A.
By the authority granted under RSA 674:21, I(j), Environmental
characteristics zoning, and RSA 674:16, Grant of power, as amended,
and in the interest of the public health, safety and the general welfare,
the Groundwater Resource Conservation District (GRCD) is established
to protect, preserve and maintain existing and potential groundwater
resources and primary groundwater recharge areas within this district,
known as "aquifers," from adverse development, land use practices
or depletion. Derry's Master Plan, 1994 update, adopted June 1994,
and the Water Resource Management and Protection Plan, adopted 1989,
propose such protection.
B.
This is to be accomplished by regulating land uses
which would contribute polluted water and pollutants to designated
aquifers identified as being needed for present and future public
and private water supply.
A.
The GRCD is identified as those areas designated as
stratified drift by blue shading which appears on maps prepared by
the United States Geological Survey in cooperation with the State
of New Hampshire Department of Environmental Services Water Resources
Division identified as United States Geological Survey, Water Resources
Investigations Report (WRIR) 91-4025, Bow, New Hampshire, 1992, or
as amended.
B.
These areas are subject to any additional standards
which apply to the underlying zoning classification.
C.
The GRCD map may be seen at the Planning Board office
during its business hours.
A.
Planning Board. During Planning Board review, when
the actual boundary of the GRCD is disputed by any owner or abutter
affected by said boundary, the Planning Board, at the owner/abutter's
expense and request, may engage the services of a professional hydrologist,
certified geologist, or soil scientist, or registered professional
engineer, to determine the site-specific boundary of said district.
Based upon the site-specific, documented, scientific and technical
information submitted by the qualified professional, in these cases,
the Planning Board shall have the authority to make the final determination
as to the location of a disputed boundary.
B.
Code Enforcement Officer (CEO). Approved building lots shall be under the authority of the CEO, who many use the same professionals listed in Subsection A. Based upon the site-specific, documented, scientific and technical information submitted by the qualified professional, in these cases, the CEO shall have the authority to make the final determination as to the location of a disputed boundary.
As used in this article, the following terms
shall have the meanings indicated:
A geologic formation, group of formations, or part of a formation
that is capable of yielding a significant amount of water to a well
or a spring under ordinary hydraulic gradients.
The spilling, leaking, pumping, pouring, emitting, emptying,
or dumping of toxic or hazardous materials upon or into any land or
waters in the Town of Derry. Discharge includes, without limitation,
leakage of such materials from failed or discarded containers or underground
or aboveground storage systems and disposal of such materials into
any on-site sewage disposal system, dry well, catch basin, or unapproved
landfill.
Water below the land surface in the zone of saturation of
the soil or rock and includes perched water separated from the main
body of groundwater by an unsaturated zone.
Any substance or mixture of such physical, chemical, or infectious
characteristics as to pose a significant, actual or potential hazard
to water supplies, or other hazard to human health, if such substance
or mixture were discharged to land or waters of this Town, as referenced
below. Toxic or hazardous materials include, without limitation, volatile
organic chemicals, heavy metals, radioactive or infectious wastes,
acids and alkalis and include products such as pesticides, herbicides,
solvents and thinners and such other substances as defined in New
Hampshire Water Supply and Pollution Control Division Rules, Env-Wm
102.73, in New Hampshire Solid Waste Rules Document 5172, or as amended,
as listed in New Hampshire Waste Management Division Hazardous Waste
Rules, Env-Wm 100 through Env-Wm 1000, as specified in Env-Wm Part
402 through Env-Wm Part 404.
Created as a result of human activity, such
as driveways, parking lots, roads, access drives, rooftops, compacted
lawns and other features at or above the soil surface that impede
infiltration of water into the soil to provide groundwater recharge.
[Amended 6-5-2007]
Naturally occurring, relatively impervious conditions
such as bedrock outcrops and soil with restrictive layers within 18
inches from below the natural soil surface.
Waste materials, including solid wastes, sludge and agricultural
wastes, that are capable of releasing waterborne contaminants to the
surrounding environment.
The removal of geological materials such as topsoil, sand,
gravel, or bedrock.
Any lawful use of buildings, structures, premises, land or
parts thereof existing as of the effective date of this article, or
amendment thereto, and not in conformance with provisions of this
article shall be considered to be a nonconforming use.
Areas that collect precipitation or surface water and transmit
it into the area of contribution to existing or potential water supply
wells. Primary recharge areas are stratified drift aquifer areas surrounding
existing or potential water supply well sites.
Wastewater arising from ordinary domestic water use as from
toilets, sinks, bathing facilities, etc., and containing such concentrations
and types of pollutants as to be considered normal household wastes.
The zone beneath the land surface in which all open spaces
are filled with water.
Residual materials produced by the sewage treatment process.
Any discarded or abandoned material, including refuse, putrescible
material, septage, or sludge, as defined by New Hampshire Solid Waste
Rules Env-Wm 100-2800, or as amended. Solid waste includes solid,
liquid, semisolid, or certain gaseous waste material resulting from
residential, industrial, commercial, mining, and agricultural operations
and from community activities.
Sorted and layered unconsolidated deposits formed in streams
flowing from glaciers or settled from suspension in quiet water bodies
fed by such streams.
Anything constructed or erected, except a boundary wall or
fence, the use of which requires location on the ground or attachment
to something on the ground. For the purpose of this article, buildings
are structures.
A.
The Conservation Commission shall be notified by the
Code Enforcement Officer upon receipt of any permit application in
the GRCD.
B.
Rulings of the Code Enforcement Officer may be appealed
to the Zoning Board of Adjustment (ZBA).
C.
The ZBA may require that the applicant for a special exception provide data or reports by a professional hydrologist, certified geologist or soil scientist or registered professional engineer to certify with appropriate evidence that conditions in § 165-67B(1), (2), (3) and (4) are true. The ZBA may engage such professional assistance as it requires to adequately evaluate such reports and to assess the proposed use in accordance with the above-mentioned criteria. Said services shall be paid by the applicant.
D.
All development proposals shall be subject to review in accordance with the provisions of Chapter 170, Land Development Control Regulations.
E.
Residential. Nothing in this article shall be deemed
to prohibit the storage and handling of products for normal household
use.
F.
Manure, agricultural compost and chemical fertilizer
shall be handled in accordance with RSA 431:33 to 431:35, or as amended.
See Manual of Best Management Practices for Agriculture in New Hampshire
as prepared by the New Hampshire Department of Agriculture, August
1993, or as amended.
A.
Any use permitted in the underlying district shall be permitted within the GRCD except those which are expressly prohibited in § 165-66, with the following additional conditions:
(1)
Coverage. No more than 30% of a lot shall be rendered
impervious by building and pavement, unless the applicant demonstrates
in the site plan application that he/she has incorporated engineering
technology in the drainage design to allow recharge of the aquifer.
(2)
Aboveground storage. Commercial and industrial chemicals,
road salt, fertilizers, herbicides, pesticides, and other hazardous
or toxic materials and waste shall be stored within a fully enclosed
structure, with an impermeable floor, designed to contain any spill
within the structure.
(3)
Location. Where the premises are partially outside
of the GRCD, potential pollution sources such as on-site waste disposal
systems shall be located outside the GRCD to the extent feasible.
(4)
Drainage. All construction and/or development activities
shall incorporate drainage design standards for stormwater management
and erosion and sedimentation control which, at a minimum, reflect
the recommendations of the publication Stormwater Management and Erosion
and Sediment Control Handbook for Urban and Developing Areas in New
Hampshire, prepared by the Rockingham County Conservation District,
prepared for the Department of Environmental Services in cooperation
with the United States Department of Agriculture, Soil Conservation
Service, August 1992, or as amended.
(5)
Septic system design and installation. In addition
to meeting all local and state septic system requirements, all new
on-lot sanitary wastewater disposal systems installed in the GRCD
shall be designed by a septic system designer and installer licensed
in New Hampshire. These systems shall be installed under the supervision
of the Health Officer, who shall perform a basic area inspection,
in person, as part of said supervision.
B.
The Health Officer or qualified agent of the Town
shall inspect the installation of each new system prior to covering
and shall certify that the system has been installed as designed.
C.
Septic systems are to be constructed in accordance
with the most recent edition of Chapter Env-Ws 1000, Subdivision and
Individual Sewage Disposal System Design Rules, as published by the
New Hampshire Water Supply and Pollution Control Division, or as amended.
The following uses shall not be permitted within
the GRCD:
A.
Disposal of solid waste.
B.
Underground storage of hazardous or toxic materials
and waste.
C.
Industrial uses which discharge contact-type process
waters on site. Noncontact cooling water is permitted.
D.
Dumping of snow containing de-icing chemicals brought
from outside the GRCD.
E.
Junk and salvage yards.
F.
All on-site treatment, disposal, or recycling of hazardous
or toxic materials as a principal business operation.
G.
Any other use or activity that, based upon the following
findings of fact:
(1)
Will have a detrimental effect on the quality of the
groundwater contained in the aquifer by directly contributing to pollution
or by increasing the long-term susceptibility of the aquifer to potential
pollutants.
(2)
Will cause a significant reduction in the long-term
volume of water contained in the aquifer or in the storage capacity
of the aquifer.
(3)
Will discharge wastewater on site other than that
which is permitted under the provisions of this article.
A.
Hazardous or toxic material and waste. Waste generated
by, but not limited to, the following commercial activities is presumed
to be toxic or hazardous, unless and except to the extent that anyone
engaging in such an activity can demonstrate the contrary:
|
Airplane, boat and motor vehicle service and
repair
| |
|
Chemical and bacteriological laboratory operation
| |
|
Dry cleaning
| |
|
Electronic circuit manufacturing
| |
|
Metal plating, finishing and polishing
| |
|
Motor and machinery service and assembly
| |
|
Painting, wood preserving and furniture stripping
| |
|
Pesticide and herbicide application
| |
|
Photographic processing and printing
|
B.
Procedures. The hearing for a special exception shall
be held by the Zoning Board of Adjustment with mandatory attendance
of the Planning Board and Conservation Commission to provide advice.
In the case of any use which may be allowed by special exception in
the underlying zoning district, it must be found by the ZBA, in written
findings of fact, that all of the following are true:
(1)
The proposed use will not have a detrimental effect
on the quality of the groundwater contained in the aquifer by directly
contributing to pollution or by increasing the long-term susceptibility
of the aquifer to potential pollutants.
(2)
The proposed use will not cause a significant reduction
in the long-term volume of water contained in the aquifer or in the
storage capacity of the aquifer.
(3)
The proposed use will discharge no wastewater on site
other than that which is permitted under the provisions of this article.
(4)
The proposed use complies with all other applicable
sections of this article.
A.
Any nonconforming use may continue and may be maintained,
repaired, replaced, and improved, unless such use is determined to
be an imminent hazard to the public health and safety by the Town
Council, Health Officer or Code Enforcement Officer.
B.
No nonconforming use may be expanded or changed to
another nonconforming use. No nonconforming use may be renewed after
it has been discontinued for a period of 12 months or more.
In all cases where the GRCD is superimposed
over another zoning district in the Town of Derry, that district whose
regulations are the more restrictive shall apply.
