As used in this chapter, the following terms
shall have the meanings indicated:
ANIMAL HUSBANDRY
The raising or keeping of livestock for other than personal
consumption.
AQUIFER
Geologic formation composed primarily of rock or sand and
gravel which stores and yields significant quantities of groundwater
to wells, springs or streams.
CONTAMINANT
Any substance whose concentration in surface or groundwater
exceeds the background level or the current public health drinking
water standards for Maine. Background levels can be established by
predevelopment groundwater analysis. The drinking water and aquatic
toxicity standards referenced above may be obtained from the current
manual: State of Maine Rules of the Department of Human Services relating
to Drinking Water (available at the Town Clerk's office).
DISCHARGE
The accidental or intentional injection, dumping, spilling,
leaking, incinerating or placing of hazardous materials upon or into
any land or waters.
GROUNDWATER
All of the water found beneath the surface of the ground.
For purposes of aquifer protection, this term refers to the subsurface
water present in surficial and bedrock aquifers and their respective
recharge areas.
HAZARDOUS MATERIAL
A product or waste or combination of substances that, because
of quantity, concentration or physical, chemical or infectious characteristics,
poses a substantial present or potential hazard to human health, safety
or welfare or the environment when improperly treated, stored, transported,
used, disposed of or otherwise managed. This term includes petroleum
and any materials or substances designated as hazardous by the United
States Environmental Protection Agency and/or the Maine Department
of Environmental Protection.
PETROLEUM
Oil, gasoline, petroleum products and by-products, and all
other hydrocarbons which are liquid under normal atmospheric conditions.
RECHARGE AREA
Area composed of permeable material which allows precipitation
and surface water to filter into the ground and replenish groundwater
in aquifers.
SLUDGE
Residual materials produced by industrial processes, water
or sewage treatment processes or domestic septic tanks.
UNDERGROUND STORAGE TANK
Any vessel used for containment of liquid or bulk materials
which are classified as hazardous, and which is completely or partially
buried below the surrounding land surface.
Maximum lot coverage with impervious surface
shall not exceed 10%, except that the Planning Board may authorize
an increase in impervious cover to a maximum of 30% of a lot, provided
that the criteria established below are met. The Planning Board may
authorize an increase in the allowable lot coverage with impervious
surfaces to a maximum of 30% of a lot, except for areas within 400
feet from any springs and well sites controlled by the Water District,
provided that the Board finds that criteria established in Subsections
A through D below have been met. Evidence as to whether the criteria
below have been met shall be submitted by the applicant in the form
of a stormwater management plan and a hydrogeologic analysis prepared
by a registered professional engineer(s). The Planning Board shall,
when deemed necessary to determine compliance with the criteria contained
in this section, retain the services of the Town's consulting engineer;
the cost of such services to be covered by the applicant.
A. Recharge to the aquifer shall not be significantly
impaired. To avoid reduction in recharge, the ground surface of the
site in question shall be modified so as to create recharge swales
and/or recharge dry wells. Swales and dry wells shall be designed
to accept stormwater from a twenty-four-hour, ten-year storm, falling
on the total area of impervious surface and the area of the swale
itself.
B. Stormwater runoff shall be satisfactorily infiltrated
into the aquifer. Wetland conditions shall not be created in recharge
swales. Test pit logs, water level readings from wells or piezometers
or other climatological data shall determine that the bottom of recharge
swales and/or dry wells will not interest the seasonal high water
level.
C. For the purposes of encouraging recharge, evaporation
of impounded stormwater shall be minimized. Surface and subsurface
soil permeabilities shall be sufficient to drain runoff generated
by the twenty-four-hour, ten-year storm within a period of seven days.
D. The hydrogeologic analysis shall provide evidence
that the resultant water quality of runoff due to the increased impervious
cover will not be degraded over existing predevelopment conditions.
Applications for a site plan review in the Aquifer
Protection District must contain the following information:
A. A site plan drawn to a scale no smaller than one inch
equals 100 feet, showing:
(1) Aquifer Protection District boundaries if they cross
the parcel.
(2) Boundaries of the property and abutting streets.
(3) Outlines of all buildings.
(4) Layout and location of access drives, parking areas
and vehicular maneuvering areas.
(5) Location of all areas used for storage of petroleum
or hazardous materials.
(6) Location of buffers, landscaping and existing vegetation
which will be retained.
(7) Location and description of storage areas and types
of materials to be stored.
(8) Location of wastewater disposal systems or public
sewer facilities.
(9) Location of all public and private water supplies
on the property and abutting properties.
(10) Topography of a contour interval not greater than
two feet showing the effects of drainage and runoff on adjacent properties.
A greater contour interval may be used if the Board determines that
the plan is adequate to evaluate site conditions.
B. A description of the manner in which the applicant
intends to meet all applicable performance standards.
C. Where applicable:
(1) A complete list of all chemicals, pesticides, fuels
and other potentially toxic or hazardous materials to be used or stored
on the premises in quantities greater than those associated with normal
household use, and a description of measures to provide for control
of spills, design of storage areas and any other information necessary
to show compliance with performance standards.
(2) For a permit to use limited- or restricted-use pesticides,
a complete list of products proposed for application and a detailed
description of the application program.
(3) For animal husbandry operations, a conservation plan,
approved by the York County Soil and Water Conservation District.
(4) For dwellings with subsurface waste disposal systems,
a completed site evaluation form (HHE-200).
D. If required by the Board:
(1) A map showing groundwater contours of the seasonal
high water table.
(2) A hydrogeological study of the proposed use's impact
on groundwater quality.
(3) Water quality data from on-site monitoring wells.
(4) Any other information needed to prove that the use
will not adversely affect groundwater quality.
Appeals from decisions of the Code Enforcement Officer or the South Berwick Planning Board shall go to the Zoning Board of Appeals using the appeal procedure outlined in §
140-76C of the South Berwick Zoning Ordinance.