Chapter 7.1 Section 16 Aquifer Protection District
PROPOSAL TO REPLACE THE
AQUIFER PROTECTION DISTRICT BY LAW
DATED APRIL 26, 2011
It is proposed to replace Chapter 7.1 Section XVI the “Aquifer Protection District” Bylaw by deleting it in its entirety and replacing it as follows:
SECTION XVI
AQUIFER PROTECTION DISTRICT
1) Intent and Purpose
Whereas, the Town of Holden wishes to safeguard and protect town sources of water supply by preserving and maintaining the filtration and purification function of the land, the groundwater table and the purity of groundwater supplies and;
Whereas, the groundwater supplies underlying Holden are the primary sources of Holden's existing and future drinking water supply, and;
Whereas, the groundwater aquifers are integrally connected with, and flow into, surface waters which constitute significant recreational and economic resources of the town, and;
Whereas, accidental spills and discharges of petroleum products and other toxic and hazardous materials and sewage discharge have repeatedly threatened the quality of such groundwater supplies and related water resources throughout towns in Massachusetts, posing potential public health and safety hazards and threatening economic losses to the affected communities, and;
Whereas, the groundwater aquifers are recharged by precipitation falling upon the land surface directly above the aquifers, and as more of that land surface is rendered impervious by development, recharge may decrease, threatening the eventual inability of the aquifers to meet the Town's demand for water;
Now, therefore the Town of Holden hereby adopts the following bylaw which shall be known as the "Aquifer Protection District" zoning by-law.
2) Aquifer Protection District
The Aquifer Protection District shall be considered as overlapping other zoning districts. This overlay district shall apply to all new construction reconstruction or expansion of existing building and new or expanded uses. Any uses permitted in the portions of the districts so overlaid shall be permitted subject to all the provisions of this district.
For the purposes of this district, there are hereby established within the town certain aquifer protection areas, consisting of aquifers and/or aquifer recharge areas. Aquifers and aquifer recharge areas are defined by standard geologic and hydrologic investigations which may include drilling observation wells, utilizing existing boring data and stratigraphic profiles, conducting seismic surveys or other geophysical techniques, performing pumping tests, water sampling and geologic mapping.
The Aquifer Protection District includes the aquifer itself, the land above the aquifer and the aquifer's significant areas of recharge consisting of:
2.1 The boundaries of this district are shown on a map entitled "Aquifer Protection District," dated March, 2011 . This map is hereby made a part of this bylaw and is on file in the Office of the Town Clerk.
2.1(A) Zone I - shall consist of a 400’ radius around municipally owned and/or currently proposed water supply wells and requires the most stringent protection. Zone I includes existing and currently proposed public water supply wells or wellfields as required by the Massachusetts Department of Environmental Protection in 310 CMR 22.00.
2.1(B) Zone II - Area of influence of all existing and proposed (confirmed by long-term pump test) municipal wells within the Town. The Zone II delineations for existing and currently proposed public water supply wells or wellfields required by the Mass. Dept. of Environmental Protection (DEP), as set forth in 310 CMR 22.00 and the "Guidelines and Policies for Public Water Systems".
2.1(C) Zone III - Major aquifers and primary areas of recharge which contribute to Zone II.
3) Boundary Disputes
In any instance where a property owner(s) disputes the inclusion of their property in the Aquifer Protection District, the burden of proof shall be upon the owner(s) of the land in question to show where the boundaries should be properly located. The owner(s) may engage a professional hydrogeologist or registered professional engineer or geologist with experience in hydrogeology to determine if that property should be included in the Aquifer Protection District based on the definition and purposes of the district and the characteristics of the property. Changes to Zone II and Zone III boundaries require approval from the Massachusetts Department of Environmental Protection.
4) Use Regulations
4.1 Allowed uses are subject to the underlying zoning district and the following uses are allowed within the Aquifer Protection District:
- Zone I
Only land uses which are permitted by the underlying zoning district at the time of adoption of this bylaw are permitted, any future zoning changes to the underlying zoning district which result in an increase in permitted or allowed land use activities or density shall not take effect within this overlay district. The following land uses are permitted:
a) Conservation of soil, water plants and wildlife;
b) Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;
c) Foot, bicycle and/or bridges;
d) Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;
e) Maintenance repair and enlargement of any existing structure provided there is no increase in impermeable area, subject to Section 4.2 of this bylaw
f) Residential development, subject to Section 4.2 of this bylaw
g) Farming gardening, nursery, conservation, forestry harvesting, and grazing, subject to Section 4.2 of this bylaw.
h) Construction, maintenance, repair and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels.
4.1.2. Zone II the following uses are permitted:
a) Conservation of soil, water, plants and wildlife.
b) Outdoor recreation, nature study, boating, fishing and hunting where otherwise legally permitted.
c) Foot, bicycle and/or horse paths and bridges.
d) Normal operation and maintenance of existing dams, splash boards, and other water control, supply and conservation devices.
e) Maintenance, repair and enlargement of any existing structure provided there is no increase in impermeable area, and subject to Section 4.22 of this bylaw.
f) Nonintensive agricultural uses (pasture, light grazing, hay), gardening, nursery, conservation, forestry and harvesting provided that fertilizers, herbicides, pesticides and other leachable materials and soil conditioners, as defined in M.G.L. Chapter 128, Section 64, are stored within a structure designed to prevent the generation and escape of contaminated runoff or leachate. Where the application is being made of fertilizers, pesticides, herbicides or other potential contaminants, groundwater quality monitor test wells may be installed and periodically sampled and tested at the town's expense. Test wells shall be located by a professional geologist, hydrologist or engineer trained and experienced in hydrogeology. Sampling will be conducted by an agent of the Board of Health.
g) Necessary public utilities/facilities designed so as to prevent contamination of groundwater.
h) Residential development of single-family dwellings, such that no more than 10% or 2,500 square feet, whichever is less, of the building lot is rendered impervious. Where not serviced by public sewerage, lot size shall be a minimum of 10,000 square feet of lot area per 55 gallons per day of on-site domestic sewage disposal generated, as determined by Title 5 of the State Environmental Code. Where serviced by public sewerage, minimum residential lot size shall comply with the dimensional requirement of the underlying residential zone.
i) Commercial development (retail shopping, business or professional office) or industrial development (limited to storage of nontoxic, nonhazardous materials) on lots of at least 80,000 square feet in area such that no more than 15% or 2,500 square feet, whichever is greater, of the building lot is rendered impervious; roof, parking and drive runoff shall be recharged on-site using storm water infiltration basins or a similar system covered with natural vegetation with parking and drive runoff discharged to oil/gas trap catch basins with appropriate sumps prior to recharge; and, where not serviced by public sewerage, on-site domestic sewage disposal is less than or equal to 55 gallons per day per 10,000 square feet of lot area; however no more than 20% of a lot shall be rendered impervious.
4.1.3. Zone III: the following land uses are permitted:
a) All uses permitted in Zone I and Zone II, above.
b) Residential development of single-family dwellings, such that no more than 10% of the building lot is rendered impervious. Where not serviced by public sewerage, lot size shall be a minimum of 10,000 square feet of lot area per 110 gallons per day of on-site domestic sewage disposal generated, as determined by Title 5 of the State Environmental Code. Where serviced by public sewerage, minimum residential lot size shall comply with the dimensional requirement of the underlying residential zone.
c) Commercial development (retail shopping, business or professional office) or industrial development (limited to storage of nontoxic, nonhazardous materials) on lots of at least 40,000 square feet in area such that no more than 40% of the building lot is rendered impervious; roof, parking and drive runoff shall be recharged on-site to the maximum extent practicable with parking and drive runoff discharged to oil/gas trap catch basins with appropriate sumps prior to recharge; and, where not serviced by public sewerage, on-site sewage disposal is less than or equal to 110 gallons per day per 10,000 square feet of lot area.
d) Uses permitted in the underlying districts, subject to Section 4.2 such that runoff waters from constructed impervious surfaces shall be treated and recharged to the groundwater system using the best methods practicable.
4.2. Within the Aquifer Protection District, the following uses are prohibited:
4.2.1 Zone I: the following uses are prohibited:
All uses are prohibited with the exception of those uses identified in 4.1.1. and those permitted in the underlying zoning district on, or before, May 2011. Any increase in use or density of the underlying zoning district shall not be permitted within the boundaries of this overlay.
4.2.2. Zone II the following uses are prohibited:
a) Landfills and open dumps as defined in 310 CMR 19.006;
b) Automobile graveyards and junkyards, as defined in M.G.L. Chapter 140B, Section 1;
c) Landfills receiving only wastewater and/or septage residuals including those approved by the Department pursuant to M.G.L.Chapter 21 Section 26 through .53; M.G.L. Chapter 111 Section 17; M.G.L. Chapter 83, Section 6 and 7, and regulations promulgated thereunder;
d) Facilities that generate, treat, store, or dispose of hazardous waste that are subject to M.G.L. Chapter 21C and 310 CMR 30.00, except for:
1. very small quantity generators as defined under 310 CMR 30.000;
2. household hazardous waste centers and events under 310 CMR 30.390;
3. waste oil retention facilities required by M.G.L. Chapter 21, Section 52A;
4. water remediation treatment works approved by DEP for the treatment of contaminated waters.
e) Petroleum, fuel oil, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum gas.
f) Storage of liquid hazardous materials, as defined in M.G.L.Chapter. 21E, and/or liquid petroleum products unless such storage is:
1. above ground level and on an impervious surface; and
- either in container(s) OR above ground tank(s) within a building OR outdoors in covered container(s) OR above ground tank(s) in an area that has a containment system designed and operated to hold either; 10% of the total possible storage capacity of all containers OR 110% of the largest container’s storage capacity, whichever is greater.
g) Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.
h) Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
i) Storage of animal manure unless covered or contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
j) Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material to within 4 feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, or utility works.
k) Discharge to the ground of non-sanitary wastewater including industrial and commercial process waste water, except:
- the replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works;
- treatment works approved by the Department designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13);and
- publicly owned treatment works.
l) Stockpiling and disposal of snow and ice containing deicing chemicals brought in from outside the district
m) Storage of commercial fertilizers, as defined in M.G.L. c. 128, s.64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
n) Any use or application of toxic or hazardous materials, even in small application or as accessory to a nonrelated practice.
o) Commercial excavation and removal of sand and gravel.
p) Processing and treating of mixed and quarried raw materials.
q) Power plant, sewage treatment plant and refuse facility.
4.2.3 Zone III the following uses are prohibited:
a) Disposal of solid wastes, other than brush and stumps.
b) The disposal of liquid or leachable wastes other than sanitary domestic wastes or innocuous process wastes.
c) Stockpiling and disposal of snow or ice removed from highways and streets located outside of Zone II that contains sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.
d) Automotive service and repair shops, junk and salvage yards.
e) Car washes.
f) Dry cleaning establishments, metal plating operations, manufacturing, or chemical or bacteriological laboratories not serviced by public sewerage.
g) Any other use which involves as a principal or accessory activity the manufacture, storage, use, transportation, treatment, generation or disposal of toxic or hazardous materials.
h) Processing and treating of mixed and quarried raw materials.
i) Power plant, sewage treatment plant and refuse facility.
- Within the Aquifer Protection District, the following uses are permitted only by special permit that is subject to the approval of the Zoning Board of Appeals with such conditions as they may attach and subject to Section 4.2:
- Zone I
No uses are allowed by Special Permit within the Zone I Area
4.3.2. Zone II the following uses are allowed by Special Permit:
a) Any use involving the retention of less than 50% of lot area in its natural state with no more than minor removal of existing trees and ground vegetation.
b) Any use involving as a principal or accessory activity the excavation or removal of greater than 10,000 cubic feet of earth material, consolidated or unconsolidated.
c) Expansion of existing or nonconforming uses to the extent allowed by the underlying district.
d) Uses calling for greater impervious cover than prescribed in Section 4.1.2.-h and 4.1.2.-i, provided that plan calls for method of recharging proposed increases in runoff waters.
e) Non-profit hospital, provided that plan proposes connection to the municipal sewer system.
f) Public utility except power plant, water filtration plant, sewage treatment plant and refuse facility.
g) Commercial forestry when not subject to a state approved cutting plan.
h) Raising and keeping of livestock, horses and poultry, unless otherwise exempt from special permit requirements in accordance M.G.L. Chapter 40A Section 3.
i) Commercial stables, kennels or veterinary hospitals, unless otherwise exempt from special permit requirements in accordance M.G.L. Chapter 40A Section 3.
j) Water filtration plant (in underlying R-40 areas, only).
k) Town equipment garage (in underlying R-40 areas, only).
l) Restaurants (in underlying R-40 areas, only), if plan proposes connection to the municipal sewer system.
m) Open storage of construction equipment and structures for storing such equipment.
4.3.3. Zone III the following uses are allowed by Special Permit:
a) Transportation terminals.
b) Any principal use involving the sale, storage, transportation of fuel oil or gasoline.
c) Uses calling for greater impervious cover than prescribed in Section 4.1.3.-b and 4.1.3.-c, provided that plan calls for method of recharging proposed increases in runoff waters.
d) Any use involving on-site disposal of process wastes from any operation other than normal domestic uses.
e) Any use (other than a single-family dwelling) with a sewage flow, as determined by Title 5 of the State Environmental Code, exceeding 110 gallons per day per 10,000 square feet of lot area or exceeding 15,000 gallons per day regardless of lot area.
f) Expansion of existing or nonconforming uses, to the maximum allowed by the underlying district.
g) Non-profit hospital, provided that plan proposes connection to the municipal sewer system.
h) Public utility except power plant, water filtration plant, sewage treatment plant and refuse facility.
i) Commercial forestry when not subject to a state approved cutting plan.
j) Raising and keeping of livestock, horses and poultry, unless otherwise exempt from special permit requirements in accordance M.G.L. Chapter 40A Section 3.
k) Commercial stables, kennels or veterinary hospitals, unless otherwise exempt from special permit requirements in accordance M.G.L. Chapter 40A Section 3.
l) Water filtration plant (in underlying R-40 areas, only).
m) Town equipment garage (in underlying R-40 areas, only).
n) Restaurants (in underlying R-40 areas, only), if plan proposes connection to the municipal sewer system.
o) Open storage of construction equipment and structures for storing such equipment.
p) Commercial excavation and removal of soil, loam, sand, gravel or any other mineral substances to achieve a final grading greater than four (4) feet above the historical high groundwater table elevation (as determined from new or existing monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey). Substances removed below a grade greater than four (4) feet above the historical high groundwater table must be redeposited within forty-five (45) days of removal to achieve a final grading greater than four (4) feet above the historical high water mark.
5.0 Special Permit Issuance Procedures
5.1 Each application for a special permit shall be filed with the Zoning Board of Appeals (ZBA) as prescribed in Section XI-J-1 and XI-J-2 of the Holden Zoning By-Law and shall be accompanied by ten (10) copies of the plan. Such special permit shall be granted if the ZBA determines, in conjunction with other town agencies as specified in Section 6.2 below, that the intent of this by-law as well as its specific criteria are met. In making such determination, the ZBA shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures failed. The ZBA shall explain any departures from the recommendations of the other town agencies in its decision.
5.2 Review by other Town agencies. Within 14 days of the special permit application, the ZBA shall transmit one copy each to the Board of Health, Department of Public Works/Town Engineer, Conservation Commission, Planning Board and Water Department for their written recommendations. Failure to respond in writing within 60 days shall indicate approval by said agencies.
5.3. After notice and public hearing, and after coordinating, clarifying and weighing the comments and recommendations of the Planning Board, the Board of Health, the Conservation Commission, the Department of Public Works/Town Engineer, and the Water Department, the ZBA may grant such a special permit provided that it finds that the proposed use:
5.3.1. Is in harmony with the purpose and intent of this bylaw and will promote the purposes of the Aquifer Protection District.
5.3.2. Will not, during construction or thereafter, have an adverse environmental impact on any aquifer or recharge area in the town.
5.3.3. Will not adversely affect an existing or potential water supply.
5.3.4. Is consistent in light of existing and probable future development of surrounding areas.
6.0 Split Zoning
Where the boundary line of the Aquifer Protection District divides any lot existing at the time such line is established, the regulations established hereunder shall not apply to the portion of such lot located within the Aquifer Protection District, provided such lot's frontage is not located in the Aquifer Protection District.
7.0 Enforcement
7.1 Written notice of any violations of this bylaw shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance.
7.2 A copy of such notice shall be submitted to the Town Planning Board, Board of Health, Conservation Commission, Engineer and/or Department of Public Works, and Water Department. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises.
8. 0 Severability
A determination that any portion or provision of this overlay protection district is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.
Amend, “Section II – Definitions” of the Holden Zoning By-law by adding the following definitions:
AQUIFER: Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
AQUIFER PROTECTION DISTRICT: Those land area(s) designated on a map adopted pursuant to this bylaw that provide recharge to an existing or planned public drinking water supply well. The Aquifer Protection District includes all areas designated as Zone I, Zone II and Zone III.
CMR: Code of Massachusetts Regulations.
DEP: Massachusetts Department of Environmental Protection.
HAZARDOUS MATERIAL: Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water. Hazardous materials include, without limitation: synthetic organic chemicals; petroleum products; heavy metals; radioactive or infectious wastes; acids and alkalis; solvents and thinners in quantities greater than normal household use; and all substances defined as hazardous or toxic under M.G.L. c.21C and 21E and 310 CMR 30.00.
HAZARDOUS WASTE: Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR Section 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides.
IMPERVIOUS SURFACE: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
LANDFILL: A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to 310 CMR 19.006.
M.G.L. Massachusetts General Law
PETROLEUM PRODUCT: Petroleum or petroleum by-product including, but not limited to: fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not include liquefied petroleum gas including, but not limited to, liquefied natural gas, propane or butane.
NON_SANITARY WASTEWATER: Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage including, but not limited to, activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6).
OPEN DUMP: A facility operated or maintained in violation of the Resource Conservation and Recovery Act (42 U.S.C. 4004(a) (b)), or state regulations and criteria for solid waste disposal.
POTENTIAL DRINKING WATER SOURCES: Areas that could provide significant potable water in the future.
RECHARGE AREAS: Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas include DEP approved Zone I, Zone II, or Zone III areas, and includes any wetland or body of surface water surrounded by or adjacent to such areas, together with the watershed of any wetland or body of surface water adjacent to such area.
SEPTAGE: The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material that is a hazardous waste as defined by 310 CMR 30.000.
SLUDGE: The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the head-works of a facility
TREATMENT WORKS: Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
VERY SMALL QUANTITY GENERATOR: Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
WASTE OIL RETENTION FACILITY: A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with M.G.L. c.21. s.52A.
ZONE I: The DEP designated protective radius around a public water system well or well-field, may range from 0 – 400 feet.
ZONE II: The DEP approved area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated as defined in 310 CMR 22.00.
ZONE III: The area from which surface water and groundwater drain into Zone II as determined by topography which is commonly coincident with groundwater drainage. Where Surface and groundwater drainage are not coincident Zone III shall consist of both the surface drainage and the groundwater drainage areas,
Or act or do anything relative thereto.