These regulations shall be in addition to the requirements for
the underlying zoning districts as designated on the Zoning Map. Both
the requirements of the Zoning Regulations as set forth in other sections
and the requirements contained herein for the Aquifer Protection District
shall apply within such zone. In the event of a conflict, the more
restrictive requirements shall apply.
The Aquifer Protection District (ADP) is hereby established
on those lands serving as the primary and secondary recharge areas
and those lands within the preliminary (Level B) aquifer protection
areas of the Pootatuck Aquifer. The Aquifer Protection District is
delineated on two maps.
A.
The first map is entitled "Aquifer Protection Districts" and
is overlaid on the Newtown, Connecticut, Zoning Map dated effective
June 27, 1959, amended to July 1, 1969, and July 1976, scale one inch
equals 1,200 feet, prepared for the Housatonic Valley Council of Elected
Officials by Cahn Engineer, Inc., Wallingford, Connecticut.
[Effective 3-13-1981]
B.
The second map is entitled "Preliminary (Level B) Aquifer Protection
Areas, United Water Connecticut (formerly Newtown Water Co.) Map B059,
approved July 18, 1991, Fairfield Hills Hospital Map B071, approved
April 24, 1992, Newtown, Connecticut," scale 1:12,000, November 30,
1998, by the State of Connecticut Department of Environmental Protection.
Uses permitted in an Aquifer Protection District are the following
principal uses where permitted in the underlying zone. No use variance
shall be granted to allow any use in the district which is not expressly
permitted in this section.
2.01.310 Single-family dwellings having
two or more acres of land per dwelling.
2.01.320 Open space and passive recreation.
2.01.340 Wells and accessory equipment
for the purpose of providing the public water supply.
The following uses and activities are prohibited in an Aquifer
Protection District:
2.01.410 Sanitary landfills, septage
lagoons, wastewater treatment facilities, transfer stations.
2.01.420 Printing and publishing establishments
which involve the use of acid/bases, heavy metal wastes, solvents,
toxic wastes, or solvent-based inks.
2.01.470 Manufacture, storage, transport,
processing or disposal of hazardous materials or waste.
2.01.480 The mining or removal of sand
and gravel.
2.01.490 Underground storage of hazardous
materials, including, but not limited to, fuel oil or petroleum.
2.01.500 Dry-cleaning establishments
with on-site cleaning operations.
2.01.510 Outdoor storage of any commercial
vehicles or construction equipment except for parking of fleet vehicles
accessory to the principal use.
[Amended effective 4-28-2008]
2.01.520 Outdoor maintenance of any
commercial vehicles or construction equipment.
[Amended effective 4-28-2008]
2.01.530 Outdoor maintenance of public
utility service vehicles.
[Amended effective 4-28-2008]
2.01.540 Classification and smelting
of nonferrous metals.
2.01.550 Except when connected to public
sewers:
2.01.552 Adult congregate living facilities with a
density of more than one unit per two acres.
2.01.553 Single-family dwellings having less than two
acres of land per dwelling.
2.01.560 Except when connected to public
sewers and public water:
2.01.565 Beauty salons.
[Amended effective 11-26-2012]
2.01.567 Research or medical laboratories.
Except as provided in Sections
595-2.01.300 and
595-2.01.700 herein, any principal or accessory uses permitted in the underlying zoning districts as provided for in Article
IV, Permitted uses, and when such principal or accessory use or activity is not prohibited pursuant to Section
595-2.01.400 herein, then such use or activity shall be subject to obtaining a special exception in accordance with the standards, criteria, conditions, and procedures as set forth in Article
XI herein and the additional standards, criteria, conditions and procedures set forth herein.
Every land use located within the Aquifer Protection District which requires the filing of an application for approval by the Planning and Zoning Commission or the Zoning Enforcement Officer pursuant to Section
595-2.01.700 shall be subjected to an aquifer impact assessment. All information pursuant to Section 595-2.01.910 shall be submitted to the Planning and Zoning Commission or the Zoning Enforcement Officer upon application.
2.01.910 Aquifer impact assessment
requirements. An application for an Aquifer Impact Review shall include,
in addition to any other application requirements, a written aquifer
impact assessment prepared by a professional with special expertise
who is familiar with groundwater modeling. The purpose of the assessment
is to evaluate the impact on the proposed activities upon the aquifer.
The aquifer impact assessment shall include, in so far as is pertinent
to the application, the information listed below. The Planning and
Zoning Commission may waive the requirements for some of the following
information if they determine that it is not relevant to the specific
application.
2.01.911 Detailed written document
concerning the environmental assessment and impacts of the proposed
activity. The environmental assessment shall address direct and indirect
effects, both short-term and long-term, which would result from the
implementation of a proposed action and shall contain sufficient detail
for the purposes of determining environmental significance of the
activity on the environment in general and the aquifer in particular.
2.01.912 The amount and composition of any hazardous
materials that will be used, handled, stored, generated, treated,
or disposed of on the property.
2.01.913 Provisions for treatment, temporary storage,
and/or disposal of any hazardous materials.
2.01.914 Locations of adjacent (within 500 feet of
property line) private drinking water supply wells. Location of public
water supply wells within 1,000 feet of property line. Distance to
Class AA streams (tributary to public drinking water supply).
2.01.915 Site and building plans showing all information required pursuant to Sections
595-10.01.400 through 595-10.01.500 herein.
2.01.916 Whether public sanitary sewers and water supply
are approved to service the use.
2.01.917 Septic system location, size, and capacity.
2.01.918 Details of the hydrologic budget, including
natural and man-induced sources of recharge and withdrawal.
2.01.919 Potential impacts resulting from the planned
discharges or withdrawals, including:
(a) Impacts to other users of the aquifer (wells, surface
expressions of groundwater, etc.)
(b) Quantity of water available and induced quality
changes.
(c) Impacts resulting from induced infiltration, including
quantity implications to both the groundwater and surface water systems.
2.01.920 Provisions for stormwater management and pretreatment.
2.01.921 Emergency plan to protect and control hazardous
material leaks and spills, including, but not limited to, inspections,
notification of officials, containment, and cleanup procedures.
The following minimum standards shall be met for all uses within
an aquifer protection district.
2.01.1010 Stormwater management.
2.01.1011 No wastewater discharges
shall be connected to the stormwater system.
2.01.1012 Stormwater from developed site areas shall
require pretreatment of runoff prior to discharge. The design shall
provide detention ponds, basins, swales, oil separators, or other
measures designed to treat runoff, contain pollution, control peak
flow, and/or allow for clean water infiltration into the ground.
2.01.1013 Stormwater contact with sources of pollution
(such as dumpsters and waste receptacles) shall be prevented with
roofs, covers, berms, or by directing runoff away from sources.
2.01.1014 Parking, storage, loading and other areas
where vehicular activity occurs shall be an impervious surface.
2.01.1020 Floor drains. Floor drains
are prohibited except where connected to public sanitary sewers in
accordance with DEP (or local authorized agent) approval.
2.01.1030 Pesticide and fertilizer
use. Any use which includes more than two acres of land used for crop,
lawn, garden, or landscaping shall be accompanied by a management
plan. The management plan shall indicate types of materials, application
schedule, if any, chemical pesticides or fertilizers and conformance
with applicable best management practices.
2.01.1040 Manufacture and storage
of hazardous materials. At all areas and facilities where hazardous
materials are already manufactured, stored, transported, processed
or disposed of prior to June 21, 1999, any change to the existing
use or improvements at the facility shall be designed for the control
of inadvertent or accidental spills, leaks, or other discharges. The
following standards shall apply:
2.01.1041 Manufacturing, processing,
or other activities using hazardous materials shall only be conducted
on flooring impervious to the material being used and within a building
or structure.
2.01.1042 Underground storage tanks and distribution
lines for hazardous materials are prohibited.
2.01.1043 Above ground storage tanks, containers or
drums shall be within a building or structure meeting the following
requirements:
(a) Have an impervious floor and containment area or
dike of adequate size to contain 30% of the total storage capacity
or 110% of the largest tank, whichever is larger.
(b) Area shall be protected by a roof and adequate
sides to prevent exposure to precipitation.
(c) Tank overfill protection devices shall be designed
to prevent release of overfill outside the storage area.
(d) Storage areas shall be located outside of flood
zones or shall be floodproofed.
2.01.1044 Venting systems for evaporation or distillation
of hazardous materials shall be designed with a recovery system to
prevent the discharge of contaminated condensate or drippage.
2.01.1045 Loading or transfer activities shall be conducted
on impervious surfaces, roofed, and diked to capture and control any
spills or leaks.
2.01.1046 Best management practices shall be followed
for all usage, storage, or handling of hazardous materials.
[Added 6-21-1999]