A.
It is the intent of this section to promote the health and general
welfare of the community by preventing the contamination of ground
resources and to protect groundwater quality within the Town of Newtown
and in particular the Pootatuck Aquifer to ensure a present and future
supply of safe and healthy drinking water. The Aquifer Protection
District is designated as an overlay zone.
B.
The purpose of this section is to facilitate the adequate provision
of clean water by prohibiting, within the Aquifer Protection District,
land uses which can contaminate groundwater resources and by regulating
other land uses which may have the potential to contaminate or downgrade
existing and potential groundwater supplies.
C.
The stratified drift deposits of the Pootatuck Aquifer are composed
predominately of inter-bedded layers of sand and gravel with lesser
amounts of silt and clay. These deposits are underlain by crystalline
bedrock, mostly gneiss and schist. The Pootatuck Aquifer is capable
of supplying large quantities of drinking water in Newtown and its
protection is critical.
D.
The Pootatuck Aquifer (a federally protected sole source aquifer)
is highly susceptible to contamination because of its relatively high
permeability and shallow water table which is recharged mainly from
precipitation that percolates from the land surfaces within the watershed.
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.
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.
2.01.430
Public garages.
2.01.440
Filling stations.
2.01.450
Car wash facilities.
2.01.460
Road salt storage.
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:
2.01.551
Multiple-family housing.
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:
2.01.561
Kennels.
2.01.562
Hotels and motels.
2.01.563
Dental offices.
2.01.564
Veterinary hospitals.
2.01.565
Beauty salons.
[Amended effective 11-26-2012]
2.01.566
Funeral parlors.
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,[1] 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.
2.01.710
When all of the following
criteria are met, an application for a zoning permit and an Aquifer
Impact Review shall be required:
2.01.711
A principal or accessory use is permitted
by right in the underlying zoning district; and
2.01.712
Such use or activity is not prohibited pursuant to in Section 595-2.01.400; and
2.01.713
Such use or activity is a change in use proposed
to occupy or locate within an existing building or other structure;
and
2.01.714
There will be no erection, enlargement or
structural alteration of any structure; and
2.01.715
There will be no exterior site work for such
proposed occupancy.
2.01.720
The application for a zoning permit pursuant to Sections 595-9.01.400 and 595-9.01.500 of these regulations and an aquifer impact review shall be filed with the Zoning Enforcement Officer for purposes of determining zoning compliance, aquifer impact assessment and review of the standards set forth beginning at Section 595-2.01.900, herein.
2.01.810
The granting of a special
exception by the Planning and Zoning Commission will be subject to
the Planning and Zoning Commission's finding that a proposed
activity will not have a significant environmental impact on the Pootatuck
Aquifer (FONSI). This finding will be determined following an evaluation
of the proposed activity and its impact on the groundwater resources.
Should the Planning and Zoning Commission find that the proposed use
has the potential to cause substantial adverse impact on the groundwater
resources or the application does not meet the standards set forth
in these regulations, the application shall be disapproved.
2.01.820
Applicant's aquifer impact
assessment to the Newtown Inland Wetlands Commission who will act
as its designated agent. The Inland Wetlands Commission will evaluate
the proposed activity and the impact on the groundwater resources.
Any applicant may request an evaluation of its aquifer impact assessment
from the Inland Wetlands Commission prior to filing an application
with the Planning and Zoning Commission for a special exception approval.
2.01.830
The Inland Wetlands Commission will evaluate the applicant's written aquifer impact assessment that addresses the proposed activity and the impact it may or may not have on the Pootatuck Aquifer. The aquifer impact assessment requirements and standards set forth beginning at Section 595-2.01.900 shall be the basis for determining the impacts of a proposed activity.
2.01.840
The Inland Wetlands Commission
shall render a recommendation to the Planning and Zoning Commission
within 35 days of its receipt of the referral. Failure by the Inland
Wetlands Commission to respond in writing within 35 days shall be
taken as no comment on the proposal. Any applicant may request an
aquifer impact assessment from the Inland Wetlands Commission prior
to applying for a special exception approval.
2.01.850
If the Inland Wetlands Commission
finds that a proposed activity would not have a significant aquifer
impact, it shall recommend that a finding of no significant impact
(FONSI) be rendered by the Planning and Zoning Commission.
2.01.860
If the Inland Wetlands Commission
finds that the proposed activity will have a substantial adverse impact
on the aquifer, it shall include information in reasonable detail
to support its findings and will issue a recommendation against the
FONSI.
2.01.870
If the Inland Wetlands Commission
finds that the proposed activity will have a substantial adverse impact
on the aquifer, the Planning and Zoning Commission will be required
to have four positive votes to approve a special exception. Failing
four positive votes, the special exception shall be denied.
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:
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.
(e)
Have no floor drains.
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]
