[Added 11-16-1992 STM, Art. 5 (Amdt. No. 90)]
The purpose of this Groundwater Protection District
is to:
A.
Promote the health, safety and general welfare of
this community by ensuring an adequate quality and quantity of drinking
water for the residents, institutions and businesses of the Town of
Georgetown.
B.
Preserve and protect existing and potential sources
of drinking water supplies.
C.
Conserve the natural resources of the Town.
D.
Prevent temporary and permanent contamination of the
environment.
The Groundwater Protection District is an overlay
district superimposed on the zoning districts. This overlay district
shall apply to all new construction, reconstruction or expansion of
existing buildings and new or expanded uses. Applicable activities
or uses which fall within the Groundwater Protection District must
comply with the requirements of this district as well as with the
underlying zoning. Uses that are prohibited in the underlying zoning
districts shall not be permitted in the Groundwater Protection District.
For the purposes of this Article, the following
words and phrases shall have the following meanings:
A geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
The zoning district defined to overlay other zoning districts
in the Town of Georgetown. The "Groundwater Protection District" may
include specifically designated recharge areas.
Material or structure on, above or below the ground that
does not allow precipitation or surface water to penetrate directly
into the soil.
The removal or relocation of geologic materials such as topsoil,
sand, gravel, metallic ores or bedrock.
Areas that collect precipitation of surface water and carry
it to aquifers. Recharged areas may include areas designated as Zone
I, Zone II or Zone III.
Any substance or mixture of physical, chemical or infectious
characteristic, 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 of the Town of Georgetown.
"Toxic or hazardous materials" include, without limitation, synthetic
organic chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids and alkalis and all substances defined as
toxic or hazardous under MGL C. 21C and 21E and 310 CMR 30.00, and
also include such products as solvents and thinners in quantities
greater than normal household use.
[Amended 11-14-2016 STM, Art. 7 (Amdt. No. 185)]
For the purposes of this district, there are hereby established
within the Town certain groundwater protection areas, consisting of
aquifers or recharge areas which are delineated on a map, entitled,
"Groundwater Protection Districts" dated June 2016, drawn at a scale
of one inch to 1,000 feet. This map is hereby made a part of this
chapter and is on file in the offices of the Town Clerk and the Planning
Board.
A.
If the location of the district boundary in relation
to a particular parcel is in doubt, resolution of boundary disputes
shall be through a special permit application to the special permit
granting authority (SPGA). Any application for a special permit for
this purpose shall be accompanied by adequate documentation.
B.
The burden of proof shall be upon the owner(s) of
the land in question to show where the bounds should properly be located.
At the request of the owner(s), the Town may engage a professional
engineer (civil or sanitary), hydrologist, geologist or soil scientist
to determine more accurately the boundaries of the district with respect
to individual parcels of land, and may charge the owner(s) for all
or part of the cost of the investigation.
In the Groundwater Protection District the following
use regulations shall apply:
A.
Permitted uses. The following uses are permitted within
the Groundwater Protection District, provided that all necessary permits,
orders or approvals required by local, state or federal law are also
obtained:
(1)
Conservation of soil, water, plants and wildlife.
(2)
Outdoor recreation, nature study, boating, fishing
and hunting where otherwise legally permitted.
(3)
Foot, bicycle and/or horse paths and bridges.
(4)
Normal operation and maintenance of existing water
bodies and dams, splash boards and other water control supply and
conservation devices.
(8)
Construction, maintenance, repair and enlargement
of drinking water supply related facilities, such as but not limited
to wells, pipelines, aqueducts and tunnels. Underground storage tanks
related to these activities are not categorically permitted.
B.
Prohibited uses. The following uses are prohibited:
(1)
Landfills and open dumps as defined in 310 CMR 19.006.
(2)
Storage of liquid petroleum products, except the following:
(a)
Normal household use, outdoor maintenance and
heating of a structure;
(b)
Waste oil retention facilities required by statute,
rule or regulation;
(c)
Emergency generators required by statute, rule
or regulation;
(d)
Treatment works approved under 314 CMR 5.00 for treatment of groundwater or surface waters; provided that storage, listed in Subsection B(2)(a) through (d) above, is in freestanding containers within buildings or aboveground with secondary containment adequate to contain a spill the size of the container's total storage capacity.
(3)
Landfilling of sludge or septage as defined in 310
CMR 32.05.
(4)
Storage of sludge and septage, unless such storage
is in compliance with 310 CMR 32.30 and 310 CMR 32.31.
(5)
Individual sewage disposal systems that are designed in accordance with 310 CMR 15.00 to receive more than 110 gallons of sewage per quarter acre under one ownership per day or 440 gallons of sewage on any one acre under one ownership per day, whichever is greater, except the replacement or repair of an existing system that will not result in an increase in design capacity above the original design. The required area shall consist of continuous buildable area (CBA) as defined in § 165-7 of this chapter.
[Amended 11-13-1995 STM, Art. 8 (Amdt. No. 97)]
(6)
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.
(7)
Storage of animal manure unless covered or contained.
(8)
Earth removal consisting of the removal of soil, loam,
sand, gravel or any other earth material (including mining activities)
to within six 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.
(9)
Facilities that generate, treat, store or dispose
of hazardous waste subject to MGL C. 21C and 310 CMR 30.00, except
the following:
(10)
Automobile graveyards and junkyards as defined
in MGL C. 14DB, § 1.
(11)
Treatment works that are subject to 314 CMR
5.00, including privately owned sewage treatment facilities, except
the following:
(a)
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 works.
(b)
The replacement of existing subsurface sewage
disposal system(s) with wastewater treatment works that will not result
in a design capacity greater than the design capacity of the existing
system(s).
(c)
Treatment works approved by the Massachusetts
Department of Environmental Protection designed for the treatment
of contaminated groundwater.
(12)
Storage of liquid hazardous materials, as defined
in MGL C. 21E, unless in a freestanding container within a building
or aboveground with secondary containment adequate to contain a spill
the size of the container's total storage capacity.
(13)
Industrial and commercial uses which discharge
process wastewater on site.
(14)
Stockpiling and disposal of snow and ice containing
deicing chemicals if brought in from outside the district.
(15)
Storage of commercial fertilizers and soil conditioners,
as defined in MGL C. 128, § 64, unless such storage is within
a structure designated to prevent the generation and escape of contaminated
runoff or leachate.
(16)
The use of septic system cleaners which contain
toxic or hazardous chemicals.
C.
Uses and activities requiring a special permit. The
following uses and activities are permitted only upon the issuance
of a special permit by the special permit granting authority (SPGA)
under such conditions as they may require:
(1)
Enlargement or alteration of existing uses that do
not conform to the Groundwater Protection District.
(2)
The application of pesticides, including herbicide,
insecticides, fungicides and rodenticides, for nondomestic or nonagricultural
uses in accordance with state and federal standards. The special permit
shall be granted if such standards are met. If applicable, the applicant
should provide documentation of compliance with a Yearly Operating
Plan (YOP) for vegetation management operations under 333 CMR 11.00
or a Department of Food and Agriculture approved Pesticide Management
Plan or Integrated Pest Management (IPM) program under 333 CMR 12.00.
(3)
Application of fertilizers for nondomestic or nonagricultural
uses. Such applications shall be made in a manner so as to minimize
adverse impacts on groundwater due to nutrient transport, deposition
and sedimentation.
(4)
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning (except as prohibited under Subsection B). Such activities shall require a special permit to prevent contamination of groundwater.
(5)
The construction of dams or other water control devices,
ponds, pools or other changes in water bodies or watercourses, created
for swimming, fishing or other recreational uses, agricultural uses
or drainage improvements. Such activities shall not adversely affect
water quality or quantity.
(6)
Any use that will render impervious more than 15%
or 2,500 square feet of any lot, whichever is greater. A system for
groundwater recharge must be provided which does not degrade groundwater
quality. For nonresidential uses, recharge shall be by stormwater
infiltration basins or similar system covered with natural vegetation,
and dry wells shall be used only where other methods are infeasible.
For all nonresidential uses, all such basins and wells shall be preceded
by oil, grease and sediment traps to facilitate removal of contamination.
Any and all recharge areas shall be permanently maintained in full
working order by the owner.
A.
The special permit granting authority (SPGA) under
this articleshall be the Planning Board. Such special permit shall
be granted if the SPGA determines, in conjunction with the Board of
Health, the Conservation Commission, Town Water Commissioners and
Planning Board, that the intent of this Article, as well as its specific
criteria, are met. The SPGA shall not grant a special permit under
this articleunless the petitioner's application materials include,
in the SPGA' s opinion, sufficiently detailed, definite and credible
information to support positive findings in relation to the standards
given in this Article. The SPGA shall document the basis for any departures
from the recommendations of the other Town boards or agencies in its
decision.
B.
Upon receipt of the special permit application, the
SPGA shall transmit one copy to the Planning Board, Board of Health,
the Conservation Commission and Water Commissioners for their written
recommendations. Failure to respond in writing within 35 days of receipt
by the Board shall indicate approval or no desire to comment by said
agency. The necessary number of copies of the application shall be
furnished by the applicant.
C.
The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in § 165-44 and any regulations or guidelines adopted by the SPGA. The proposed use must:
(1)
In no way, during construction or thereafter, adversely
affect the existing or potential quality or quantity of water that
is available in the Groundwater Protection District.
(2)
Be designed to avoid substantial disturbance of the
soils, topographic drainage, vegetation and other water-related natural
characteristics of the site to be developed.
D.
The SPGA may adopt regulations to govern design features
of projects. Such regulations shall be consistent with subdivision
regulations adopted by the municipality.
E.
The applicant shall file six copies of a site plan
and attachments. The site plan shall be drawn at a proper scale as
determined by the SPGA and be stamped by a professional engineer.
All additional submittals shall be prepared by qualified professionals.
The site plan and its attachments shall at a minimum include the following
information where pertinent:
(1)
A complete list of chemicals, pesticides, herbicides,
fertilizers, fuels and other potentially hazardous materials to be
used or stored on the premises in quantities greater than those associated
with normal household use.
(2)
For those activities using or storing such hazardous
materials, a hazardous materials management plan shall be prepared
and filed with the Hazardous Materials Coordinator, Fire Chief and
Board of Health. The plan shall include:
(a)
Provisions to protect against the discharge
of hazardous materials or wastes to the environment due to spillage,
accidental damage, corrosion, leakage or vandalism, including spill
containment and cleanup procedures.
(b)
Provisions for indoor, secured storage of hazardous
materials and wastes with impervious floor surfaces.
(c)
Evidence of compliance with the regulations
of the Massachusetts Hazardous Waste Management Act 310 CMR 30.00,
including obtaining an EPA identification number from the Massachusetts
Department of Environmental Protection.
(3)
Proposed down-gradient locations(s) for groundwater
monitoring well(s), should the SPGA deem the activity a potential
groundwater threat.
F.
The SPGA shall hold a hearing, in conformity with
the provision of MGL C. 40A, § 9, within 65 days after the
filing of the application and after the review by the Town boards,
departments and commissions. Notice of public hearing shall be given
by the SPGA by publication and posting in accordance with G.L. c.
40A, § 11. The applicant shall give notice of such hearing
by certified mail to all "parties of interest" as defined in G.L.
c. 40A, Section 11. The applicant shall present to the Planning Board
or it agent receipts of such certification and a certified abutters
list prepared by the Board of Assessors pursuant to G. L. c.40A, §§ 9
and l l. The decision of the SPGA and any extension, modification
or renewal thereof shall be filed with the SPGA and Town Clerk within
90 days following the closing of the public hearing. Failure of the
SPGA to act within 90 days shall be deemed as granting of the permit.
However, no work shall commence until a certification is recorded
as required by MGL C. 40A, § 11.
[Amended 5-1-2006 ATM, Art. 33 (Amdt. No. 157)]
G.
Written notice of any violations of this articleshall
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. A copy of such notice shall be submitted
by the Building Inspector to the Board of Health, Conservation Commission
and Town Water Department. The cost of containment, cleanup or other
action of compliance shall be borne by the owner and operator of the
premises. For situations that require remedial action to prevent adverse
impact to the water resources within the Groundwater Protection District,
the Town of Georgetown, the Building Inspector, the Board of Health
or any of their agents may order the owner or operator of the premises
to remedy the violation. If said owner and/or operator does not comply
with said order, the Town of Georgetown, the Building Inspector, the
Board of Health or any of their agents, if authorized to enter upon
such premises under the terms of the special permit or otherwise,
may act to remedy the violation. The remediation cost shall be the
responsibility of the owner and operator of the premises.
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.
