[Added May 1985 ATM by Art. 46, approved 7-25-1985; amended May 1989 ATM by Art. 49, approved
7-28-1989; May 1990 STM by Arts. 1 and 2, approved 8-29-1990; May
1990 ATM by Art. 49, approved 9-13-1990; May 1993 ATM by Art. 55,
approved 7-9-1993; 2-2-2004 by Ord. No. 04-041]
The Watershed Protection District is established for the following
purposes:
A.
To preserve and protect the lakes, ponds, streams, brooks, marshes,
swamps, bogs and other water bodies and watercourses in the Town.
B.
To protect, preserve and maintain the water table and water recharge
areas within the Town, so as to preserve present and potential sources
of water supply for the public health and safety.
C.
To protect the community from detrimental use and development of
land and waters within the Watershed Protection District.
D.
To conserve the watershed areas of the Town of Weymouth for the health,
safety, welfare and enjoyment of its people.
A.
Watershed Protection District.
(1)
The Watershed Protection District includes those areas that
fall within the catchment or drainage areas of the Town's public water
supply. The district includes all areas delineated on the Zoning Map.
B.
Where interpretation is needed as to the exact location of the boundaries
of the district, the Building Inspector shall make the necessary interpretation.
C.
The Watershed Protection District is an overlay district and shall
be superimposed on the other districts established by this bylaw.
No use not permitted in the portions of the districts so overlaid
shall be permitted within the district.
The overlay district shall impose the following criteria and/or
requirements for each underlying zoning district:
A.
Residential District R-1. No additional criteria or requirements.
[Amended 4-2-2018 by Ord.
No. 17-127]
B.
Residential R-2 and Highway Transition HT Districts. For permitted residential uses over two dwelling units and all nonresidential uses, a site plan review in accordance with Article XXVA is required.
C.
Highway Transition HT Districts. For permitted residential uses over two dwelling units and all nonresidential uses, a site plan review in accordance with Article XXVA is required.
The following are prohibited in the Watershed Protection District.
Further definitions, in addition to those supplied herewithin, describing
the areas listed below shall be found in the appropriate Massachusetts
General Laws and/or Massachusetts Department of Environmental Protection
regulations.
A.
Solid waste disposal landfills or open dumps, as defined in 310 CMR
19.006.
B.
Surface waste impoundments designed to leach their wastes to the
ground.
C.
Open road salt storage and dumping of salt-contaminated snow.
D.
Discharge to the ground or surface water of sanitary and/or nonsanitary
wastewater, provided that municipal sewage connections are available.
E.
Construction within 25 feet (horizontal) of the high water line of
all surface water bodies.
F.
Storage of liquid petroleum products, liquid propane, and liquid
hazardous materials defined in MGL c. 21E, with the following exceptions:
(1)
Materials stored above ground on an impervious surface in an
area that provides 110% capacity of materials stored;
(2)
Materials incidental to normal household use;
(3)
Materials used for emergency generators;
(4)
Materials incidental to a response action in accordance with
MGL c. 21E and 310 CMR 40.000 and which are exempt from a groundwater
discharge permit pursuant to 314 CMR 5.05.
G.
Facilities that generate, treat, store or dispose of hazardous waste
that are subject to MGL c. 21 and 310 CMR 30.00, except for the following:
(1)
Very small generators as defined by 310 CMR 30.00.
(2)
Household hazardous waste collection centers or events operated
pursuant to 310 CMR 30.390.
(3)
Waste oil retention facilities required by MGL c. 21, § 52A.
(4)
Treatment works approved by DEP designed in accordance with
314 CMR 5.00 for the treatment of contaminated surface or groundwater.
H.
Floor drains in existing or proposed facilities containing or using
hazardous materials or hazardous wastes in process or storage areas
that discharge to the ground or a surface water body.
I.
Storage of covered or uncovered commercial fertilizers, unless containment
is provided.
J.
Storage of covered or uncovered animal manure, unless containment
is provided.
K.
Structures for the stabling, boarding, hitching, standing, feeding
or grazing of livestock or other domestic animals within 100 feet
of a source water supply or tributary.
L.
The stockpiling and disposal of snow or ice removed from streets
where sodium chloride or other chemicals used for snow and ice treatment
have been applied.
B.
Uses that create impervious surfaces shall be designed so that all
runoff is recharged back into the groundwater supply. All artificial
recharging shall be done in a way that will not result in the degradation
of the groundwater quality.
C.
The removal of soil, loam, sand, gravel or any other mineral substances
shall not be within four feet of the historical high groundwater elevation
(as determined from test pits or borings certified by a registered
engineer, monitoring wells and historical water table fluctuation
data compiled by the United States Geological Survey) unless the substances
removed are redeposited within 45 days of removal on site to achieve
a final grading greater than four feet above the historical high water
mark, and except for excavations for the construction of building
foundations or the installation of utility works.
The following uses shall require a site plan review process subject to Article XXVA:
A.
Any use that will render impervious any lot or parcel more than 15%
or 2,500 square feet, whichever is greater. A design 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 contaminants.
Any and all recharge areas shall be permanently maintained in full
working order by the owner.
The following uses shall require a special use permit and are subject to the conditions and requirements of Article XXV of this ordinance:
A.
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, as permitted in the underlying zoning (except as prohibited in § 120-10.4). Such activities shall require a special permit to prevent contamination of the environment.
B.
The construction or expansion of cemeteries and mausoleums.
