ZONING BY-LAWS
Devens Regional Enterprise Zone

November 18, 1994

The Joint Boards of Selectmen:
    Town of Ayer
    Town of Harvard
    Town of Lancaster
    Town of Shirley
The Massachusetts Government Land Bank

XI. WATER RESOURCES PROTECTION REQUIREMENTS

  1. Objectives

    The objectives of the Water Resources Protection Overlay District (the "WRP") are:

    1. to promote the health, safety, and general welfare of the community by ensuring an appropriate level of protection for all water resources within Devens in recognition of the importance of this resource to the region;

    2. to preserve the high quality of surface and ground water in the aquifer underlying the Devens area (the "Aquifer") in order to ensure its future use;

    3. to conserve natural resources wherever possible;

    4. to promote statewide goals for surface water quality in the Nashua River Basin; and

    5. to prevent the temporary or permanent contamination of soils, surface water, and ground water on Devens;

      while allowing economic development in an environmentally responsible manner.

      Consistent with these objectives, the WRP provides requirements which will afford the protection of water resources within Devens, as recommended by the Water Resources Protection Plan.

  2. General Guidelines

    1. The WRP is an overlay district superimposed on all zoning districts. The WRP 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 WRP must comply with the requirements of this district, as well as underlying zoning. Uses that are prohibited in the underlying zoning districts shall not be permitted in the WRP.

    2. Devens is hereby divided into four (4) water resource protection districts ("WRP Districts"), over which differing levels of water resource protection shall be applied. The WRP Districts shall be delineated as overlays on the Zoning Map. The best available information has been used to establish the interim delineation of the four (4) districts. As more definitive information is obtained indicating that the boundaries of any of the districts should be modified, the Commission shall, from time to time and after public hearing, alter those boundaries to reflect the more definitive information. The four WRP Districts are comprised of the following areas:

        a. Zone I Zone I areas, as defined by 310 CMR 22.02.

        b. Zone II Zone II areas, as defined by 310 CMR 22.02.

        c. Aquifer District Aquifer Districts are areas over the Aquifer which are outside of Zones I and II.

        d. Watershed District Watershed Districts are the remaining areas of Devens outside the Aquifer District, Zone I, and Zone II.

    3. The Commission shall further establish in the Regulations detailed protective measures for the WRP Districts, which shall be consistent with the general guidelines provided in this Article.

    4. The Commission shall establish varying levels of protection for each WRP District based on its level of sensitivity, with the highest levels of control established for Zone I and Zone II and lesser levels of control in the Aquifer District and Watershed Districts.

    5. Each Level Two development proposal shall include all the information required under the WRP. Level One development proposals and other land use activities at Devens not requiring the submission of a development proposal application shall also meet the applicable requirements of this Article.

    6. All proposed land uses and activities at Devens shall be consistent with the WRP and all applicable federal, state, and local regulations applying to water resource protection.

  3. Rail, Industrial, Trade-Related Zoning District

    The Rail, Industrial, Trade-Related zoning district (the "District") is delineated on the Zoning Map. Given the rail and truck-related activity designated for the District, which overlies a portion of the Aquifer and the northern portion of which is adjacent to Plow Shop Pond and Grove Pond, for all proposed development within this District additional controls and design measures will be required to assure the protection of existing water resources within the District. These control and design measures will allow the operation of rail/industrial and trade-related businesses in the Aquifer district and in certain Zone II areas, while providing protection to water resources within the District. Furthermore, the Commission shall include in the Regulations the following controls and design measures to assure the protection of existing water resources within the District:

    1. a predesigned common system for stormwater treatment, management, maintenance, and control to be phased-in in advance of sites as they are developed;

    2. prohibition of on-site disposal of hazardous wastes;

    3. provide for the detention and recharge for pavement and roof runoff;

    4. peak rates of runoff to be held at or below current rates; and

    5. a stormwater system designed to intercept and isolate potential spills and provide for timely clean-up.

      All uses in the District shall comply with the requirements of the WRP contained herein, with the exception that generators of hazardous waste beyond the level of Very Small Quantity Generators, as defined in 310 CMR 30.353, shall be allowed throughout the District.

  4. General Design/Planning Provisions

    1. Best management Practices ("BMPs")

      The Regulations shall contain BMPs for the construction and operation of all buildings and facilities within the various zoning districts established in Devens that will involve activities regulated under the WRP. The BMPs shall include, but not be limited to, the following:

        a. a standard Devens Spill Prevention Control and Countermeasure Plan (DSPCC) will be prepared by the Commission to facilitate implementation by users;

        b. a prototype Integrated Pest Management Program (IPMP) will be prepared by the Commission to facilitate implementation by users who apply herbicides or pesticides to land areas greater than one (1) acre;

        c. the establishment, where applicable, of ambient water quality conditions through groundwater monitoring;

        d. public education programs for business and industries to promote practices which will protect water resources;

        e. the periodic collection of household hazardous waste;

        f. safeguards for loading areas for both rail and new facilities to ensure the safe transfer of goods and commodities; and

        g. motorized off-road recreational vehicles will be prohibited in all conservation areas identified in the open Space Plan, as said Plan is defined in the Reuse Plan.

    2. Construction Requirements

      The Regulations shall contain specific requirements for construction projects undertaken pursuant to Level One and Level Two Development Permits, where applicable to activities being undertaken under those Permits. The requirements shall include the following:

        a. submission of a site-specific erosion and sedimentation control plan and stormwater pollution prevention plan;

        b. designation of certain areas for machinery maintenance and refueling;

        c. designation of areas for construction debris containment and temporary storage; and

        d. construction planning to use pre-existing disturbed sites and minimize new site clearing and disturbance.

    3. Water Conservation Measures

      The Regulations shall contain measures designed to encourage water conservation within Devens, which shall include, but not be limited to, the following:

        a. increase efficiency of all users through the promotion of water conservation measures for business and residential users;

        b. provide public education on water conservation; and

        c. require water conserving plumbing fixtures consistent with the Massachusetts plumbing code.

    4. Stormwater Management

      The Commission shall establish thresholds and standards in the Regulations, on a site-wide basis, for the following:

        a. prohibition of new stormwater outfalls to discharge directly into resource areas ("Resource Areas") regulated by the Wetlands Protection Act, G.L. 121 sections 40 and 40 A;

        b. removal of suspended solids prior to discharging into Resource Areas;

        c. limits on oil and grease discharge into Resource Areas;

        d. limits on site-wide post-development total runoff volume increase; and

        e. determination of the standard storm event upon which water quality and peak rates of runoff are evaluated.

      The Regulations shall contain stormwater control measures, differentiated on a WRP District by District basis. Within the WRP Districts, the following stormwater controls will be designed and implemented on a site specific basis, based on standard engineering practices, best professional judgment, and site specific design constraints. The stormwater control measures shall include, but not be limited to, the following:

        a. Watershed Districts

        Each Level Two development shall employ stormwater control measures to reduce peak rates of runoff to predevelopment conditions and to maintain or improve water quality. The stormwater control measures shall include:

          (i) catch basins with traps and sumps;

          (ii) oil/water separators;

          (iii) flood controls/runoff controls;

          (iv) ground water recharge facilities, including vegetated swales;

          (v) source reduction of sand and other debris on roads and in parking lots;

          (vi) a plan for the ongoing maintenance of stormwater control facilities, including periodic inspection for compliance by qualified personnel at all facilities; and

          (vii) plans and calculations shall be provided with development proposals.

        b. Aquifer District

        All Watershed District provisions apply in addition to, or as modified by, the following provisions, for each Level Two development:

          (i) stormwater controls shall provide for the removal of suspended solids and the interception of spills.

          (ii) stormwater recharge must be provided to maintain or exceed current levels of recharge.

          (iii) runoff shall be directed away from sensitive surface water areas.

          (iv) development proposals for previously developed sites must demonstrate that water quality is being maintained or improved.

        c. Zone II

        All Watershed District and Aquifer District provisions apply in addition to, or as modified by, the following provisions, for each Level Two development:

          (i) filtration shall be provided for groundwater recharge areas.

          (ii) development plans shall include where appropriate stormwater recharge areas to reduce or maintain total volume of runoff.

    5. Storage and Application of Deicing Materials

      While recognizing that the use of deicing agents is necessary during winter months, the Commission shall establish specific measures in the Regulations to reduce the adverse effects of such deicing agents, differentiated on a WRP District by District basis. These measures shall include the following:

        a. Watershed Districts

          (i) piles of sodium chloride (road salt) chemically treated abrasives and other chemicals used for the removal of ice and snow (collectively referred to as "deicing materials") on roads should be stored under cover on flat, impervious surfaces protected from runoff. Drainage controls should be in place to direct runoff away from deicing materials storage areas.

          (ii) deicing materials shall be kept dry through proper storage.

          (iii) outfit deicing material spreading equipment with calibrated deicing material delivery systems for optimal control of the deicing material application rate and calibrations shall be periodically checked to assure they are working properly.

          (iv) reduced salt application rates shall be encouraged.

          (v) the direct application of one hundred (100) percent road salt to parking areas shall be prohibited.

        b. Aquifer District

        All watershed District provisions shall apply in addition to, or as modified by, the following provisions:

          (i) the use of deicing materials for roadways is not to exceed the low-salt application rate of one hundred fifty (150) pounds/lane mile.

          (ii) the use of alternative deicing materials for parking areas shall be encouraged.

          (iii) the direct application of one hundred (100) percent road salt to roads shall be prohibited.

          (iv) the stockpiling and/or disposal of snow or ice containing deicing materials from outside the Aquifer District shall be prohibited.

        c. Zone II

        All watershed District and Aquifer District provisions apply. In addition, the stockpiling and/or disposal of snow or ice containing deicing materials from outside of Zone II's shall be prohibited.

  5. Operational Activities

    1. Transportation of Hazardous Materials and Waste

      The transportation of hazardous materials and waste (as defined below) within Devens shall be in accordance with 49 U.S.C. c. 27 section 1801, G.L. c. 21 C, and 310 CMR 30.400. The following provisions shall be implemented in the Regulations:

        a. Watershed Districts

          (i) specific roadways within Devens will be designated as primary access for use by carriers to deliver or remove hazardous material or waste. These roadways shall include MacArthur, Sherman, Jackson, Patton, and Barnum Roads.

          (ii) all roadways listed in subsection (i) will be clearly marked and designated to facilitate safe transport of hazardous materials and waste.

        b. Aquifer District

      All Watershed District provisions shall apply, in addition to, or as modified by, the following: as all designated primary routes are reconstructed, catch basins equipped to intercept floating product shall be installed and maintained.

      c. Zone II

      All Watershed and Aquifer District provisions apply. In addition, as all designated primary routes are reconstructed, spill interception and containment methods will be installed.

    2. Hazardous Waste and Materials

      The Regulations shall contain measures for the control of hazardous waste and materials, as said terms are defined by 42 U.S.C. sections 690l-6922i, G.L. c. 21 C, G.L. c. 21 E, and 310 CMR 40.00 ("Hazardous Waste and Materials"). The following provisions shall be implemented on a WRP District by District basis. These measures shall include the following:

        a. Watershed Districts

          (i) Applicable state and federal laws and regulations shall apply.

          (ii) All hazardous wastes generated within Devens must be disposed of or recycled at a licensed hazardous waste disposal facility.

          (iii) A registration and inspection program for Hazardous Waste and Materials shall be established.

        b. Aquifer District

        All Watershed District provisions apply in addition to, or as modified by, the following provisions for each development:

          (i) Development Permits shall establish specific requirements for the storage of Hazardous Waste and Materials which shall remain in force as long as the use exists.

          (ii) Additional requirements for the storage of Hazardous Waste and Materials may be established on an individual development basis.

          (iii) Developments storing Hazardous Materials or generating Hazardous Waste beyond a specified amount as stated in the Regulations will be required to provide an addendum to the standard DSPCC which shall specify all the Hazardous Materials being stored at the development site by name, the intended use of the Hazardous Materials, and the storage area in which all such Materials are being stored.

          (iv) Outdoor aboveground storage areas shall be covered wherever possible, and shall have a secondary containment system which includes an impermeable layer and a berm or dike to hold any spills or leaks, with capacity to hold one hundred ten (110) percent of the maximum volume stored.

          (v) Storage and use of Hazardous Waste and Materials shall only be allowed as an accessory use.

        c. Zone II

        All Watershed District and Aquifer District provisions apply. In addition, any development requiring an addenda to the DSPCC shall provide on-site materials and equipment for spill response in accordance with its specific DSPCC.

    3. Storage Tanks

      The Regulations shall contain measures for the storage of fuel, combustible and flammable liquids, as defined by 42 U.S.C. section 6901-6922i, G.L. c. 148, and 527 CMR 9.00, differentiated on a WRP District by District basis. These measures shall include the following:

        a. Watershed Districts

        Applicable state and federal laws and regulations shall apply. In addition, aboveground and underground storage tanks shall be registered, as specified under the Regulations.

        b. Aquifer District

        All Watershed District provisions apply in addition to, or as modified by, the following provisions, for each development:

          (i) All aboveground and underground storage tanks greater than two hundred fifty (250) gallons shall be individually listed in the Development Permit.

          (ii) Developments storing fuel and combustible and flammable liquids beyond a specified amount, as shall be specified in the Regulations, will be required to provide an addendum to the standard DSPCC which shall specify all the types of fuel, combustible or flammable liquids being stored at the development site by name, the intended use of said fuel and flammable liquids, and the storage areas in which all said fuel and flammable liquids are being stored.

          (iii) The use of underground storage tanks shall be discouraged except where standard engineering practices and best professional judgment determine that underground storage tanks present fewer risks than aboveground tanks.

        c. Zone II

        All Watershed District and Aquifer District provisions apply in addition to, or as modified by, the following provisions:

          (i) Aboveground storage tanks shall have an impervious basin with a secondary containment capacity of one hundred ten (110) percent of the total volume.

          (ii) Monitoring wells may be required both upgradient and downgradient for both aboveground and belowground storage tanks.

          (iii) Developments requiring an addendum to the DSPCC, as specified above, shall provide materials and equipment for spill response to be located on-site in accordance with the DSPCC.

    4. Radioactive Materials and Medical/Research Wastes

      The Commission shall require in the Regulations the proper storage, transportation and handling of radioactive materials and medical/research wastes in accordance with 42 U.S.C. sections 2011-2296, G.L. c. 111 H and c. 94 B, and 105 CMR 120.00.

    5. Floor Drains

      The Regulations shall contain measures regulating floor drains in accordance with applicable state (310 CMR 27.00 underground injection control regulation) and federal laws and regulations.

    6. Pesticides and Herbicides

      The Regulations shall contain measures regulating the use of pesticides and herbicides in accordance with G.L. c. 128 section 64, 330 CMR 15.00, and applicable federal laws and regulations. The following measures shall be implemented on a WRP District by District basis:

        a. Watershed Districts

          (i) For all non-residential applications, chemicals stored on-site shall be registered.

          (ii) Spray equipment shall be properly calibrated, maintained and inspected.

          (iii) Indoor storage areas must be properly marked.

          (iv) Buildings used for storage of pesticides and herbicides must have a spill collection system in place.

          (v) Mixing areas for pesticides should be located away from floor drains, such that leaks or spills cannot enter floor drains. All indoor and outdoor mixing areas should be equipped with proper controls to prevent pesticides and herbicides from entering the wastewater or stormwater systems.

        b. Aquifer District

        All watershed District provisions apply. In addition, for each development, storage facilities shall be covered and shall have a secondary containment system, and the use of pesticides and herbicides contained in the state Pesticide Board Groundwater Protection List (GPL) shall be restricted.

        c. Zone II

        All Watershed District and Aquifer District provisions apply. In addition, for each development, an approved Pesticide Management Plan shall be required prior to applying any pesticide or herbicide on the GPL.

    7. Fertilizers

      For projects on sites of one (1) acre or more proposing the use of fertilizers, the amounts and application rates shall be specified by the Commission in the Regulations. Furthermore, the Commission shall request the user to:

        a. use fertilizer alternatives where appropriate;

        b. test soil annually to determine annual fertilizer needs;

        c. use time-release fertilizers;

        d. limit application of any type of fertilizer; and

        e. establish a monitoring program for fertilizer application to sites that are ten (10) acres or greater.


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