Use regulations
The Watershed Protection Overlay Districts shall be considered to be superimposed over any other district established by this ordinance. Land in a Watershed Protection Overlay District shall be subject to the following regulations:
a. Permitted uses.
(1) Uses allowed by right or special use permit, including lawful pre-existing nonconforming uses, in the underlying district, except as otherwise prohibited.
(2) Single-family residential units at a density of no greater than one unit per three acres in the watershed of Stafford Pond and in the primary protection area of the watershed of Nonquit Pond, and at a density of no greater than one unit per 100,000 square feet in the secondary protection area of the watershed of Nonquit Pond. For the purposes of new subdivisions and land developments only, calculating the density in either the primary or secondary protection areas, lot area, for the purposes of this subsection of this ordinance only, shall not include biological or jurisdictional limits of wetlands or slopes in excess of 21 percent. In addition, at least 65 percent of upland minimum lot area shall be contiguous.
(3) Recreation, conservation, agricultural and open space uses.
(4) Water supply facilities and structures.
(5) Stormwater retention areas and systems.
(6) Streets and rights-of-way.
(7) Uses incidental to residential uses.
b. Prohibited uses.
(1) Storage of petroleum or other refined petroleum products, except within buildings which it will heat or for normal household or agricultural use. This includes the parking for a period exceeding two hours in any 24-hour period of vehicles used for the storage and/or delivery of fuel.
(2) The storage or disposal of hazardous wastes, as defined by G.L. 1956, § 24-19.1-1 et seq.
(3) Disposal of solid wastes, other than brush and stumps native to site, except within a state department of environmental management approved solid waste facility.
(4) The disposal of liquid, or leachable wastes, except for approved subsurface waste disposal systems.
(5) Industrial, commercial and service uses which discharge process wastewater on-site, and discharging wastewater containing contaminants other than normal organic waste.
(6) Storage of road salt or deicing chemicals unless stored in a publicly maintained roofed structure with an impervious floor, or used for the deicing of privately maintained roads and stored in a watertight container.
(7) Automotive service and repair shops, junk and salvage yards.
(8) Incinerators and sanitary landfill sites.
c. Special use permits. All uses not specifically permitted or prohibited shall be by special use permit only. Prior to an application for a special use permit, the zoning board of review shall require the applicant to submit an environmental review statement (ERS) approved by the planning board under the provisions of section 4 and section 5 of this article. The approval of the ERS and conditions set by the planning board shall become a part of the application for the special use permit, and be made a part of the final record of the zoning board of review.
d. Limitations. All development and activities in a Watershed Protection Overlay District are subject to the following limitations and conditions:
(1) No development may occur within 200 feet of Stafford or Nonquit Ponds and their direct tributaries, unless a use variance is granted under the provisions of article XVII. Unless specifically exempted in writing, natural vegetation shall not be disturbed within this buffer area. Efforts to improve existing buffer areas are encouraged.
(2) The use of septic system cleaners and/or acids is prohibited.
(3) The rendering impervious of more than ten percent of any lot, or its allocated common area, is prohibited. For those developments that have no legally defined lot lines, impervious area shall be computed based on the fractional area of each owner.
(4) The use of chemicals for deicing, excluding road salt, shall be prohibited unless deemed necessary for public safety; the use, amount and mixtures of same shall be reported on a monthly basis and made a public record.
(5) Dumping of snow brought in from outside the watershed shall be prohibited.
(6) Agricultural practices, including the use and storage of pesticides, fertilizers and other agricultural inputs and byproducts, shall be protective of surface and groundwaters, and consistent with the recommendations of the division of agriculture of the state department of environmental management and/or the U.S. Department of Agriculture, federal and state statutes and regulations, and the viability of the farming operation.
e. On-site sewage disposal system (OSDS) upgrades.
(1) To further the purposes of this article, and because of the soil constraints within the watersheds, all new septic systems and septic system repairs, alterations and upgrades occurring within the watershed overlay districts shall conform to standards acceptable to state and local regulating authorities for on-site sewage disposal systems.
(2) All persons seeking to upgrade their septic systems within a watershed overlay district shall notify the building official in writing, concurrent with the application to the department of environmental management for OSDS upgrade or emergency repair.
(3) The building official shall review all proposed building additions and alterations, with the exception of decks, to determine the need for an OSDS upgrade under the department of environmental management standards.
(4) By the year 2005, all OSDS within the watershed overlay district of Stafford Pond shall be improved to the prevailing state and local standards for on-site sewage disposal systems.
f. Rural residential developments. New residential subdivisions developed within the watershed overlay districts shall be designed as rural residential developments in accordance with the provisions of article IX.
(Ord. of 6-4-01(6); Ord. of 10-9-12)