6.010 GROUNDWATER PROTECTION DISTRICT (2003)

PURPOSE
In the interest of public health, safety, and general welfare, the purpose of this ordinance is to preserve, maintain, and protect from contamination existing and potential groundwater supply areas. This is to be accomplished by regulating land uses that could contribute pollutants to existing and/or planned public and/or private wells and/or ground water resources identified as being needed for present and/or future public water supply.
DEFINITIONS
Groundwater: subsurface water that occurs beneath the water table in soils and geologic formations. [RSA 485-C, Groundwater Protection Act]
Impervious: (with respect to stormwater infiltration) not readily permitting the infiltration of water.
Impervious surface: (with respect to containment of regulated substances) a surface through which regulated substances cannot pass when spilled. Impervious surfaces include concrete unless unsealed cracks or holes are present. Asphalt, earthen, wooden, or gravel surfaces; or other surfaces which could react with or dissolve when in contact with the substances stored on them are not considered impervious surfaces. [Env-Ws 421.03(c)]
Junkyard: An establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automotive recycling yard, and includes garbage dumps and sanitary fills. Also includes any business and any place of storage or deposit, whether in connection with another business or not, which has stored or deposited two (2) or more unregistered motor vehicles which are no longer intended or in condition for legal use on the public highways, or used parts of motor vehicles or old iron, metal, glass, paper, cordage, or other waste or discarded or second-hand material which has been a part, or intended to be a part, of any motor vehicle, the sum of which parts or material shall be equal in bulk to two (2) or more motor vehicles. Junkyard shall also include any place of business or storage or deposit of motor vehicles purchased or acquired for the purpose of dismantling the vehicles for parts or for use of the metal for scrap. Also, includes any yard or field used as a place of storage in which there is displayed to the public view, junk machinery or scrap metal that occupies an area of 500 square feet. The word does not include any motor vehicle dealers registered with the department of motor vehicles under RSA 261:104 and in compliance with RSA 236:126.
Outdoor storage: storage of materials where they are not protected from the elements by a roof, walls, and a floor with an impervious surface.
Public water system: a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. [RSA 485:1-a, XV]
Regulated substance: petroleum, petroleum products, and substances listed under 40 CFR 302, 7-1-90 edition or as amended, excluding the following substances: (1) ammonia, (2) sodium hypochlorite, (3) sodium hydroxide, (4) acetic acid, (5) sulfuric acid, (6) potassium hydroxide, (7) potassium permanganate, and (8) propane and other liquefied fuels which exist as gases at normal atmospheric temperature and pressure. [1-7 are used in the treatment of water supplies and are not considered to pose a significant risk to groundwater]
Sanitary protective radius: The area around a well which must be maintained in its natural state as required by Env-Ws 378 or 379 (for community water systems) and Env-Ws 372.13 (for other public water systems).
Secondary containment: a structure such as a berm or a dike with an impervious surface that is adequate to hold at least 110 percent of the volume of the largest regulated substance container that will be stored. [Env-Ws 421.03(g)]
Snow dump: a location where snow which is cleared from roadways and/or motor vehicle parking areas is placed for disposal.
Stratified-drift aquifer: A geologic formation of predominantly well-sorted sediment deposited by or in bodies of glacial meltwater including gravel, sand, silt, or clay, which contains sufficient saturated permeable material to yield significant quantities of water to wells. [RSA 485-C:2, XIV]
Surface water: streams, lakes and ponds, including marshes, water courses and other bodies of water, natural or artificial. [RSA 485-A:2 XIV]
Temporary Storage: means storage for less than six months.
Wellhead protection area: The surface and subsurface area surrounding a water well or well-field supplying a community water system, through which contaminants are reasonably likely to move toward and reach such water well or well-field. [RSA 485-C:2, XVIII]
LOCATION
The Groundwater Protection District includes all land areas designated as Level I and/or Level II Protection Areas on the map entitled "Groundwater Protection District - Milford, NH", dated October 24, 2002 or as amended. A copy of the map is located in the offices of the Town of Milford Planning Department.
The Groundwater Protection District is an overlay district which is superimposed over the existing underlying zoning.
APPLICABILITY
This Ordinance applies to all uses in the Groundwater Protection District, except for those uses exempt under 6.013.E of this Ordinance.


6.012 PERFORMANCE STANDARDS The following Performance Standards apply to all uses in the Groundwater Protection District unless exempt under 6.013.E
For any use that will render impervious more than 15 percent or more than 2,500 square feet of any lot, whichever is greater, a stormwater management plan shall be prepared which the planning board determines is consistent with Town of Milford Regulations;
Stormwater management plans prepared pursuant to paragraph A shall demonstrate that stormwater recharged to groundwater will not result in violation of Ambient Groundwater Quality Standards (Env-Wm 1403.05) at the property boundary;
All stormwater discharges to surface waters must be in compliance with EPA Phase II regulations;
Post development stormwater discharges must be no greater than predevelopment stormwater discharges;
Animal manures, fertilizers, and compost must be stored in accordance with Manual of Best Management Practices for Agriculture in New Hampshire, NH Department of Agriculture, Markets, and Food, August 1998, and any subsequent revisions;
All regulated substances stored in containers with a capacity of 5 gallons or more must be stored in product-tight containers on an impervious surface designed and maintained to prevent flow to exposed soils, floor drains, and outside drains;
Facilities where regulated substances are stored must be secured against unauthorized entry by means of (a) door(s) and/or gate(s) which is (are) locked when authorized personnel are not present;
Outdoor storage areas for regulated substances must be protected from exposure to precipitation and must be located at least 100 feet from surface water or storm drains, at least 75 feet from private wells, and outside the sanitary protective radius of wells used by public water systems;
Secondary containment must be provided for outdoor storage of regulated substances if an aggregate of 330 gallons or more of regulated substances are stored outdoors on any particular property;
Containers in which regulated substances are stored must be clearly and visibly labeled and must be kept closed and sealed when material is not being transferred from one container to another.


6.013 USES
PERMITTED USES
All uses permitted by Milford Zoning Ordinance in the underlying district or allowed by special exception in the underlying district are permitted in the Groundwater Protection District unless they are Prohibited Uses, 6.013B or Uses Requiring a Permit, 6.013C. All uses must comply with 6.012 Performance Standards unless specifically exempt under section 6.013E.
PROHIBITED USES
The following uses are prohibited in the Groundwater Protection District Level I Protection Area:
The siting or operation of a hazardous waste disposal facility as defined under RSA 147-A;
The siting or operation of a solid waste landfill;
The outdoor storage of road salt or other deicing chemicals in bulk;
The siting or operation of a junkyard;
The siting or operation of a snow dump;
The siting or operation of a wastewater or septage lagoon;
Storage of liquid petroleum products, except the following:
that product necessary for the private business use occupying the lot, subject to all applicable State and Federal requirements. The aggregate tank capacity on each lot shall not exceed 5,000 gallons. No wholesale or retail sale of petroleum products.
normal household use and heating of a structure;
waste oil retention facilities required by statute, rule, or regulation;
emergency generators required by statute, rule, or regulation;
treatment works approved by NHDES for treatment of ground or surface waters;
Provided that such storage, listed in items a. through e . above, is in free-standing containers within buildings or above ground with secondary containment adequate to contain a spill 110 percent the size of the aggregate capacity of the stored containers.
USES REQUIRING A PERMIT IN LEVEL I AND/OR LEVEL II
The Code Administrator may grant a Permit for a use which is otherwise permitted within the underlying district, if the permitted use is or is involved in the storage, handling and/or use of (a) regulated substances (substance) in quantities exceeding 5 gallons or 40 pounds dry weight at any one time. Prior to issuing a permit, a containment plan shall be provided or in place to prevent, contain, and/or minimize releases from a spill which may cause large releases of regulated substances.
Planning Board approval is required for any use that will render impervious more than 15 percent or 2,500 square feet of any lot, whichever is greater.
Prior to the granting of such approval, the Code Administrator must first determine that the proposed use is not a prohibited use.
The Planning Board shall determine that the use will be in compliance with all the Performance Standards as well as all applicable local, state and federal requirements. The Planning Board may, at its discretion, require a performance guarantee or bond, in an amount and with surety conditions satisfactory to the Board, to be posted to ensure completion of construction of any facilities required for compliance with the Performance Standards.
EXISTING NONCONFORMING USES
Existing nonconforming uses may continue without expanding or changing to another nonconforming use, but must be in compliance with all applicable state and federal requirements, including NH Code of Administrative Rules Env-Ws 421, Best Management Practices.
EXEMPTIONS
The following uses are exempt from the specified provisions of this ordinance as long as they are in compliance with all applicable local, state, and federal requirements:
All private residences are exempt from the provisions of this ordinance provided no portion of the residence is part of a home business that violates the standards or conditions set forth in sections 6.012 and 6.013 of this ordinance;
Any business or facility where regulated substances are not stored in containers with a capacity of 5 gallons or more is exempt from Performance Standards G through J;
Storage of heating fuels for on-site use or fuels for emergency electric generation, provided that storage tanks are indoors on an impervious concrete floor or have corrosion control, leak detection, and secondary containment in place, is exempt from Performance Standard G;
Storage of motor fuel in tanks attached to vehicles and fitted with permanent fuel lines to enable the fuel to be used by that vehicle is exempt from Performance Standards G through J;
Storage and use of office supplies is exempt from Performance Standards G through J;
Temporary storage of construction materials on a site where they are to be used is exempt from Performance Standards G through J;
The sale, transportation, and use of pesticides as defined in RSA 430:29 XXVI. are exempt from all provisions of this ordinance;
Household hazardous waste collection projects regulated under NH Code of Administrative Rules Env-Wm 401.03(b)(1) and 501.01(b) are exempt from Performance Standards G through J.


6.014 ADMINISTRATIVE
RELATIONSHIP BETWEEN STATE AND LOCAL REQUIREMENTS
Where both the State and the municipality have existing requirements the more stringent shall govern.
MAINTENANCE AND INSPECTION
For uses requiring planning board approval for any reason, a narrative description of maintenance requirements for structures required to comply with 6.012 Performance Standards, shall be recorded so as to run with the land on which such structures are located, at the Town of Milford Planning Department. All maintenance required is the responsibility of the owner and as such shall be maintained by the owner. The description so prepared shall comply with the requirements of RSA 478:4-a.
Inspections may be required to verify compliance with 6.012 Performance Standards. Such inspections shall be performed by the Code Administrator at reasonable times with prior notice to the landowner.
All properties within the Groundwater Protection District known to the Code Administrator as using or storing regulated substances in containers with a capacity of 5 gallons or more, except for facilities where all regulated substances storage is exempt from this Ordinance under section 6.013E, shall be subject to inspections under this section.
The Board of Selectmen may require a fee for compliance inspections. The fee shall be paid by the property owner. A fee schedule shall be established by the Board of Selectmen as provided for in RSA 41:9-a.
Underground storage tank systems and above-ground storage tank systems that are in compliance with applicable state rules are exempt from inspections under 6.014.B of this ordinance.
ENFORCEMENT PROCEDURES AND PENALTIES
Any violation of the requirements of this ordinance shall be subject to the enforcement procedures and penalties in RSA 676.
SAVING CLAUSE
If any provision of this ordinance is found to be unenforceable, such provision shall be considered separable and shall not be construed to invalidate the remainder of the ordinance.