Aquifer Protection Ordinance

I. AUTHORITY

The Town of Bethlehem hereby adopts this ordinance pursuant to the authority
granted under RSA 674:16 and RSA 674:21 relative to innovative land use
controls.
II. PURPOSE

The purpose of this ordinance is to preserve, maintain, and protect the quality and
quantity of aquifers, aquifer recharge areas and surface waters that are fed by
groundwater located wholly or partially within the town of Bethlehem.
The purpose is to be accomplished by regulating land uses, which could harm
and/or contribute pollutants to designated wells and/or aquifers identified as being
needed for present and/or future public water supply.
III. GROUNDWATER PROTECTION DISTRICT

The Groundwater Protection District is an overlay district which is superimposed

over the existing underlying zoning so as to include all land within the boundaries
of the Stratified Drift Aquifer (s) as shown on the maps in the middle Connecticut
River Basin West-Central New Hampshire, Northeastern Quadrant. This map
will be revised as new data becomes available.
IV. APPLICABILITY

This ordinance applies to all uses in the Groundwater Protection District, except
for those uses specifically exempt under Section XI (Exemptions) of this
Ordinance.
V. PERFORMANCE STANDARDS

The following Performance Standards apply to all uses in the Groundwater

Protection District unless specifically exempt under Section XI:
A. For any use that will render impervious more than 15% 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 the Stormwater Management and Erosion
and Sediment Control Handbook for Urban and Developing Areas in
New Hampshire, Rockingham County Conservation District, August
1992 and Best Management Practices for Urban Stormwater Runoff
NH Department of Environmental Services, January 1996.

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B. Conditional uses, as defined under Section IX shall develop
stormwater management and pollution prevention plans and include
information consistent with Stormwater Management for Industrial
Activities: Developing Pollution Prevention Plans and Best
Management Practices. (US EPA, 1992) The plan shall demonstrate
that the use will:

1. Minimize, through a source control plan that identifies

pollution prevention measures, the release of regulated
substances into stormwater;
2. Demonstrate that recharge to groundwater will not result in
violation of Ambient Groundwater Quality Standards (ENV-
Ws 410.05) at the property boundary;
3. Stipulate that expansion or redevelopment activities shall
require an amended stormwater plan and may not infiltrate
stormwater through areas containing contaminated soils
without completing a Phase I Assessment in conformance
with ASTM E 1527-05, also referred to as All Appropriate
Inquiry (AAI).
C. 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 2005, and any subsequent revisions;
D. All regulated substances stored in containers with a capacity of 7
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;
E. Facilities where regulated substances are stored must be secured
against unauthorized entry by means of a door and/or gate that is
locked when authorized personnel are not present and must be
inspected weekly by the facility owner;
F. Outdoor storage areas for regulated substances, associated material or
waste must be protected from exposure to precipitation and must be
located at least 50 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;
G. Secondary containment must be provided for outdoor storage of
regulated substances if an aggregate of 275 gallons or more of
regulated substances are stored outdoors on any particular property;
H. 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;
I. Prior to any land disturbing activities, all inactive wells on the
property, not in use or properly maintained at the time the plan is
submitted, shall be considered abandoned and must be sealed in

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 accordance with We 604 of the New Hampshire Water Well Board
Rules.
VI. SPILL PREVENTION, CONTROL AND COUNTERMEASURE (SPCC)
PLAN

Applicants for a conditional use permit as described under Section IX, part (A), (users
of regulated substances) shall submit a spill control and countermeasure (SPCC) plan
to the Fire Chief who shall determine whether the plan will prevent, contain, and
minimize releases from ordinary or catastrophic events such as spills, floods or fires
that may cause large releases of regulated substances. It shall include:
1. A description of the physical layout and a facility diagram,
including all surrounding surface waters and wellhead
protection areas.
2. Contact list and phone numbers for the facility response
coordinator, cleanup contractors, and all appropriate federal,
state, and local agencies who must be contacted in case of a
release to the environment.
3. A list of all regulated substances in use and locations of use
and storage;
4. A prediction of the direction, rate of flow, and total quantity
of regulated substance that could be released where
experience indicates a potential for equipment failure.
5. A description of containment and/or diversionary structures
or equipment to prevent regulated substances from
infiltrating into the ground.

VII. PERMITTED USES

All uses permitted by right or allowed by Special Exception in the underlying

district are permitted in the Groundwater Protection District unless they are
Prohibited Uses (Section XIII herein) or Conditional Uses (Section IX herein).
All uses must comply with the Performance Standards unless specifically exempt
under Section XI.
VIII. PROHIBITED USES

The following uses are prohibited in the Groundwater Protection District.

A. The development or operation of a hazardous waste disposal facility as
defined under RSA 147-A
B. The development or operation of a solid waste landfill
C. The outdoor storage of road salt or other deicing chemicals in bulk
D. The development or operation of a junkyard
E. The development or operation of a snow dump
F. The development or operation of a wastewater or septage lagoon
G. The development or operation of a petroleum bulk plant or terminal
H. The development or operation of gasoline stations.

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 IX. CONDITIONAL USES

A. The following uses are permitted only by Conditional Use Permit issued by the
Planning Board, so long as such use is otherwise permitted within the underlying
district and is not a prohibited use under Section XIII herein;

1. Storage, handling, and use of regulated substances in quantities exceeding

100 gallons or 800 pounds dry weight at any one time, provided that an
adequate spill prevention, control and countermeasure (SPCC) plan, in
accordance with Section VI, is approved by the local Fire Chief.
2. Any use that will render impervious more than 15% or 2,500 square feet
of any lot, whichever is greater.

B. In granting such Conditional Use Permit, the Planning Board must determine that
the proposed use will be in compliance with the Performance Standards set forth in
Section V 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.

C. The Planning Board may suspend or revoke any Conditional Use Permit issued
hereunder if it determines, after notice and hearing, that it was issued in error or upon
false information, or that the applicant has failed to comply with any conditions of
approval, and upon such suspension or revocation all activities approved by said
Permit shall cease until such Permit is reinstated or a new permit issued.

X. 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 Env-Ws 421, Best Management Practices Rules.

XI. 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:
A. Any private residence is exempt from all Performance Standards
B. Any business or facility where regulated substances are not stored in
containers with a capacity of 7 gallons or more is exempt from Section
V Performance Standards, Sections E through H

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 C. Storage of heating fuels for on-site use or fuels for emergency electric
generation, provided that storage tanks are indoors on a concrete floor
or have corrosion control, leak detection, and secondary containment
in place, is exempt from Performance Standard E
D. 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 E through H
E. Storage and use of office supplies is exempt from Performance
Standard E through H
F. Temporary storage of construction materials on a site where they are
to be used is exempt from Performance Standards E through H
G. The sale, transportation, and use of pesticides as defined in RSA
430:29 XXVI are exempt from all provisions of this ordinance
H. 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 E through H
I. Underground storage tank systems and above ground storage tank
systems that are in compliance with applicable state rules are exempt
from inspections under Section XIII this ordinance.

XII. RELATIONSHIP BETWEEN STATE AND LOCAL REQUIRMENTS

Where both the State and the municipality have existing requirements the
more stringent shall govern
XIII. MAINTENANCE AND INSPECTION

A. For uses requiring Planning Board approval for any reason, a narrative
description of maintenance requirements for structures required to
comply with Performance Standards shall be recorded so as to run
with the land on which such structures are located, at the Registry of
Deeds for Grafton County. The description so prepared shall comply
with the requirements of RSA 478:4-a.
B. Inspections may be required to verify compliance with Performance
Standards. The Code Enforcement Officer shall perform such
inspections at reasonable times with prior written notice to the
landowner, unless emergency circumstances exist such that prior
notice cannot be reasonably given.
C. All properties within the Groundwater Protection District known to the
Code Enforcement Officer as using or storing regulated substances in
containers with a capacity of 7 gallons or more, except for facilities
where all regulated substances storage is exempt from this Ordinance
under Section XI, shall be subject to inspections under this Section.
D. The Bethlehem 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 pursuant to
the procedures set forth in RSA 41-9:a.

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XIV. EFFECTIVE DATE

This ordinance shall be effective upon adoption by the legislative body.