By Alex Malm
During the April 13 Planning Board meeting, the Board held a public hearing for a proposed zoning ordinance amendment that would add a Groundwater Protection District.
“The purpose of this ordinance is, in the interest of public health, safety and general welfare, to preserve, maintain and protect from contamination existing and potential groundwater supply areas and to protect surface waters that are fed by groundwater,” the proposed ordinance reads.
The proposed ordinance lays out what the prohibited uses are in the Groundwater Protection District:
A. The development or operation of a solid waste landfill;
B. The outdoor storage of road salt or other deicing chemicals in bulk;
C. The development or operation of a junkyard;
D. The development or operation of a snow dump;
E. The development or operation of a wastewater or septage lagoon;
F. The development or operation of a petroleum bulk plant or terminal;
G. The development or operation of gasoline stations.
The proposed zoning ordinance amendment also explains what the regulations are for existing non-conforming uses.
“Existing non-conforming uses may continue without expanding or changing to another non- conforming use, but must be in compliance with all applicable state and federal requirements,” the proposed orindnance reads.
Some uses are exempt from the provisions of the proposed ordinance as long as they are in compliance with all applicable local, state, and federal requirements. They include:
A. Any parcel located within the Airport District is exempt from this Groundwater Protection Ordinance;
B. Any private residence is exempt from all Performance Standards;
C. Any business or facility where regulated substances are stored in containers with a capacity of less than five gallons is exempt from Section 4.6.8.11, Performance Standards, sections E through H;
D. 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;
E. 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;
F. Storage and use of office supplies is exempt from Performance Standards E through H;
G. Temporary storage of construction materials on a site where they are to be used is exempt from Performance Standards E through H if incorporated within the site development project within six months of their deposit on the site;
H. The sale, transportation, and use of pesticides as defined in RSA 430:29 XXVI are exempt from all provisions of this ordinance;
I. Household hazardous waste collection projects regulated under NH Code of Administrative Rules Env-Hw 401.03 (b)(1) and 501.01(b) are exempt from Performance Standards E through H;
J. Underground storage tank systems and aboveground storage tank systems that are in compliance with applicable state rules are exempt from inspections under Section 4.6.8.14 of this ordinance.
Planning Board Chairman Arthur Rugg said that they had spent a considerable amount of time on it, and said that they modeled it based on the state model for groundwater protection.
Londonderry Town Planner Colleen Mailloux said that they recognize that they are going to make updates based on new watershed protection areas being developed in town and as some are taken away in the future.
“It’s an administrative obligation that will be the responsibility of the GIS manager,” said Mailloux.
Planning Board member Ann Chiampa said that she is glad they are going to have it in town.
“I’m glad to see this coming,” said Chiampa.
Ex-Officio Deb Paul said that she thinks they need to check on the updates to the watershed areas frequently.
“We need to keep checking this on a regular basis,” said Paul.
Paul said that having the data being as accurate as possible is really important.
“We have to really keep track of this moving forward,” said Paul.
Mailloux said that they are going to be looking for feedback from other communities that have similar ordinances to see how often they update them.
Planning Board member Roger Fillio said that he thinks its a step in the right direction.
“It’s a good first step,” said Fillio.
The Planning Board ultimately voted unanimously to send the proposed zoning amendment to the Town Council for their review. The Public Hearing will be at the May 23 Town Council meeting.