Adams City Zoning Code
ARTICLE IX
Wellhead Protection Overlay District
§ 305-24 Purpose and intent.
The purpose and intent of establishing a Wellhead Protection Overlay District is to facilitate the adequate provision of water through the elimination or prevention of groundwater contamination in the vicinity of public drinking water supply well(s) operated by the Village of Adams.
§ 305-25 Establishment and boundaries of Wellhead Protection Overlay District.
A.
There is hereby established within the Village of Adams, a Wellhead Protection Overlay District (WHP Overlay). The boundaries of this district are contained on a map entitled the "Wellhead Protection Overlay District Map dated 2-22-2000" and filed with the Village Clerk.
B.
The Wellhead Protection Overlay District (WHP Overlay) includes the Zone of Influence and the Zone of Contribution for the so-called "Country View Well" within the boundaries of the Village of Adams. The Zone of Influence and Zone of Contribution have been defined as part of the Village of Adams Wellhead Protection Plan which is filed with the Village Clerk.
§ 305-26 Scope and applicability.
The Wellhead Protection Overlay District shall be considered as overlaying other existing districts as shown on the zoning map. Any uses not permitted in the underlying district shall not be permitted in the Wellhead Protection Overlay District. Any uses permitted in the underlying district shall be permitted in the Wellhead Protection Overlay District, except where the overlay district prohibits or imposes greater or additional restrictions and requirements. In any cases where conflicts arise between these requirements and any other existing regulations, the more restrictive regulations shall apply.
§ 305-27 Definitions.
For the purposes of interpreting this article, the following definitions shall be controlling:
A geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield adequate quantities of groundwater to wells.
The degradation of natural water quality as a result of human activities to the extent that its usefulness is impaired.
The public supply well(s) owned and operated by the Village of Adams adjacent to the Country View Apartments off East Church Street in the Village of Adams.
Any bulk quantities of chloride compounds and/or other deicing compounds (e.g., area or calcium magnesium acetate) intended for application to roads, including mixtures of sand and chloride compounds in any proportion where the chloride compounds constitute over 8% of the mixture. Bulk quantity of deicing compounds means any quantity, but does not include any chloride compounds in a solid form which are packaged in waterproof bags or containers which do not exceed 100 pounds each.
Water below the land surface in a saturated zone of soil or rock. This includes perched water separated from the main body of groundwater by an unsaturated zone.
Any substance which:
Because of its quantity, concentration, or physical, chemical, or infectious characteristics poses a significant hazard to human health or safety if improperly treated, stored, transported, disposed of, or otherwise managed;
Poses a present or potential hazard to the environment when improperly treated, stored, transported, disposed of, or otherwise managed;
Because of it toxicity or concentration within biological chains, presents a demonstrated threat to biological life cycles when released into the environment.
A waste or combination of wastes including but are not limited to petroleum products, organic chemical solvents, heavy metal sludges, acids with a pH less than or equal to 2.0, alkalies with a pH greater than or equal to 12.5, radioactive substances, pathological or infectious wastes, or any material exhibiting the characteristics of ignitability, corrosivity, reactivity, or fails the Toxicity Characteristic Leaching Procedure (TCLP).
Human feces and urine.
Any man-made material, such as pavement used in parking lots or driveways, buildings or other structures, and the like that does not allow surface water to penetrate into the soil.
Any petroleum-based oil of any kind which is liquid at 20° C. under atmospheric pressure and has been refined, re-refined, or otherwise processed for the purpose of:
Any material in any form that emits radiation spontaneously, excluding those radioactive materials or devices containing radioactive materials which are exempt from licensing and regulatory control pursuant to regulations of the New York State Department of Labor or the United States Nuclear Regulatory Commission.
The contents of a septic tank, cesspool, or other individual wastewater treatment work which receives domestic sewage wastes.
The combination of human and household waste with water which is discharged to the home plumbing system.
The solid, semi-solid, or liquid waste generated from a waste processing facility, but does not include the liquid stream of effluent.
Any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials including solid, liquid, semi-solid, or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, and from community activities.
Any escape of a substance from the containers employed in storage, transfer, processing, or use.
Those water bodies which are identified as drainage features (perennial stream or river, intermittent stream, canals, ditches, etc.), lakes, ponds, reservoirs, springs, or wetlands on United States Geological Survey or New York State Department of Transportation 7.5-minute topographic maps, United States Department of Agriculture soil survey maps, or wetland maps by the New York State Department of Environmental Conservation.
The unconsolidated sand and gravel aquifer mapped by the United States Geological Survey (USGS) in the USGS Water Resources Investigations Report 88-4014.
Storage within a tank or other container which is covered with earth or other backfill material.
Aqueous carried waste, including, but not limited to, dredge spoil, solid waste, hazardous waste, incinerator ash and residue, septage, garbage, refuse, sludge, chemical waste, infectious waste, biological material, radioactive materials, heat, and commercial, industrial, municipal, and agricultural waste.
The geographic area containing ground water that flows toward a pumping well.
The geographic area where changes in ground water levels can be measured or inferred as a result of pumping.
§ 305-28 Permitted uses and activities.
All uses currently permitted in Article III of this chapter are permitted in the Wellhead Protection Overlay District subject to the provisions of this article.
§ 305-29 Site plan review.
A.
In the Wellhead Protection Overlay District, all proposed uses and activities require site plan review, except those which do not require a building permit under Article XI of this chapter or those involving modification of an existing single or two-family dwelling or related accessory use.
B.
The application for a site plan within the Wellhead Protection Overlay District shall contain the following information in addition to that required in Article VII of this chapter.
(1)
The location and description of all features of the system necessary for the satisfactory conveyance, storage, distribution, use and/or disposal of stormwater, process wastes, wastewater, petroleum, hazardous substances and wastes, solid waste, and incidental wastes.
(2)
Existing natural features such as waterways, water bodies, wetlands, aquifers, and existing vegetation. Features to be removed and to be preserved should be indicated.
(3)
Stormwater management and erosion control plan showing measures for attenuation of peak discharge, erosion/sediment control, surface water quality protection, and groundwater quality protection during and following construction.
(4)
Spill prevention plan including: a complete description of the proposed use and operations; a list of toxic or hazardous chemicals to be used, handled, and/or stored; a description of how these chemicals will be used, handled, stored and disposed of, and procedures for containing or cleaning up spills and notifying appropriate local and state officials.
(5)
Copies of any permits and applications made to any other governmental agencies.
(6)
A completed full SEQRA environmental assessment form.
C.
As part of the site plan review criteria, the Planning Board shall consider the protection of the Village of Adams municipal well(s) from the impacts of groundwater contamination or depletion. In making such determination, the Planning Board shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality and quantity which would result if the control measures failed.
§ 305-30 Lot coverage.
In the Wellhead Protection Overlay District, the total impervious surface area of each lot shall not exceed the following percentages:
Lot Size (square feet) | Lot Size (acres) | Maximum Impervious Surface Area of Lot |
|---|---|---|
7,500 to 14,999 | 0.17 to 0.34 | 50% |
15,000 to 29,999 | 0.34 to 0.69 | 50% |
30,000 to 79,999 | 0.69 to 1.84 | 35% |
> 79,999 | >1.84 | 20% |
§ 305-31 Prohibited uses and activities.
Within the Wellhead Protection Overlay District, the following uses and activities are specifically prohibited:
A.
Construction of on-site wastewater treatment/disposal systems (i.e., septic systems), except for replacement or modification of existing systems.
B.
Establishment and/or operation of any solid waste management facility or hazardous waste treatment, storage, or disposal facility, including but not limited to: landfills, junkyards, transfer stations, radiological waste facility, pathological or medical waste facility, or hazardous waste treatment, storage, or disposal facility.
C.
Surface land application of septage, sewage, sludge, or human excreta.
D.
Disposal of any solid waste, petroleum, radioactive material, toxic or hazardous material, or hazardous waste, or wastewater into or onto land or a surface water body.
E.
Establishment of any of the following:
(1)
Airport;
(2)
Appliance/small engine repair shop;
(3)
Automobile repair and body shop;
(4)
Boat service, repair, and washing establishment;
(5)
Car wash;
(6)
Cemetery;
(7)
Cleaning services (dry cleaner, laundromat, laundry);
(8)
Funeral homes;
(9)
Golf course;
(10)
Road and maintenance depot;
(11)
Trucking or bus terminal; or
(12)
Wood preserving and furniture stripping operation.
F.
Establishment of any industrial or commercial use that manufactures, processes, stores, or disposes of hazardous materials, hazardous waste, and/or process wastes.
G.
Outdoor storage of coal, deicing compounds, pesticides, herbicides, and bulk chemicals.
H.
Underground storage of petroleum products, hazardous materials, or hazardous waste.
I.
Outdoor, above ground storage of petroleum products, hazardous materials, or hazardous waste.
J.
Construction of commercial pipelines or piping systems that carry petroleum or liquid hazardous substances or hazardous waste.
K.
Construction of municipal/industrial sewage treatment facilities with disposal of primary or secondary effluent.
L.
New mining or commercial extraction of soils, sands and gravels except for the purpose of on-site construction.
M.
Disposal of snow containing deicing compounds/salts removed from streets, roads, and parking areas that has been transported from areas outside of the Wellhead Protection Overlay District.