Baldwinsville City Zoning Code
ARTICLE XIX
Wellhead-Watershed Protection Overlay District
§ 345-55 Establishment; purpose.
For the preservation of public health, general welfare and safety to residents and to facilitate the adequate provision of water, there is hereby established within the Village of Baldwinsville the following overlay district: Wellhead-Watershed Protection Overlay District (W).
§ 345-56 Boundaries.
A.
The map entitled "Zoning Map, Village of Baldwinsville," dated May 1, 1989, is hereby amended as set forth on the map entitled "Map of the Wellhead-Watershed Protection Overlay District," dated April 1999, on file with the Village Clerk.
B.
The overlay districts located on the map entitled "Map of the Wellhead-Watershed Protection Overlay District" are described as follows:
(1)
Wellhead-Watershed Protection Overlay District (W): This district includes the Zone of Influence and Zone of Contribution for the Village of Baldwinsville's Canton Street public supply well, as well as the land area which supplies surface water runoff to the Zone of Influence and Zone of Contribution as defined in the report entitled "Wellhead Protection Plan for the Village of Baldwinsville" prepared by the New York Rural Water Association and the Baldwinsville Joint Groundwater Protection Committee, a copy of which, dated March 1999, is on file with the Village Clerk.
§ 345-57 Applicability of regulations.
A.
The Wellhead-Watershed Protection Overlay District shall be considered as overlaying other existing districts as shown on the Zoning Map. Any uses permitted in the underlying district shall be permitted in the Wellhead-Watershed Protection Overlay District except where the overlay district(s) prohibits or imposes greater or additional restrictions and requirements.
B.
In any cases where conflicts arise between these requirements and any other existing regulations, the more restrictive regulations shall apply.
§ 345-58 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.
Materials stored which are usually dispensed in smaller units for nonresidential use or resale.
The degradation of natural water quality as a result of human activities to the extent that its usefulness is impaired.
Any bulk quantities of chloride compounds and/or other deicing compounds (e.g., urea 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.
To make a site or area available for use by physical alteration, including but not limited to providing access to a site, clearing of vegetation, grading, earth moving, providing utilities and other services such as parking facilities, stormwater management and erosion control systems and sewage disposal systems, altering landforms or construction of a structure on the land.
The abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing by any other means of any solid waste, petroleum, radioactive material, hazardous substance, hazardous waste or wastewater into or onto land or a surface water body.
A well or hole constructed to allow the downward movement of water through soil.
Any commercially produced mixture generally containing phosphorous, nitrogen and potassium which is applied to the ground to increase nutrients from plants.
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 listed as a hazardous substance in 6 NYCRR Part 597, Hazardous Substance List, or a mixture thereof. In general, a hazardous substance means 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; or
Because of its 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 which are identified or listed as hazardous pursuant to 6 NYCRR Part 371, Identification and Listing of Hazardous Wastes. Hazardous wastes include 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 or 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.
An impoundment made by excavation or embankment construction to contain water and allow the downward movement of water into the soil.
An adaptable stormwater management practice filled with aggregate which allows the downward movement of water into the soil.
Animal feces and urine.
The use of petroleum to heat or cool a residential or nonresidential structure or to operate machinery necessary for agricultural activities. On-site consumption does not include the on-site use of petroleum for processing or manufacturing activities or the sale or distribution of petroleum for or into vehicles, except vehicles used for agricultural operations on that site.
Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects, rodents, fungi, weeds or other form of plant or animal life or viruses, except viruses on or in living man or other animal; and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. These substances include but are not limited to herbicides, fungicides, insecticides and rodenticides.
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 being burned to produce heat or energy, as a motor fuel or lubricant or in the operation of hydraulic equipment.
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.
A structure which prevents any materials that have spilled or leaked from primary containment structures, such as piping, tanks or other containers, from reaching the land surface, subsurface or a surface water body.
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, semisolid or liquid waste generated from a waste processing facility but does not include the liquid stream of effluent.
Any garbage or refuse or any sludge from a wastewater treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semisolid 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.
Storage within a tank or other container which is completely 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.
§ 345-59 Site plan review.
A.
Any proposed use wholly or partially within the Wellhead-Watershed Protection Overlay District which is required to comply with any additional requirements and standards as contained in § 345-63 of this article for stormwater runoff, underground petroleum storage, aboveground petroleum storage, indoor petroleum storage, hazardous substance storage, floor drains, hazardous waste storage and/or pesticide/fertilizer storage and application shall be required to have site plan approval by the Planning Board prior to the issuance of a zoning permit or a certificate of occupancy by the Code Enforcement Officer.
B.
Except for single-family dwellings and two-family dwellings and their accessory uses and buildings, site plan approval must be obtained by the Planning Board for any alteration, reconstruction or structural change of a nonconforming use or activity within the Wellhead-Watershed Protection Overlay District.
§ 345-60 Requirements of site plan submission.
Applicants proposing a use in the Wellhead-Watershed Protection Overlay District which requires a site plan review shall include the following information in addition to, and not instead of, any other required information on a site plan:
A.
Map(s), plan(s) and a narrative report completed by an engineer licensed to practice in the State of New York which details the location of the premises and all features of the system necessary for the satisfactory conveyance, storage, distribution, use and disposal of stormwater, process wastes, wastewater, petroleum, hazardous substances and wastes, solid waste and incidental wastes.
B.
A description of the means of water supply. For uses involving withdrawal of groundwater, an estimate of the total daily withdrawal rate.
C.
A complete list, including an estimate of the volume, in pounds dry weight and liquid gallons, of all petroleum, chemicals, pesticides, fuels and other hazardous substances/wastes to be used, generated and stored on the premises.
D.
A description of proposed measures to protect all storage containers or facilities associated with such materials from vandalism, accidental damage, corrosion and leakage. At a minimum, such measures shall include a description of appropriate requirements and standards as required by § 345-63.
E.
A description of the proposed measures for containing and cleaning up a spill of hazardous substances/waste and notifying the Village of Baldwinsville Police Department and other appropriate local and state officials of a spill, leak or other discharge as required by law, including but not necessarily limited to chemical and bulk storage guidelines by the New York State Department of Environmental Conservation (NYSDEC).
F.
A description of proposed storage facilities for hazardous wastes and provisions for the disposal of these wastes by licensed waste haulers.
G.
A description of proposed measures to control runoff and drainage from the site and a stormwater management and erosion and sedimentation control plan as detailed in § 345-63.
H.
A landscape plan that indicates predevelopment areas of undisturbed, natural vegetation and proposed post development areas of undisturbed, natural vegetation.
I.
Copies of any permits and applications made to any other governmental agencies.
J.
A completed full SEQRA environmental assessment form.
K.
Information and materials as may be required elsewhere.
§ 345-61 Site plan approval criteria.
A site plan within the Wellhead-Watershed Protection Overlay District shall be approved by the Planning Board only after the proposed use meets the following criteria:
A.
The proposed use affords adequate protection to prevent contamination and depletion of the groundwater resources that provides drinking water for municipal wells operated by the Village of Baldwinsville. 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.
B.
The proposed use complies with all requirements and standards as set forth in this article.
C.
The Planning Board may require changes or additions to the site plan as a condition of approval to safeguard groundwater resources. No building permit and no certificate of occupancy shall be issued unless and until such conditions have been fully met or performed. All improvements to the site shall be completed in strict conformance with the site plan as approved.
§ 345-62 Prohibited uses and activities.
The following uses and activities are specifically prohibited in the Wellhead-Watershed Protection Overlay District in order to safeguard groundwater resources which serve as public drinking water supplies:
A.
Establishment and/or operation of any solid waste management facility or hazardous waste treatment, storage or disposal facility, including but not limited to solid waste storage area or facility; transfer station; railhaul or barge-haul facility; raw waste landfill; sanitary landfill; solid waste landfill; ash landfill; construction and demolition debris landfill; disposal facility; solid waste incinerator; refuse-derived fuel processing facility; pyrolysis facility; construction and debris processing facility; land application facility; composting facility; surface impoundments; used oil storage, reprocessing and rerefining facility; recyclables handling and recovery facility; waste tire storage facility; junkyard; salvage yard; impoundment yard; dump; radiological waste facility; pathological or medical waste facility; or hazardous waste treatment, storage or disposal facility.
B.
Surface land application of septage, sewage, sludge or human excreta.
C.
Disposal of any solid waste, petroleum, radioactive material, hazardous substance, hazardous waste or nonsewage wastewater into or onto land or a surface water body. Uses which commonly dispose of solid waste, petroleum, hazardous substances, hazardous waste or wastewater into or onto land or a surface water body include but are not limited to appliance/small engine repair shops; auto repair and body shops; boat service, repair and washing establishments; chemical/biological laboratories; chemical processing/manufacturing plants; cleaning services (dry cleaning, laundromat, commercial laundry); electric/electronic/communications equipment manufacturers; furniture manufacturers/strippers/painters; jewelry and metal platers; machine shops; metal manufacturers/fabricators/finishers; petroleum product refiners and manufacturers; photo processors and printers; and wood preserving/treating establishments.
D.
Establishment of any of the following: airport; asphalt/concrete/coal tar plant; fuel oil distributor; gasoline station; golf course; lawn care business; oil and gas drilling and production; pesticide stores; pest control business; road and maintenance depot; and trucking or bus terminal.
E.
Establishment of a cemetery within 2,500 feet of any public drinking water supply well operated by the Village of Baldwinsville.
F.
Outdoor uncovered bulk storage of coal, deicing compounds, manure, pesticides or fertilizers.
G.
Commercial or agricultural use, storage and/or application of pesticides without applicable certification from the New York State Department of Environmental Conservation.
H.
Disposal of snow containing deicing salts/chemicals removed from streets, roads and parking areas that has been transported from areas outside of the Wellhead-Watershed Protection Overlay District.
I.
Construction of commercial pipelines or piping systems that carry petroleum or liquid hazardous substances/waste.
J.
Construction of on-site wastewater treatment systems (septic systems) in areas serviced by sanitary sewer systems.
K.
Construction of on-site wastewater treatment systems designed for or capable of surface or subsurface discharges of 1,000 gallons per day (gpd) or more.
L.
Construction of municipal/industrial sewage treatment facilities with disposal of primary or secondary effluent within the Wellhead-Watershed Protection Overlay District.
M.
Underground storage of petroleum products, hazardous substances, hazardous waste, pesticides and fertilizers.
N.
Outdoor, aboveground storage of petroleum products, pesticides and other hazardous substances/waste.
O.
New mining or commercial extraction of soils, sands and gravels except for the purpose of on-site construction.
§ 345-63 Additional requirements and standards.
The following requirements and standards shall be observed for proposed uses located within any portion of the Wellhead-Watershed Protection Overlay District:
A.
Lot coverage and size. For each use proposed within the Wellhead-Watershed Protection Overlay District, the stricter requirement for maximum allowable lot coverage, whether it is specified within the underlying zone or within the requirements for the Wellhead-Watershed Protection Overlay District, shall apply.
(1)
In the Wellhead-Watershed Protection Overlay District, the minimum lot size for on-site wastewater treatment systems (septic systems) shall be 80,000 square feet.
(2)
In the Wellhead-Watershed 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 and greater | 0.34 and greater | 40% |
B.
Stormwater runoff. Proposed uses in the Wellhead-Watershed Protection Overlay District must meet the following standards for stormwater runoff.
(1)
Stormwater management and erosion control plan; exemptions.
(a)
Prior to altering any drainage system or initiating any land clearing, land grading, earth moving or development activities, a stormwater management and erosion control plan shall be prepared by a professional engineer licensed to practice in the State of New York in accordance with the NYSDEC manual "Reducing the Impacts of Stormwater Runoff from New Development." The applicant shall arrange with the Town/Village Code Enforcement Officer for inspections prior to approval of the stormwater management and erosion control plan, during construction and installation of stormwater management facilities and upon completion of construction.
(b)
The following activities are exempt from the stormwater management and erosion control plan requirements:
[1]
Agricultural activities (including household gardening and timber harvesting) that is not part of a development project.
[2]
Development of less than five single-family or duplex residential dwelling units and their accessory structures in an existing subdivision.
[3]
Development of one single-family or duplex residential dwelling unit not in an existing subdivision.
[4]
Industrial and/or commercial development projects which result in an impervious surface of less than 10,000 square feet.
[5]
Any maintenance, alteration, use or improvement of an existing structure which will not change the quality, rate, volume or location of stormwater discharge or contribute to erosion and sedimentation.
(2)
Dry wells, infiltration trenches and infiltration basins shall be used to dispose of stormwater only where other methods may not be feasible, as determined by the Planning Board, due to physical constraints of the site. No such infiltration systems for disposal of stormwater shall be located within 400 feet of a public water supply well.
(3)
Surface infiltration trenches must have grass buffers and dry wells and subsurface infiltration trenches must have oil, grease and sediment traps (water quality inlets) to capture excess loads of sediment, grease, oils and settleable solids and other objectionable materials, including floatable organic materials, before stormwater is allowed to enter the infiltration system.
(4)
Dry wells shall be equipped with an accessible cap, and underground infiltration trenches shall be equipped with observation well(s). All caps to dry wells and observation wells shall be locked or constructed to prevent vandalism.
(5)
There must be a vertical separation distance of at least four feet between the bottom of the infiltration system and the seasonal high water table or bedrock. The required separation distance must be verified by test pits/soil borings under the direction of a professional engineer licensed to practice in the State of New York.
C.
Underground petroleum storage. Proposed uses in the Wellhead-Watershed Protection Overlay District must meet the following standards for underground petroleum storage:
(1)
New facilities for the underground storage of petroleum products, including on-site consumption, are prohibited in the Wellhead-Watershed Protection Overlay District.
(2)
Replacement of underground petroleum storage facilities are permitted if the new storage facilities are of equal or lesser capacity than existing facilities and are installed in full accordance with the standards of the New York State Department of Environmental Conservation.
D.
Aboveground petroleum storage. Proposed uses in the Wellhead-Watershed Protection Overlay District must meet the following standards for aboveground petroleum storage:
(1)
New facilities for the outdoor, aboveground storage of petroleum products, except for petroleum used for on-site consumption, are prohibited within the Wellhead-Watershed Protection Overlay District.
(2)
Replacement of outdoor, aboveground petroleum storage facilities other than for on-site consumption shall be permitted if the new storage facilities are of equal or lesser capacity than existing facilities, are installed in full accordance with the standards of the New York State Department of Environmental Conservation and meet the following additional standards:
(a)
All facilities shall be equipped with:
[1]
Double-walled piping or other form of piping secondary containment and a piping leak detection system;
[2]
Cathodic protection for any steel/iron underground piping;
[3]
A dike, berm or other secondary containment structure composed of impermeable material which is designed to contain at least 120% of the volume of the largest tank enclosed by the containment structure;
[4]
Visual gauges to monitor fluid levels and/or high level alarms to warn of an imminent overfill;
[5]
Spill prevention valves;
[6]
Tank labels; and
[7]
Security against unauthorized entry into storage areas.
E.
Indoor petroleum storage. Proposed uses in the Wellhead-Watershed Protection Overlay District must meet the following standards for indoor petroleum storage, except for on-site consumption and household use (operating lawn care equipment, recreational vehicles, etc.):
(1)
Meet or exceed all applicable New York State Department of Environmental Conservation rules and regulations for petroleum bulk storage.
(2)
All facilities shall adhere to the following design requirements. Storage in original, sealed containers for the purpose of resale shall be exempt from Subsection E(2)(b), (c), (d), (e), (f) and (g).
(a)
Petroleum shall be stored in leakproof closed containers, containers equipped with a lid, or steel tanks;
(b)
All storage areas shall be equipped with a pad and a dike, berm or other secondary containment structure constructed of impervious material that is designed to contain at least 120% of the volume of the largest container enclosed by the structure;
(c)
No storage areas shall be located in proximity to floor drains;
(d)
Storage areas shall be secured against unauthorized entry;
(e)
For tanks, visual gauges shall be installed to monitor fluid levels and/or high level alarms to warn of an imminent overfill;
(f)
For tanks, spill prevention valves; and
(g)
Tank/container labels.
F.
Indoor hazardous substance storage. Proposed uses in the Wellhead-Watershed Protection Overlay District must meet the following standards for indoor storage of quantities of hazardous substances that total more than 250 pounds dry weight or 50 gallons liquid. Outdoor, aboveground storage of hazardous substances is prohibited in the Wellhead-Watershed Protection Overlay District.
(1)
Indoor storage areas for hazardous substances shall meet all applicable federal and state requirements and the following requirements and standards. Storage in original, sealed containers for the purpose of resale shall be exempt from Subsection F(1)(c), (d) and (e).
(a)
All products shall be stored in leakproof containers with a lid;
(b)
Each container shall be clearly and visibly labeled;
(c)
Drip pans or spill containment pallets shall be located under the spigots of drums or containers stored in a horizontal position;
(d)
All storage areas shall be equipped with a pad and a dike, berm or other secondary containment structure built of impervious material and designed to contain at least 120% of the volume of the largest container enclosed by the structure;
(e)
No storage areas shall be located adjacent to floor drains or in a condition that will allow flowage to the floor drain(s);
(f)
Absorbent material shall be kept on hand for emergency cleanups and containments; and
(g)
Storage areas shall be secured against unauthorized entry.
(2)
An accurate log or inventory of hazardous substances on site shall be maintained.
(3)
A spill control plan shall be prepared and posted in a conspicuous location. The plan shall contain a description of operational procedures, a description of potential spill sources, the names and telephone numbers of persons responsible for responding to the spill, the procedures for containing and cleaning up the spill and the procedure for notifying the Village and other appropriate local and state officials.
G.
Floor drains.
(1)
All floor drains for a proposed nonresidential use within the Wellhead-Watershed Protection Overlay District shall be connected to a holding tank or to an oil and grit separating tank that is connected to the municipal sewer system.
(2)
Floor drains which are connected to the sanitary sewer must meet discharge limits and permit requirements established by the applicable wastewater treatment plant.
(3)
Discharge of floor drains to the ground surface, subsurface or surface water body is prohibited.
H.
Indoor hazardous waste storage. Proposed uses in the Wellhead-Watershed Protection Overlay District must meet the following standards for temporary (90 days or less) storage and proper off-site disposal of hazardous waste. Underground or outdoor, aboveground storage of hazardous waste is prohibited within the Wellhead-Watershed Protection Overlay District, as is discharge, surface land application or disposal of any hazardous waste and establishment of a hazardous waste treatment, storage or disposal facility.
(1)
The owner or applicant of a facility generating hazardous waste shall demonstrate the availability and feasibility of temporary indoor storage methods which are in accordance with all applicable local, state and federal laws and the requirements of this article for hazardous waste to be produced in quantities greater than those associated with normal household or agricultural use.
(2)
The owner or applicant shall demonstrate that wastes will be properly handled and stored until disposed of at a licensed hazardous waste treatment, storage or disposal facility by a licensed waste hauler.
(3)
Temporarily accumulated hazardous waste will be stored in accordance with all applicable local, state and federal regulations.
(4)
An accurate log or inventory of hazardous wastes stored on site shall be maintained, including a description of the waste contained in container, the date of waste generation, the date of removal by a licensed waste hauler and the name and address of the licensed waste hauler.
(5)
A spill control plan shall be prepared and posted in a conspicuous location. The plan shall contain a description of operational procedures, a description of potential spill sources, the names and telephone numbers of persons responsible for responding to the spill, the procedures for containing and cleaning up the spill and the procedure for notifying the Village and other appropriate local and state officials.
I.
Pesticide/fertilizer storage and application. In the Wellhead-Watershed Protection Overlay District, the following standards shall apply to proposed uses regarding the storage, application and disposal of pesticides and/or fertilizers:
(1)
The outdoor uncovered bulk storage of manure and the underground or outdoor, aboveground storage of pesticides and/or fertilizers is prohibited in the Wellhead-Watershed Protection Overlay District.
(2)
Areas utilized for the bulk storage of manure and associated agricultural waste from commercial agricultural establishments shall be constructed and maintained in accordance with best management practices such that seepage, leachate or runoff from stockpiling or storage of animal waste does not cause or contribute to the contravention of a water quality standard.
(3)
Commercial agricultural storage and use of fertilizers and the land application of manure shall be in conformance to the degree practicable with best management practices as recommended by the Onondaga County Soil and Water Conservation District.
(4)
Storage, use and/or application of pesticides must be in accordance with proper certification from the New York State Department of Environmental Conservation.
J.
Site inspections.
(1)
The Village Code Enforcement Officer is authorized to perform periodic inspections of facilities to ensure that these facilities are in compliance with the requirements and standards of this article.
(2)
The owner or the owner's designee shall grant the Code Enforcement Officer access to the site at a mutually agreeable time within 24 hours of notice of inspection.
§ 345-64 Nonconforming uses and activities.
A.
A nonconforming use or activity within the Wellhead-Watershed Protection Overlay District shall not be enlarged in size so as to occupy a greater area of land or floor area than was committed to the nonconforming use at the time of enactment of this article.
B.
A nonconforming use or activity within the Wellhead-Watershed Protection Overlay District shall not be altered, reconstructed or structurally changed in a way which increases its nonconformity at the time of enactment of this article.
[Amended 9-19-2013 by L.L. No. 2-2013]