Batavia Town City Zoning Code
ARTICLE IV
Zoning District Regulations
§ 235-24 (Reserved) [1]
[1]
Editor's Note: Former § 235-24, Agricultural District (AG), was repealed 2-20-2008 by L.L. No. 2-2008.
§ 235-25 Agricultural-Residential District (AG-R).
[Amended 2-20-2008 by L.L. No. 2-2008]
The Agricultural-Residential (AG-R) District is designed primarily to preserve farmland and secondarily to preserve the rural nature of the Town. Agricultural and residential uses have a number of inherent conflicts between them. The purpose of this district is to minimize these conflicts by separating the uses by providing an area where agricultural uses are the primary use and low-density residential development is a secondary use.
Permitted uses. The following uses are permitted in the Agricultural-Residential District:
Agricultural uses.
One- and two-family dwellings.
Religious institutions.
Public parks, public playgrounds, and municipal uses.
Private stable.
Schools.
Accessory buildings, structures and uses.
Uses requiring special use permit. The following uses are permitted in an Agricultural-Residential District upon the issuance of a special use permit:
Noncommercial wind energy system.
Outdoor recreation facility.
Club.
Airport landing strip.
Kennel.
Community center.
Public stable.
Commercial greenhouse.
Cemetery.
Animal hospital.
Residential care facility.
Auction house.
Day-care center.
Bed-and-breakfast.
Boardinghouse.
Animal shelter.
Self-service storage facility.
Accessory buildings, structures and uses related to those uses allowed by special use permit (only site plan review is required for approval).
Uses requiring special use permit on arterial highways. The following uses are permitted in the Agricultural-Residential District upon the issuance of a special use permit, provided the affected lot and proposed use front directly upon an arterial highway and the lot involved is not located within 300 feet of a lot with an existing residential use (other than residential uses located on the involved lot) (such measurements shall be made between the nearest respective lot lines):
Area regulations. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
§ 235-26 Residential District (R).
[Amended 2-20-2008 by L.L. No. 2-2008]
The Residential District is designed to accommodate primarily residential uses on lots with a minimum area of 16,000 square feet (provided public water or sewer is available) or 20,000 square feet (no public water or sewer available). The purpose of this district is to encourage residential growth in areas of the Town which have existing concentrations of residential uses. The Residential District will allow for more economical provision of public services such as water and sanitary sewer should the need arise at some future date.
Permitted uses. The following uses are permitted in the Residential District:
One- and two-family dwellings.
Religious institutions.
Public parks, public playgrounds, and municipal uses.
Agricultural uses, excluding the stabling of animals or the storage of manure, fertilizer, or similar odor- or dust-producing substances.
Schools.
Accessory buildings, structures and uses.
Uses requiring special use permit. The following uses are permitted in the Residential District upon issuance of a special use permit:
Outdoor recreation facility.
Community center.
Residential care facility.
Day-care center.
Boardinghouse.
Bed-and-breakfast.
Accessory buildings, structures and uses related to those uses allowed by special use permit (only site plan review is required for approval).
Uses requiring special use permit on arterial highways. The following uses are permitted in the Residential District upon the issuance of a special use permit, provided the affected lot and proposed use front directly upon an arterial highway:
Area regulations. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
§ 235-26.1 Hamlet Residential District (HR).
[Added 2-20-2008 by L.L. No. 2-2008]
Purpose. The purpose of the HR - Hamlet Residential District is to encourage a mix of residential uses and styles on lots of varying sizes, in order to create and maintain residential neighborhoods with high potential for socialization.
Permitted uses:
One- and two-family dwellings.
Agricultural uses, excluding the stabling of animals or the storage of manure, fertilizer, or similar odor- or dust-producing substances.
Schools.
Accessory buildings, structures and uses.
Uses requiring a special use permit:
Hospital, nursing home or convalescent home.
Public utilities, excluding telecommunications facilities.
Community center.
Day-care center.
Boardinghouse.
Bed-and-breakfast.
Accessory buildings, structures and uses related to those uses allowed by special use permit (only site plan review is required for approval).
Area regulations. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
§ 235-27 Commercial District (C).
[Amended 5-17-2006; 2-20-2008 by L.L. No. 2-2008]
The Commercial (C) District is designed to provide areas within the Town for concentrations of commercial uses. These districts are located along major highways to provide for maximum development potential.
Permitted uses. The following uses are permitted in the Commercial District:
Uses requiring special use permit. The following uses are permitted in the Commercial District upon the issuance of a special use permit:
Indoor recreation facility.
Light industrial.
Motor vehicle sales, service and repair.
Recreational vehicle and mobile home sales and service.
Residential uses, provided the predominant land use within 500 feet of the proposal is also residential.
Warehouse.
Shopping center.
Day-care center.
Contractor's yard.
Car wash.
Self-service storage facility.
Recyclables handling and recovery facility.
Accessory buildings, structures and uses related to those uses allowed by special use permit (only site plan review is required for approval).
Outdoor recreation facility.
Noncommercial wind energy system.
Area regulations. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
§ 235-27.1 Hamlet Commercial District (HC).
[Added 2-20-2008 by L.L. No. 2-2008]
Purpose. The purpose of this district is to provide for business development in the hamlet of East Pembroke business area, including retail, office and service uses, public and semipublic uses, as well as other business uses that are compatible with the surrounding residential neighborhoods. Such businesses are intended to serve a small amount of transient vehicular traffic, but mostly the neighboring residential community. This district is intended to accommodate a mix of uses within the district as well as multiple uses within individual lots.
Permitted uses. The following uses are permitted in the Hamlet Commercial District:
Uses requiring special use permit.
Day-care center.
Accessory buildings, structures and uses related to those uses allowed by special use permit (only site plan review is required for approval).
Dimensional requirements. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
Multiple uses permitted. Multiple uses may be permitted upon a single lot, or in a single building, subject to site plan review.
§ 235-28 Industrial District (I).
[Amended 2-14-2001; 10-19-2005; 2-20-2008 by L.L. No. 2-2008]
The Industrial (I) District is designed to provide areas within the Town which are appropriate for industrial-type uses. In limiting industrial uses to the Industrial District, it is the Town's intention to minimize the potential adverse impacts of such uses.
Uses requiring special use permit. The following uses are permitted in the Industrial District upon the issuance of a special use permit:
Industrial park.
Recyclables handling and recovery facility.
Self-service storage facility.
Manufacturing (unenclosed).
Contractor's yard.
Truck stop.
Trucking terminal.
Disposal transfer station.
Kennels.
Accessory buildings, structures and uses related to those uses allowed by special use permit (only site plan review is required for approval).
Commercial excavation.
Noncommercial wind energy system.
Area regulations. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
§ 235-29 Industrial Park District (IP).
[Amended 2-20-2008 by L.L. No. 2-2008]
The Industrial Park (IP) District is designed to provide areas within the Town for the design of and development as industrial parks. The IP District will encompass properties that typically are not accessed directly from a major highway but instead are serviced by a road system designed and intended for use by operations within or immediately adjacent to the industrial park. The IP District is designed to blend commercial and enclosed industrial uses, thus maximizing the development potential by encouraging land uses which will complement, rather than detract from, one another. Given the industrial park setting, the required minimum lot frontages, lot widths and yard setbacks are less than those required within the general Industrial (I) Districts.
Permitted uses. The following uses are permitted in the Industrial Park (IP) District:
Warehouse.
Manufacturing (enclosed).
Wholesale trade.
Commercial or professional office or service.
Research and development facility.
Governmental facilities.
Recyclables handling and recovery facility.
Accessory buildings, structures and uses.
Uses requiring a special use permit. The following uses are permitted in the Industrial Park (IP) District upon the issuance of a special use permit:
[Amened 4-20-2016 by L.L. No. 1-2016]
§ 235-30 Mobile Home Park District (MHP).
Purpose. The purpose of the Mobile Home Park District is to provide an area within the town for development of additional mobile home parks and for campgrounds.
§ 235-31 Planned Unit Development District (PUD). [1]
Purpose. The purpose of the Planned Unit Development District is to permit greater flexibility, more creative and imaginative design and utilization of innovative land development techniques while promoting more economical and efficient use of land, buildings, circulation systems and utilities; to provide for both individual building sites and common property which are planned and developed as a unit; to provide harmonious land uses which offer a high level of amenities; to permit a variety of residential types and/or nonresidential uses; and to preserve natural and scenic qualities of the site during the development process.
General requirements.
Minimum area. The minimum area required to qualify for a planned unit development shall be 10 contiguous acres of land.
Ownership. The tract of land for a planned unit development may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. A petition must be filed by the owner, or jointly by owners, of all property included in a project. In the case of multiple ownership, the approved planned unit development plan is binding on all owners.
Location. The Planned Unit Development District shall be applicable to any zoning district or parts of zoning districts where the applicant can demonstrate that the characteristics of his holdings and plan will meet the objectives of this section.
Common open space. Common open space in a planned unit development may be one or more sites for use in common by all of the occupants within the project area or by the residents of the town as a whole, depending upon dedication of such sites. Such common open space may be retained in private ownership or received in dedication by the town. If the open space remains in private ownership, arrangements for the operation, maintenance, improvement and liability of such common property and facilities must be approved by the Town Board. No common open space, so designated by the proposal and approved by the Town Board, may be thereafter developed or disposed of except with the approval of the Town Board.
Permitted uses. Any uses identified as permitted uses or uses allowed by special use permit as set forth in this chapter for any district may be permitted in a planned unit development.
Mix of uses. The mix of permissible uses shall be determined by the Town Board.
Application procedure and approval process.
Conceptual review. Before submission of a petition for rezoning as a planned unit development, the developer is encouraged to meet with the Town Planning Board to determine the feasibility and suitability of his proposal before entering into any binding commitments or incurring substantial expenses of site plan preparation and the required documentation.
Rezoning procedure.
Submission of petition. A petition for the establishment of planned unit development districts shall be submitted to the Town Clerk by the developer [see Subsection C(2)(d) of this section].
Notification and referral. Within five working days, the Town Clerk shall notify the Town Board of the petition and shall refer the petition and all supporting documentation to the Planning Board for its review and recommendations.
Planning Board review. Within 62 days of receipt of the petition, the Planning Board shall review it and recommend approval, approval with modifications or disapproval thereof to the Town Board. Failure to act within 62 days or such longer period as may be consented to by the developer shall constitute approval of said petition by the Planning Board.
Submission requirements. The developer shall submit a minimum of four sets of such plans and drawings (additional sets may be required). These four sets shall be submitted to the Town Clerk. The preliminary plans shall be accompanied by such maps, charts and written material necessary for the Boards to make a preliminary judgment on the suitability and impact of the proposed planned unit development on the town. Preliminary plans should include the following:
A preliminary site plan of the property covered by the petition showing the approximate size and location of the various development areas (road rights-of-way, single-family housing areas, multifamily housing areas, commercial and open space areas, etc.); the number and type of residential structures and dwelling units within each residential area; the approximate square footage of nonresidential use within each nonresidential area; the amount of open space; traffic circulation; and the surrounding land uses.
A written preliminary description of the proposal, including the total number of acres in the site; the estimated number and type of housing units; the estimated residential and nonresidential density; the major planning assumptions and objectives; the probable effect on adjoining properties; and the effect on the overall town development plan and the effect on this chapter.
Review considerations. In review of the preliminary plans, the Planning Board shall consider the manner with which the proposal fits the general pattern of land use established by this chapter and the impact on the established land uses in the area, overall density of development, traffic circulation, the provision of open spaces, and the effect on schools and other municipal facilities.
Town Board review and approval. Upon receipt of the Planning Board's recommendation, the Town Board may, after a public hearing and review of the proposed zone change by the County Planning Board, pursuant to General Municipal Law §§ 239-l and 239-m, amend this chapter so as to establish and define the boundaries of the planned unit development. If the rezoning request is approved for the planned unit development, such action does not authorize improvements to the rezoned land.
Final plan.
Ownership. Before final approval of the planned unit development, the developer must show evidence of the full legal ownership in the land.
Submission of final plan. Upon approval of the zone change, the applicant has five years in which to submit a final plan to the Town Clerk.
Notification and referral. Within five working days, the Town Clerk shall notify the Town Board of the filing of the final plan and shall refer the final plan and all supporting documentation to the Planning Board for its review and recommendation.
Planning Board review. Within 62 days of receipt of the final plan, the Planning Board shall review the final plan and recommend approval, approval with modifications or disapproval to the Town Board. Failure to act within 62 days or such longer period as may be consented to by the developer shall constitute approval of the final plan by the Planning Board.
Submission requirements. The applicant shall submit a minimum of four complete sets of the final plan and drawings (additional sets may be required). These four sets shall be submitted to the Town Clerk. The final plan shall be accompanied by a detailed justification for the proposal, including such maps, charts and written material necessary for the Town Board to make an impartial judgment on the suitability and impact of the proposed planned unit development on the town. Such material shall include, but not be limited to, the following:
A mapped development plan of the property covered by the development showing the size and location of the various development areas (road rights-of-way, single-family housing areas, multifamily housing areas, commercial and open space areas, etc.), the location of proposed residential structures and dwelling units within each residential area, the square footage of nonresidential use within each nonresidential area and the amount of open space.
A written description of the proposal, including the major planning assumptions and objectives, the probable effect on adjoining properties, the effect on the overall town development plan and the effect on this chapter.
Such additional written material, graphs or charts as are necessary to present the total number of acres in the site, the number and type of housing units, the gross and net residential densities, the approximate selling and/or rental prices of the units, and square feet of nonresidential floor area, including the approximate selling and/or rental price, the development schedule expressed in units per month (or year or any other appropriate time sequence), the phasing plan (if any), the approximate completion date of the entire project, and the estimated total construction cost of the project upon completion.
Such other written or graphic material as is necessary for the Planning Board to judge the impact of the proposal on the town. Such material shall include, but not be limited to, the need for new public facilities and the adequacy of existing facilities, including a statement of the intent to which the developer intends to provide needed facilities, a fiscal impact statement, including a summary of new costs and revenues to the town due to the development, the projected new population, and the method of assuring that all open spaces will be permanently maintained and devoted to open space uses.
Review considerations. In review of the final plan, the Planning Board shall consider the manner with which the proposal fits the general pattern of land use established by this chapter and the protection of the established and permitted uses in the area. It shall consider the location of main and accessory buildings and their relation to one another; the circulation pattern of the site and the amount, location, and access of parking and off-street loading space facilities; the height and bulk of buildings; the provision of open spaces, landscaped areas, signs, and similar features of the site plan and the safeguards provided to minimize possible detrimental effects of the proposed development on adjacent property and the surrounding neighborhood; the manner of conformance with the official development policies of the town; the effect on schools and other municipal facilities; and the manner in which natural and scenic characteristics of the site are preserved.
Town Board review and approval. Upon receipt of the Planning Board's recommendation, the Town Board shall, after a public hearing and review of the final plan by the County Planning Board, pursuant to General Municipal Law §§ 239-l and 239-m, approve, approve with modifications or disapprove the final plan. The Town Board shall make its decision in accordance with official town development policies and may impose conditions relating to that plan. The decision of the Town Board shall immediately be filed in the office of the Town Clerk and a copy mailed to the applicant by regular mail.
Design standards.
Area requirements. The least restrictive area, yard, coverage, height, density and supplementary regulation requirements applicable to a specific use under this chapter shall apply, except where the Planning Board finds that it is in the public interest to modify these requirements and the Town Board approves such modifications.
Traffic and circulation.
All proposed public roads shall meet the design and construction specifications set forth by the Town Highway Superintendent and/or Engineer.
Special consideration should be given to pedestrian movement from the standpoint of safety, convenience and amenity. Sidewalks, curbs and gutters should be considered in the design of the overall circulation system.
Security. Performance and maintenance bonds or other security may be required in the discretion of the Town Board.
[1]
Editor's Note: Specific planned unit development regulations are included at the end of this chapter.
§ 235-31.1 Planned Business Development District (PBD).
[Added 2-20-2008 by L.L. No. 2-2008]
Purpose. The purpose of the Planned Business Development (PBD) District is to:
Establish an area for new commercial, industrial, recreational and/or mixed use development on a large scale that will provide the Town and region with employment opportunities, additional tax base and other community benefits, while minimizing impacts on public services;
Prevent piecemeal development that would compromise the availability and future marketability of a large area for significant new development;
Accommodate continued agricultural use in an area that is highly suited for agriculture;
Provide greater flexibility, more creative and imaginative design and utilization of innovative land development techniques while promoting more economical and efficient use of land, buildings, circulation systems and utilities;
Provide for both individual building sites and common property which are planned and developed as a unit; to provide harmonious land uses which offer a high level of amenities;
Permit a variety of industrial, commercial and/or recreational uses; and
Preserve natural and scenic qualities of the site during the development process.
Requirements. Any development proposed for the Planned Business Development District shall meet the following requirements:
A coordinated development plan that addresses the requirements in this section and advances the purposes stated in Subsection A shall be presented for a contiguous land area that comprises at least 100 acres within the Planned Business Development District. Smaller developments would require an area variance from the Zoning Board of Appeals.
The preservation of open space and the preservation of trees, outstanding natural topography and sensitive environmental features shall be an integral part of the plan, while allowing sufficiently intensive development to support the extension of infrastructure to the PBD.
The development shall make creative and efficient use of land and related physical development resulting in smaller networks of utilities and streets and thereby lowering costs for construction and maintenance.
Adequate public services. No development shall be approved within the Planned Business Development District unless the Town Engineer submits a satisfactory report to the Planning Board regarding the following:
The project will be connected to municipal water and sewer.
The project will not overburden the municipal water and sewer system.
Adequate levels of water pressure are available for fire service.
A traffic impact study, detailing impacts and mitigation measures, has been prepared by each developer.
Any costs associated with improvements or upgrades to public facilities may be included in the developer's construction costs and carried out by the developer under the supervision of the Town Engineer.
Utilities. New public and private utilities and those relocated or replaced shall be underground, unless specifically exempted by the Planning Board.
Topography, landscaping and site appearance.
Landscaping shall contribute to prevention of water runoff and erosion problems. Temporary or permanent protection shall be provided during construction to prevent such problems.
All developments within the district shall be designed to take maximum advantage of the topography of the land, to provide for water storage and control of water runoff, to protect natural drainage courses, to reduce the amount of grading and maximize the conservation of trees and topsoil.
The design of the perimeter landscaping and improvements of each development should be visually harmonious and compatible with adjoining development.
Development in phases. If the applicant wishes to construct the development in phases, or if the Planning Board wishes to require that development be phased, the applicant may submit final site plans for only those phases for review per the approved phasing plan, provided that such final site plans are consistent with the coordinated development plan and approved preliminary site plan for the entire site. Any plan anticipated to require more than 24 months to be completed shall be required to be completed in phases, and a phasing plan must be developed. The Code Enforcement Officer may withhold the issuance of building permits if the approved phasing plan is not being followed.
Performance. The Planning Board may require bonding, a letter of credit or other instrument to ensure that public and private improvements are carried out as specified in the plans and approvals, as provided for in § 235-63C(8).
Expiration. If no evidence of progressive activity has occurred within two years of the date of approval or upon expiration of any extension of time for starting development granted by the Planning Board, the Planning Board may, with twenty-day-advance-notice to the applicant, declare the approved plan to be null and void. Upon the request of the applicant, the Planning Board shall automatically grant a two-year extension for starting the development, and may thereafter consider further extensions in its discretion.
Permitted uses.
The following uses are permitted in the Planned Business Development District:
Warehouse.
Manufacturing (enclosed).
Wholesale trade.
Commercial or professional office or service.
Research and development facility.
Governmental facilities.
Recyclables handling and recovery facility.
Agriculture.
Agricultural products processing or distribution facilities.
Accessory buildings, structures and uses.
Uses requiring a special use permit. The following uses are permitted in the Planned Business Development District upon the issuance of a special use permit and provided the parcel fronts on, and is directly accessed from, a state highway:
Area regulations. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
Procedures.
Applicant. The applicant may be an individual, corporation or a group of individuals or corporations. An application shall be filed by the owner or jointly by the owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
Application for site plan approval for a planned business development. Application for a site development plan for a planned business development shall be made to the Planning Board. The applicant shall furnish basic data pertaining to the boundaries of the proposed development and the existing zoning, topography, drainage and soil conditions. A site development plan shall be provided in sufficient detail as may be required for an understanding of the type, uses and design of the proposed development. Information shall be provided to demonstrate that adequate public services exist or will exist to serve the proposed development.
Planning Board review of site plan.
The Planning Board shall review the proposed site plan in accordance with the criteria and procedures established in § 235-63C.
The Planning Board shall also consider the following criteria in its review of a proposed planned business development within the PBD District:
The suitability of the tract for the general type of development proposed and the physical characteristics of the land.
The relation of the proposed development to surrounding areas, existing and probable future development, including the extension of utilities to adjacent properties and the interconnection of road access to adjacent properties.
The relation to major roads, utilities and other facilities and services.
The adequacy of evidence on unified control and suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guaranties or other instruments or the need for such instruments or for amendments in those proposed.
The suitability of plans proposed or the desirability of amendments, with reasons therefor.
Public hearing on the application for site plan approval. Within 62 days of receipt of the application, the Planning Board shall hold a public hearing, after public notice, on the application for site plan approval for the initial planned business development. A public hearing shall be optional for subsequent development within an approved planned business development that may be subject to site plan review pursuant to § 235-63C.
Changes in approved final plans. Changes in the types of uses within an approved planned business development and other changes to approved final plans and reports may be approved by the Planning Board only upon findings identical to those required for original approval.
Upon approval of final plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order and location in which building permits are to be issued in the particular planned business development shall be observed. Except as provided below, final plans and reports as approved shall be binding on the applicants and any successors in title so long as PBD zoning applies to the land.
Expiration of time limits on planned business development site plan approvals.
The Planning Board may require that certain actions be taken within specified time frames, as a condition of approval of the site development plan.
If actions required in any approval of a site plan in a PBD are not taken within any time limits set in connection with such approval, the Planning Board shall review the circumstances and prepare a written report specifying the circumstances and recommending that:
Such recommendations shall include proposals for appropriate action in respect to any legal instruments in the case.
§ 235-32 Floodplain Overlay Zone (FPO).
The Floodplain Overlay Zone is shown on the Zoning Map of the Town of Batavia for information purposes only to identify potential areas of special flood hazard, to ensure coordinated review of zoning and flood damage prevention regulations, and to minimize the threat of flood damages. Exact boundaries of the special flood hazard areas can be found on the Federal Emergency Management Agency's most current Flood Insurance Rate Map (FIRM) or equivalent map for the Town of Batavia (Community Number 360278).
In addition to this chapter, areas within special flood hazard areas are regulated by Chapter 112, Flood Damage Prevention, of this Code, which is administered by the Building Inspector or other designee of the Town Board. These requirements are in addition to those contained in the underlying zoning district.
§ 235-33 Wellhead Protection Overlay Zone (WPO).
Purpose. The Wellhead Protection Overlay Zone (WPO) is established to preserve and protect those areas of the town which are important to ensuring a safe and healthful drinking water supply for the Batavia area, local residents, employees and the general public through the preservation of the town's groundwater sources. The designation of two Wellhead Protection Areas (WPA) within the Wellhead Protection Overlay Zone and the careful regulation of activities with these zones will reduce the potential for groundwater contamination. The Wellhead Protection Overlay Zone will preserve and maintain the existing and potential groundwater supplies, aquifers, and aquifer recharge areas of the town and protect them from adverse development or land use practices. The Wellhead Protection Overlay Zone will also conserve the natural resources of the town and prevent pollution.
General process. The Wellhead Protection Overlay Zone shall be considered as overlaying other districts as shown on the Zoning Map for the Town of Batavia. Any use not permitted in the underlying zoning districts shall not be permitted in the Wellhead Protection Overlay Zone. Any uses permitted in underlying zoning districts shall be permitted in the Wellhead Protection Overlay Zone, except where the Wellhead Protection Overlay Zone prohibits or imposes greater or additional restrictions and requirements. In those instances where the Wellhead Protection Overlay Zone prohibits a use, such use shall not be allowed. In those instances where the Wellhead Protection Overlay Zone contains additional or greater restrictions or regulations, such uses shall not be allowed until such restrictions and/or regulations are complied with. In any cases where conflicts arise between these regulations and any other existing regulations, the more restrictive regulations shall apply.
Zone boundaries. Where the bounds of a particular Wellhead Protection Overlay Zone or any Wellhead Protection Areas as delineated on the Zoning Map are in doubt, the burden of proof shall be upon the owner(s) of the land in question or his official designee to show that the boundaries differ from those that are indicated. At the request of the owner(s) whose land has been designated as part of a Wellhead Protection Overlay Zone, the town may engage a professional hydrogeologist or geologist to determine more accurately the location and extent of an aquifer or recharge area and may charge the owner(s) for all or part of the cost of the investigation. Based upon acceptable documentation that the boundary of a Wellhead Protection Overlay Zone should be modified, the Town Board may consider amendment of such district boundary on the Town of Batavia Zoning Map pursuant to Article VIII of this chapter.
Determination of presence and significance of the Wellhead Protection Overlay Zone. For the purposes of this Wellhead Protection Overlay Zone, there are hereby established within the Town of Batavia certain Wellhead Protection Areas which consist of any aquifer, the land above an aquifer, and significant aquifer recharge areas. The establishment of these areas is confirmed by information set forth in the City of Batavia Wellhead Protection Study (DATE) and recommendations by the Wellhead Protection Project Technical Committee and the Water Quality Advisory Committee. These Wellhead Protection Areas are delineated on the Wellhead Protection Area Map and are described as follows:
Wellhead Protection Area 1 (WPA1). As delineated, Wellhead Protection Area 1 shall include those areas within the Primary Wellhead Protection Area delineated WPA1 on the Wellhead Protection Area Map.
Wellhead Protection Area 2 (WPA2). As delineated, Wellhead Protection Area 2 shall include those areas outside of Wellhead Protection Area 1 but within the area delineated as Secondary Wellhead Protection Area or Wellhead Protection Area 2 (WPA2) on the Wellhead Protection Area Map.
Compliance with SEQR for actions within the Wellhead Protection Overlay Zone. Wellhead Protection Area 1 (WPA1) is hereby designated as a critical environmental area pursuant to the State Environmental Quality Review Act (SEQR), 6 NYCRR 617.4(h) and 617.12(12). As such, any unlisted action under SEQR shall automatically be reviewed as a Type 1 action. Refer to 6 NYCRR 617.11 for specific review criteria for Type 1 actions.
Use regulations for the Wellhead Protection Overlay Zone.
Prohibited uses and activities. Within all of the Wellhead Protection Areas of the Wellhead Protection Overlay Zone, the following uses and activities are specifically prohibited:
Sanitary landfills, including construction and demolition debris landfills;
Junkyards or motor vehicle salvage operations;
Outside storage of road salt or other de-icing chemicals;
Disposal of snow that contains de-icing materials and that has been transported from areas outside the Wellhead Protection Overlay District;
Storage of animal manure, not being used for the primary purpose of agriculture;
Surface land application of septage, sludge, or human excreta; and
The discharge, surface land application or disposal of any hazardous substance, hazardous waste, petroleum, or radioactive material.
Permitted uses. All uses currently permitted in the underlying district are permitted in the Wellhead Protection Overlay Zone subject to the additional requirements as indicated in Subsection F(3).
Additional requirements for the Wellhead Protection Overlay Zone. The following requirements and standards shall be observed for proposed land uses other than single- and two-family dwellings and their accessory uses located within any portion of the Wellhead Protection Overlay Zone or particular Wellhead Protection Areas, described as follows:
Runoff/drainage.
Post-development conditions for a proposed use within a Wellhead Protection Overlay Zone shall result in no increase in the frequency and occurrence of stormwater runoff from predevelopment conditions. In addition, the off-site impacts of erosion and sedimentation from the proposed use shall not be any greater during and following land disturbance activities than under predevelopment conditions.
Stormwater runoff shall be treated to prevent water quality degradation of the receiving water body, including groundwater.
All stormwater runoff from impervious surface areas shall be diverted to a nearby surface water body. If a nearby surface water body is unavailable or if other physical constraints prevent such diversion, all stormwater runoff from impervious surfaces shall be recharged into the groundwater on the site via infiltration trenches or infiltration basins.
The stormwater recharge area shall be at the farthest point practical from the municipal wells.
Supplemental stormwater management practices, such as open vegetated swales, vegetated buffer zones or filter strips, may be used to compliment the infiltration trenches and infiltration basins. Supplemental stormwater management practices shall not be used as a substitute for infiltration trenches and infiltration basins.
The design of infiltration trenches, infiltration basins, open vegetated swales, vegetated buffer zones and filter strips shall be in accordance with the design criteria for these stormwater management techniques as described in Chapter 6 of the Department of Environmental Conservation (DEC) manual "Reducing the Impacts of Stormwater Runoff from New Development."
Dry wells shall be used only where other methods may not be feasible, as determined by the Planning Board, due to physical constraints of the site. Dry wells shall be equipped with oil, grease, and sediment traps.
Practices for controlling erosion and sedimentation shall be selected from the New York Guidelines for Urban Erosion and Sediment Control and the DEC manual "Reducing the Impacts of Stormwater Runoff from New Development."
The applicant shall prepare a stormwater management and erosion control plan using the outline presented in Chapter 4 of the DEC manual "Reducing the Impacts of Stormwater Runoff from New Development." The stormwater management and erosion control plan prepared by the applicant shall include, at a minimum, the following components:
Background information about the scope of the project;
A statement of stormwater management and erosion and sediment control objectives;
A comparison of post-development stormwater runoff conditions with predevelopment conditions. The applicant shall submit calculations of the volume of stormwater runoff and peak stormwater discharge rates under predevelopment and post-development conditions for each of the following: the one-year, two-year, ten-year and one-hundred-year twenty-four-hour storm event. The applicant shall use the methodology described in the Soil Conservation Service's TR-20 or TR-55;
A description of proposed structural and vegetative stormwater management measures, including treatment for the first flush, to ensure that the quantity, temporal distribution, and quality of stormwater runoff during and after development is not substantially altered from predevelopment conditions. The applicant shall apply the standards and criteria for designing stormwater facilities to capture and treat the first flush as described in Chapters 5 and 6 of the DEC manual "Reducing the Impacts of Stormwater Runoff from New Development";
A description of the temporary erosion and sediment control facilities to be used during land clearing, land grading, and the construction phase;
A description of permanent erosion and sediment control facilities;
A description of the implementation schedule for staging of all stormwater management facilities that includes coordination with staging of erosion and sediment control facilities and construction activities; and
A maintenance plan that describes the type and frequency of maintenance required by the stormwater management and erosion and sediment control facilities, arrangements for ensuring long-term maintenance of stormwater management and erosion and sediment control facilities, backup contingency plans, and the person(s) responsible for implementing the maintenance plan and performing the described maintenance.
The Planning Board may require that, in addition to the preparation of a stormwater management and erosion control plan, the applicant prepare a concise summary report that presents the pertinent information and conclusions contained in the stormwater management and erosion control plan.
Petroleum storage. Proposed uses within the Wellhead Protection Overlay Zone are required to meet the following standards for storage of petroleum in new or replacement storage tanks and/or containers:
The storage of petroleum in underground or aboveground tanks with a combined storage capacity of over 1,100 gallons shall be in accordance with the standards of the New York State Department of Environmental Conservation Rules and Regulations for Petroleum Bulk Storage, 6 NYCRR 614. Additional design requirements for underground and aboveground storage tanks shall include the following:
Piping for all underground storage tanks and all aboveground storage tanks shall be equipped with secondary containment constructed of product-tight materials.
Piping for all underground storage tanks and all aboveground storage tanks shall be equipped with a leak monitoring system.
All aboveground tanks shall be equipped with a dike, berm or other secondary containment structure constructed of material that is impervious to the product stored in the tank. This containment structure shall be designed to contain at least 120% of the volume of the largest tank enclosed by the containment structure.
All outdoor storage areas, loading docks, and product transfer areas shall be equipped with a permanent covering of roof to protect tanks from adverse weather conditions and to prevent stormwater from accumulating in the containment areas.
All loading docks and product transfer areas shall be equipped with a spill pump which empties into a holding tank to catch and store any spilled petroleum and accumulated stormwater within the containment area until such time as it can be removed and properly treated and/or disposed of.
All aboveground tanks shall be equipped with visual gauges to monitor fluid levels.
Storage areas shall be secured against unauthorized entry.
Indoor storage areas for petroleum shall meet all applicable local, state and federal requirements and the design requirements listed below. Indoor storage areas for petroleum used for on-site consumption and the indoor storage of petroleum in quantities necessary for household use (operating lawn care equipment, recreational vehicles, snow blowers, etc.) shall be exempt from the design requirements for indoor storage areas.
Petroleum shall be stored in containers equipped with a lid.
All storage areas shall be equipped with a pad and a dike, berm or other secondary containment structure constructed of material that is impervious to the product stored in the tank. This containment structure shall be designed to contain at least 120% of the volume of the largest container enclosed by the structure.
No storage areas shall be located in proximity to floor drains.
Storage areas shall be secured against unauthorized entry.
A spill control plan shall be prepared for any facility that stores petroleum. Facilities that only store petroleum for on-site consumption and the storage of petroleum in quantities necessary for normal household use (operating lawn care equipment, recreational vehicles, snow blowers, etc.) shall be exempt from the requirement to prepare a spill control plan. The spill control plan shall be posted in a conspicuous location. The spill control plan shall include, at a minimum, the following components:
A site plan illustrating the direction of stormwater and groundwater flow;
A description of operational procedures;
A description of potential spill sources;
The spill response training program for the employees;
The names and telephone numbers of the person or persons responsible for responding to the spill;
The procedures for containing and cleaning up the spill; and
Following site development, periodic inspections of facilities involved in petroleum bulk storage may be performed to ensure that these facilities pose no threat to the water supply. To conduct such periodic inspections, the Building Inspector or his/her designee(s) will notify the owner and/or his/her designee(s) by telephone and in writing of the planned inspection. The owner and/or his/her designee(s) shall grant the Building Inspector or his/her designee(s) access to the site and the petroleum bulk storage facilities for the purpose of a periodic inspection at a mutually agreeable time within 72 hours of notice of the inspection. This aforementioned requirement for prior notification may be waived and the site accessed immediately by the Building Inspector if he/she has reason to suspect an imminent threat exists to the public health, safety and/or welfare. The purpose of these inspections is to ascertain whether petroleum bulk storage facilities are in good operating condition and the facility is in compliance with the applicable requirements and standards of this section.
Hazardous substance storage. Proposed uses within the Wellhead Protection Overlay Zone are required to meet the following standards for storage of hazardous substances in new or replacement storage tanks or containers:
The underground storage or outdoor, aboveground storage of hazardous substances, including pesticides, herbicides, and fertilizers, is prohibited.
Indoor storage areas for quantities of hazardous substances, including pesticides, herbicides, and fertilizers, that total more than 250 pounds dry weight or 50 gallons liquid shall meet all applicable federal and state requirements and the additional design standards and requirements listed below. The indoor storage of hazardous substances, including pesticides, herbicides and fertilizers, in their original, sealed containers for the purposes of resale, shall only be exempt from the following three requirements and standards for indoor storage areas as specified in this Subsection F(3)(c), Hazardous substance storage: Subsection F(3)(c)[2][c], [d] and [e].
All products shall be stored in product-tight containers equipped with a lid.
Each container shall be clearly and visibly labeled.
Drip pans shall be located under the spigots of drums or containers that are stored in a horizontal position on racks to catch spills/leaks. Drip pans shall be routinely emptied and the contents recycled, reused, or disposed of appropriately.
All storage areas shall be equipped with a pad and a dike, berm or other containment structure constructed of material that is impervious to the product stored in the tank, This containment structure shall be designed to contain at least 120% of the volume of the largest containers enclosed by the structure.
Storage areas shall be inspected by the applicant at least once a week for signs of leaks or spills and the aisle space between containers shall be adequate to allow for inspections. A summary report, noting the results of weekly inspections, shall be prepared every six months and sent to the Building Inspector.
Absorbent materials such as kitty litter, sawdust, soil, or clay shall be kept on hand for emergency cleanups and containment in the event of a spill.
No storage areas shall be located in proximity to floor drains.
Storage areas shall be secured against unauthorized entry.
An accurate log or inventory of materials stored on site shall be maintained and provided to the Building Inspector annually.
A spill control plan shall be approved and shall be posted in a conspicuous location. The indoor storage of hazardous substances, including pesticides, herbicides, and fertilizers, in quantities necessary for normal household use or agricultural use, shall be exempt from the requirement to prepare a spill control plan. The spill control plan shall include, at a minimum, the following components:
A site plan illustrating the direction of stormwater and groundwater flow;
A description of operational procedures;
A description of potential spill sources;
The spill response training program for the employees;
The names and telephone numbers of the person or persons responsible for responding to the spill; and
Following site development, periodic inspections of facilities that use or store hazardous substances may be performed to ensure that these facilities pose no threat to the water supply. To conduct such periodic inspections, the Building Inspector or his/her designee(s) will notify the owner and/or his/her designee(s) by telephone and in writing of the planned inspection. The owner and/or his/her designee(s) shall grant the Building Inspector or his/her designee(s) access to the site and the hazardous substance storage facilities for the purpose of a periodic inspection at a mutually agreeable time within 72 hours of notice of the inspection. This aforementioned requirement for prior notification may be waived and the site accessed immediately by the Building Inspector if he/she has reason to suspect an imminent threat exists to the public health, safety and/or welfare. The purpose of these inspections is to ascertain whether aboveground storage containers for hazardous substances are in good operating condition and the facility is in compliance with the applicable requirements and standards of this section.
Individual sewage treatment system design requirements.
Individual sewage treatment systems shall comply with all applicable requirements of the Genesee County Sanitary Code and any applicable rules and regulations of the New York Health Department or Department of Environmental Conservation.
A proposed use in the Wellhead Protection Overlay District is also required to meet the following standards for the design of residential and nonresidential individual sewage treatment systems:
Monitoring wells.
At is sole discretion, the Planning Board may require the provision of monitoring wells as a condition of site plan approval for uses located within the Wellhead Protection Overlay District. When monitoring wells are required, a minimum of three groundwater monitoring wells shall be installed prior to site development for the purposes of evaluating predevelopment and post-development groundwater quality, groundwater flow direction, and groundwater elevation.
As other regulations and setback requirements permit, one well shall be installed near an upgradient property boundary, one well shall be installed near a downgradient property boundary, and one well shall be installed between the two upgradient and downgradient wells to facilitate the calculation of groundwater flow direction.
The specific location of the monitoring wells shall be determined by a professional geologist, hydrogeologist, engineer, or other qualified expert trained and experienced in hydrogeology. The location of the monitoring wells shall be approved by the Planning Board prior to site development.
Prior to site development, a groundwater sample shall be collected from each of the monitoring wells and submitted to a New York State certified analytical laboratory for analysis of nitrate-nitrogen, sodium, chloride, coliform bacteria and other appropriate parameters that represent each of the petroleum or hazardous substances proposed to be used, stored or disposed of on site. Groundwater elevations shall also be recorded and groundwater flow direction shall be calculated.
Three months after site development has been completed, a groundwater sample shall be collected from each of the monitoring wells and submitted to a New York State certified analytical laboratory for analysis of each of the parameters tested for under predevelopment conditions. Groundwater elevations shall also be recorded and groundwater flow direction shall be calculated.
An initial summary report shall be prepared that describes predevelopment and post-development groundwater quality, groundwater elevation and groundwater flow direction. This initial summary report shall be submitted to the Building Inspector within six months of the completion of site development.
Following the submission of the initial summary report, the applicant shall begin a monitoring program that includes one sampling event each year during the wet season, defined as the months of March, April, May, September, October and November. Groundwater samples shall be collected from each of the monitoring wells and submitted to a New York State certified analytical laboratory for analysis of the parameters evaluated under predevelopment conditions and/or additional parameters to reflect a change in the type of substances used, stored, or disposed of on site. Groundwater elevations shall be recorded, and groundwater flow direction shall be calculated. An annual summary report that describes trends in groundwater quality and groundwater flow direction shall be provided to the Building Inspector within three months of the annual sampling event.
The costs of installing and operating the monitoring wells, including sampling and laboratory analysis, and preparing the required summary reports shall be borne by the owner or applicant. Access to the monitoring wells shall be provided to the Planning Board and/or its designee(s) for purposes of any additional water quality sampling deemed appropriate by the Planning Board.
Floor drains. Floor drains for other than one- and two-family dwellings are required to be connected to a holding tank or an oil and grit separating tank that is connected to either an approved on-site wastewater treatment system or a municipal sanitary sewer system. Floor drains which are connected to the sanitary sewer must meet discharge limits and permit requirements established by the authority having jurisdiction.
Hazardous waste storage and disposal.
Proposed uses within the Wellhead Protection Overlay Zone are required to meet the following standards for hazardous waste disposal:
The underground storage or outdoor, aboveground storage of hazardous waste is prohibited.
The owner or applicant shall demonstrate the availability and feasibility of indoor storage and proper disposal methods which are in conformance with all applicable local, state and federal laws for any hazardous waste to be produced in quantities greater than those associated with normal household or agricultural use. The owner or applicant shall also demonstrate that wastes will be properly handled and stored until disposed of by a licensed waste hauler.
If a spill control plan is required by this chapter for the storage of petroleum or hazardous substances, the spill control plan shall include provisions for responding to an accidental discharge of hazardous waste and shall include, at a minimum, the following additional components that specifically address hazardous waste:
A description of potential hazardous waste spill sources;
The hazardous waste spill response training program for the employees;
The names, addresses, and telephone numbers of the person or persons responsible for responding to the hazardous waste spill;
The procedures for containing and cleaning up the hazardous waste spill; and
The procedure for notifying the Fire Department, Building Inspector, Town of Batavia officials and other appropriate local and state officials of a hazardous waste spill, leak or other reportable discharge as defined in 6 NYCRR 372, Hazardous Waste Manifest System and Related Standards for Generators, Transporters, and Facilities.
Following site development periodic inspections of facilities that use or store hazardous substances may be performed to ensure that these facilities pose no threat to the water supply. To conduct such periodic inspections, the Building Inspector or his/her designee(s) will notify the owner and/or his/her designee(s) by telephone and in writing of the planned inspection. The owner and/or his/her designee(s) shall grant the Building Inspector or his/her designee(s) access to the site and the hazardous substance storage facilities for the purpose of a periodic inspection at a mutually agreeable time within 72 hours of notice of the inspection. This aforementioned requirement for prior notification may be waived and the site accessed immediately by the Building Inspector if he/she has reason to suspect an imminent threat exists to the public health, safety and/or welfare.
Road salt storage and application.
Safe alternatives to road salt, defined as sodium chloride, such as calcium chloride and sand, shall be used whenever possible. Signs shall be posted along roadways that receive no salt or reduced salt application to inform motorists.
Pesticide application.
A proposed use within the Wellhead Protection Overlay Zone is required to meet the following standards:
The application of liquid or solid pesticides, herbicides, or chemical fertilizers shall be performed in accordance with the recommendations and label of the manufacturer.
Nonagricultural use of liquid or solid fertilizers, pesticides, and herbicides shall be in conformance with the Best Management Practices described in materials developed by the Cornell Cooperative Extension which are available from the Municipal Clerk's office and the Planning Board.
Empty containers and unused pesticides and herbicides shall be disposed of properly.
Property owners who enlist the services of a commercial pesticide or herbicide applicator shall ensure that the applicator is certified and licensed by the New York State Department of Environmental Conservation.
Agricultural use of liquid or solid fertilizers, including the land application of manure, and the use of liquid or solid pesticides and herbicides shall be in conformance with the Best Management Practices described in the DEC manual "Controlling Agricultural Nonpoint Source Water Pollution in New York State - A Guide to the Selection of Best Management Practices to Improve and Protect Water Quality" and/or Best Management Practices as developed by the New York State Soil and Water Conservation Committee and implemented by the use of farm plans prepared by the Genesee County Soil and Water Conservation District.
As applicable, all pesticide and herbicide use and application shall be under permit as provided in the New York State Environmental Conservation Law, Article 33.
Disposal of containers or unused pesticides and herbicides is prohibited except in accordance with the permit issued as provided in the New York State Environmental Conservation Law, Article 33.
Disposal of water used for makeup water or for washing of equipment is prohibited except pursuant to permit issued as provided in the New York State Environmental Conservation Law, Article 33.
Use of streams or watercourses for makeup water or washing equipment used in conjunction with pesticides and herbicides is prohibited.
§ 235-33.1 Table of uses.
[Added 2-20-2008 by L.L. No. 2-2008]
A summary of the permitted uses and uses allowed with a special use permit for each zoning district is provided in Schedule B, which is incorporated herein and made a part of this chapter.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.