Clinton Village City Zoning Code
ARTICLE V
Use Regulations
§ 260-9 R-1 Residence District.
In any R-1 Residence District, no building shall be erected or extended and no land or building or part thereof shall be used for other than any of the following purposes:
A.
One- and two-family dwelling units.
B.
Multifamily dwelling units in existing structures, provided that parking and lot area requirements shall be met.
C.
Church, church school building or other place of worship or religious education, convent, parish house or rectory.
D.
Public library, public museum or similar public building, public school, parochial school, nursery school, day-care site, or school operated by a nonstock corporation under the education laws of the state.
E.
Public park or playground, fire house or other public use or structure necessary to the protection or servicing of the neighborhood.
F.
Cemetery.
G.
Modular dwellings.
H.
Off-street parking as required in § 260-25.
I.
Satellite antenna; restrictions are as follows:
(1)
Maximum pedestal height: 12 feet.
(2)
Maximum distance across antenna: nine feet.
(3)
Minimum setback from all property lines: five feet.
(4)
Screening. Antennas larger than twenty-four-inch diameter must be screened by either a hedge of trees at least eight feet tall or fencing of similar height. The hedge must be maintained in living condition.
(5)
No satellite antenna shall be located in a front or side yard.
J.
Customary accessory uses and buildings, including solar energy systems, provided such uses and buildings are clearly incidental to the principal use and do not include any activity commonly conducted as a business. No guarantee is hereby given that all property within the Village of Clinton is entitled to any type of solar design or wind systems. However, as a general policy, reasonable care should be taken to protect the opportunity for the utilization of solar collectors, storage facilities and distribution components for space heating and cooling, and/or domestic water heating.
K.
Home occupation. Employment beyond resident family members shall not exceed one man/year per calendar year. The extent of such use shall not exceed 25% of the gross floor area of the dwelling unit. There shall be no evidence visible from the exterior of such dwelling unit of such home occupation, except one announcement or professional sign not exceeding two square feet in area, which sign shall not be located in any required yard, and, if illuminated, the source of the light shall not be visible, nor shall illumination be flashing or intermittent.
L.
Swimming pools. Any private, semiprivate or public swimming, bathing, wading pool, man-made pond or tank above or below the ground of a permanent or temporary nature which has a depth of more than 24 inches and a water surface of more than 100 square feet and is designed or intended for such use. No pool shall be installed, constructed or substantially altered until the Code Enforcement Officer has issued a building permit. Every pool shall be completely surrounded by a wall, link fence or other substantial enclosure not less than four feet in height, with a gate that can be locked. No pool or accessory building shall be located nearer to a street line or to a side or rear property line than would be allowed for accessory buildings in §§ 260-18 and 260-31 of this chapter. No artificial lighting shall be used in connection with a pool so as to be nuisance to neighboring properties. Such lighting shall not shine directly upon abutting property. No overhead electrical lines shall be maintained within 20 feet of the nearest portion of a pool or appurtenance. The discharge of water into a storm sewer shall be permitted only where the capacity is adequate as determined by the Village Superintendent of Public Works. No pool drain shall be connected to the sanitary sewer system or any sewage disposal system. The discharges of said water shall in no case cause or create a nuisance to the abutting property, and the discharge of water upon the property of others shall be deemed a nuisance.
M.
Hospital, nursing home, medical clinic, sanitarium, doctors' offices, convalescent homes and similar uses. (Note: Approval of Planning Board site plan review is required for this usage.)
N.
Municipal or public utility structure or station necessary to the installation or maintenance of utility services in and for the Village. (Note: Approval of Planning Board site plan review is required for this usage.)
O.
Wind Energy Conversion Systems (WECS). WECS shall be located not closer to any adjacent property line or street than the height of the WECS structure. The height of the WECS shall not normally exceed the maximum building height specified in Schedule A[1] of this chapter for R-1 Districts, i.e. 35 feet; however, owners of property that exceeds 5,000 square feet may apply for a variance to build a WECS over 35 feet high. Climbing apparatus must stop 12 feet short of the ground. The Village Board of Trustees reserves the right to suspend the special use permits for this use if interference to television/radio reception becomes evident. Proof of insurance must be provided before a permit may be issued. (Note: Approval of Planning Board site plan review is required for this usage.)
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
§ 260-10 R-2P Planned Residence District.
Purposes. This section applies to new residence districts where the Village Board and the Village Planning Board are active participants in the planning and decision process, and where the strict requirements of this chapter may be modified on an individual basis so that economies of scale, reuse of existing buildings, or creative architectural or planning concepts may be used by the developer without departing from the spirit and intent of this chapter. To insure that the regulations of this section are so interpreted and applied that the benefit of this chapter to the residents or occupants of the planned residential district and the residents or occupants of adjacent properties will be protected.
A.
District regulations (see Schedule A).[1]
(1)
Uses permitted in the R-2P Planned Residence District:
(a)
One-family dwelling units.
(b)
Two-family dwelling units.
(c)
Multifamily dwelling units, i.e. townhouses, apartments and condominiums.
(d)
Neighborhood parks or playgrounds.
(e)
Customary accessory uses and buildings, provided such uses and buildings are clearly incidental to the principal use and do not include any activity commonly conducted as a business.
(2)
Area.
(a)
A planned residence district shall have a minimum of 30,000 square feet.
(b)
The calculation of area for a planned residence district shall not include easements, existing parks, existing streets, or otherwise dedicated land.
(3)
Yard dimensions shall be subject to the approval of the approving authority.
(4)
Maximum building coverage shall be specified in Schedule A, Regulations.[2]
[2]
Editor's Note: Schedule A is included as an attachment to this chapter.
(5)
Building height shall be specified in Schedule A, Regulations.[3]
[3]
Editor's Note: Schedule A is included as an attachment to this chapter.
(6)
Ingress and egress shall be subject to the approval of the approving authority.
(7)
Off-street parking.
(a)
Off-street parking requirements shall be subject to the approval of the approving authority.
(b)
The requirements of § 260-25 of this chapter shall be used as guidelines in reviewing and approving off-street parking proposals.
(8)
Any proposed planned residential district within the Wellhead Protection Overlay District is also subject to the approvals and requirements set forth in § 260-13 of this chapter with respect to wellhead areas and recharge aquifers.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.
Administrative procedures and submittal requirements; procedure to amend this chapter and/or the Zoning Map as to an R-2P District.
(1)
Petition to Village Board.
(a)
All applications for designation of a planned residence district shall be submitted to the Village Clerk as petitions for amendment to this chapter.
(b)
The applicant shall furnish sufficient sets of data to allow one set to be given to each of the following: Village Board, Village Planning Board, Village Planning Consultant (if any) and the Oneida County Planning Department. Each set shall consist of basic data pertaining to the boundaries of the proposed planned district (including a metes and bounds description), existing zoning, proposed residential density, a completed environmental assessment form (EAF) [or draft environmental impact statement (DEIS)] complying with the provisions of the State Environmental Quality Review Act (SEQRA), and such preliminary plans as may be required for an understanding of the proposed development.
(c)
The Village Clerk shall, within 10 days after receipt of the application, forward one set to each of the following: Village Board, Village Planning Board, Village Planning Consultant (if any) and the Oneida County Planning Department.
(d)
Establishment of a planned residence district is a rezoning action and is subject to SEQR. The Village Board will serve as lead agency; however, the Village Board may defer the role of SEQR lead agency to the Village Planning Board. The lead agency shall hold a public hearing pursuant to SEQRA. If the lead agency determines that an environmental impact statement will be prepared for the proposal in question, all time periods and deadlines are stayed until a draft environmental impact statement has been filed. An application is not complete, and therefore, the review process does not start, until a determination of no significance has been made or until a draft environmental impact statement (DEIS) or generic EIS has been completed and the SEQR process concluded.
(2)
County Planning Department review.
(a)
The County Planning Department has 30 days from the date of referral to prepare its review. If the proposal lies within the area of county review jurisdiction pursuant to General Municipal Law, this referral shall be deemed to be in accordance with the county review requirement. If the proposal lies outside of county jurisdiction, the county review shall only be advisory.
(b)
The requirements of § 260-25 of this chapter shall be used as guidelines in reviewing and approving off-street parking proposals.
(c)
If the county has not completed its review within 30 days, the petition shall be considered approved; provided, however, that the Village Board may grant the county an extension of the county review period if requested.
(3)
Village Planning Consultant review.
(a)
The Village Planning Consultant (if any) shall prepare a review for consideration at the next Village Planning Board meeting or informal public hearing, whichever occurs first.
(b)
The Village Planning Consultant's review shall be included in the Village Planning Board's report to the Village Board.
(4)
Village Planning Board review.
(a)
The Village Planning Board shall review each planned residence district application and may require such changes in the preliminary plans as are found to be necessary to meet requirements of this chapter to protect the established or permitted uses in the vicinity, and to promote the orderly growth and sound development of the community. In reaching its decision on the proposed development and changes, if any, in the preliminary plans, the Planning Board shall consider the following, among other things:
[1]
The existing character of the neighborhood and the compatibility of proposed use.
[2]
The location and height of principal and accessory buildings on the site in relation to one another, to property lines and to other structures in the vicinity.
[3]
The pedestrian circulation and open space in relation to structures and driveways.
[4]
The traffic circulation features to and within the site, and the amount, location of, and access to, parking and loading areas.
[5]
The proposed location, type and size of signs, driveways, loading zones, and landscape features. Only identification and nonadvertising signs shall be permitted, the design and location of which shall be compatible with the architecture on the premises and the character of the neighborhood. The developer shall make every reasonable effort to retain existing plantings and trees four inches or more in diameter and shall indicate on the site plan those trees and plantings that are to be so retained.
[6]
The safeguards provided to minimize possible detrimental effects of proposed use on adjacent properties and to the neighborhood in general.
[7]
Adequate storm and surface drainage and sanitary waste disposal on and adjacent to the site.
[8]
Fencing, screening, and lighting in relation to adjacent properties. Only indirect nonflashing lighting shall be permitted, including that associated with any permitted sign. Such direct lighting as may be reasonably required to illuminate entrances and parking areas shall be permitted, but such lighting shall be so placed and shielded as to reasonably confine the illumination to the subject property.
[9]
The need for the proposed land use in the proposed location.
[10]
Protection of the wellhead areas and aquifer recharge areas that provide drinking water for the municipal wells operated by the Village of Clinton. In evaluating the protection of the wellhead areas, aquifer recharge areas, and the water supplies, 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 which would result if the control measures failed.
(b)
The Planning Board may hold an informal hearing on the proposal. The hearing results shall be submitted in writing to the Village Board. Notification by the Planning Board of the impending hearing shall appear 10 days prior to the hearing as a news item in the official newspaper.
(c)
The Planning Board shall approve, approve with modifications or disapprove, and shall report its findings to the Village Board within 62 days following the date of referral to the Planning Board by the Village Board. Planning Board approval of the preliminary plans shall not constitute or imply a permit for or approval of construction plans. Failure of the Planning Board to act within the 62 days, or such longer period as may be consented to, shall be deemed to be a recommendation for approval of the plan as submitted.
(d)
The Planning Board report to the Village Board shall include a written recommendation and a summary of its reasons for the recommendation. Such summary shall make reference to the review considerations contained in Subsection B(4)(a)[1] through [9] of Subsection B(4), Village Planning Board review, above. The review of the Planning Consultant (if any) shall be included. The report shall be filed with the Village Clerk.
(5)
Village Board action.
(a)
Upon the filing of the report with the Village Clerk, the Village Board shall, within 60 days, hold a public hearing on the proposal.
(b)
The Village Board may thereafter amend the Zoning Map so as to establish the proposed planned residence district and define the boundaries thereof. Such action shall have the effect only of establishing a planned residence district for the use proposed by the applicant. Amendments of the Zoning Map shall not constitute authorization to develop in the district. Such authorization within a planned residence district may be granted in accordance with the procedure contained in Subsection B(6) below.
(c)
In the event that no application to approve a building project is made within one year from the date that the Zoning Map amendment establishing the R-2P District becomes effective, the Planning Board shall notify the Village Board and the Village Board may, on its own action, institute a Zoning Map amendment to return the R-2P District to its original designation.
(6)
Procedure to approve a building project within an established R-2P District; application.
(a)
Application for construction of a building project within an established planned district shall be made to the Village Code Enforcement Officer.
(b)
An application shall include four sets of explanatory material as may be required for a full understanding of the proposed building project. Such material may include written narrative, maps, plans, or other graphic materials, and information regarding topography, building types and layout, setbacks, off-street parking and loading, ingress and egress, signs and existing and proposed amenities, such as screening, planting and ornamental features. The application shall also include a SWPPP prepared in accordance with the NYS SPDES general permit for construction activities GP-02-01 and Chapter 196, Stormwater Management, of the Code of the Village of Clinton.
(c)
The Village Code Enforcement Officer shall forward one set to the Village Planning Board, one set to the Oneida County Planning Department, and one set to a Village Planning Consultant(s), if any, within 10 days after receipt of the application.
(7)
Designation of approving authority.
(a)
The Village Planning Board is designated as the approving authority subject to the Village Board review authority contained in the subsection below.
(b)
The following procedures shall apply:
[1]
Quorum. A quorum shall consist of a majority of the Village Planning Board.
[2]
Planning Board Acting Chairman. If the Village Planning Board Chairman is absent, the Planning Board shall, at the start of the meeting, elect an Acting Chairman.
[3]
Voting. No action shall be taken unless there is a minimum of three votes in favor or against the respective petition.
(8)
Village Planning Consultant review. The Village Planning Consultant, if any, shall conduct a review at the direction of the Village Planning Board.
(9)
County Planning Department review.
(a)
The County Planning Department shall have 30 days from the date of referral to prepare its review. If the proposal lies within the area of county review jurisdiction pursuant to §§ 239-l and 239-m of the General Municipal Law, this referral shall be deemed to be in accordance with the county review requirement. If the proposal lies outside of county jurisdiction, the county review shall only be advisory.
(b)
If the county has not completed its review within 30 days, the petition shall be considered approved; provided, however, that the Village Board may grant the county an extension of the county review period if requested.
(10)
Approving authority review and action.
(a)
The Village Planning Board shall review the building project application as provided in § 260-16B(5), Review criteria.
(b)
The Village Planning Board shall hold a public hearing on the building project application.
(c)
The Village Planning Board shall approve, approve with modifications, or disapprove the application within 62 days following the date of its designation as such authority, and forthwith file its decision with the Village Clerk; provided, however, that this review period may be extended up to 62 additional days if mutually agreed to by the Village Planning Board and the applicant. Thereupon, within 90 days, the applicant shall file with the Village Clerk for final site plan, or final plan of any subdivision proposed and shall make application for a building permit or permits in accordance with the proposal as finally approved.
(d)
The Code Enforcement Officer may issue a building permit only after construction plans and specifications have been filed and approved in accordance with the above procedure.
(e)
Approval of the building project application shall run with the land and shall not lapse or be waived as a result of any subsequent change in tenancy or ownership of any or all of said area. Approval of the building project application shall bind the applicant and all successors in title or interest to constructing the project only in accordance with the building project application as approved by the Village Planning Board.
(f)
Modifications to the building project may be considered and approved by the Village Planning Board only after the entire procedure to approve a building project within an established R-2P District has been appealed. In this procedure the applicant need only submit data pertaining to the proposed modifications.
(g)
The applicant for final approval may appeal to the Village Board a decision of the Village Planning Board denying final approval or granting final approval subject to conditions with which the applicant is unwilling to comply. Such appeal shall be taken within 30 days of the filing with the Village Clerk of the decision of the Village Planning Board.
(h)
If construction work in the proposed building project is not begun within time limits specified by the building permit, or if such work is not completed within the period of time specified by such permit, approval of the project application shall become null and void and all rights therein shall cease, unless the Village Board for good cause authorizes an extension.
(11)
Certificate of occupancy. No building within a planned residence district shall be occupied until the Code Enforcement Officer, pursuant to § 260-35 of this chapter, has issued a certificate of occupancy.
§ 260-11 C-1 Commercial District.
In any C-1 Commercial District, no building shall be erected or extended and no land or building or part thereof shall be used except for any of the following purposes:
A.
Dwelling, multifamily.
B.
Retail and service businesses.
C.
Business, professional or government office.
D.
Bank or other financial institution.
E.
Educational, charitable, religious or philanthropic institution.
F.
Hotel, motel or tourist home or rooming house.
G.
Restaurant or other place for serving food or beverages.
H.
Club, lodge, social and recreational buildings.
I.
Music, dance, and theatrical studios.
J.
Motor vehicle sales, service and/or repairs.
K.
Municipal or public utility office.
L.
Dry cleaning and pressing.
M.
Laundries, hand or automatic self-service.
N.
Theater.
O.
Funeral home. (Note: Approval of Planning Board site plan review is required for this usage.)
P.
Gasoline station. (Note: Approval of Planning Board site plan review is required for this usage.)
§ 260-12 C-2 General Commercial District.
In any C-2 General Commercial District, no building should be erected or extended and no land or building or part thereof shall be used except for any of the following purposes:
A.
Any use permitted by right or approval of the Board of Appeals in the C-1 Commercial District.
B.
Commercial recreation.
C.
Motor vehicle body repair shop.
D.
Farm implement, boat, mobile home or trailer sales or rental.
E.
Laundry or dry-cleaning plant.
F.
Warehouse or storage.
G.
Building supplies.
H.
Feed or fuel storage or sales.
I.
Cabinet, air-conditioning, plumbing, or electrical shop.
J.
Customary accessory uses.
K.
Car wash. (Note: Approval of Planning Board site plan review is required for this usage.)
L.
Drive-through services. (Note: Approval of Planning Board site plan review is required for this usage.)
§ 260-13 WHP Wellhead Protection Overlay District.
Any use wholly or partially within the Wellhead Protection Overlay District and that is required to comply with additional requirements as outlined within Article XII, § 260-41B, Use variances, Article V, § 260-13, Wellhead Protection Overlay District, and Schedules A-2 and A-3 of this chapter[1] shall also be subject to the site plan review process described within Article VII, § 260-16.
A.
Purpose. The purpose of this overlay district is to delineate those areas of the Village which are important to ensuring a safe and healthful drinking water supply for the Village of Clinton, local residents, employees, and the general public through the preservation of the Village's groundwater resources. The designation of two Wellhead Protection Overlay Districts and the careful regulation of development activities within these districts will reduce the potential for groundwater contamination. The purpose of the Wellhead Protection Overlay District is to preserve and maintain the existing and potential groundwater supplies, aquifers, and aquifer recharge areas of the Village, and protect them from adverse development or land use practices. The Wellhead Protection Overlay District is also intended to help conserve the natural resources of the Village and prevent pollution of the environment.
B.
General process. The Wellhead Protection Overlay District shall be considered as overlaying other districts as shown on the Zoning Map for the Village of Clinton. Any use not permitted in the underlying districts shall not be permitted in the Wellhead Protection Overlay District. Any use permitted in the underlying districts shall be permitted in the Wellhead Protection Overlay District, except where the Wellhead Protection Overlay District prohibits or imposes greater or additional restrictions and requirements. In any cases where conflicts arise between these regulations and any other existing regulations, the more restrictive regulations shall apply.
C.
Determination of presence and significance of the Wellhead Protection Overlay District. For the purposes of the Wellhead Protection Overlay District, there are hereby established within the Village of Clinton two Wellhead Protection Overlay Districts which consist of any aquifer, the land above an aquifer, and significant aquifer recharge areas that may supply water to the municipal wells. The establishment of these districts is delineated in the maps of the Wellhead Protection Overlay Districts attached hereto and made a part hereof and confirmed by information set forth in the Technical Guidance Memorandum (September 9, 2004) between the Village of Clinton and the Herkimer-Oneida Counties Comprehensive Planning Program. The overlay map and the Technical Guidance Memorandum will be kept available in the Village Clerk's Office. These Wellhead Protection Overlay Districts for the Village of Clinton are described as follows:
(1)
Wellhead Protection Overlay District 2 (WPOD-2): As delineated, Wellhead Protection Overlay District 2 shall include properties that are wholly or partially within the five-year time of travel boundary of the municipal wells.
(2)
Wellhead Protection Overlay District 3 (WPOD-3): As delineated, Wellhead Protection Overlay District 3 shall include those areas within the aquifer boundary of the valley-fill aquifer as delineated by the USGS in the 1989 report titled "Hydrogeology of the Stratified-Drift Aquifers in the Utica Area, Oneida County, New York". Wellhead Protection Overlay District 3 excludes those areas already described as part of Wellhead Protection Overlay District 2.
(3)
Note: The Village of Clinton wells do contain an additional wellhead protection area, however, Wellhead Protection Overlay District 1 (WPOD 1), which includes properties that are wholly or partially within the one-year time of travel boundary of the municipal well, is not within the municipal boundaries of the Village of Clinton and, therefore, is not made part of this chapter.
D.
Use regulations for the Wellhead Protection Overlay Districts.
(1)
Prohibited uses and activities. Within all of the Wellhead Protection Overlay Districts, the following uses and activities are specifically prohibited:
(a)
Chemical/bacteriological laboratories;
(b)
Sanitary landfills, including construction and demolition debris landfills;
(c)
Junkyards or motor vehicle salvage operations;
(d)
Disposal of snow that contains de-icing chemicals and that has been transported from areas outside the Village of Clinton;
(e)
Concentrated agricultural operations;
(f)
Storage of animal manure not being used for the primary purpose of agriculture;
(g)
Surface land application of septage, sludge, or human excreta; and
(h)
The discharge, surface land application or disposal of any hazardous substance, hazardous waste, petroleum, or radioactive material.
(2)
Additional prohibited uses and activities. Additional prohibited uses and activities specific to WPOD-2 and WPOD-3 are listed in Schedules A-2 and A-3.[2]
[2]
Editor's Note: Schedules A-2 and A-3 are included as attachments to this chapter.
(3)
Permitted uses. All uses currently permitted in the underlying district are permitted in the Wellhead Protection Overlay District subject to the additional requirements as indicated in Schedules A-2 and A-3, § 260-13, and the site plan review process described within Article VII, § 260-16.
E.
Requirements and standards for the Wellhead Protection Overlay District. The following requirements and standards shall be observed for proposed uses located within the Wellhead Protection Overlay District and as indicated in Schedules A-2 and A-3.[3]
(1)
Lot coverage:
(a)
For each use proposed within a specific Wellhead Protection Overlay District, the stricter requirement for maximum allowable lot coverage, whether it be specified within the underlying district or within the requirements for the Wellhead Protection Overlay District, shall apply.
(b)
The area of existing, natural vegetation to be left on a lot shall be located so as to maximize the distances between any surface water body, private well, or municipal well and the impervious surfaces, fertilized vegetation, and/or on-site stormwater treatment systems.
(c)
WPOD-2: Any use within WPOD-2 shall not exceed 20% impervious surface area, or retain less than 40% of the existing, natural vegetation on the lot. Proposed areas of fertilized vegetation shall be located at the farthest practical location from any surface water body, private well, or municipal well.
(d)
WPOD-3: Any use within WPOD-3 shall not exceed 25% impervious surface area, or retain less than 30% of the existing, natural vegetation on the lot. Proposed areas of fertilized vegetation shall be located at the farthest practical location from any surface water body, private well, or municipal well.
(2)
Runoff/drainage:
(a)
As may be indicated on Schedules A-2 and A-3,[4] post-development conditions for a proposed use within a Wellhead Protection Overlay District shall not result in any increase in the frequency and/or 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.
[4]
Editor's Note: Schedules A-2 and A-3 are included as attachments to this chapter.
(b)
Stormwater runoff shall be adequately treated to prevent water quality degradation of the receiving water body, including groundwater.
(c)
All proposed uses within a Wellhead Protection Overlay District shall meet the performance and design criteria for stormwater management and erosion/sediment control as specified in § 260-13E(8) of this chapter.
(3)
Pet waste:
(a)
Within the Wellhead Protection Overlay Districts, all outdoor pet waste and/or used litter from kennels, cages or litter boxes shall be removed from the premises and properly disposed of in sealed, nonpermeable trash bags or containers.
(b)
Under no circumstance shall any pet waste be stored on-site, composted, or used as compost/fertilizer.
(c)
All individuals (whether the owner or temporary custodian of the pet) shall be responsible for the immediate cleaning up and proper disposal of any waste caused by their pet(s) on public property.
(4)
Petroleum storage:
(a)
As may be indicated on Schedule A-2,[5] a proposed use within WPOD-2 is required to meet the following standards for storage of petroleum in new or replacement storage tanks and/or containers:
[1]
The underground storage of petroleum is prohibited.
[2]
The outdoor, aboveground storage of petroleum, except the outdoor, aboveground storage of petroleum used for on-site consumption, is prohibited.
[3]
The preferred method of storage for petroleum used for on-site consumption shall be the installation of storage tank(s) in the basement of or within the building where the petroleum will be consumed. Storage areas shall meet all applicable local, state and federal requirements. If site conditions or other constraints prevent such installation, the following design standards shall be observed:
[a]
Outdoor, aboveground tanks for petroleum used for on-site consumption 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 capture at least 120% of the volume of the largest tank enclosed by the containment structure.
[b]
All outdoor, aboveground tanks for petroleum used for on-site consumption shall be equipped with visual gauges to monitor fluid levels.
[4]
Indoor storage areas for petroleum shall meet all applicable local, state and federal requirements and the design requirements listed below.
[a]
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. However, such petroleum shall be stored in containers equipped with a secure lid.
[b]
All indoor 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 secondary containment structure shall be designed to contain at least 120% of the volume of the largest container enclosed by the structure.
[c]
No indoor storage areas shall be located in proximity to floor drains.
[d]
Storage areas shall be secured against unauthorized entry.
[5]
Editor's Note: Schedule A-2 is included as an attachment to this chapter.
(b)
As may be indicated on Schedule A-3,[6] a proposed use within WPOD-3 is required to meet the following standards for storage of petroleum in new or replacement storage tanks and/or containers with a combined storage capacity of over 1,100 gallons.
[1]
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 with a combined storage capacity of over 1,100 gallons and that are located in WPOD-3 shall include the following:
[a]
Piping for all underground storage tanks and all aboveground storage tanks shall be equipped with secondary containment constructed of product-tight materials.
[b]
Piping for all underground storage tanks and all aboveground storage tanks shall be equipped with a leak monitoring system.
[c]
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.
[d]
All outdoor storage areas, loading docks, and product transfer areas shall be equipped with a permanent covering or roof to protect tanks from adverse weather conditions and to prevent stormwater from accumulating in the containment area.
[e]
All loading docks and product transfer areas shall be equipped with a spill sump 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.
[f]
All aboveground tanks shall be equipped with visual gauges to monitor fluid levels.
[g]
Storage areas shall be secured against unauthorized entry.
[h]
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. However, such petroleum shall be stored in containers equipped with a secure lid.
[i]
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.
[j]
No storage areas shall be located in proximity to floor drains.
[k]
Storage areas shall be secured against unauthorized entry.
[6]
Editor's Note: Schedule A-3 is included as an attachment to this chapter.
(c)
A spill control plan shall be prepared for any facility that stores petroleum within a Wellhead Protection Overlay District. 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 on site and a copy provided to the Village Clerk. The spill control plan shall include, at a minimum, the following components:
[1]
A site plan illustrating the direction of stormwater and groundwater flow;
[2]
A description of operational procedures;
[3]
A description of potential spill sources;
[4]
The spill response training program for the employees;
[5]
The names and telephone numbers of the person or persons responsible for responding to the spill;
[6]
The procedures for containing and cleaning up the spill; and
[7]
The procedure for notifying proper emergency services, the Village Code Enforcement Officer, and other appropriate local and state officials of a spill, leak or other reportable discharge as defined in 6 NYCRR Part 613.
(d)
Following site development, the Village of Clinton is authorized, at its discretion, to perform periodic inspections of facilities that use or store petroleum to ensure that these facilities pose no threat to the water supply. The Village or its designee(s) will notify the owner by telephone and in writing of the planned inspection. The owner shall grant the Village or its designee(s) access to the site and the petroleum storage facilities for the purposes of a periodic inspection at a mutually agreeable time within 72 hours of notice of the inspection. The purpose of these inspections is to ascertain whether storage containers for petroleum, including aboveground and underground storage tanks, are in good operating condition and the facility is in compliance with the applicable requirements and standards of this chapter. Any violations observed by the Village of Clinton or its designee(s) shall be immediately reported, in writing, to the Village of Clinton Code Enforcement Officer. Failure to grant such access shall be a violation of this subsection and subject to the enforcement procedures listed below.
(5)
Hazardous substance storage:
(a)
As may be indicated on Schedules A-2 and A-3,[7] a proposed use within any Wellhead Protection Overlay District is required to meet the following standards for storage of hazardous substances in new or replacement storage tanks or containers.
[1]
The underground storage and/or outdoor aboveground storage of hazardous substances, including pesticides, herbicides, and fertilizers, is prohibited.
[2]
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 of that sealed container, shall be exempt from requirements Subsection E(5)(a)[2][c], [d], and [e] below.
[a]
All products shall be stored in product-tight containers equipped with a lid.
[b]
Each container shall be clearly and visibly labeled.
[c]
Drip pans designed to catch spills/leaks shall be located under the spigots of drums or containers that are stored in a horizontal position. Drip pans shall be routinely emptied and the contents recycled, reused, or disposed of appropriately.
[d]
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 container enclosed by the structure.
[e]
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 Village Code Enforcement Officer.
[f]
Absorbent materials, such as, but not limited to, kitty litter, sawdust, soil, or clay, shall be kept on hand for emergency cleanups and containment in the event of a spill.
[g]
No storage areas shall be located in proximity to floor drains.
[h]
Storage areas shall be secured against unauthorized entry.
[i]
An accurate log or inventory of materials stored on-site shall be maintained and provided to the Code Enforcement Officer annually.
[7]
Editor's Note: Schedules A-2 and A-3 are included as attachments to this chapter.
(b)
A spill control plan shall be prepared and shall be posted in a conspicuous location on-site and a copy sent to the Village Clerk. 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:
[1]
A site plan illustrating the direction of stormwater and groundwater flow;
[2]
A description of operational procedures;
[3]
A description of potential spill sources;
[4]
The spill response training program for the employees;
[5]
The names and telephone numbers of the person or persons responsible for responding to the spill;
[6]
The procedures for containing and cleaning up the spill; and
[7]
The procedure for notifying proper emergency services, the Village Code Enforcement Officer, and other appropriate local and state officials of a spill, leak or other reportable discharge as defined in 6 NYCRR Part 595 and Part 597.
(c)
Following site development, the Village of Clinton is authorized, at their discretion, to perform periodic inspections of facilities that use or store petroleum to ensure that these facilities pose no threat to the water supply. The Village or its designee(s) will notify the owner by telephone and in writing of the planned inspection. The owner shall grant the Village or its designee(s) access to the site and the storage facilities for the purposes of a periodic inspection at a mutually agreeable time within 72 hours of notice of the inspection. The purpose of these inspections is to ascertain whether storage containers for hazardous substances are in good operating condition and the facility is in compliance with the applicable requirements and standards of this chapter. Any violations observed by the Village or its designee(s) shall be immediately reported, in writing, to the Village Code Enforcement Officer.
(6)
Density requirements:
(a)
For each use proposed within a specific Wellhead Protection Overlay District, the stricter requirement for density, whether it is specified within the underlying district or within the requirements for the Wellhead Protection Overlay District, shall apply.
(b)
In WPOD-2, the minimum lot size for all uses shall be no less than 15,000 square feet and the use shall be connected to public water and public sewer.
(c)
In WPOD-3, the minimum lot size for all uses shall be no less than 10,000 square feet and the use shall be connected to public water and public sewer.
(7)
Individual sewage treatment system design requirements. All proposed uses within the Wellhead Protection Overlay Districts shall be connected to public sewer service.
(8)
Monitoring wells:
(a)
As may be indicated on Schedules A-2 and A-3[8] for a proposed use within these overlay districts, 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.
[8]
Editor's Note: Schedules A-2 and A-3 are included as attachments to this chapter.
(b)
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 determination of groundwater flow direction.
(c)
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.
(d)
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 or stored on site. Groundwater elevations shall also be recorded and groundwater flow direction shall be calculated.
(e)
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.
(f)
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 Code Enforcement Officer within six months of the completion of site development.
(g)
Following the submission of the initial summary report, the applicant shall begin a monitoring program that includes one sampling event each year during the months of March, April, May, September, October or 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 or stored 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 Code Enforcement Officer within three months of the annual sampling event.
(h)
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 Village and/or its designees for purposes of any additional water quality sampling deemed appropriate by the Planning Board.
(9)
Floor drains. All proposed uses within the Wellhead Protection Overlay Districts that contain floor drains shall have such floor drains connected to the municipal sanitary sewer system. Floor drains that are connected to the sanitary sewer must meet discharge limits and permit requirements as may be established by the Clinton Wastewater Treatment Plant.
(10)
Hazardous waste storage and disposal:
(a)
As may be indicated on Schedules A-2 and A-3,[9] a proposed use within these overlay districts is required to meet the following standards for hazardous waste disposal.
[1]
The underground storage or outdoor, aboveground storage of hazardous waste is prohibited.
[2]
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.
[9]
Editor's Note: Schedules A-2 and A-3 are included as attachments to this chapter.
(b)
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:
[1]
A description of potential hazardous waste spill sources;
[2]
The hazardous waste spill response training program for the employees;
[3]
The names, addresses, and telephone numbers of the person or persons responsible for responding to the hazardous waste spill;
[4]
The procedures for containing and cleaning up the hazardous waste spill; and
[5]
The procedure for notifying proper emergency services, the Village Code Enforcement Officer, and other appropriate local and state officials of a spill, leak or other reportable discharge as defined in 6 NYCRR Part 372, Hazardous Waste Manifest System and Related Standards for Generators, Transporters, and Facilities.
(c)
Following site development, the Village is authorized, at their discretion, to perform periodic inspections of facilities that generate hazardous waste to ensure that these facilities pose no threat to the water supply. The Village or its designee(s) will notify the owner and/or his designee(s) by telephone and in writing of the planned inspection. The owner and/or his designee(s) shall grant the Village or its designee(s) access to the site and the hazardous waste storage facilities for the purposes of a periodic inspection at a mutually agreeable time within 72 hours of notice of the inspection. The purpose of these inspections is to ascertain whether storage containers for hazardous wastes are in good operating condition and the facility is in compliance with the applicable requirements and standards of this chapter. Any violations observed by the Village or its designee(s) shall be immediately reported, in writing, to the Village Code Enforcement Officer.
(11)
Road salt storage and application. The outdoor, unprotected storage of road salt is prohibited.
(12)
Pesticide application:
(a)
As may be indicated on Schedule A-2,[10] a proposed use within WPOD-2 is required to meet the following standards:
[1]
The application of a liquid or solid pesticide, herbicide or fertilizer is prohibited.
[10]
Editor's Note: Schedule A-2 is included as an attachment to this chapter.
(b)
As may be indicated on Schedules A-3,[11] a proposed use within WPOD-3 is required to meet the following standards:
[1]
The application of liquid or solid pesticides, herbicides, or chemical fertilizers shall be performed in accordance with the recommendations and label of the manufacturer.
[2]
Nonagricultural use of liquid or solid fertilizers, pesticides, and herbicides shall be in conformance with the best management practices described in materials developed by Cornell Cooperative Extension which are available from the Municipal Clerk's office and the Planning Board.
[3]
Empty containers and unused pesticides and herbicides shall be disposed of properly, i.e., at the Oneida-Herkimer Solid Waste Management Authority's Household Hazardous Waste facility in Utica, New York.
[4]
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.
[11]
Editor's Note: Schedule A-3 is included as an attachment to this chapter.
(c)
As applicable, all pesticide and herbicide use and application shall be under permit as provided in New York State Environmental Conservation Law, Article 33.
[1]
Disposal of containers or unused pesticides and herbicides is prohibited unless in accordance with a permit issued as provided for within New York State Environmental Conservation Law, Article 33.
[2]
Disposal of water used for mixing fertilizers, pesticides and herbicides, or for washing of equipment is prohibited, unless in accordance with a permit issued as provided for within New York State Environmental Conservation Law, Article 33.
[3]
The use of streams or watercourses for the disposal or mixing of fertilizers, pesticides and herbicides, or the washing of equipment used in conjunction with pesticides and herbicides, is prohibited.
[3]
Editor's Note: Schedules A-2 and A-3 are included as attachments to this chapter.
[1]
Editor's Note: Schedules A-2 and A-3 are included as attachments to this chapter.