Cortlandville City Zoning Code
ARTICLE X
Aquifer Protection District
§ 178-41 Statement of intent.
The purpose and intent of the Aquifer Protection District is, in the interest of public health, safety and general welfare, to preserve the quality and quantity of the town's groundwater resources in order to ensure a safe and healthy drinking water supply. This is to be accomplished by regulating land uses which might contribute to the contamination of any aquifers identified as necessary for the present and future water supply of the Town of Cortlandville.
§ 178-42 Scope and authority.
The Aquifer Protection District shall be considered as overlying other zoning districts. Any uses permitted in the portions of the districts so overlaid shall be permitted subject to all the provisions of this district. In any cases where conflicts arise between these supplemental regulations and any other existing regulations, the more restrictive regulations shall apply.
§ 178-43 Establishment and delineation of an Aquifer Protection District.
A.
For the purposes of this district, there are hereby established within the Town of Cortlandville certain aquifer protection areas which consist of any aquifer, the land above such aquifers and the aquifer's most significant recharge areas as follows:
(1)
Area I: Primary aquifer area. The primary aquifer area, as delineated, shall include:
(a)
Those highly permeable aquifer areas which have undergone significant development as public water supplies and which serve populations greater than 8,000 persons, including municipal water systems, private water companies, water districts and water authorities, but excluding individual wells.
(b)
Any bodies of surface water or portions thereof, including wetlands (as defined by Article 24, § 107 of the New York State Conservation Law) within the primary aquifer area boundaries.
(2)
Area II: Principal aquifer area. The principal aquifer area, as delineated, shall include:
(a)
Potentially productive aquifer areas not yet intensively used as sources of public water supply, but which:
(b)
Areas which provide significant recharge to primary aquifers but which are not composed of aquifer material;
(c)
Any bodies of surface water or portions thereof including wetlands (as defined by Article 24, § 107 of the New York State Conservation Law) within the principal aquifer area;
(3)
Area III: Tributary watershed area. The tributary watershed area, as delineated, shall include land outside the aquifer area that may contribute runoff overland and/or through surface streams for groundwater recharge.
(4)
Wellhead protection areas. In addition to the aquifer protection areas described herein, boundaries for wellhead protection areas (WPAs) shall be delineated by the State of New York as part of the wellhead protection program required under § 1428 of the Federal Safe Drinking Water Act Amendments of 1986. The wellhead protection program, including WPA delineation, must be submitted to the United States Environmental Protection Agency (USEPA) by June 19, 1989, and USEPA approval or disapproval of the program shall be made within nine months of that date. Implementation of a New York State Wellhead Protection Program shall occur no later than the year 1991. Wellhead protection area boundaries are expected to become incorporated into watershed rules and regulations under jurisdiction of the State and County Health Departments. Upon delineation of the wellhead protection area boundaries for the Town of Cortlandville and subsequent EPA approval, they shall become separate wellhead protection areas under this article and shall be subject to all rules and regulations pertaining thereto.
B.
The boundaries of the Aquifer Protection District and the aquifer protection areas reflect the best hydrogeologic information available as of the date of the map. Where these bounds are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where the boundaries should be properly located. At the request of the owner(s), the Town may engage a professional geologist, hydrogeologist, engineer or other qualified expert trained and experienced in hydrogeology to determine more accurately the location and extent of an aquifer or recharge area, and may charge the owner(s) for the entire cost of the investigation.
§ 178-44 Permitted uses.
A.
The following uses are permitted within the Aquifer Protection District, provided that all necessary permits, orders or approvals required by local, state or federal law shall have been obtained:
(1)
Areas I, II and III: primary and principal aquifer areas; tributary watershed area. All uses currently permitted under this chapter and the Cortlandville Zoning Map are permitted in the Aquifer Protection District subject to the provisions of this article.
(2)
Nonconforming uses.
(a)
Notwithstanding any other provision herein, a nonconforming use within the Aquifer Protection District may be continued and maintained so long as it remains otherwise lawful. No such use shall be enlarged, altered, extended or operated in any way which increases its threat to groundwater quality or otherwise contravenes with the purpose and intent of this article.
(b)
In the event that a nonconforming use has ceased for a consecutive period of one year or for 18 months during any three-year period, such nonconforming use may not be resumed except in conformity with the provisions of all districts within which it is located.
§ 178-45 Restrictions and requirements.
A.
Prohibitive uses and activities.
(1)
The discharge, land application or disposal of any hazardous material, toxic substance or radioactive material.
(2)
The production or processing of bulk quantities of any hazardous material or toxic substance is prohibited.
(3)
Pesticide storage.
(a)
The open storage of pesticides, herbicides, fungicides and artificial fertilizers within 50 feet linear distance of any watercourse in Area III is prohibited.
(b)
The open storage of pesticides, herbicides, or fungicides is prohibited in Areas I and II; all storage of such material is prohibited unless any necessary authorization has been obtained from the New York State Department of Environmental Conservation as provided in Article 33 of the New York State Environmental Conservation Law.
(4)
The dumping or disposing of snow or ice collected off-site from roadways or parking areas into or within 50 feet linear distance of any watercourse.
(5)
Storage of coal or chloride salts.
(a)
The open storage of coal or chloride salts within 50 feet linear distance of any watercourse in Area III is prohibited.
(b)
The bulk storage of coal or chloride salts is prohibited in Areas I and II except in a watertight ventilated structure constructed on an impervious surface. Any outside area used for loading, handling or mixing shall be designed so as to prevent seepage and runoff from entering the groundwater or any watercourse.
(6)
Any form of underground injection of hazardous materials or toxic substances is prohibited.
(7)
Gas stations, solid waste disposal facilities and junkyards are prohibited in Areas I and II.
(8)
Single-family houses using septic tanks on lots of less than 30,000 feet are prohibited.
(10)
Multifamily houses using septic tanks are prohibited.
(11)
All prohibited uses and activities associated with industrial development as per § 178-77 of this chapter.
(12)
The use of septic system cleaners which contain toxic substances or hazardous materials.
(13)
The disposal of toxic substances or hazardous materials by means of discharge to a septic system.
B.
Other requirements.
(2)
Bulk storage of toxic substances or hazardous materials is subject to compliance with Article XVIII of the Sanitary Code of the Cortland County Health District.
(3)
No mine of any kind is a permitted use within the Aquifer Protection District, except sand and gravel mines that are located within an underlying Agricultural District provided they are not located within Wellhead Protection Zone 1A. Mines are a special permitted use in Wellhead Protection Zone 1B or Zone 2 in Agricultural Districts that are overlayed by the Aquifer Protection District.
[Amended 2-16-2022 by L.L. No. 1-2022]
(4)
Vehicular servicing, including but not limited to automotive repair stations, body shops and rustproofing operations, is allowed within the Aquifer Protection District, provided that the following requirements are met:
(a)
Floor drains must be connected to a holding tank or sanitary sewer equipped with an oil and grit separating tank.
(b)
Wastes collected in a holding tank must be disposed of through a licensed waste hauler.
(c)
Waste degreasing solvents must be stored in drums or a holding tank and disposed of through a licensed waste hauler.
(d)
Waste oil must be stored in tanks or drums for disposal by a licensed waste hauler.
(e)
Storage facilities for tanks and/or drums require coated concrete floors and dikes to retain accidental spills or leaks; a permanent roof to protect tanks or drums and to prevent precipitation from entering dikes. Drums should be sealed, and tanks and drums must be located away from floor drains.
(f)
Large drip pans should be kept beneath drums which have spigots and are stored in horizontal position an racks.
(g)
Potentially contaminated scrap, including but not limited to scrap parts, batteries and used filters shall be stored in proper containers to prevent environmental release of contaminants.
(5)
Pesticides.
(a)
Application of pesticides, herbicides fungicides, or chemical fertilizers shall be performed in accordance with the recommendations and label of the manufacturer.
(b)
Property owners who enlist the services of a commercial pesticide, fungicide, or herbicide applicator shall ensure that the applicator is certified and licensed by the New York State Department of Conservation.
(6)
Conversion of a one-family house using a septic tank to a two-family house using a septic tank requires the approval of the Cortland County Health Department.
(7)
Site plans for all proposed industrial and commercial uses shall be accompanied by a detailed and complete description of the anticipated uses and their operation as per Article XIII of this chapter.
(8)
Dry wells connected to drains from buildings require the approval of the Cortland County Health Department.
(9)
Whenever there is a question as to the groundwater contamination potential of a proposed use, the expert opinion of the United States Environmental Protection Agency (USEPA), the New York State Department of Environmental Conservation (NYSDEC), and the State and County Health Departments may be requested.
§ 178-46 Special permits.
Any use of property within the Aquifer Protection District shall be permitted only upon obtaining a special permit from the Town Board of the Town of Cortlandville when the use:
§ 178-47 Application for a special permit.
Applicants for a special permit to develop in the Aquifer Protection District shall submit the following:
A.
The name, address and telephone number of the applicant.
B.
If the applicant is a corporation, the name, address and telephone number of all the corporate officers and directors.
C.
A map and report showing the location of the premises for which the permit is sought and plans prepared by a licensed professional engineer or architect showing all features of the system necessary for the satisfactory conveyance, storage, distribution, use and disposal of sanitary wastes, stormwater wastes, process wastes, toxic substances and hazardous materials, solid wastes and incidental wastes within the property boundaries of the business or commercial establishment.
D.
Plans and protection measures for certain averages of toxic substance use.
(1)
When the use of toxic substances or hazardous materials averages an amount equal to or in excess of 55 liquid gallons per month or 500 pounds dry weight per month, the applicant must provide for any design features, operating plans, and any other protection measures as the Town Board deems appropriate and sufficient to prevent and/or monitor groundwater contamination, especially in the event of a potential leak or spill of these substances.
(2)
When the use of toxic substances or hazardous materials averages less than 55 liquid gallons per month or 500 pounds dry weight per month, and when the project is determined to have a potential negative impact an groundwater quality, the Town Board may demand the applicant to provide for any and all design features, operating plans, and/or such other protection measures as per § 178-47D(1) above.
E.
Plans and protection measures for certain amounts of toxic substance storage.
(1)
When storage of toxic substances or hazardous materials at any one time is equal to or exceeds a total of 220 liquid gallons or a total of 2,000 pounds dry weight, the applicant must provide for any and all design features, operating plans, and such other additional protection measures as the Town Board may require to prevent and/or monitor groundwater contamination, especially in the event of a potential leak or spill of these substances.
(2)
When storage of toxic substances or hazardous materials at any one time is less than a total of 220 liquid gallons or a total of 2,000 pounds dry weight, the Town Board may demand the applicant to provide for any and all design features, operating plans, and such other additional protection measures as per § 178-47E(1) above.
F.
Such other nonproprietary information as the Town Board shall request in order to have all facts before it prior to making their decision.
G.
Copies of any permits and applications to any other government agencies.
H.
List of all toxic substances or hazardous materials known to be used or stored on the premises, together with sufficient detail to appraise the Town Board of the method of storage and the amount of toxic substances or hazardous materials on the premises.
I.
Method of disposal of toxic substances or hazardous materials.
J.
A full report regarding the use and storage of all toxic substances and all hazardous materials.
§ 178-48 Referral and public hearing for a special permit.
A.
The Town Board shall refer an application for such special permit to the Town and County Planning Boards for comments prior to the Town Board's decision.
B.
Where appropriate and not inconsistent with this article, the Town Board shall follow the procedures, including application fees and general and additional specific requirements, set forth in Article XIV of this chapter, Conditional Permit.
C.
A public hearing shall be held in regard to granting such special permit, and notice of the public hearing in regard to the granting of such special permit shall be published in the official Town newspaper not more than 15 days and not less than 5 days before the date of such public hearing. All uses specified in §§ 178-45 and 178-46 above which would be subject to a special permit, except for the fact that when such uses are governmental entities, they shall nevertheless be subject to the public hearing requirements of this section, and shall file an environmental assessment form which shall be reviewed by the Town Board of the Town of Cortlandville in accordance with the provisions of the New York State Environmental Quality Review Act.
[Amended 10-18-2000 by L.L. No. 7-2000]
§ 178-49 Issuance of special permit.
A.
The Town Board may grant the special permit, deny the special permit or grant the special permit with stated conditions.
B.
In the event that a special permit is granted or granted with stated conditions, it shall be a requirement that the applicant use the best available means to prevent the contamination of the groundwater and the aquifers of the Town of Cortlandville. This shall be a continuing requirement.
§ 178-50 A change in use.
Where a special permit has been previously issued, a change in use requires application for a new special permit.