Cortlandville City Zoning Code
ARTICLE IA
Wellhead Protection Area District
§ 178-2.1 Statement of intent.
The purpose and intent of the Wellhead Protection Area District is to preserve the quality and quantity of limited drinking water resources to ensure a safe and plentiful public drinking water supply. This is accomplished through the establishment of an overlay district that is coterminous with the Wellhead Protection Areas and Wellhead Protection Zones within such Wellhead Protection Areas identified in § 178-2.3. This overlay district contains regulatory prohibitions and procedures governing land uses within the Wellhead Protections Areas which are in the Town. Such Wellhead Protection Areas correspond to the Town’s own public wells and the City of Cortland’s public wells located immediately adjacent to the Town.
§ 178-2.2 Scope and authority.
The Wellhead Protection Area District shall be considered as overlying other zoning districts. Any uses permitted in the portion of the districts so overlaid shall be permitted subject to all the provisions of this district, unless prohibited by this district. In the event of any conflict between these Wellhead Protection Area District regulations and any other existing regulations, the more restrictive regulations shall apply.
§ 178-2.3 Establishment of Wellhead Protection Areas and Wellhead Protection Zones.
A.
The Town of Cortlandville operates three public drinking water supply wells within the Otter-Dry Creek Aquifer which supply drinking water to the residents of the Town. Two of the Town's public wells are located adjacent to Lime Hollow Road (the "Lime Hollow Wells") and one well is adjacent to Terrace Road (the "Terrace Road Well"). Additionally, the City of Cortland operates public wells within the City limits, that are located immediately adjacent to its boundary with the Town.
B.
"Wellhead Protection Areas" and "Wellhead Protection Zones" in the Town of Cortlandville which correspond to the Town of Cortlandville's public wells and the City of Cortland's public wells have been designated by the Cortland County Soil and Water Conservation District with the assistance of the Cortland County Health Department and the United States Geological Survey, in accordance with applicable federal and state laws, rules and policy to protect public drinking water supply wells. These Wellhead Protection Areas were identified in a report entitled: "FINAL Delineation of Wellhead Protection Areas, "dated May 2002 and each Wellhead Protection Area is divided into three separate subareas known as "Wellhead Protection Zones." The Wellhead Protection Areas and Wellhead Protection Zones within such Wellhead Protection Areas in the Town that were designated by the County Soil and Water Conservation District have been adopted by the Town of Cortlandville to facilitate protection of public drinking water systems through the Wellhead Protection Area District.
C.
Wellhead Protection Zones within the Wellhead Protection Area District are described as follows and are depicted in the Wellhead Protection District Map described in § 178-4:
(1)
Zone 1A. Zone 1A includes those land areas within the Town located directly over the aquifer and immediately surrounding each public well. It covers those areas within which groundwater is estimated to take approximately two years or less to reach the corresponding well.
(2)
Zone 1B. Zone 1B includes those land areas within the Town located directly over the aquifer but outside of Zone 1A, within which groundwater is estimated to take approximately five years or less to reach the corresponding well.
(3)
Zone 2. Zone 2 is also known as the "Watershed Recharge Area" for each well. It includes those land areas within the Town that contribute water to the corresponding public well. It can include portions of the aquifer that contribute flow to the supply well and can also include upland areas, outside of the aquifer boundary. It is essentially the drainage area to Zones 1A and 1B.
D.
Prohibited uses and activities. The following uses and activities and expansions of any such existing uses and activities, except as allowed herein, are prohibited within Wellhead Protection Zone 1A regardless of whether such use or activity is an allowable use within the underlying Zoning District that is overlain by that zone:
(1)
The discharge, land application or disposal of any hazardous material, toxic substance, or radioactive material (as defined by any applicable state or federal law).
(2)
The production or processing of bulk quantities of any hazardous material or toxic substance (as defined by any applicable state or federal law).
(3)
The open storage of pesticides, herbicides, or fungicides (as defined by any applicable state or federal law).
(4)
The dumping or disposing of snow or ice collected off-site from roadways or parking areas.
(5)
The open or bulk storage of coal or chloride salts.
(6)
Any form of underground injection of hazardous materials or toxic substances (as defined under any applicable state or federal law).
(7)
Gas stations, solid waste disposal facilities and junkyards.
(9)
The use of septic system additives and cleaners which contain toxic substances or hazardous materials (as defined by applicable state or federal law).
(10)
The disposal of toxic substances or hazardous materials (as defined under applicable state or federal law) by means of discharge to a septic system.
(11)
All new mines and all forms of mining are prohibited within Wellhead Protection Zone 1A, except that existing mines in such areas may continue to operate if previously permitted, and may expand laterally within the existing property, but may not expand into and below the water table in Wellhead Protection Zone 1A unless such expansion or operation below the water table was previously permitted by the NYSDEC prior to the enactment of this provision.
E.
The uses identified in Subsection D above are not prohibited within Wellhead Protection Zone 1B or Zone 2, unless such uses are not authorized in or are otherwise prohibited in the underlying zoning district, but new mines and mining may not be undertaken or expanded if located within the Aquifer Protection District without a special permit issued pursuant to § 178-46.
§ 178-2.4 Provisions applicable to B-1, B-2, B-3, I-1 and I-2 Districts.
The following provisions are applicable to the B-1, B-2, B-3, I-1 and I-2 Zoning Districts created and defined herein.
A.
Lot coverage. Lot coverage shall comply with the more restrictive of the Town's bulk regulations, wellhead protection zones or as otherwise required by the Town Planning Board as well as other Town requirements. Structures, parking areas and roadways shall not occupy more than the maximum lot coverage indicated by the following:
(1)
Lots or parcels located in Wellhead Protection Zone 1a as defined on the Zoning Map shall provide 50% greenspace.
(2)
Lots or parcels located in Wellhead Protection Zone 1b as defined on the Zoning Map shall provide 30% greenspace.
(3)
Lots or parcels located outside of Wellhead Protection Zones 1a and 1b as defined on the Zoning Map shall provide 25% greenspace.
(4)
Lots or parcels having areas of three acres or less, regardless of location, shall provide 20% greenspace. Notwithstanding the foregoing, the Planning Board may, by special permit, reduce the required greenspace in lots or parcels having three acres or less in area to 15%.
(5)
Any parcel of three acres or less created by subdivision or other method after the effective date of this article shall not exceed 70% lot coverage in Zones 1a and 1b and 75% lot coverage in Zone 2 and outside wellhead zones.
(6)
Agricultural uses, single-family and two-family residential uses and accessory residential uses shall be exempt from the lot coverage provisions of this article.
(7)
Developed properties or sites in existence on the effective date of this article that change ownership with no change in the size of an existing building, structure, parking lot and/or driveway shall be exempt from the lot coverage provisions of this article.
(8)
For any properties that do not presently conform to lot coverage required by this article, any change in the size of an existing building, structure, parking lot and/or driveway that is 500 square feet or more shall result in a reduction of the amount of the parcel's impervious surface by 5%. This requirement will apply to subsequent alterations of 500 square feet or more to an existing building, structure, parking lot and/or driveway until the site's impervious surface was reduced to meet the parcel's overall lot coverage requirement.
B.
Setbacks. All setbacks shall comply with the Town's bulk regulations or as otherwise required by the Town Planning Board as well as other Town requirements.[1]
[1]
Editor's Note: Former Subsection C, which pertained to lot depths, was redesignated as § 140-6D(2)(c) 12-16-2009 by L.L. No. 3-2009.