Glenville Town City Zoning Code
ARTICLE VII
Intermunicipal Watershed Rules and Regulations
§ 270-36 Purpose.
The Schenectady (Great Flats) Aquifer is arguably the most important natural resource to the Town of Glenville and Schenectady County. Since the aquifer is the sole source of drinking water to over 150,000 county residents and roughly 16,000 Glenville residents, it is imperative that this resource be protected from potential contamination. It is, therefore, the intent of these regulations to minimize the likelihood of incompatible land uses from locating in the various recharge areas of the aquifer.
§ 270-37 Applicability.
[Amended 4-18-2007 by L.L. No. 3-2007]
This article shall apply to any lands, premises and uses within the respective protection zones created by Article 11, Title 1, §§ 1100-1107 of the NYS Public Health Law and shown on the Intermunicipal Watershed Rules and Regulations Schenectady Aquifer Protection Zones Map, Plate No. 1, dated February 1990, and the Intermunicipal Watershed Rules and Regulations Municipal Property Inventory Maps dated February 1990. Said map, or series of maps, all notations or other information shown thereon are part of this article and are located in the office of the Town Clerk. This article is intended to be superimposed on the existing underlying zoning districts to supplement the underlying development standards with additional requirements designed to protect the aquifer and the municipal water supply. This article shall in no way exempt any existing or proposed land uses or development activities from complying with the Intermunicipal Watershed Rules and Regulations contained in Article 11, Title 1, §§ 1100-1107 of the NYS Public Health Law.
§ 270-38 General provisions.
A.
The manufacture, use, storage, disposal or discharge of any products, materials or by-products, such as wastewater, solid waste, hazardous waste or any pollutant, within the identified protection zones which may adversely affect the quality of water supply sources must conform to the requirements of these rules. Where groundwater deterioration is likely to be caused by land development, municipal officials shall ensure that appropriate zoning or other controls are carried out to prevent groundwater contamination.
B.
Accidental spills.
(1)
Within any of the herein defined protection zones, any person who is the owner of, or in actual or constructive possession or control of, a hazardous material, or any agent or employee thereof, or any person in a contractual relationship therewith, who is responsible for or has knowledge of any spill, as defined in Article II, of any petroleum, hazardous material, toxic substance or radioactive material to the ground surface or any water body, which is likely to have any adverse effect on water quality or quantity, shall notify the appropriate municipal water purveyor, and the New York State Departments of Environmental Conservation and Health, as described in the following Subsections B(2) and (3) of this section. The municipal water purveyor shall notify all other appropriate agencies and the Watershed Board of any spill.
(2)
All spills shall be reported to the appropriate municipal water purveyor and the New York State Department of Environmental Conservation within two hours of such spill, or when knowledge of such spill is obtained, and shall be addressed in accordance with the provisions of Article 12 of the Navigation Law, §§ 170 through 197, and Article 17 of the New York State Environmental Conservation Law. Cleanup of spills is the responsibility of the owners; in case of material in transit, cleanup is the responsibility of the carrier.
(3)
The State Department of Health shall be advised of any spills within 12 hours.
C.
SPDES permits. Within any of the protection zones, all applicants for the permit pursuant to the New York State Pollutant Discharge Elimination System (SPDES) shall simultaneously submit a copy of the application to the New York State Department of Environmental Conservation and the appropriate municipal water purveyor. The municipal water purveyor shall send a copy of this application to the Watershed Board for its information.
D.
Exceptions. Exception to the rules and regulations may be granted by the Commissioner of the New York State Department of Health after appropriate study and review, based on prior usage and unique local conditions if, in his judgment, the health and safety of the consuming public will be protected because of treatment provided or other remedial action taken. Such exceptions shall be in writing. Hearings may be held at the Commissioner's discretion.
E.
Protection zone boundary adjustments.
(1)
When the location of a protection zone boundary, as shown on the adopted Schenectady Aquifer Protection Zone Maps, Plate #1, dated February, 1990, is disputed by any owner or abutter affected by said boundary, the owner or abutter, at his own expense, may engage a licensed engineer or professional hydrogeologist to conduct such investigations as are necessary to determine if a discrepancy exists in the mapped boundary.
(2)
The owner or abutter shall submit all pertinent findings to the appropriate municipal water purveyor. The municipal water purveyor shall transmit the submission to the Watershed Board. The Watershed Board shall investigate and hear evidence regarding the proposed adjustment and make a recommendation to the appropriate municipality. The appropriate municipality shall, in turn, hear evidence regarding the proposed boundary zone adjustment and make a recommendation to the Commissioner. The Commissioner shall act to grant, grant with conditions or deny a boundary adjustment request.
(3)
All amendments and adjustments to a protection zone boundary or designation, granted by the Commissioner, shall be officially recorded on the Intermunicipal Watershed Rules and Regulations Schenectady Aquifer Protection Zones Maps, Plate #1, dated February, 1990. The Board shall transmit to the Commissioner of the New York State Department of Health a copy of any such recorded amendments or adjustments.
F.
Nonconforming buildings, structures and/or uses.
(1)
Nonconforming buildings, structures or uses of land may be continued subject to the owner of such building, structure or use of land demonstrating compliance with conditions set forth in Subsections F(2) and F(3) of this section.
(2)
No nonconforming building, structure or use of land shall be enlarged, altered or extended in any manner without a site plan review and specific prior approval by the municipal water purveyor. No nonconforming building, structure or use of land may be modified in any way which is determined, by the local water purveyor, to increase its threat to the groundwater or otherwise contravene the purpose and intent of these Watershed Rules and Regulations; however, in no event shall a nonconforming building, structure or use be permitted to expand, enlarge or extend the capacity to store or handle any materials or substances which may be a threat to the Schenectady Aquifer, including, but not limited to, pesticides, fertilizers, chloride salt, septage, sewage, sludge, solid waste, hazardous materials or radioactive materials.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
If any nonconforming use is stopped for a period of six months of more, it shall permanently desist. Any new building, structure or use of land shall conform to the purpose, intent and literal provisions of this article and any amendment thereto. A nonconforming use of land may only be changed to a conforming use of land.
G.
Compliance conditions.
(1)
Provide a written report to the appropriate municipal water purveyor with the following information at least annually and/or on the occurrence of the following:
(a)
Change in operation.
(b)
Any intended sale(s) of property.
(c)
Results of state agencies' programs, including, without limitation, test results and audits from such programs as Petroleum or Chemical Bulk Storage, Resources Conservation and Recovery Act (RCRA), etc. The owner shall be responsible to immediately remove the contamination from the aquifer.
(d)
Accidental spills (see § 270-38B of this article). Develop and carry out a plan to protect the aquifer from potential contamination associated with land use activities. The plan must be approved by the appropriate municipal water purveyor and must include:[2]
[1]
Restrictions or management of activities on the property;
[2]
Dams/Berms (revised drainage control) planned;
[3]
Identification and development of operating procedures for potential pollution activities (i.e., changing oil of a car); and
[4]
Disposal procedures for hazardous material.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2)
Should implementation of the plan described in Subsection G(1) above not prevent contamination of the aquifer or any portion thereof, the owner shall immediately cease the offending activity and initiate remedial actions to remove the contamination from the aquifer as required by the agency having jurisdiction.
§ 270-39 Specific regulations by zone.
A.
Zone I, Wellhead Protection. Except to the extent that broader prohibitions or more stringent limitations and requirements are set forth in this subsection, all regulations and provisions applicable to Zones II, III and IV shall also apply to Zone I. In addition:
(1)
All land uses and development activities, other than those directly connected with the pumping and treatment of public water supplies, are prohibited, except for existing single-family residences and existing transportation corridors, to which the relevant restrictions of these regulations shall apply.
(2)
The storage or handling of any septage, sewage, sludge, animal wastes, human excreta, hazardous material or radioactive material, except for existing single-family residences, to which the relevant restrictions of these regulations shall apply and except for fuels and chemicals necessary for pumping and treatment of water supply wells, is prohibited.
(3)
The bulk storage of coal or chloride salts is prohibited.
(4)
The use of pesticides for commercial/agricultural purposes is prohibited.
(5)
No filling, excavation or dredging, other than those activities specifically referred to in Subsection A(1), above, is permitted without prior approval of the appropriate municipal purveyor. An application for such an approval must be accompanied by a site plan. The approval shall not be granted unless the applicant can demonstrate that the proposed activity will not result in adverse water quantity impacts or the contravention of water quality standards set forth in 6 NYCRR Part 703.
B.
Zone II, Primary Recharge. Except to the extent that broader prohibitions or more stringent limitations and requirements are set forth in this subsection, all regulations and provisions applicable to Zones III and IV shall also apply to Zone II. In addition:
(1)
Uses that pose a substantial risk to groundwater quality because of associated storage, use or handling of hazardous materials, as defined by 6 NYCRR Part 595 and Part 612, are prohibited. These uses include, but are not limited to, motor vehicle repair and body shops, trucking or bus terminals, coin or commercial laundries, dry-cleaning and dyeing establishments, furniture stripping and refinishing operations, printing and photographic processing plants, salvage yards and the storage for sale of gasoline, diesel fuel, heating oil, lubricants, antifreeze, solvents or agricultural or industrial chemicals.
(2)
The commercial excavation or extraction of soils, sands and gravels, except for those existing mining operations authorized by the New York State Department of Environmental Conservation under Article 23, Title 27 of the Environmental Conservation Law, is prohibited.
(3)
The introduction into an existing on-site disposal system of any hazardous material is prohibited.
(4)
The establishment of any solid waste management or waste treatment facility is prohibited.
(5)
The installation of any underground storage facility is prohibited.
(6)
The interment of human or animal remains is prohibited.
(7)
The dumping or disposing of snow or ice collected off site from roadways or parking areas is prohibited.
(8)
Approval is required from the appropriate municipal building inspector before the installation of any new on-site disposal system or the replacement or expansion of any existing on-site disposal system. Conditions for approval shall include an approved engineering plan, a site-specific soils analysis, verification of the site's percolation rate and inspection of the site before backfilling. A copy of the approval will be sent to the water purveyor.
(9)
The appropriate municipal water purveyor must be notified before the spreading, application or use of any pesticide for commercial and agricultural purposes. Notification shall include a description of the area to be covered and identification of the type and volume of the material to be used.
C.
Zone III, General Recharge. Except to the extent that broader prohibitions or more stringent limitations and requirements are set forth in this subsection, all regulations and provisions applicable to Zone IV shall also apply to Zone III. In addition:
(1)
The construction, installation, maintenance or use of any aboveground storage facility that discharges any petroleum product, hazardous material or toxic substance into the groundwater or into any water body except as allowed by a valid SPDES permit is prohibited.
(2)
The establishment of any raw waste landfill, ash landfill, construction/demolition landfill, junkyard, salvage yard or dump is prohibited.
(3)
Underground injection is prohibited, with the sole exception of underground injection activities specifically and directly related to development or maintenance of water supply wells. Except for single-family residences, proposals to undertake water supply, well development or maintenance-related underground injection require prior review and approval from the appropriate municipal water purveyor.
(4)
The aboveground discharge, land application or disposal of any septage, sewage, sludge, animal wastes, animal remains or human excreta is prohibited, except for agricultural uses consistent with appropriate best management practices which have been endorsed by the Watershed Board. (See the Schenectady Aquifer Schenectady Intermunicipal Watershed Rules and Regulations Administrative Procedures Manual filed at each municipal clerk's office.)
(5)
The dumping or disposing of snow or ice collected off site from roadways or parking areas into or within 100 feet of any water body is prohibited.
(6)
The open storage of pesticides for wholesale, retail or commercial agricultural purposes is prohibited.
(7)
The bulk storage of coal or chloride salts is prohibited except in structures designed to prevent the entrance of precipitation and constructed on low-permeability pads which control seepage and runoff.
(8)
The owner of any aboveground or underground storage facility existing on the effective date of this article shall notify the appropriate municipal water purveyor and all other appropriate agencies of any leak or spill promptly on its discovery. The owner shall immediately undertake any such actions as may be necessary to prevent contamination of the groundwater. The municipal water purveyor shall send this information to the Watershed Board and all other involved or interested agencies.
(9)
The drilling, construction, installation, discontinuance and abandonment of all individual or private water supply wells shall comply with the requirements and standards of the Department of Health (see 10 NYCRR Subpart 5-2).
(10)
Any underground storage facility that is out of service for more than one year shall be removed. Any liquid residue shall be removed from the facility and all connecting lines shall be securely capped or plugged.
(11)
Sanitary sewer lines, pipes and mains shall not allow exfiltration or infiltration to exceed 200 gallons per inch of pipe diameter per mile per day for any section of the sewerage system. (See Recommended Standards for Wastewater Facilities, 1990 Edition, Great Lakes-Upper Mississippi River Board of State Public Health and Environmental Managers, Section 33.9.)
D.
Zone IV, Tributary Watershed.
(1)
The discharge or disposal of any hazardous material or radioactive material except as may be authorized pursuant to a permit issued by the New York State Department of Environmental Conservation or the New York State Department of Health is prohibited.
(2)
The discharge, land application, burial or disposal of any septage, sewage, sludge, animal wastes, animal remains or human excreta within 100 feet of any water body is prohibited, except as allowed by a valid permit issued by the New York State Department of Environmental Conservation or the New York State Department of Health or for agricultural uses consistent with appropriate best management practices which have been endorsed by the Board. (See the Schenectady Aquifer Schenectady Intermunicipal Watershed Rules and Regulations Administrative Procedures Manual filed at each Municipal Clerk's office.)
(3)
The dumping or disposing of snow or ice collected off site from roadways or parking areas within 50 feet linear distance of any water body is prohibited.
(4)
The open storage of agricultural chemicals and pesticides within 50 feet linear distance of any water body is prohibited.
(5)
The open storage of coal or chloride salts within 50 feet linear distance of any water body is prohibited.
§ 270-40 Inspections.
A.
Each municipality which has protection zones, or portions of protection zones, within its municipal jurisdiction shall make periodic inspections of all properties within the boundaries of such zones, consistent with all constitutional limitations, to verify conformance with this article. These inspections shall be conducted by the municipal water purveyor, or designated municipal official, having jurisdiction at least one time annually. Before January 1 of each year the municipal water purveyor shall make a report to the Board describing the results of these inspections together with any other information relevant to the enforcement and administration of this article.
B.
Information necessary to demonstrate compliance shall be submitted at the request of the municipal water purveyor. The aforesaid shall cause copies of any provisions violated to be served on the person violating same, together with notices of such violations. If said person does not immediately comply, the municipal water purveyor shall promptly notify the Watershed Board and the State Commissioner of Health of such violations.
C.
The Watershed Board shall make annual reports to the State Commissioner of Health, before January 30, including such information on number of inspections, violations found, notices served, violations abated, the general condition of the resource and any other information relevant to the enforcement and administration of this article.
§ 270-41 Variances.
A.
Standards. An owner who experiences practical difficulty or unnecessary hardship because of the literal interpretation of the provisions of this article may request a hearing by the Commissioner of Health. The Commissioner may grant a variance from the requirements of this article if the Commissioner finds that the health, welfare and safety of the consuming public will be protected. In making this determination, the Commissioner shall consider the following factors and make findings regarding each:
(1)
Whether the use or activity to be authorized by the waiver or variance is in harmony with the purpose and intent of this article.
(2)
Whether a substantial change will be produced in the general condition of the resource or a substantial risk to groundwater quality or quantity will be created because of the variance.
(3)
Whether the hardship or difficulty can be alleviated by some other method that is feasible for the applicant to pursue.
(4)
Whether the variance requested is the minimum variance necessary to afford relief. To this end, the Health Department may grant a lesser variance than that applied for.
(5)
Whether the hardship or difficulty has not been created by the applicant.
B.
Decision of the Commissioner. The Commissioner may request the municipal water purveyor and the Watershed Board to review any application for a variance before reaching a determination regarding the request. The Commissioner may impose such conditions as he may deem necessary to serve the purpose and intent of this article.[1]
(1)
The Commissioner shall act on all requests within 60 days of a variance application. Failure to act within this sixty-day period shall be deemed a denial of the application.
(2)
Every decision of the Health Department to grant, grant with conditions or deny a variance request shall be made in writing and served on the applicant and shall include all findings made regarding the aforementioned factors. All conditions shall be expressly set forth and the reasons for such conditions specified. Violations of the conditions of a variance shall be a violation of this article.
(3)
The issuance of a variance shall not authorize the establishment or extension of any use nor the construction of any structure but shall merely authorize the filing of an application for any permit or approval that may be required by the municipality within which such action is proposed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
Variance application procedure. Applications for a variance shall be submitted to the appropriate municipal water purveyor by registered mail and shall contain at least the following information:
(1)
The applicant's name, address and his interest in the subject property; or the owner's name and address, if different from the applicant, and the owner's signed consent to file the application.
(2)
The protection zone location, along with the street address and legal description of the subject property.
(3)
A narrative description of the proposed use or action together with any other pertinent information that may be necessary to adequately review the application.
(4)
A sketch plan illustrating all proposed site alterations, all structures existing on site, the existing uses and zoning of adjacent parcels, site contours and drainage patterns.
(5)
A statement articulating the hardship or difficulty imposed by the enforcement and administration of this article with specific reference to the factors listed in this article.
(6)
A statement assessing the potential impact on groundwater quality of the use or activity to be authorized by the waiver or variance.
(7)
A plan and annual report as described in § 270-38G, where applicable.
§ 270-42 Penalties for offenses.
[Amended 4-18-2007 by L.L. No. 3-2007]
A.
The Town Board hereby exercises its authority under § 10, Subdivision 1(ii)(d)(3), of the Municipal Home Rule Law, and any other applicable provision of law now or hereinafter enacted, to supersede the applicable provisions of § 268, Subdivision 1, of the Town Law, and any other applicable or successor law, in order to impose a penalty and fine structure that best reflects the needs of the community and the importance of protecting the municipal water supply. For each violation of the provisions of this article, the owner, general agent, person in charge of the premises, architect, engineer and/or contractor of the building, structure or premises where such violation has been committed or exists shall be guilty of an offense punishable by a fine or penalty of not less than $250 nor more than $5,000 or by imprisonment for a period not to exceed six months or both, for a conviction of a first offense; upon conviction of a second violation, where the offense is committed within a period of five years of the first offense, a fine of not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed six months, or both; and upon conviction of a third or subsequent violation where the offense is committed within a period of five nears of the first and second offense, a fine of not less than $1,500 nor more than $15,000 or by imprisonment for a period not to exceed six months, or both. Each day such violation continues following notification by the Town or service of a summons shall constitute a separate offense punishable in like manner. The Town Board shall have such other remedies as are allowable by law.
B.
Any person, firm or corporation who violates, disobeys, refuses to comply with or resists the enforcement of any provision of these Intermunicipal Watershed Rules and Regulations or the terms of any permit or other approval granted hereunder shall also be subject to those penalties specified in Article 11, Title 1, § 1103, of NYS Public Health Law as may be applicable, in addition to the penalties enumerated herein.
§ 270-43 (Reserved) [1]
[1]
Editor's Note: Former § 270-43, Amendments, was repealed 4-18-2007 by L.L. No. 3-2007.