Homer Village City Zoning Code
ARTICLE X
Wellhead Protection Overlay District
§ 228-53 Purpose and intent.
The jurisdiction of the Village of Homer, NY, recognizes that its residents rely on groundwater for their safe drinking water supply, and that certain land uses can contaminate groundwater, particularly in the formation known as the "Cortland-Homer-Preble Aquifer." To ensure the quality and quantity of these drinking water supplies, this article establishes a zoning overlay district to be known as the "Wellhead Protection Overlay District" (the "District"). The purpose of the Wellhead Protection Overlay District is to protect public health and safety by minimizing contamination of the Cortland-Homer-Preble Aquifer (the "Aquifer") and preserving and protecting existing and potential sources of drinking water supplies. It is the intent to accomplish this through both public education and public cooperation, as well as by creating appropriate land use regulations that may be imposed in addition to those currently imposed by existing zoning districts or other regulations. The Wellhead Protection Overlay District is superimposed on current zoning districts and shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expand uses. Applicable activities/uses allowed in a portion of one of the underlying zoning district that fall within the Wellhead Protection Overlay District must additionally comply with the requirements of the district. Uses prohibited in the underlying zoning districts shall not be permitted in the Wellhead Protection Overlay District.
§ 228-54 Definitions.
The definitions enumerated in this chapter shall apply to this article; for the purposes of this district, the following additional terms are defined:
A geological formation, group of formations, or part of a formation composed of rock, sand, or gravel, capable of storing and yielding groundwater to wells and springs.
An impairment of water quality by chemicals, radionuclides, biologic organisms, or other extraneous matter, whether or not it affects the potential or intended beneficial use of water.
The carrying out of any construction, reconstruction, alteration of surface or structure or change of land use or intensity of use.
Something that is built, installed, or established for a particular purpose.
A material which is defined in one or more of the following categories:
A gas, liquid, or solid that may cause fires through friction or absorption of moisture, or which has low flash points (e.g., white phosphorous or gasoline).
A gas, liquid, or solid that is normally considered to be cancer-causing or mutagenic (e.g., PCBs in some waste oils, benzene, xylene, or toluene).
A reactive gas, liquid, or solid that will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combinations thereof (e.g., dynamite, organic peroxides and ammonium nitrate).
A gas, liquid, or solid so dangerous as to afford an immediate and profound hazard to life; or through a single large dose or repeated and/or prolonged exposure represents a threat to human health (e.g., chlorine gas, coal tar, or some petroleum distillates).
Any material, whether acid or alkaline, that will cause severe damage to human tissue, or in case of leakage might damage or destroy other containers of hazardous materials and cause the release of their contents (e.g., battery acid or phosphoric acid).
Additionally, a hazardous material is any substance found listed in 40 CFR Part 261, 40 CFR Part 302, 6 NYCRR 371, or 6 NYCRR 597, alone or in combination, including but not limited to petroleum products, organic chemical solvents, heavy metal sludges, acids with a pH less than or equal to two, alkalis with a pH greater than or equal to 12.5, radioactive substances, pathological or infectious wastes or any material exhibiting the characteristics of ignitability, corrosivity, reactivity, or EP toxicity.
A tank, pit, container, pipe, or vessel of first containment of a liquid or chemical.
An area of land where rainwater infiltrates the ground to reach an aquifer or an area of land from which surface runoff can flow to the land surface above an aquifer and then infiltrate or reach an aquifer.
Any unplanned or improper discharge, leak, or spill of a potential contaminant including a hazardous material.
A second tank, catchment pit, pipe, or vessel that limits and contains liquid or chemical leaking or leaching from a primary containment area; monitoring, and from which recovery is required.
Detailed plans for control, containment, recovery, and clean-up of hazardous material releases, such as during fires or equipment failures.
Measures, either structural or nonstructural, that are determined (pursuant to NYS Department of Environmental Conservation standards, practices, and regulations) to be the most effective, practical means of preventing or reducing point source or non-point-source pollution inputs to stormwater runoff and water bodies.
The distance that groundwater will travel in a specified time. This distance is generally a function of the permeability and slope of the aquifer.
The point(s) of water withdrawal from public wells, the immediately surrounding surface area and the supporting structures and apparatus necessary for the extraction of water from said wells.
The zoning district defined to overlay other zoning districts in the Village of Homer. This district may include specifically designated recharge areas that collect precipitation or surface water and carry it to aquifers.
§ 228-55 Scope of the wellhead protection overlay district.
The Wellhead Protection Overlay District is designated as the area within the Village of Homer limits represented as Wellhead Protection Zone 1 on the map prepared by the Cortland County Planning Department. The methodology used to determine the extent of the Wellhead Protection Overlay District is shown on water supply from the Cortland County Soil and Water Conservation District, dated August 2, 2009, with accompanying diagrams. The memorandum and diagrams are attached to this article as Appendix A.[1]
[1]
Editor's Note: Said appendix is on file in the Village offices.
CRITICAL ENVIRONMENTAL AREA — The Wellhead Protection Overlay District, the Newton Water Works property is by this article designated as a critical environmental area pursuant to Sections 617.14(g) and 617.7 (State Environmental Quality Review Act) of the regulations of the NYS Department of Environmental Conservation.
§ 228-56 Encouraged uses.
The following uses are encouraged within the district, provided they meet the performance standards outlined in § 228-61 below and are designed so as to prevent any groundwater contamination:
Parks, greenways, community gardens or publicly owned recreational areas, such as foot and bicycle paths, ski and snowshoe trails and bridges for these activities.
Necessary public utilities/facilities, including the construction, maintenance, repair, and enlargement of drinking water supply related infrastructure such as but not limited to wells, pipelines and treatment facilities.
§ 228-57 Permitted uses.
All existing uses allowed by right or special permit in the underlying zoning district as of the date of enactment of this article shall be permitted in the Wellhead Protection Overlay District, subject to the provisions of this article.
New construction, including but not limited to expansion of dwellings, structures, or parking areas, consistent with the permitted uses in § 228-57A, above, shall meet all applicable performance standards outlined in § 228-61 below, shall not include any uses prohibited by this article and shall further comply with all underlying zoning and/or permitting requirements.
The Village of Homer Board of Trustees, upon recommendation of the Planning Board, shall review all special permit applications and shall not grant approval unless it finds such expansion conforms to all specifications of the Wellhead Protection Overlay District and does not pose greater potential contamination of groundwater than the existing use.
Applicants for special permits shall provide the Planning Board and the Zoning Board of Appeals with all information necessary or requested by those bodies in order to evaluate the potential for groundwater contamination posed by the subject of the permit. Such information shall include but not be limited to a site plan and description of the anticipated use and/or operation of the subject. The Planning Board and Zoning Board of Appeals may additionally request analyses conducted by qualified professionals of the hydrogeologic impact of the subject application. Any costs related to the provision of such information shall be borne by the applicant. Failure to provide such information may result in denial of the special permit application.
§ 228-58 Nonconforming uses.
A nonconforming use or activity within the Wellhead Protection Overlay District may be continued subject to Article VI of this chapter and all provisions of this article.
§ 228-59 Prohibited uses.
The following uses and activities are prohibited within the Wellhead Protection Overlay District:
All facilities involving the collection, handling, processing, manufacture, use, application, storage, transfer, discharge, or disposal of any hazardous material, toxic substance, solid or liquid waste, or radioactive material.
Automobile body/repair shop.
Fuel stations and petroleum storage facilities.
Fleet/trucking/bus terminal.
Dry cleaner.
Electrical/electronic manufacturing facility.
Machine shop.
Metal plating/finishing/fabricating facility.
Chemical processing/storage facility.
Wood preserving/treating facility.
Junk/scrap/salvage yard.
Mines/gravel pits.
Irrigated nursery/greenhouse stock.
Confined animal feeding operations.
On-site wastewater treatment (i.e., septic) systems.
Equipment maintenance/fueling areas.
Injection wells/dry wells/floor drains.
Underground storage tanks for any chemical or petroleum-based material.
Open liquid waste ponds.
Open storage of pesticides, herbicides, or fungicides.
Enclosed storage of pesticides, herbicides, or fungicides in quantities greater than needed for typical household use.
Open storage of coal.
Open storage of chloride salts or other deicing agents.
The dumping or disposing of snow or ice collected off-site from roadways or parking areas.
Exploration and drilling for natural gas or petroleum.
All uses not permitted in the underlying zoning district.
§ 228-60 Special use provisions.
A special permit shall be required for all newly installed home heating oil tanks, that shall be dual-walled, include containment structures equal to at least 110% of the tank's capacity, and are subject to compliance with those standards described in Articles XIX, XX, and XXI of the Sanitary Code of the Cortland County Health Department and NYS Petroleum Bulk Storage Regulations (6 NYCRR Parts 611 through 614).
Application of pesticides, herbicides, fungicides, or chemical fertilizers shall be performed in accordance with the manufacturer's labeling and recommendations. Property owners who enlist the services of a commercial pesticide, herbicide, or fungicide applicator shall ensure that the applicator is certified and licensed by the NYS Department of Environmental Conservation.
The handling, storage, transfer, and use of small fluid quantities (20 gallons or less) of refined petroleum products (e.g., gasoline, kerosene, or motor oil) for personal, noncommercial purposes is permitted in the district. Waste materials shall be captured and disposed of at authorized collection centers. Spillage shall be contained through the use of absorbent materials or a secondary containment system. The use of water to flush spilled petroleum product residue onto permeable surfaces or into storm drains or dry wells is prohibited.
The residential washing of motor vehicles, outdoor furnishings, and equipment on an intermittent, noncommercial basis is permitted in the district. Such activity will be performed using only non-petroleum-based cleaning products. It is the recommended practice that wastewater from these undertakings be discharged only to permeable, vegetated surfaces.
Newly constructed motor vehicle parking areas shall conform to all state and local regulations governing such development.
§ 228-61 Performance standards.
The following standards shall apply to uses in the Wellhead Protection Overlay District:
Storage of petroleum products in quantities exceeding 20 gallons at one locality must be in elevated steel tanks; such tanks must have a secondary containment system as noted in § 228-61A above.
All permitted facilities must adhere to appropriate federal and state standards for storage, handling and disposal of any hazardous waste materials.
An acceptable contingency plan for all permitted commercial facilities must be prepared for preventing hazardous materials from contaminating the aquifer should floods, fire, or other natural catastrophes, equipment failure, or releases occur:
For flood control, all underground facilities shall include but not be limited to a monitoring system and secondary standpipe above the 100-year flood control level, for monitoring and recovery. For aboveground facilities, an impervious dike, above the 100-year flood level and capable of containing 100% of the largest volume of storage, will be provided with an overflow recovery catchment area (sump).
For fire control, plans shall include but not be limited to a safe firefighting procedure, a fire retarding system, effective containment of any liquid runoff, and provide for dealing safely with any other health and technical hazards that may be encountered by disaster control personnel in combating fire. Hazards to be considered are pipes, liquids, chemicals, or open flames in the immediate vicinity.
For equipment failures, plans shall include but not be limited to below-ground-level removal and replacement of leaking parts, a leak detection system with monitoring, and an overfill protection system, above-ground-level liquid and leaching monitoring of primary containment systems, the replacement, or repair and cleanup and/or repair of the impervious surface.
For any other release occurring, the owner and/or operator shall report all incidents involving liquid or chemical material to the Superintendent of the Department of Sewer and Water.
Since it is known that improperly abandoned wells can become a direct conduit for contamination of groundwater by surface water, all abandoned wells must be properly plugged according to local and state regulations.
§ 228-62 Special permits.
In addition to or in accordance with all other provisions of this article, the following uses or activities shall require the applicant to obtain a special permit from the Village of Homer Planning Board upon recommendation of the Cortland County Planning Board.
§ 228-63 Liability.
Nothing in this article shall be construed to imply that the Village of Homer or any of the departments in its jurisdiction has accepted any of an owner/developer's liability if a permitted facility, or use contaminates groundwater in any aquifer.
§ 228-64 Change in use or ownership.
Where a special permit has been issued, a change in either use or ownership requires an application for a new special permit.
In the event that a change in ownership does not result in any change in use, the special permit shall be reviewed by the Planning Board, and shall be reissued if all requirements of this article are met or have been updated to meet current standards under this article.
§ 228-65 Public hearing.
A public hearing shall be held prior to final consideration of the request for a special permit. Notice of the public hearing shall be published in the official Village newspaper not more than 10 days nor less than five days before the date of the public hearing.
§ 228-66 Enforcement.
Enforcement of this article shall be in accordance with this chapter.
§ 228-67 Map amendment.
The Official Zoning Map is hereby amended to include the Wellhead Protection Zones map prepared by the Cortland County Planning Department, said map bearing the same date as the adoption of this article.