Liberty Village City Zoning Code
ARTICLE XI
Water Supply Protection Overlay Zones
§ 87-81 Purpose and intent.
The purpose and intent of establishing water supply protection overlay zones is to assist in the preservation of public health, general welfare, and safety to the residents of the Village of Liberty and to facilitate the adequate provision of water through the elimination or prevention of groundwater contamination in the vicinity of the well(s) which supply public water.
§ 87-82 Scope and applicability.
Water supply protection overlay zones shall be considered as overlaying other existing zones as shown on the zoning map. Any uses not permitted in the underlying zone shall not be permitted in the water supply protection overlay zones. Any uses permitted in the underlying zone shall be permitted in the water supply protection overlay zones, except where the water supply protection overlay zones prohibit or impose greater or additional restrictions and requirements. In any cases where conflicts arise between these requirements and any other existing regulations, the more restrictive regulations shall apply.
§ 87-83 Establishment and boundaries of water supply protection overlay zones.
There are hereby established within the Village of Liberty, two water supply protection overlay zones. These zones are delineated on a map entitled "Water Supply Protection Overlay Zones Map" filed with the Village Clerk. These zones are described as follows:
§ 87-84 Definitions.
Materials stored in large quantities which are usually dispensed in smaller units for use or consumption.
The degradation of natural water quality as a result of human activities to the extent that its usefulness is impaired.
Any bulk quantities of chloride compounds and other deicing compounds intended for application to roads, including mixtures of sand and chloride compounds in any proportion where the chloride compounds constitute over 8% of the mixture. Bulk quantity of chloride compounds means any quantity, but does not include any chloride compounds in a solid form which are packaged in waterproof bags or containers which do not exceed 100 pounds each.
The discharge, deposit, injection, dumping, spilling, leaking, or release by any other means of a substance to the surface or subsurface of the ground, surface waters, or groundwater.
Any commercially produced mixture generally containing phosphorous, nitrogen, and potassium which is applied to the ground to increase nutrients from plants.
Any substance listed as a hazardous substance in 6 NYCRR Part 591, Hazardous Substance List, or a mixture thereof In general, a hazardous substance means any substance which:
Because of its quantity, concentration, or physical, chemical, or infectious characteristics poses a significant hazard to human health or safety if improperly treated, stored, transported, disposed of, or otherwise managed;
Poses a present or potential hazard to the environment when improperly treated, stored, transported, disposed of, or otherwise managed;
Because of it toxicity or concentration within biological chains, presents a demonstrated threat to biological life cycles when released into the environment.
A waste, or combination of wastes, which are identified or listed as hazardous pursuant to 6 NYCRR Part 371, Identification and Listing of Hazardous Wastes. Hazardous wastes include but are not limited to petroleum products, organic chemical solvents, heavy metal sludges, acids with a pH less than or equal to 2.0, 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.
Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed, and those substances defined pursuant to Environmental Conservation Law § 33-0101.
Shall mean human feces and urine.
Any man-made material, such as pavement used in parking lots or driveways or any building or other structure on a lot, that does not allow surface water to penetrate into the soil.
Shall mean animal feces and urine.
The use of petroleum to heat or cool a residential or nonresidential structure, to operate machinery necessary for agricultural activities, or for processing or manufacturing activities. On-site consumption does not include the sale or distribution of petroleum for or into vehicles, except vehicles used only on-site.
Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use a plant regulator, defoliant, or desiccant, and those substances defined pursuant to Environmental Conservation Law § 17-0105.
Any petroleum-based oil of any kind which is liquid at 20° C. under atmospheric pressure and has been refined, re-refined, or otherwise processed for the purpose of:
Any material in any form that emits radiation spontaneously, excluding those radioactive materials or devices containing radioactive materials which are exempt from licensing and regulatory control pursuant to regulations of the New York State Department of Labor or the United States Nuclear Regulatory Commission.
Anything putrescible or nonputrescible that is discarded or rejected as useless or worthless.
A structure which prevents any materials that have spilled or leaked from primary containment structures, such as piping, tanks or other containers, from reaching the land surface, subsurface, or a water body.
The contents of a septic tank, cesspool, or other individual wastewater treatment work which receives domestic sewage wastes.
The solid, semi-solid, or liquid waste generated from a waste processing facility, but does not include the liquid stream of effluent.
Any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials including solid, liquid, semi-solid, or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, and from community activities.
Any discharge of a substance from the containers employed in storage, transfer, processing, or use.
§ 87-85 Permitted uses.
All uses currently permitted under the Village of Liberty Zoning Ordinance and Map are permitted in the Aquifer Protection Overlay Zone (AP Overlay) and the Tributary Watershed Protection Overlay Zone (TW Overlay) subject to the additional requirements as indicated in §§ 87-86 and 87-87 of this article.
§ 87-86 Prohibited uses.
A.
Aquifer Protection Overlay Zone (AP). The following uses and activities are specifically prohibited in the Aquifer Protection Overlay Zone in order to safeguard groundwater resources which serve as the Village's drinking water supply:
(1)
Establishment of any raw waste landfill, sanitary landfill, solid waste landfill ash landfill, construction and demolition debris landfill, junkyard, salvage yard, impoundment yard, or dump.
(2)
Establishment of any hazardous waste treatment, storage, or disposal facility.
(3)
Discharge, surface land application or disposal or any hazardous substance, hazardous waste, petroleum, or radioactive material.
(4)
Surface land application of septage, sludge, or human excreta.
(5)
Outdoor uncovered stockpiling or bulk storage of manure, coal, deicing chloride salts, or artificial fertilizers.
(6)
Storage and application of pesticides, herbicides, fungicides, and fertilizers for commercial agricultural purposes without authorization from the New York State Department of Environmental Conservation.
(7)
Disposal of snow containing deicing salts/chemicals removed from streets, roads, and parking areas and that has been transported from areas outside of the Aquifer Protection Overlay Zone.
(8)
Construction of pipelines that carry toxic or hazardous liquids.
(9)
Construction of on-site wastewater disposal systems (septic systems) or other wastewater treatment works.
(10)
Underground storage of petroleum products except for replacement of existing underground storage facilities with facilities of lesser or equal volume in accordance with § 87-87 of this article.
(11)
Underground or outdoor, aboveground storage of hazardous substances, hazardous waste, pesticides, herbicides, IHI fertilizers, and bulk storage of chemicals.
(12)
Outdoor, aboveground storage of petroleum products, except for replacement of existing petroleum storage facilities with facilities of lesser or equal volume in accordance with § 87-87 of this article.
(13)
Mining operations from which earth materials are removed for sale, exchange, or other use except for excavation and grading operations which are conducted solely in aid of on-site construction or fanning.
(14)
Installation of new sewers which do not meet AWWA specifications for pressurized water pipes.
B.
Tributary Watershed Protection Overlay Zone (TW). The following uses and activities are specifically prohibited in the Tributary Watershed Protection Overlay Zone in order to safeguard groundwater resources which serve as the Village's drinking water supply:
(1)
Dumping of snow removed from streets, roads, and parking areas within 100 feet of streams and watercourses.
(2)
Establishment of any raw waste landfill, sanitary landfill, solid waste landfill, ash landfill, construction and demolition debris landfill, junkyard, salvage yard, impoundment yard, or dump.
(3)
Establishment of any hazardous waste treatment, storage, or disposal facility.
(4)
Discharge, surface land application or disposal or any hazardous substance, hazardous waste, petroleum, or radioactive material.
(5)
Surface land application of septage, sludge, or human excreta.
(6)
Outdoor uncovered stockpiling or bulk storage of manure, coal, deicing chloride salts, or artificial fertilizers.
(7)
Storage and application of pesticides, herbicides, fungicides, and fertilizers for commercial agricultural purposes without authorization from the New York State Department of Environmental Conservation.
§ 87-87 Additional requirements for Aquifer Protection Overlay Zone.
The following requirements and standards shall be observed for proposed uses located within the Aquifer Protection Overlay Zone.
A.
Lot coverage. A minimum of 20% of any lot shall be vegetation growing and live.
B.
Stormwater runoff. Proposed uses in the Aquifer Protection Overlay Zone must meet the following standards for stormwater runoff:
(1)
There shall be no more stormwater runoff into streams or storm sewers than before development.
(2)
The off-site impacts of erosion and sedimentation from the proposed use shall not be any greater during and following land disturbance activities under predevelopment conditions.
(3)
All stormwater runoff from new impervious surface areas shall be recharged to groundwater on-site using infiltration basins, pits, trenches or impoundments in accordance with the design criteria for these stormwater management techniques as described in Chapter 6 of the 2015 NYSDEC Stormwater Design Manual (as amended or replaced from time to time) for commercial/industrial parking lots which produce significant loads of grit and oil, oil/grit separators (water quality inlets) are required to remove sediment and hydrocarbons which would clog soils and lead to failure of the infiltration structure.
(4)
The applicant shall prepare or have prepared a stormwater management and erosion control plan using the outline presented in Chapter 2 and Appendix E of the NYSDEC November 2013 New York State Standards and Specifications for Erosion and Sediment Control (as amended or replaced from time to time).
C.
Underground petroleum storage. Proposed underground petroleum storage in the Aquifer Protection Overlay Zone must meet the following standards:
General reference: Any construction and use must meet DEC, federal, or Village standards, whichever is more stringent.
(1)
New facilities for the underground storage of petroleum products are prohibited in the Aquifer Protection Overlay Zone. Replacement underground petroleum storage facilities for the sale/distribution of petroleum for vehicles are permitted if the new storage facilities are of equal or lesser capacity and are installed in accordance with the requirements of § 87-87C(2) and (3) of this article.
Any person installing a replacement underground petroleum storage facility must apply to the Village of Liberty Code Enforcement Officer for an applicable building permit prior to commencement of installation. In addition, any person installing an underground storage facility must give at least 24 hours' notice to the Village of Liberty Code Enforcement Officer prior to commencement of excavation.
After installation of underground petroleum storage facilities, the Village Code Enforcement Officer is authorized to perform periodic inspections of facilities that store petroleum to ensure that these facilities are in compliance with the requirements and standards of this article. The owner or the owner's designee shall grant the Code Enforcement Officer access to the site at a mutually agreeable time within 72 hours of notice of inspection.
(2)
The storage of petroleum in underground tanks at a facility 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 Part 613. In addition, for storage of petroleum in underground tanks at facilities with a combined storage capacity of over 1,100 gallons, all facilities shall be equipped with a) double-walled piping or other form of secondary containment and a piping leak detection system; and b) fill ports with an installed spill catchment basin to hold any leak or spill from delivery hose. Any person with knowledge of a spill, leak, or discharge of petroleum must report the incident to the Village of Liberty Code Enforcement Officer and to the New York State Department of Environmental Conservation within two hours of discovery.
(3)
The underground storage of petroleum at a facility with a combined capacity of less than or equal to 1,100 gallons, shall be in accordance with the following requirements:
(a)
All new storage tank(s) must be made of fiberglass reinforced plastic, steel which is cathodically protected, or steel which is clad with fiberglass;
(c)
Tank leak monitoring system;
(d)
Double-walled piping or other form of secondary containment and a piping leak detection system;
(e)
Overfill prevention system (high level alarm, automatic shutoff device, etc.); and
(f)
Fill ports with an installed spill catchment basin to bold any leak or spill from delivery hose.
(4)
As part of the monitoring, the owner or operator must weekly monitor for traces of petroleum and inspect monitoring systems monthly to keep them in working order. Monitoring and inspection records must be maintained on-site. In addition, daily inventory tank records must be kept on-site for each tank. Any unexplained inventory losses should be reported within 48 hours to the Village of Liberty Code Enforcement Officer. Any person with knowledge of a spill, leak, or discharge of petroleum must report the incident to the Village of Liberty Code Enforcement Officer and to the New York State Department of Environmental Conservation within two hours of discovery.
D.
Aboveground petroleum storage. Proposed uses in the Aquifer Protection Overlay Zone must meet the following standards for aboveground petroleum storage:
(1)
Only outdoor, aboveground storage of petroleum products for on-site consumption are allowed within the Aquifer Protection Overlay Zone. No new facilities for off-site consumption/use are permitted. Replacement of aboveground petroleum storage facilities for off-site consumption/use, including the sale/distribution of petroleum for vehicles are permitted if the new storage facilities are of equal or lesser capacity and are installed in accordance with the requirements of § 87-87D(2) and (3) of this article.
Any person installing a replacement aboveground petroleum storage facility for processing, manufacturing, or the sale/distribution of petroleum for vehicles must apply to the Village of Liberty Code Enforcement Officer for an applicable building permit prior to commencement of installation. In addition, any person installing an aboveground storage facility must give at least 24 hours' notice to the Village of Liberty Code Enforcement Officer prior to commencement of installation.
After installation of aboveground petroleum storage facilities, the Village Code Enforcement Officer is authorized to perform periodic inspections of facilities that store petroleum to ensure that these facilities are in compliance with the requirements and standards of this article. The owner or the owner's designee shall grant the Code Enforcement Officer access to the site at a mutually agreeable time within 72 hours of notice of inspection.
(2)
The storage of petroleum in aboveground tanks at a facility 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 Part 613. In addition, for storage of petroleum in aboveground tanks at facilities with a combined storage capacity of over 1,100 gallons, all facilities shall be equipped with:
(a)
Double-walled piping or other form of piping secondary containment and a piping leak detection system;
(b)
Cathodic protection for any steel/iron underground piping;
(c)
A dike, berm or other secondary containment structure composed of impermeable material which is designed to contain at least 110% of the volume of the largest tank enclosed by the containment structure;
(d)
Visual gauges to monitor fluid levels and/or high level alarms to warn of an imminent overfill;
(e)
Spill prevention valves;
(f)
Tank labels; and
(g)
Security against unauthorized entry into storage areas.
Any person with knowledge of a spill, leak, or discharge of petroleum must report the incident to the Village of Liberty Code Enforcement Officer and to the New York State Department of Environmental Conservation within two hours of discovery.
(3)
The storage of petroleum in aboveground tanks at a facility with a combined storage capacity of less than or equal to 1,100 gallons for processing, manufacturing, or the sale/distribution of petroleum for vehicles shall be in accordance with the following requirements:
(a)
Tanks must be made of steel;
(b)
Tank bottoms which rest on or in the ground must be cathodically protected;
(c)
All tanks must be protected by a primer coat, and bond coat, and two or more final coats or equivalent;
(d)
Impermeable barrier under tank bottoms (concrete pad, synthetic liner, clay, or other impermeable material);
(e)
Leak monitoring system (electronically, or perforated gravity collection pipes or channels in concrete pad;
(f)
Double-walled piping or other form of piping secondary containment and a piping leak detection system;
(g)
Cathodic protection for any steel/iron underground piping;
(h)
A dike, berm or other secondary containment structure composed of impermeable material which is designed to contain at least 110% of the volume of the largest tank enclosed by the containment structure;
(i)
Visual gauges to monitor fluid levels and/or high level alarms to warn of an imminent overfill;
(j)
Spill prevention valves;
(k)
Tank labels;
(l)
Security against unauthorized entry into storage areas.
The owner or operator of an aboveground storage facility must monitor daily for traces of petroleum in the leak monitoring system and inspect all aspects of the facility at least monthly. Monitoring and inspection records must be maintained on-site. Any person with knowledge of a spill, leak, or discharge of petroleum must report the incident to the Village of Liberty Code Enforcement Officer and to the New York State Department of Environmental Conservation within two hours of discovery.
(4)
Indoor storage facilities for petroleum, except for on-site consumption in residences and household uses (operating lawn care equipment, recreational vehicles, etc.), shall meet all applicable local, state, and federal requirements and the following design requirements:
(a)
Petroleum shall be stored in product-tight closed containers, containers equipped with a lid, or steel tanks;
(b)
All storage areas shall be equipped with a secondary containment structure built of impervious material;
(c)
No storage areas shall be located in proximity to floor drains;
(d)
Storage areas shall be secured against unauthorized entry;
(e)
The tank or containers shall be mounted/stored on a concrete floor or pad;
(f)
For tanks, visual gauges installed to monitor fluid levels and/or high level alarms to warn of an imminent overfill;
(g)
For tanks, spill prevention valves; and
(h)
Tank/container labels.
Any person with knowledge of a spill, leak, or discharge of petroleum must report the incident to the Village of Liberty Code Enforcement Officer and to the New York State Department of Environmental Conservation within two hours of discovery.
After site development, the Village Code Enforcement Officer is authorized to perform periodic inspections of facilities that store petroleum indoors to ensure that these facilities are in compliance with the requirements and standards of this Article. The owner or the owner's designee shall grant the Code Enforcement Officer access to the site at a mutually agreeable time within 72 hours of notice of inspection.
(5)
The preferred method for storage of petroleum for on-site consumption shall be the installation of storage tanks indoors in the basement of 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, then outdoor, aboveground storage of petroleum for on-site consumption shall be permitted provided that the following are installed:
E.
Hazardous substance, pesticide, herbicide, and fertilizer storage. Proposed uses in the Aquifer Protection Overlay Zone must meet the following standards for hazardous substance, pesticide, herbicide, and fertilizer storage:
(1)
Underground or outdoor, above ground storage of hazardous substances, pesticides, herbicides, and fertilizers is prohibited.
(2)
Discharge, surface land application or disposal or any hazardous substance or radioactive material is prohibited.
(3)
Indoor storage areas for quantities of hazardous substances, pesticides, herbicides, and fertilizers that total more than 250 dry weight or 50 gallons liquid shall meet all applicable federal and state requirements and the following requirements and standards (storage in original, sealed containers for the purpose of resale shall be exempt from Subsection E(2)(c) and (d)):
(a)
All products shall be stored in product-tight containers with a lid;
(b)
Each container shall be clearly labeled;
(c)
Drip pans shall be located under the spigots of drums or containers stored in a horizontal position;
(d)
All storage areas shall be equipped with a pad and a dike, berm or other secondary containment structure built of impervious material;
(e)
No storage areas shall be located adjacent to floor drains;
(f)
Absorbent material shall be kept on hand for emergency cleanups and containments; and
(g)
Storage areas shall be secured against unauthorized entry.
(4)
An accurate log or inventory of hazardous substances, pesticides, herbicides, and fertilizers on-site shall be maintained.
(5)
Any person with knowledge of a spill, leak, or discharge must report the incident to the Village of Liberty Code Enforcement Officer and to the New York State Department of Environmental Conservation within two hours of discovery.
(6)
After site development, the Village Code Enforcement Officer is authorized to perform periodic inspections of facilities that store hazardous substances indoors to ensure that these facilities are in compliance with the requirements and standards of this article. The owner or the owner's designee shall grant the Code Enforcement Officer access to the site at a mutually agreeable time within 72 hours of notice of inspection.
F.
Floor drains.
(1)
All floor drains for a proposed use within the Aquifer Protection Overlay Zone shall be connected to an oil and grit separating tank that is connected to the municipal sewer system. Floor drains which are connected to the sanitary sewer must meet discharge limits and permit requirements established by the Wastewater Treatment Plant Discharge of floor drains to the ground surface, subsurface, or water courses is prohibited.
G.
Hazardous waste storage and disposal. Proposed uses in the Aquifer Protection Overlay Zone must meet the following standards for temporary storage and proper disposal of hazardous waste:
(1)
Underground or outdoor, aboveground storage of hazardous waste is prohibited.
(2)
Discharge, surface land application or disposal or any hazardous waste is prohibited.
(3)
Establishment of any hazardous waste treatment, storage, or disposal facility is prohibited.
(4)
The owner or applicant of a facility generating hazardous waste shall demonstrate the availability and feasibility of temporary indoor storage methods which are in accordance with all applicable local, state, federal laws, and the requirements of this article for hazardous waste to be produced in quantities greater than those associated with normal household or agricultural use.
(5)
Generators of hazardous waste may only accumulate hazardous waste for a period of 90 days or less.
(6)
The owner or applicant shall demonstrate that wastes will be properly handled and stored until disposed of at a licensed hazardous waste treatment, storage, or disposal facility by a licensed waste hauler.
(7)
Temporarily accumulated hazardous waste will be in accordance with all applicable local, state, federal regulations and the following standards:
(a)
All wastes stored in product-tight containers with a lid;
(b)
Each container shall be clearly labeled with the waste product and the date of generation;
(c)
Drip pans shall be located under the spigots of drums or containers stored in a horizontal position;
(d)
All storage areas shall be equipped with a pad and a dike, bean or other secondary containment structure built of impervious material;
(e)
No storage areas shall be located adjacent to floor drains;
(f)
Absorbent material shall be kept on hand for emergency cleanups and containments; and
(g)
Storage areas shall be secured against unauthorized entry.
(8)
An accurate log or inventory of hazardous wastes stored on-site shall be maintained, including a description of the waste contained in container, the date of waste generation, the date of removal by a licensed waste hauler, and the name and address of the licensed waste hauler.
(9)
Any person with knowledge of a spill, leak or discharge must report the incident to the Village of Liberty Code Enforcement Officer and to the New York State Department of Environmental Conservation within two hours of discovery.
(10)
After site development, the Village Code Enforcement Officer is authorized to perform periodic inspections of facilities that generate and temporarily store hazardous waste indoors to ensure that these facilities are in compliance with the requirements and standards of this article and do not pose a threat to the water supply. The owner or the owner's designee shall grant the Code Enforcement Officer access to the site at a mutually agreeable time within 72 hours of notice of inspection.