Mc Graw Village City Zoning Code
ARTICLE VIII
Groundwater Protection Overlay District
§ 175-15 Purpose.
The purpose and intent of establishing a Groundwater Protection Overlay District is to assist in the preservation of the public health, general welfare and safety of the residents of the Village of McGraw and to facilitate the adequate provision of water through the elimination or prevention of groundwater contamination in the vicinity of the wells which supply public drinking water.
§ 175-16 Scope and applicability.
The Groundwater Protection Overlay District shall be considered as overlaying other existing districts as shown on the Zoning Map of the Village of McGraw. Any uses not permitted in the underlying district shall not be permitted in the Groundwater Protection Overlay District. Any uses permitted in the underlying district shall be permitted in the Groundwater Protection Overlay District, except where the Groundwater Protection Overlay District prohibits or imposes 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.
§ 175-17 Establishment and delineation.
Within the Groundwater Protection Overlay District within the Village of McGraw, there are certain groundwater protection subareas which consist of the following:
Area I Wellhead Protection Area - zone of contribution: those land areas within the Village which overlie the Cortland-Homer-Preble Aquifer and which are determined to be within the zone of contribution of the municipal water supplies.
Area II Wellhead Protection Area - Tributary Watershed Zone: those land areas within the Village which are outside the Cortland-Homer-Preble Aquifer and which contribute recharge water to Area I via overland runoff and/or surface streams.
Area III Aquifer Area: those areas within the Village which overlie the Cortland-Homer-Preble Aquifer and which are believed to be outside of the zone of contribution of the municipal water supplies.
§ 175-18 Critical environmental area designation.
Groundwater Protection Overlay District Areas I and II are hereby designated as a critical environmental area pursuant to § 617.14(g) of the regulations of the New York State Department of Environmental Conservation.
§ 175-19 Permitted uses.
The Groundwater Protection Overlay District shall be considered as overlying other zoning districts. All uses permitted in the portions of the districts so overlaid shall be permitted in the Groundwater Protection Overlay District subject to the provisions of this article.
§ 175-20 Prohibited uses and activities.
The following uses and activities are prohibited within specified subareas of the Groundwater Protection Overlay District under the provisions of this article:
Manufacturing, processing or storage of bulk quantities of any hazardous material, hazardous waste or toxic substances in Areas I and II.
Underground storage or outdoor, aboveground storage of petroleum in Areas I and II, except for on-site consumption and transportation for public-school-sponsored activities.
Construction of septic systems or other on-site methods of wastewater disposal in Area I.
Construction of new multifamily dwellings using septic systems in Areas I, II and III.
Construction, of new single- or two-family dwellings using septic systems on lots of less than two acres in Areas I, II and III.
Dumping, disposal and stockpiling of snow or ice collected from roadways or parking areas in Areas I and II.
Bulk storage of deicing materials or coal except in a watertight, ventilated structure constructed on an impervious surface in Areas I and II.
Commercial excavation and extraction of soils, sands and gravels in Areas I, II and III.
Paving or other uses rendering impervious areas with an areal extent greater than 12,000 square feet in Area I.