Montebello City Zoning Code
ARTICLE VIII
Aquifers and Wellheads 1
§ 195-37 Aquifer and wellhead protection.
[Added 6-20-2018 by L.L. No. 4-2018]
A.
Findings and purpose. The Village of Montebello finds that protection of groundwater is essential to promoting the health, safety, and welfare of the Village. The purpose of these aquifer and wellhead protection standards are to protect, preserve, and maintain the quality and quantity of the groundwater resources, which the Village depends upon entirely for its present and future public water supply, as well as for the supply of numerous private wells in the Village of Montebello and the region. As used herein, "present and future" means any wells or springs currently in use for public water supply purposes, any potential wellhead areas that have been identified and are under study or planned for future use, as well as those wellhead areas identified for study from the time so designated.
B.
Definition of aquifers and wellheads. The locations of aquifers and public water supply wellheads are shown on the Aquifers and Wellheads Map, dated September 17, 2019, which, with all explanatory matter thereon, is hereby adopted and made part of this chapter. A copy of said map, indicating the latest amendments, shall be kept up-to-date in the offices of the Village Clerk-Treasurer for the use and benefit of the public. The entire Village overlays federal sole source aquifers and the west side of the Village rests upon a mapped New York State primary/principal aquifer.
NOTE: See Chapter 195, Attachment 7.
[Amended 11-13-2019 by L.L. No. 6-2019]
C.
Applicability.
(1)
Any application for subdivision approval, special use permit, site plan approval, or building permit, under this chapter or Chapter 163, Subdivision of Land, shall be subject to the aquifer use restrictions below. The applicant shall show, on any required submissions, which portion of the subject property lies within the New York State primary aquifer and which portion lies within the federal sole source aquifer, as identified on the Aquifer Map.
(2)
Existing development, uses or activities not in compliance with the aquifer use restrictions below are considered legally nonconforming uses or activities. Any change in a legally nonconforming use or activity with respect to the standards of this § 195-378 shall be subject to the requirements of this section. Notwithstanding the foregoing, if any permitted nonconforming uses or activities are found to pose a potential or imminent hazard to health, they shall be deemed violations of this chapter.
D.
Aquifer use restrictions for all lands in Montebello. The following use restrictions and requirements shall apply to all lands located within the Village of Montebello. These use restrictions are in addition to those prohibited uses listed in § 195-11, and are not intended to supersede the New York State Agriculture and Markets Law or the New York State Environmental Conservation Law governing acceptable agricultural practices.
(1)
Disposal wells. The installation or use of disposal wells is prohibited.
(2)
Animal wastes. Manure piles shall not be permitted unless provision has been made to prevent seepage into groundwater. Suitable storage facilities shall be required when it is not possible to spread or dispense of wastes on a daily basis.
(3)
Industrial sludge and toxic chemicals. No toxic or hazardous substances, defined as such by the United States Environmental Protection Agency or the New York Department of Environmental Conservation, shall be stored except under permit from those agencies.
(4)
Wastewater lagoons and pits. Use of wastewater lagoons and pits for temporary storage of wastewater is prohibited. All storage facilities shall be watertight, located above ground, and under permit by the New York Department of Environmental Conservation.
(5)
Disposal. Disposal of toxic chemicals, industrial sludge, or radioactive materials is prohibited.
(6)
Fertilizer storage. All bulk storage of fertilizers for agricultural or commercial use must be within a building or structure which will prevent any seepage or runoff.
(7)
Salt and coal stockpiles. The storage of salts or coal is prohibited except in a completely enclosed building or structure, which will prevent any seepage or runoff containing such materials.
(8)
Potable water wells. All potable water supply wells shall be constructed in accordance with the requirements of the Rockland County Department of Health.
(9)
Decommissioned wells. All decommissioned wells shall be sealed in accordance with the requirements of the Rockland County Department of Health.
E.
Aquifer use restrictions for the New York State primary/principal aquifer areas and within 500 feet of public water supply wellheads. The following use restrictions and requirements shall apply to all lands located within the New York State primary/principal aquifer, or which are located within 500 feet of public water supply wellheads. The restrictions below are in addition to all of those listed in Subsection D above. These use restrictions are not intended to supersede the New York State Agriculture and Markets Law or the New York State Environmental Conservation Law governing acceptable agricultural practices.
(1)
Protection of natural vegetation, clearing limits. To ensure maximum water recharge and to minimize the potential for fertilized vegetation, natural vegetation located on a tract or lot shall be preserved to the maximum extent possible, consistent with the following parameters:
(a)
In connection with any site plan or any building permit for the construction of a single-family home, the natural vegetation on a lot or a tract in the New York State primary/principal aquifer area or within 500 feet of public water supply wellheads shall not be disturbed except as authorized herein.
(b)
For nonresidential lots and tracts, subdivisions, and for two- or three-family homes or other multifamily projects, the total amount of disturbance of natural vegetation shall not exceed 50% of the gross area of the lot or tract. The Planning Board may alter or waive the provisions of this subsection where nonresidential lots or tracts, subdivisions, or multifamily projects proposed for development otherwise would meet the provisions of Village Code and a revegetation program which protects the aquifer is incorporated into the project design.
(c)
For single-family detached residences, the amount of disturbance of natural vegetation shall not exceed the following percentages as reduced by any environmental or easement constraints pursuant to § 195-14A.
Lot Size (square feet) | Percentage of Minimum Lot Area (see § 195-14A) |
|---|---|
1 to 15,000 | 75% |
15,001 to 30,000 | 60% |
30,001 to 60,000 | 50% |
60,001 to 90,000 | 35% |
90,001 to 140,000 | 25% |
140,001 to 200,000 | 20% |
200,001 or greater | 15% |
(d)
The Planning Board, when considering the residential subdivision of a tract within the aquifer and wellhead protection area, shall utilize development or building envelopes, scenic easements, reserved areas, covenants and restrictions or any other reasonable means to best implement the requirements of this section during later building permit application reviews.
(2)
Fertilizer, pesticide and herbicide use. No fertilizers, pesticides or herbicides shall be stored or applied except in compliance with this section. All storage of fertilizers, pesticides and herbicides within the New York State primary/principal aquifer or within 500 feet of public water supply wellheads shall be within a building. All such use, storage, or application of fertilizers, pesticides and herbicides shall be in accordance with the requirements of the New York State Environmental Conservation Law and its implementing regulations. Fertilizers, pesticides and herbicides shall be applied in manner and amount, in accordance with a landscape plan subject to review and approval of the Planning Board. However, individual homeowners and commercial agriculture uses may apply pesticides and fertilizers on their own property in accordance with product label instructions and shall be exempt from the Planning Board landscape plan review requirements of this section.
(3)
Storage tanks and pipelines. The installation, construction, placement, or replacement of new or existing underground storage tanks or containers of 1,100 gallons or less for petroleum products, including their pipelines, or underground storage tanks, pipelines, or containers for any other toxic chemical is prohibited in connection with all uses, including home fuel storage tanks for residential purposes. All above-ground storage tanks of 1,100 gallons or less for petroleum products, pipelines, and transfer areas shall, to the maximum extent feasible, be designed to minimize the risk of groundwater contamination by incorporating backup/secondary containment structures, impervious surfaces, catchment areas, and other features. The Village reserves the right to prohibit installation or expansion of above-ground storage tanks of 1,100 gallons or less for petroleum products or installation or expansion of above-ground storage tanks, pipelines, or containers for any other toxic chemical, where consistent with the purpose and standards of this section. This subsection is intended to be consistent with the requirements of the New York State Petroleum Bulk Storage Code found in 6 NYCRR 612, 613, and 614, which regulates storage tanks holding 1,100 gallons or more.