Prior to issuance of a building permit, certificate of occupancy or certificate of use, the Building Inspector shall insure compliance with this section.

Part 5, Subpart 5-1, of the Compilation of the Rules and Regulations of New York State (NYCRR) provides for minimum separation distances of up to 300 feet between public water supply wells and certain activities. This subpart only requires the permittee to control 200 feet from the public water supply. To ensure that wells serving public water supply systems as defined in 5 NYCRR 5-1 (generally, any well having five or more service connections or serving more than 25 individuals on average for at least 60 days out of the year) in the Town of Montgomery are protected from contamination consistent with these requirements, the Building Inspector shall not issue a permit where the following activities are proposed on a lot within 300 feet of a lot containing a public water supply well:

Where such activities are proposed on a lot within 300 feet of a lot containing a public water supply well, the Building Inspector shall require site plan approval by the Planning Board, which shall ensure that no such activities are proposed within minimum separation distances of the public water supply well as required by 5 NYCRR 5-1 and its Appendix 5-B (standards for water wells). Where such activities are proposed beyond the 300-foot separation distance, the Planning Board may approve the site plan provided that all appropriate safeguards are implemented to ensure the water quality of the public water supply well.

In discharging this responsibility, the Building Inspector may require any applicant proposing these activities to provide: