Putnam Valley City Zoning Code
ARTICLE VII
Environmental Management District Regulations
§ 165-22 Purpose.
A.
Environmental Management Districts may consist of one or more of the following overlay districts: Wetlands and Watercourse (W) District, Hillside Management (HM) District and Ground and Surface Water Protection (WP) District. These districts were created to provide regulations for certain special aspects of land use and development as they pertain to public safety, environmental protection and the preservation of scenic and cultural resources. An Environmental Management District shall function as an overlay zone and shall be used in combination with the base zoning districts. If there is any conflict between the requirements of the overlay zone and the base district, the more restrictive requirement shall apply.
B.
In considering any special permit, site plan, project development plan or subdivision plan, the Planning Board shall, to the maximum extent practicable, maintain the areas delineated in an Environmental Management District as perpetual open space, directing allowable development into those areas not mapped within the district.
§ 165-23 Designation.
[Amended 6-20-2018 by L.L. No. 2-2018]
Environmental Management Districts shall be designated by means of the following methods, which may be used alone or in any combination:
§ 165-24 Wetlands and Watercourse (W) Overlay District.
A.
Purpose and intent. The purpose and intent of the Wetlands and Watercourses (W) Overlay District is to implement programs and policies of the Master Plan and Chapter 144, Freshwater Wetlands, of the Code of the Town of Putnam Valley, as they relate to preserving resources for flood protection, erosion control, wildlife habitat, pollution treatment, open space, groundwater and surface water quality, recreation and other benefits associated therewith.
§ 165-25 Hillside Management (HM) District.
A.
Purpose and intent.
(1)
The purpose and intent of the Hillside Management (HM) District is to implement the programs and policies of the Master Plan, as they relate to protecting designated ridgelines and steeply sloped areas from erosion and maintaining the natural character and amenity of hillsides and ridgelines as a scenic resource of the town.
(2)
In reviewing plans for development in hillside areas and along designated ridgelines, the Planning Board shall act to ensure the attainment of the following objectives:
(a)
The preservation of natural topographic features and appearances by means of land sculpturing so as to blend any manmade or manufactured slope into the natural topography.
(b)
The retention of major natural skyline profiles so as to avoid abrupt changes in grade.
(c)
The retention of major natural topographic features, such as drainage swales, steep slopes, watershed areas, floodplain, view corridors and scenic vistas.
(d)
The preservation and enhancement of prominent landmark features, such as natural rock outcroppings, prominent trees and plants, other areas of special natural beauty and stone walls and structures.
(e)
The design and arrangement of building sites, utilizing increased lot sizes, greater setbacks and setback variations and reduced residential densities on steeper terrain so as to limit the extent of grading alterations.
(f)
The utilization of clustered sites and buildings in areas with extreme topographical features so as to reduce grading alterations on slopes.
(g)
The utilization of varying setbacks, building heights, innovative building techniques and compatible building forms and materials which serve to blend all buildings into the terrain.
(h)
The utilization of building designs, locations and arrangements which serve to avoid a continuous intrusive skyline effect and which afford view, privacy and protection.
(i)
The preservation and introduction of plants so as to protect slopes from soil erosion and minimize the visual effects of grading and construction on hillside areas.
(j)
The utilization of driveway and road designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillside.
B.
Applicability of regulations. The provisions of this section shall apply to all steeply sloped areas within the Town. For the purpose of this section, "steeply sloped areas" shall mean all properties in the Town which have a slope of 20% or more on any existing or proposed parcel, or portion of a parcel, or portion of a parcel proposed for development. The law regulating and controlling activity in a Hillside Management (HM) District is Chapter 155, Soil Erosion and Sediment Control, of the Code of the Town of Putnam Valley.
[Amended 10-19-2022 by L.L. No. 7-2022]
C.
Permitted uses and structures. The uses and structures permitted in the Hillside Management (HM) District shall be as permitted in the underlying base district.
D.
Special use permit. The uses and structures permitted in the Hillside Management (HM) District subject to the approval of a special use permit shall be as permitted in the underlying base district.
E.
Development requirements. Prior to the issuance of a grading permit or a building permit or the approval of a subdivision or development approval plan or site plan for any parcel of land located within a Hillside Management (HM) District, the applicant shall submit development plans to the Planning Board.
§ 165-26 Ground and Surface Water Protection (WP) District.
A.
Purpose and intent. The protection of the Town's lakes, ponds, reservoirs, wetlands, streams, drinking water, and watershed areas from surface water and groundwater contamination is essential to the proper maintenance of the quality and quantity of water in the Town and surrounding communities. It is, therefore, necessary to protect these areas from development encroachment, erosion and water pollution from surface or subsurface runoff.
[Amended 6-20-2018 by L.L. No. 2-2018]
B.
Applicability of regulations. These regulations shall apply to all structures, parcels of land, and uses identified as Aquifer Protection Zones, Flood Zones, and/or Watershed Areas on the December 12, 2006, Ground and Surface Water Protection (WP) District Map, a copy of which map is on file with the Town Planning Department and the Town Clerk, and all areas within the City of Peekskill and New York City watershed areas.
[Amended 6-5-2002 by L.L. No. 5-2002; 6-20-2018 by L.L. No. 2-2018]
C.
Permitted uses and structures. All uses which are permitted in the base zoning district are permitted in the Ground and Surface Water Protection (WP) District unless otherwise identified in Subsection E of this section.
D.
Environmental Management District permit.
(1)
Within the Ground and Surface Water Protection (WP) District, each use below requires the issuance of a Ground and Surface Water Protection District permit by the Planning Board prior to an application being filed with the Putnam County Department of Health.
[Amended 6-5-2002 by L.L. No. 5-2002]
(a)
On-site sewage disposal systems, including installation of new septic systems that discharge more than 100 gallons of wastewater per acre per day or expansions of existing septic systems that discharge more than 100 gallons of wastewater per acre per day as determined by the Town Planner/Engineer. Septic systems associated with the construction of new single-family residences on lots larger than 1.5 acres are excluded from this requirement.
(b)
The use of common septic fields or sewage treatment plants for residential or commercial development. In any case:
[1]
Common wastewater treatment plants with surface discharge must provide tertiary treatment and the effluent must meet the water standards established by the EPA and/or New York State Department of Environmental Conservation, whichever is stricter.
[2]
The total number of bedrooms allowed in a project involving common sewage treatment plants with surface discharge will be limited to a number whose water demand is less than the aquifer recharge rate generated by the gross project area in a one in 30 dry year.
(c)
The handling and storage of road salt and de-icers, provided that structural and nonstructural measures are implemented to prevent leachate contamination. Such measures may include, but are not limited to, building enclosures, impervious pads and pavements, self-contained drainage systems, detention/retention basins, filters, separators or other de-icers and other management practices.
(2)
The Planning Board may attach such conditions and safeguards to any environmental management district permit as are, in its opinion, necessary to ensure satisfactory performance to all applicable standards and requirements. Such conditions may include, but are not limited to, monitoring wells and the requirement of additional setbacks from sewage disposal systems to down-gradient property lines.
E.
Prohibited uses. The following uses shall be prohibited within the Ground and Surface Water Protection (WP) District:
(1)
The disposal of hazardous materials or solid waste, as defined by the New York State Department of Environmental Conservation.
(2)
The treatment of hazardous materials, but not including rehabilitation programs authorized by a government agency for treating on-site existing hazardous materials.
(3)
On-site dry-cleaning and dyeing establishments and laundries that utilize cleaning solvents.
[Amended 10-19-2022 by L.L. No. 6-2022]
(4)
Printing and photo-processing establishments.
(5)
Furniture and finish-stripping establishments.
(6)
Oil, gasoline or hazardous material pipelines.
(7)
Uses otherwise allowed in the district that may discharge hazardous materials into the ground- or surface water.
(8)
Automotive service and/or repair stations and garages.
(9)
Bulk storage of home heating oil in underground storage tanks. For new home construction, heating oil tanks should be installed above ground or in a basement with an impervious floor, such as concrete. Existing underground home heating oil tanks may remain in place but may be replaced only by aboveground installation or in a basement with an impervious floor, such as concrete.
[Added 6-5-2002 by L.L. No. 5-2002]
(10)
Regular and continuous use of pesticides, herbicides, nonorganic fertilizers or other hazardous substances.
[Added 6-5-2002 by L.L. No. 5-2002]
(11)
The storage and/or dispensing of petroleum-based fuels in any form, as a commercial enterprise, including but not limited to motor vehicle fuels, and whether or not located in fixed tanks on site or mobile delivery vehicles for transfer and dispensing off site. Delivery of petroleum-based fuels to consumers within the Ground and Surface Water Protection District from locations outside the district is not prohibited.
[Added 6-1-2005 by L.L. No. 2-2005; amended 4-19-2006 by L.L. No. 2-2006]
F.
Development approval criteria.
(1)
Applications for an environmental management district permit pursuant to this section shall include an assessment of the impact the proposed use or structure may have on ground- and surface water conditions. The purpose of this analysis is to demonstrate that no activities will be conducted upon the property that will result in surface water pollution or groundwater infiltration. The analysis shall be prepared by a professional hydrologist, geologist, licensed engineer or qualified professional and shall be paid for by the applicant.
(2)
Unless served by central water and sewer facilities, no subdivision or site plan approvals shall be granted without findings by the Putnam County Department of Health that, based upon sufficient information on soils, geology and hydrology, the installation of on-site well and/or septic disposal systems, if properly installed and maintained, would not be likely to have an adverse impact upon the surrounding ground- or surface water quality or supply and that there is sufficient area or suitable soils for future extension or replacement of initial septic disposal systems.
G.
Well permits.
[Added 6-5-2002 by L.L. No. 5-2002]
(1)
Permits for new wells in Putnam Valley for the purpose of maintaining an accurate and up-to-date database on water quantity and water quality shall be required.
(2)
No building permit for the construction of a single-family residence shall be issued unless a well permit issued by the Building Inspector has been obtained. Such permit shall be issued upon payment of the fee established therefor. No certificate of occupancy shall be issued until the builder has filed with the Building Department a copy of the well log for such well.
(3)
No building permit associated with expansion of a residence that requires a new well or redrilling an existing well shall be issued unless a well permit issued by the Building Inspector has been obtained. No certificate of occupancy shall be issued until the builder has filed with the Building Department a copy of the well log for such well.
(4)
The Planning Board shall maintain a Town of Putnam Valley Well Location Map, which shall be updated annually.