Somers City Zoning Code
ARTICLE IXA
Groundwater Protection Overlay GP District
[Added 1-11-1990 by L.L. No. 3-1990]
§ 170-32.1 Purpose.
The purpose of the Groundwater Protection Overlay GP District is to protect the public health, safety and general welfare by preserving the quality and quantity of the Town's major groundwater resources in order to ensure an adequate and safe water supply for present and future residents, employees and the general public. The designation of groundwater protection overlay districts and the establishment of use regulations in such districts will further the preservation of groundwater resources currently in use and those aquifers having a potential for use as a source for substantial public or private water supply.
§ 170-32.2 Findings.
In continuation of the groundwater and aquifer policy adopted in December 1984 and set forth in Chapter 165 of the Code, the Town Board of the Town of Somers has reviewed a Planning Board commissioned report on the status and location of the Town's groundwater titled "Groundwater Supply Overview of the Town of Somers, New York," prepared by Leggette, Brashears & Graham, Inc., and dated December 1988, and hereby finds that:
A.
The groundwater underlying the Town is a major source of existing and potential future water supply, including drinking water, and, as such, should be protected from contamination.
B.
Unregulated development in areas with sensitive hydrogeologic formations of stratified drift aquifers and their primary recharge areas in addition to accidental spills and discharge of hazardous and toxic materials in those areas, can threaten the quality of the groundwater supplies and related water resources in the Town, posing potential health and safety hazards.
C.
Preventive measures and regulations should be adopted to control the development of land and to control the discharge and storage of hazardous materials within the hydrogeologic formations to limit the potential adverse impact that such development and discharge can create.
D.
The foregoing conclusions are set forth in the Water Quality Management Plan of Westchester County prepared pursuant to Section 208 of the Federal Clean Water Act and in Town-commissioned studies.
E.
The Town has the power through zoning to effectuate regulations that promote the public health, safety and general welfare.
§ 170-32.3 Applicability; district boundaries.
A.
Lands. The provisions of this Article shall apply to all real property lying within a Groundwater Protection Overlay District. The "Groundwater Protection Overlay District" is defined as an area designated on the Town of Somers Zoning Map containing a primary recharge area for a stratified drift deposit known or believed to be an aquifer. The boundaries of the district are indicated on the official Zoning Map. The Groundwater Protection Overlay District is based on the maps and report titled "Groundwater Supply Overview of the Town of Somers, New York," prepared by Leggette, Brashears & Graham, Inc., and dated December 1988.
B.
District mapping. The Groundwater Protection Overlay District line shall be determined by the use of the scale appearing on the Zoning Map. From time to time and to reflect new information of a site specific nature, the Town Board may make amendments to the mapping of Groundwater Protection Overlay Districts.
C.
Uses. The provisions, requirements and regulations of this Article shall apply to all uses of land within Groundwater Protection Overlay Districts and no land shall be used except in compliance with the provisions, requirements and regulations of this Article.
§ 170-32.4 General provisions.
A.
Relation to other regulations. The provisions in this Article do not repeal, abrogate or annul any portion of the Code or regulations of the Town of Somers, New York State or federal regulations or existing private or public servitudes. In any case where there are conflicting regulations, whichever regulation imposes the more stringent restriction shall apply.
B.
Relation to underlying district. Nothing in this Article shall be construed to permit any use which is not currently permitted in the applicable underlying zoning district as established and regulated by this Chapter 170.
C.
Types of uses. All uses within the Groundwater Protection Overlay District shall be deemed to fit into one of three categories of uses:
(1)
Uses permitted without regulation under § 170-32.5 and not requiring a special exception use permit.
(2)
Uses permitted subject to regulation under § 170-32.6 and requiring a special exception use permit.
(3)
Prohibited uses.
D.
Nonconforming uses. Any use existing as a lawful use at the effective date of this Article shall be deemed a nonconforming use. The nonconforming use may be continued subject to the provisions of Article XVI of this chapter.
§ 170-32.5 Uses permitted without regulation.
The following uses are permitted without regulation under this Article:
A.
The subdivision of a property into no more than two lots of at least 40,000 square feet each for one-family detached dwellings with roads that are designed to mitigate water quality impacts of first flush runoff.
B.
The construction of a one-family detached dwelling on a lot containing at least 40,000 square feet in area complete with a sanitary sewage disposal system, well and permitted accessory uses as specified in § 170-11.
§ 170-32.6 Uses permitted subject to regulation.
Uses permitted in the underlying district by other sections of this Chapter 170 and not listed in § 170-32.5 as a use permitted without regulation under Article IXA and not listed in § 170-32.7 as a prohibited use, shall require a special exception use permit from the Planning Board pursuant to § 170-32.8, § 170-115, Article XI and Article XVIII.
§ 170-32.7 Prohibited uses.
The following uses are prohibited uses within the Groundwater Protection Overlay District:
A.
The disposal, storage or treatment of hazardous material and solid or liquid waste material, except the storage of such hazardous material in sealed containers for retail sale or for normal household use. "Hazardous material" shall be defined as material which is a present or potential danger to health or the environment when improperly stored, transported, disposed or otherwise managed and also as any other toxic, caustic or corrosive chemicals, radioactive materials or other substance listed in Title 40 of the Code of Federal Regulations or Part 366 of Title Six of the Official Compilation of Codes, Rules and Regulations of the State of New York.
B.
The creation or manufacturing of any hazardous material.
C.
Dry wells directly connected to any storm drainage system for a parking lot with more than four parking spaces, floor drain, garage drain, wash basin or sink.
D.
Gasoline service and filling stations and automobile service and repair facilities.
E.
Dry-cleaning and dyeing establishments and laundries that use cleaning solvents.
F.
Photographic printing and processing labs.
G.
Furniture stripping and refinishing establishments.
H.
The storage of hydrocarbon products (excluding liquid propane) except those necessary for residential use in homes and vehicles, provided that such products are stored in appropriate containers.
[Amended 1-13-2022 by L.L. No. 4-2022]
I.
Disposal of hazardous materials used in medical and dental office operations.
J.
Disposal of septic or sewage sludge or ash.
K.
Any storage of materials which, in the opinion of the Planning Board, has the potential to contaminate or degrade groundwater resources.
§ 170-32.8 Special exception use permit requirements.
In addition to compliance with the requirements, as applicable, set forth elsewhere in the Code (in § 170-114 and in Chapter 144 for site plan review, in Chapter 150 for subdivision review and in § 170-115, Article XI and Article XVIII for special exception use review), as applicable, an applicant for a use subject to regulation in a Groundwater Protection Overlay District shall prepare or have prepared a hydrogeologic analysis of the property which shall be submitted to and reviewed by the Planning Board.
A.
Report purpose and content. The purpose of the hydrogeologic analysis shall be to demonstrate whether the proposed use will result in any degradation or contamination of groundwater intended to be protected by the Groundwater Protection Overlay District. Such analysis shall be prepared by a qualified hydrogeologist at the expense of the applicant. Such analysis shall include:
(1)
Identification of the nature and importance of the groundwater supply and recharge aspects of the individual property upon which the use is proposed.
(2)
Establishment of a groundwater protection plan which shall be implemented as part of the use. The plan, and its implementation at the time of establishment of the use, shall be such that it will mitigate any reasonable possibility of degradation or contamination of the groundwater designated for protection. Particular design features to mitigate the water quality impacts of first-flush runoff from paved surfaces shall be included in the groundwater protection plan.
(3)
Drinking water.
(a)
A showing that the use, together with the implementation of the groundwater protection plan, will not result in a violation of the New York State Drinking Water Standard (10 NYCRR 5). The location of measurement/testing would be in the groundwater within the downgradient property line.
(b)
For nitrate-nitrogen, which is a significant and persistent component of sewage disposed to the subsurface, the groundwater protection plan shall demonstrate that the proposed activity will not result in an average nitrate-nitrogen content exceeding six milligrams per liter (consistent with a ninety-percent confidence level that the New York State Drinking Water Standard of 10 milligrams per liter will not be exceeded) at the downgradient property line.
(4)
An analysis of installation and/or extension of a public or community sanitary sewer system as a mitigation measure and as an alternative to septic systems.
B.
Planning Board review.
(1)
The Planning Board may, at the expense of the applicant, arrange for a review of the hydrogeologic analysis by a qualified professional. Such review shall be considered by the Planning Board in rendering the decision on the application.
(2)
To the greatest extent practicable, the application for a special exception use permit and the review of the hydrogeologic analysis required under this section shall be coordinated with all other review and permit procedures required by the Town of Somers, including the environmental quality review process.
C.
Planning Board action.
(1)
After a review of the hydrogeologic analysis and compliance with all other applicable procedures for the proposed use, the Planning Board shall approve, deny or approve subject to conditions the application for special use permit.
(2)
The Planning Board may attach such conditions to the issuance of a permit as it determines are reasonable and necessary to ensure the protection of the designated groundwater area. Any conditions that are placed on the approval of a special exception use permit shall be deemed to require the owner of the property to perform such action. Such conditions may include, but are not limited to:
(a)
The periodic monitoring and reporting of the condition of groundwater within the boundaries of the surface property.
(b)
The correction of any contamination or degradation directly attributable to the use of the subject property or due to any discharge or spillage on the property.
D.
Denial of application. A denial of a special exception use permit shall not preclude an applicant from reapplying for a permit, provided that the applicant has made significant changes which are designed to eliminate potential degradation or contamination of the groundwater.
E.
Applications for a special exception use permit under this article shall be referred, after receipt, to the Open Space Committee for its report and recommendations. The Open Space Committee shall receive at least 30 days after transmittal to make its report and recommendation.
[Added 9-10-1992 by L.L. No. 13-1992; amended 5-17-2012 by L.L. No. 3-2012]