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.

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.

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.

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.

The Town has the power through zoning to effectuate regulations that promote the public health, safety and general welfare.

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.

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.

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.

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.

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.

Types of uses. All uses within the Groundwater Protection Overlay District shall be deemed to fit into one of three categories of uses:

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.

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.

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.

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.

The creation or manufacturing of any hazardous material.

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.

Gasoline service and filling stations and automobile service and repair facilities.

Dry-cleaning and dyeing establishments and laundries that use cleaning solvents.

Photographic printing and processing labs.

Furniture stripping and refinishing establishments.

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.

Disposal of hazardous materials used in medical and dental office operations.

Disposal of septic or sewage sludge or ash.

Any storage of materials which, in the opinion of the Planning Board, has the potential to contaminate or degrade groundwater resources.

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:

Planning Board review.

Planning Board action.

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.

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.