ARTICLE X

Aquifer Protection District

[Added 5‑1‑1988 by L.L. No. 1‑1988]

¤ 178‑41. Statement of intent.

The purpose and intent of the Aquifer Protection District is, in the interest of public health, safety and general welfare, to preserve the quality and quantity of the town's groundwater resources in order to ensure a safe and healthy drinking water supply. This is to be accomplished by regulating land uses which might contribute to the contamination of any aquifers identified as necessary for the present and future water supply of the Town. of Cortlandville.

¤ 17842. Scope and authority.

The Aquifer Protection District shall be considered as overlying other zoning districts. Any uses permitted in the portions of the districts so overlaid shall be permitted subject to all the provisions of this district. In any cases where conflicts . arise between these supplemental regulations and any other existing regulations, the more restrictive regulations shall apply.

¤ 178‑43. Establishment and delineation of an Aquifer Protection District.

A.     For the purposes of this district, there are hereby established within the Town of Cortlandville certain aquifer protection areas which consist of any aquifer, the land above such aquifers and the aquifer's most significant recharge areas as follows:

(1) Area I: Primary aquifer area. The primary aquifer area, as delineated, shall include:

(a)     Those highly perineable aquifer areas which have undergone significant

development as public water supplies and which serve populations greater than 8,000 persons, including municipal water systems, private water companies, water districts and water authorities, but excluding individual wells.

(b)    Any bodies of surface water or portions thereof, including wetlands (as defined by Article 24, ¤ 107 of the New York State Conservation Law) within the primary aquifer area boundaries.

(2) Area II: Principal aquifer area. The principal aquifer area, as delineated, shall include:

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¤ 178‑43  CORTLANDVILLE CODE                                                        ¤ 178‑44

(a)     Potentially productive aquifer areas not yet intensively used as sources of public water supply, but which:

11   Are composed of moderately penneable material which may have the potential to be used as a source of public water supply;

[2] Serve as a significant source of water for individual wells; and

[3] Have. an areal extent greater than one square mile;

(b)     Areas which provide significant recharge to primary aquifers but which are not composed of aquifer material;

(c)     Any bodies of surface water or portions thereof including wetlands (as defined by Article 24, ¤ 107 of the New York State Conservation Law) within the principal aquifer area;

(3)     Area HI: Tributary watershed area. The tributary watershed area, as delineated, shall include land outside the aquifer area, that may contribute runoff overland andlor through surface streams for groundwater recharge.

(4)     Wellhead protection areas. In addition to the aquifer protection areas described herein, boundaries for wellhead protection areas (WPAs) shall be delineated by the State of New York as part of the wellhead protection program required under ¤ 1428 of the Federal Safe Drinking Water Act Amendments of 1986. The wellhead protection program, including WPA delineation, must be submitted to the United States Environmental Protection Agency (USEPA) by June 19, 1989, and USEPA approval or disapproval of the program shall be made within nine months of that date. Implementation of a New York State Wellhead Protection Program shall occur no later than the year 1991. Wellhead protection area boundaries are expected to become incorporated into watershed rules and regulations under jurisdiction of the State and County Health Departments. Upon delineation of the wellhead protection area boundaries for the Town of Cortlandville and subsequent EPA approval, they shall become separate wellhead protection areas under this article and shall be subject to all rules and regulations pertaining thereto.

B.      The boundaries of the Aquifer Protection District and the aquifer protection areas reflect the best hydrogeologic inforination available as of the date of the map. Where these bounds are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where the boundaries should be properly located. At the request of the owner(s), the town may engage a professional geologist, hydrogeologist, engineer or other qualified expert trained and experienced in hydrogeology to determine more accurately the location and extent of an aquifer or recharge area, and may charge the owner(s) for the entire cost of the investigation.

¤ 178‑44. Permitted uses.

A.      The following uses are permitted within the Aquifer Protection District, provided that all necessary permits, orders or approvals required by local, state or federal law shall have been obtained:

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¤ 178‑44  ZONING                                                                              178‑45

(1)     Areas I, H and HI: primary and principal aquifer areas; tributary watershed area. All uses currently permitted under this chapter and the Cortlandville Zoning Map are pennitted in the Aquifer Protection District subject to the provisions of this article.

(2)    Nonconforming uses.

(a)     Notwithstanding any other provision herein, a nonconforming use within the Aquifer Protection District may be continued and maintained so long as it remains otherwise lawful. No such use shall be enlarged, altered, extended or operated in any way which increases its threat to groundwater quality or otherwise contravenes with the purpose and intent of this article.

(b)     In the event that a nonconforrning use has ceased for a consecutive period of one year or for 18 months during any three‑year period, such nonconforming use may not be resumed except in conformity with the provisions of all districts within which it is 1‑ocated.

B.     As with the other zoning districts, all provisions of Article XVII shall apply in the same manner to the provisions of the Aquifer Protection District.

178‑45. Restrictions and requirements.

A.    Prohibitive uses and activities.

(1)     The discharge, land application or disposal of any hazardous material, toxic substance or radioactive material.

(2)     The production or processing of bulk quantities of any hazardous material or toxic substance is prohibited.

(3)    Pesticide storage.

(a)     The open storage of pesticides, herbicides, fungicides and artificial fertilizers within 50 feet linear distance of any watercourse in Area HI is prohibited.

(b)     The open storage of pesticides, herbicides, or fungicides is prohibited in Areas I and H; all storage of such material is prohibited unless any necessary authorization has been obtained from the New York State Department of Environmental Conservation as provided in Article 33 of the New York State Environmental Conservation'Law.

(4)     The dumping or disposing of snow or ice collected off‑site from roadways or parking areas into or within 50 feet linear distance of any watercourse.

(5)     Storage of coal or chloride salts.

(a)     The open storage of coal or chloride salts within 50 feet linear distance of any watercourse in Area HI is prohibited.

(b)     The bulk storage of coal or chloride salts is prohibited in Areas I and H except in a watertight ventilated structure constructed on an impervious surface. Any outside area used for loading, handling or mixing shall be designed so as to prevent seepage and runoff from entering the groundwater or any watercourse.

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(6)     Any form of underground injection of hazardous materials or toxic substances is prohibited.

(7)     Gas stations, solid waste disposal facilities and junkyards are prohibited in Areas I and II.

(8)     Single‑family houses using septic tanks on lots of less than 30,000 feet are prohibited.

(9)    Two‑family houses using septic tanks.

(a)     Two‑family houses using septic tanks on lots of less than 45,000 square feet are prohibited.

(b)     All plans for two‑fam. ily houses using septic tanks require the approval of the Cortland County Health Department.

(10) Multifamily houses using septic tanks are prohibited.

(11) All prohibited uses and activities associated with industrial development as per ¤ 178‑77 of this chapter.

(12) The use of septic system cleaners which contain toxic substances or hazardous materials.

(13) The disposal of toxic substances or hazardous materials by means of discharge to a septic system.

B. Other requirements.

(1)     Petroleum bulk storage facilities installed above and below ground require permits and are subject to compliance with those standards described in Articles XX, = and XXII of the Sanitary Code of the Cortland County Health District.

(2)     Bulk storage of toxic substances or hazardous materials is subject to compliance with Asticle XVIH of the Sanitary Code of the Cortland County Health District.

(3)     Quarries, gravel mining and excavations are permitted in accordance with ¤ 178‑116 of this chapter except where on‑site activities violate the provisions of ¤¤ 178‑45 and 178‑46 herein.

(a)     Operations which commence on or after the effective date of these regulations shall install a minimum of one groundwater monitoring well in a direction upgradient from on‑site activities and one groundwater monitoring well in a direction downgradient from on‑site activities. The specific location of these groundwater monitoring wells shall be detennined by a professional geologist, hydrogeologist, engineer, or other qualified expert trained and experienced in hydrogeology.

(b)     Frequency of required water quality sampling from monitoring wells shall be detem.lined on a site‑specific basis.

(c)     Access to monitoring wells shall be provided to employees of the Cortland County Health Department for purposes of any additional water quality sampling deemed appropriate.

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178‑45  ZONING                                                                             178‑45

(4)     Vehicular servicing, including but not limited to automotive repair stations, body shops and rustproofing operations, is allowed within the Aquifer Protection District, provided that the following requirements are met:

(a)     Floor drains must be connected to a holding tank or sanitary sewer equipped with an oil and grit separating tank.

(b)     Wastes collected in a holding tank must be disposed of through a licensed waste hauler.

(c)     Waste degreasing solvents must be stored in drums or a holding tank and disposed of through a licensed waste hauler.

(d)     Waste oil must be stored in tanks or drums for disposal by a licensed waste hauler.

(e)     Storage facilities for tanks andlor drums require coated concrete floors and dikes to retain accidental spills or leaks; a permanent roof to protect tanks or drums and to prevent precipitation from entering dikes. Drums should be sealed, and tanks and drums must be located away from floor drains.

(f)      Large drip pans should be kept beneath drums which have spigots and are stored in horizontal position an racks.

(g)     Potentially contaminated sc'rap, including but not limited to scrap parts, batteries and used filters shall be stored in proper containers to prevent environmental release of contaminants.

(5) Pesticides.

(a)     Application of pesticides, herbicides fungicides, or chemical fertilizers shall be performed in accordance with the recommendations and label of the manufacturer.

(b)     Property owners who enlist the services of a commercial pesticide, fungicide, or herbicide applicator shall ensure that the applicator is certified and licensed by the New York State Department of Conservation.

(6)     Conversion of a one‑family house using a septic tank to a two‑family house using a septic tank requires the approval of the Cortland County Health Department.

(7)     Site plans for all proposed indu'strial and commercial uses shall be accompaffied by a detailed and complete description of the anticipated uses and their operation as per Article XIH of this chapter.

(8)     Dry wells connected to drains from buildinas require the approval of the Cortland County Health Department.

(9)     Whenever there is a question as to the groundwater contamination potential of a proposed use, the‑ expert opinion of the United States Environmental Protection Agency (USEPA), the New York State Department of Environmental Conservation (NYSDEC), and the State and County Health Departments may be requested.

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¤ 178‑46  CORTLANDVILLE CODE                                                        178‑47

¤ 178‑46. Special permits.

Any use of property within the Aquifer Protection District shall be permitted only upon obtaining a special permit from the Town Board of the Town of Cortlandville when the use:

A.     Violates or does not meet any of the provisions of ¤ 178‑45 herein.

B.     Is a , development, other than residential, of real pr operty exceeding $150,000 in

          development cost.

C.     Is a use that anticipates an average daily on~site water consumption exceeding 50,000 gallons per day (gpd).

¤ 178‑47. Application for a special permit.

Applicants for a special permit to develop in the Aquifer Protection District shall submit the following:

A.    The name, address and telephone number of the applicant.

B.     If the applicant is a corporation, the name, address and telephone number of all the corporate officers and directors.

C.     A map and report showing the location of the premises for which the permit is sought and pla.ns prepared by a licensed professional engineer or architect showing all features of the system necessary for the satisfactory conveyance, storage, distribution, use and disposal of sanitary wastes, stonnwater wastes, process wastes, toxic substances and hazardous materials, solid wastes and incidental wastes within the property boundaries of the business or commercial establishment.

D.     Plans and protection measures for certain averages of toxic substance use.

(1)    When the use of toxic substances or hazardous materials averages an amount equal to or in excess of 55 liquid gallons per month or 500 pounds dry weight per month, the applicant must provide for any design features, operating plans, and any other protection measures as the Town Board deems appropriate and sufficient to prevent and/or monitor groundwater contamination, especially in the event of a potential leak or spill of these substances.

(2)     When the use of toxic substances or hazardous materials averages less than 55 liquid gallons per month or 500 pounds dry weight per month, and when the project is determined to have a potential negative impact an groundwater quality, the Town Board may demand the applicant to provide for any and all design features, operatina, plans, andlor such other protection measures as per ¤ 178‑47D(1) above.

E. Plans and protection measures for certain amounts of toxic substance storage.

(1)     When storage of toxic substances or hazardous materials at any one time is equal to or exceeds a total of 220 liquid gallons or a total of 2,000 pounds dry weight, the applicant must provide for any and all desian features, operating plans, and such other additional protection measures as the Town Board may require to prevent and/or

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monitor groundwater contamination, especially in the event of a potential leak or spill of these substances.

(2) When storage of toxic substances or hazardous materials at any one time is less than a

total of 220 liquid gallons or a total of 2,000 pounds dry weight, the Town Board may

demand the applicant to provide for any and all design features, operating plans, and

such other additional protection measures as per ¤ 178‑47EQ) above.

F.      Such other nonproprietary information as the Town Board shall request in order to have all facts before it prior to making their decision.

G.     Copies of any permits and applications to any other govemment agencies.

H.     List of all toxic substances or hazardous materials known to be used or stored on the premises, together with sufficient detail to appraise the Town Board of the‑ method of storage and the amount of toxic substances or hazardous matedals on the premises.

I..      Method of disposal of toxic substances or hazardous materials.

J.       A full report regarding the use and storage of all toxic substances and all hazardous materials.

~ 178‑48. Referral and public hearing for a special permit.

A.     The Town Board shall refer an application for such special penffit to the Town and County Planning Boards for comments prior to the Town Board's decision.

B.     Where appropriate and not inconsistent with this article, the Town Board shall follow the procedures, including application fees and general and additional specific requirements, set forth in Article XIV of this chapter, Conditional Permit.

C.     A public hearing shall be held in regard to granting such special permit, and notice of the public hearing in regard.to the granting of such special penffit shall be published in the official town newspaper not more than 15 days and not less than 5 days before the date of such public hearing. All uses specified in ¤¤ 178‑45 and 178‑46 above which would be subject to a special pern‑iit, except for the fact that when such uses are govemmental entities, they shall nevertheless be subject to the public hearing requirements of this section, and shall file an enviromnental assessment form which shall be reviewed by the Town Board of the Town of Cortlandville in accordance with the provisions of the New York State Environmental Quality Review Act. [Amended 10‑18‑2000 by L.L. No. 7‑20001

f 178‑49. Issuance of special permit.

A.     The Town Board may grant the special permit, deny the special permit or grant the special permit with stated conditions.

B.     In the event that a special pern‑iit is granted or granted with stated conditions, it shall be a requirement that the applicant use the best available means to prevent the contamination of

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¤ 178‑49  CORTLANDVIILLE CODE                                    ¤ 178‑52

the groundwater and the aquifers of the Town of Cortlandville. This shall be a continuing requirement.

¤ 178‑50. A change in use.

Where a special pem‑iit has been previously issued, a change in use requires application for a new special permit.

¤ 178‑51. Penalties for offenses. [Amended 8‑5‑1998 by L.L. No. 2‑1998]

A violation of this Article X is hereby declared to be an offense, punishable as provided in ¤ 178‑137.

ARTICLE XI

Planned Unit Development

178‑52. Statement of intent.

The purpose of this article is:

A.      General. To provide a degree of flexibility in land use, and to encourage imagination and innovation in developments. Planned unit developments must be consistent with the intent of this chapter and the Town of Cortlandville Development Plan. After having met the requirements of this article, approved planned unit developments will be permitted uses. This article necessarily combines subdivision and zoning regulations.

B.      Residential planned development. To offer recreational opportunities close to home, to relieve monotony and congestion in streets, to plan for neighborhood maintenance of open space, to promote harmonious architecture between adjacent buildings, to encourage the placement of structures in proper relationship to the natural characteristics of the site, to promote energy conservation through.proper solar orientation and construction techniques, and to preserve natural areas.

C.      Conunercial planned development. To promote development of business centers with adequate off‑street parking, to control access points on thoroughfares, to separate pedestrian and automobile traffic, to develop centers of size and location compatible with the market potential, to buffer adjacent residential areas with landscaped open spaces and to encourage hannonious architecture between adjacent commercial structures and between homes and commercial structures.

D.     Industrial planned development. To promote the establishment of industrial parks, to pem‑iit groups of industrial buildings with integrated design and a coordinated physical plan, to encourage recreational facilities within industrial areas, to buffer adjacent residential areas with landscaped open spaces, and to encourage pleasant architectural design for industrial facilities.

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