¤ 109‑12  ZONING                                                                            ¤ 109‑14

ARTICLE IV

Aquifer Protection District

109‑12. 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 certain 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 Homer.

¤ 109‑13. Scope.

The Aquifer Protection District shall be considered as overlaying other zoning districts. Any uses permitted in the portions of the districts so overlaid shall be permitted subject to all 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.

¤ 109‑14. Establishment; areas.

For the purposes of this district, there are hereby established within the Town of Homer certain aquifer protection areas which consist of any aquifer, the land above the aquifer, significant recharge areas and upland watershed areas as follows:

A.     Area I, Wellhead Protection Area. The Wellhead Protection Area, as delineated; shall include:

(1)    Those areas calculated to be ‑within the zone of contribution of existing municipal water supplies based upon a one~year time of travel.

B. Area H, Primary Aquifer Area. The Primary Aquifer Area,, as delineated, shall include:

(1)     Those highly permeable aquifer areas which have undergone significant development as public water supplies and which serve populations greater than eight thousand (8,000) persons, including. municipal water systems, private water companies, water districts and water authorities but excluding individual wells.

(2)     Any bodies of surface water or portions thereof, including wetlands (as defined by ¤ 24‑0107 of the Environmental Conservation Law) within the Primary Aquifer Area boundades.10

C. Area HI, Principal Aquifer Area. The Principal Aquifer Area, as delineated, shall include:

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

10 Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art‑ 1.

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¤ 109‑14  HOMER CODE                                                                     ¤ 109‑18

(a)     Are composed of moderately permeable material which may have the potential to be used as a source of public water supply.

(b)    Serve as a significant source of water for individual wells.

(c)     Have an areal extent greater than one (1) square mile.

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

(3)     Any bodies of surface water or portions thereof including wetlands (as defined by ~ 24‑0107 of the Environmental Conservation Law) within the Principal Aquifer Area.11

(4)     Area IV, Tributary Watershed Area. The Tributary Watershed Area, as delineated, shall include land outside the other aquifer areas that:

(a)     May contribute runoff overland andlor through surface streams for groundwater recharge.

(b)    Serves as a significant source of water for individual wells.

¤ 109‑15. Designation of Critical Environment Area.

Aquifer Protection District Areas Land H are hereby designated as a Critical Environmental Area pursuant to Section 617.12(12) of the regulations of the Department of Envirorimental Conservation.

¤ 109‑16. Permitted uses.

All u*ses 'currently pennitted under the Town of Homer Zoning Ordinance and Map are permitted in the Aquifer Protection District subject to the provisions of this Article.

¤ 109‑17. Nonconforming uses.

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 or ~ 109‑45.

¤ 109‑18. Prohibited uses and activities.

The following uses and activities are prohibited:

A.     The discharge, land application or disposal of any hazardous material, toxic substance or radioactive material.

Editor's Note: Amended at time of adoption of Code; s*ec Ch. 1, General Provisions, ArL L

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109‑18  ZONING                                                                             ¤ 109‑19

B.     The manufacturing or processing of bulk quantities of any h azardous material or toxic substances.

C.     The open storage of pesticides, herbicides or fungicides in Areas I, II and HI.

D.     The open storage of coal or chloride salts within fifty (50) feet linear distance of any watercourse in Areas I, H and'IH, except as follows:

(1)     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.

E.     Any fonn of underground injection of hazardous materials or toxic substances.

F.     Gas stations, solid waste disposal facilities and junkyards in Areas I and H.

G.     New single‑family houses using septic tanks on lots of less than two (2) acres Areas I and H and thirty thousand (30,000) square feet in all other areas.

H.     New two‑family houses using septic tanks on lo'ts of less than two (2) acres in Areas I and II and forty thousand (40,000) square feet in all other areas.

I.       New multifamily houses using septic tanks.

J.       The new consti‑uction.of septic systems with a maximum flow rate exceeding one thousand (1,000) gallons per day.

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

L.     Paved or otherwise impervious parking areas with an areal extent greater than twelve thousand (12,000) square feet in Areas, I and II.

M.    Any use involving the renden*ng                              of more than sixty percent (60%) of lot area in

         Areas 1 and H.

N.    Golf courses in Area 1.

109‑19. Restricted uses and activities.

A.     Petroleum bulk storage facilities installed above and below ground require permits and are subject to compliance with those standards described in Articles M, XX and XM of the Sanitary Code of the Cortland County Health Department.

B.     Underground home heating oil tanks installed after the enactment datq of this chapter shall be double walled.

C.     Bulk storage of toxic substances or hazardous materials is subject to compliance with Article XVIIII of the Sanitary Code of the Cortland County Health District.

D.     Quarnes, gravel mining and excavations are pem‑fitted in accordance with Article VI of this chapter except where on‑site activities violate the provisions of this Article.

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¤ 109‑19  HOMER CODE                                                                     ¤ 109‑19

(1)     Operations which commence in Areas 1 or H on or after the effective date of these regulations shall install a minimum of one (1) groundwater monitoring well in a direction upgradient ftom on‑site activities and one (1) 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. Frequency of required water quality sampling from monitoring wells shall be determined on a site‑specific basis.

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

E.      Vehicular servicing, including but not limited to automotive repair stations, body shops and rustproofing operations, are allowed in Areas M and IV, provided that the following requirements are met:

(1)     Floor drains must be connected to a holding.tank or sanitary sewer equipped with an oil and grit separating tank. Floor drains which are connected to a sanitary sewer must meet discharge limits established by the Cortland Wastewater Treatment Plant.

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

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

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

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

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

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

F.      Application of pesticides, herbicides, fungicides or chemical fertilizers shall be performed in accordance with the recommendations and label of the manufacturer. Property owners who enlist the services of a conunercial pesticide, fungicide or herbicide applicator shall ensure that the applicator is certified and licensed by the New York State Department of Conservation.

G.     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.

H.     Site plans for all proposed industrial and commercial uses shall be accompanied by a detailed and complete description of the anticipated uses and their operation as per Article XI of this chapter.

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109‑19  ZONING                                                                             ¤ 109‑21

I.       Dry wells connected to drains from buildings must meet the requirements of Part C of the Federal Safe Drinking Water Act (42 U.S.C. ¤ 300f et seq., as amended) and associated regulations (40 CFR 124, 1441p 145, 146 and 147).

¤ 109‑20. Special permits required.

Any use of property within the Aquifer Protection District shall be permitted only upon obtaining a special permit fi‑om...the Planning Board of the Town of Homer when the use meets or exceeds any of the following.‑,

A.     Any of the provisio ns of ¤¤ 109‑18 and 109‑19 herein.

B.     Development limits.

(1)     Any development,. other than residential, of real property exceeding,fifty thousand dollars ($50,000) in development cost in Areas 1 and H.

(2)     Any development, other than residential, of real property exc ing two hundred fifty tho'usand dollars ($250,000.) in developnient cost in Areas III and IV.

C.     Any use that anticipates an average daily on‑site water consumption exceeding fifty thousand (50,000) gallons p'er day (gpd).

D.     Any residential subdivision involving five (5) or more lots.

¤ 109‑21. Apphca.tion.

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 plans 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, stormwater wastes, process wastes, toxic substances and hazardous materials, solid wastes and incidental wastes within' the property boundaries of the business or commercial establishment.

D.     Toxic substances information‑‑‑.

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

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¤ 109‑21  HOMER CODE                                                                      ¤ 109‑23

(2)     When toxic substances or hazardous materials are used but the use averages less than fifty‑five (55) liquid gallons per month or five hundred (500) pounds dry weight per month and when the project is determined to have a potential negative impact on groundwater quality, the Town Planning Board may require the applicant to provide for any and all design features, operating plans andlor such other protection measures as per ¤ 109‑21 C abov'e. 12

(3)     When storage of toxic substances or hazardous materials at any one time is equal to or exceeds a total of two hundred twenty (220) liquid gallons or a total of two thousand (2,000) pounds dry weight, the applicant must provide for any and all design features, operating plans and such other additional protection measures as the Town Planning Board may require to prevent andlor monitor groundwater contamination especially in the event of a potential leak or spill of these substances.

(4)     When storage of toxic substances or hazardous materials at any one (1) time is less than a total of two hundred twenty (220) liquid gallons or a total of two thousand (2,000) pounds dry weight, the Town Planning Board may demand the applicant to provide for any and all design features, operating plans and such other additional protection measures as per ¤ 109‑21 C above. 13

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

F.      Copies of any permits"and applications to any other govemment agencies.

G.      A list of all toxic substances or hazardous materials used or stored on the premises together with sufficient detail to appraise the Town Planning Board of the method of storage and the amount of toxic substances or hazardous materials on the premises.

H.     The method of disposal of toxic substances or hazardous materials.

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

¤ 109‑22. Fee.

The applicant shall be required to pay an application fee.

¤ 109‑23. Procedures; hearing.

A.      Where appropriate and not inconsistent with this Article, the Town Planning Board shall follow administrative procedures set forth in Article XIV of this chapter.

B.     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 permit shall be published in the official town newspaper not more than twenty (20) days and not less than ten (10) days

12 Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

13 Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. 1.

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¤ 109‑23  ZONING                                                                             ¤ 109‑26

before the date of such public hearing. All uses specified above would be subject to a special permit, except for the fact that when such uses are govemmental entities, they shall nevertheless be sub* the public hearing requirements of this section and shall file a

ject to

long enviromnental assessment form which shall be reviewed by the Town Planning Board

of the Town of Homer in accordance with the provisions of the New York State

Environmental Quality Review Act. 14

109‑24. Issuance.

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

B.     In the event that a special permit 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 the groundwater and the aquifers of the Town of Homer. This shall be a continuing requirement.

¤ 109‑25. Change in use or ownership.

A.     Where a special permit has been issued, a change in either use or ownership requires application for a new special permit.

B.     In the event that a change in ownership does not result in any change in use, the special permit shall be automatically granted and be considered an agreement between the Town Planning Board and the new owner that the provisions of this Article shall be adhered to.

ARTICLE V

Business Districts

¤ 109‑26. Use regulations.

In Business Districts, no building shall be erected or extended and no land or building or part thereof shall be used for other than one (1) or more of the following uses:

A.    Any use permitted by ¤¤ 109‑4, 109‑5 and 109‑6.

B.     Hotel, motel or tourist cabins.

C.     Retail store.

D.    Business or professional office.

E.     Restaurant or other lace for servin of food and beve es.

F.     Bank or other monetary institution.

14

           Editor's Note: See Artide 8 of the Environimental Conservation Law.

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