HomeMy WebLinkAbout05-18-1988Wednesday May 18, 19BB 7:30 P.M.
PUBLIC HEARING
LOCAL LAW NO. 1 FOR 1988 PROVIDING FOR AN AMENDMENT TO
LOCAL LAW NO. 1 FOR 1986 (TOWN OF CORTLANDVIILE ZONING
LAW), THEREBY CREATING AN AQUIFER PROTECTION DISTRICT IN
THE TOWN OF CORTLANDVILLE
A Public Hearing was held at the Town Hall, 15
Terrace Road, Cortland, New York at 7:30 p.m. concerning
Local Law No. 1 for 1988, providing for an amendment to
Local Law No. 1 for 1986, thereby creating an Aquifer
Protection District in the Town of Cortlandville.
Members present:
LEGAL NOTICE
TOWN OF
CORTLANDVILLE
LOCAL LAW NO. 1
FOR THE YEAR 1988
Notice is hereby given
that pursuant to Municipal
Home Rule Law and Town
Law Section 264, a public
hearing will be held before
the Town Board of the
Town of Cortlandville,
Cortland County, New York
at the Town Hall, 15 Ter-
race Road, Town of Cort-
landville, New York on
May 18, 1988 at 7:30 o'clock
p.m. concerning proposed
Local Law No. 1 for the
Year 1988, providing for an
amendment of Local Law
No. 1 for the Year 1986
(Town of Cortlandville Zon-
ing Law).
The proposed amend-
ment creates a new zone
entitled the Aquifer Protec-
tion District, for which a .
map shall also be adopted,
to overlay other existing
zoning districts. The pur-
pose of such .district is to
preserve the quality .and
quantity of the town's
ground water resources by
regulating and prohibiting
certain land uses which
might contribute to water
contamination. Both com-
mercial and residential
uses are affected and
special permits are
authorized to be issued,
after hearing, in the discre-
tion of the Town Board.
The proposed amend-
ment further adds defini-
tions and provides a fine
and jail penalty structure
for violations.
A copy of the proposed
law and map is available
for inspection at the Cort-
landville Town Hall.
At the time and place of
said hearing all parties in
interest and citizens shall
have an opportunity to be
heard.
Dated: May 9, 1988
Pauline H. Parker,
Town Clerk
Town of
Cortlandville
15 Terrace Road
Cortland, New York
13045
111-1t
Supervisor Melvin Pierce
Councilman Raymond Thorpe
Councilman Edwin O'Donnell
Councilman Ronal Rocco
Councilman Theodore Testa
Deputy Town Clerk Diane Demeree
Others present were
newsreporters, Kevin Conlon from the
Cortland Standard, and Jack Miller
from WKRT; Town attorney, Phillip
Rumsey; Highway Superintendent, Carl
Bush; Maureen Barringer from the
Chamber of Commerce; Nancy Jarvis
from the Cortland County Planning
Department; Attorney William
Pomeroy, representing the Cortland
County Automobile Association; and
many area residents and business
owners.
Supervisor Pierce opened
the Public Hearing at 7:30 p.m.
The Deputy Town Clerk read
aloud the Legal Notice as shown:
Supervisor Pierce offered those
in attendance the privilege of the
floor.
Area business representatives
expressed concern over a provision
that would require prospective new
owners to get a new special permit
after they acquired businesses
located over the aquifer that
already had a special permit. They
claimed that this may jeopardize the
sale of some of their businesses, as
one of the steps in the process of
obtaining a special permit is a
Public Hearing.
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Wednesday May 18, 198B Page 2
Board members wanted the provision to assure that
new owners were aware of the special permit requirements
under which their businesses would have to,operate.
Nancy Jarvis, who drafted the law as County Water
Quality Management__ Coordinator, said that she believes
that the law will accomplish it's intent, which is to
protect the Aquifer.
Town Attorney, Phillip Rumsey, pointed out the
irony of the fact that the Town of Cortlandville has
come under fire for the law because it controls business
development over the aquifer, while in the.past has been
lauded for it's efforts to lure businesses to the..Town.
All persons desiring to be heard, having been
heard, a motion was made by Councilman O'Donnell,
seconded. by Councilman Rocco, to .close the. -Public
Hearing and reconvene the regular -meeting. All voting
aye, the motion was carried.
The Public Hearing was closed at.9:00 p.m...
Respectfully submitted,
Diane Demeree
Deputy Town Clerk
Town of Cortlandville
244
Wednesday May 18, 1988 7:00 P.M.
Regular Meeting
The Regular Meeting of the Town Board of the Town
of Cortlandville, was held at the Town Hall, 15 Terrace
Road, Cortland, New York, with Supervisor Pierce
presiding.
Members present: Supervisor Melvin Pierce
Councilman Raymond Thorpe
Councilman Edwin O'Donnell
Councilman Ronal Rocco
Councilman Theodore Testa
Deputy Town Clerk Diane Demeree
Others present were newsreporters, Kevin Conlon
from the Cortland Standard, and Jack Miller from WKRT;
Town attorney, Phillip Rumsey; Highway Superintendent,
Carl Bush; Maureen Barringer from the Chamber of
Commerce; Nancy Jarvis from the Cortland County Planning
Department; Attorney William Pomeroy, representing the
Cortland County Automobile Association; and many area
residents and business owners.
The meeting was called to order by supervisor
Pierce at 7:00 o'clock p.m. He requested that all those
in attendance rise and pledge allegiance to the flag.
A motion
was made by Councilman Thorpe,
seconded by
Town Board min
Councilman O'Donnell,
to approve as
written the
5/6/88
5���88
Cortlandville
Town Board minutes of April
6, 198B and
May 4, 1988.
All voting aye, the motion was
carried.
A motion was made by Councilman O'Donnell, seconded
by Councilman Rocco, to receive and file the
Cortlandville Planning Board minutes of April 26, 1988.
All voting aye, the motion was carried.
RESOLUTION #133 AUTHORIZE PAYMENT OF VOUCHERS - MAY
Audit of Bills Motion by Councilman Thorpe
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the vouchers submitted have been
audited and shall be paid as follows:
General Fund Vouchers #244 -
262
$ 8,801.12
Highway Fund
128
- 142
71,013.20
Water Fund
81
- 90
39181.76
Sewer Fund
29 -
35
44,698.95
Supervisor Pierce
offered
those
in attendance the
privilege of the floor.
No comments
or questions were
made.
A motion was made by Councilman Rocco, seconded by
Councilman O'Donnell, to receive and file a letter from
rec & file Ralph K. Pitman, Director of Solid Waste, Cortland
letter from County. All voting aye, the motion was carried.
Ralph Pitman
1
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Wednesday May 18, 198B Page 2
A motion was made by Councilman Rocco, seconded by
Councilman O'Donnell to receive and file a permanent rec & file
easement and right-of-way from Ralph Sharp of easement -
Collegeview Drive. All voting aye, the motion was Ralph Sharp
carried. I i --
The easement and right-of-way is to allow
construction of water mains in the Collegeview Area in
the Town of Cortlandville.
A motion was made by Councilman O'Donnell, seconded
by Councilman Testa -to receive and file a copy of the rec & file
letter, from Supervisor Pierce to Donald Ames, Chairman letter from
of the Cortland County Economic Development Committee. Mel to Don Ames
All voting aye, the motion was carried. Teichman Exp.
The letter was requesting an itemized account of
all expenses -for -Mr. Richard A. Teichman, executive vice
president of the-Eco.nomic Development -Committee.
A motion --was made by Councilman Rocco, seconded by
Councilman O'Donnell to receive and file a copy of a
letter from Supervisor Pierce to Carleton Terwillegar. rec & file
All voting aye,. _the motion was carried., letter from
The letter was thanking Mr. Terwillegar for his Mel to C.
donation of three .• large locust trees for the Terwillegar
Cortlandville Citizens .Park. tree donation
A motion was made by Councilman O'Donnell, seconded
by Councilman Rocco•,to rec-eive and • file a letter from rec & file
Senator James L. Seward to Superviso.r...._P,ier.ce. All letter to Mel
voting aye, the motion was carried. from J.Seward
The letter• -.:.was- ..regarding .a, recently passed solid solid waste bil
waste bil l,, rwhich passed as, part of -the -new state budget
and emphasizes waste'' reduction;•= and, recycling as the
primary tools of solid waste management.
.A motion was made by-Councilman`O'Donnell, seconded
by Councilman .Thorpe• to� receive,and fi le a letter from rec & file
Senator. -James L,..: :Seward to Supervisor Pierce. Al letter from J.
voting aye, the motion was carried.-- Seward to Mel
The letter was regarding state related problems St. Problems
such as Liberty scholarships, Minority enterprise, bills
to creat6-_,news ,housing, and medical malpractice and
liability .insurance :reforms -.
A motion was.made.by Councilman Thorpe, seconded by
Councilman O'Donnell; °to...receive and file a letter from
Congressman Sher.woo_d. Boehlert to Supervi-sor Pierce. All rec & file
voting aye, the motion was carried. letter from
.-:The letter-i.was.. regarding =the ,funding . problems that Boehlert to Mel
Tunision .Labor-atory_ of Fish Nutri�ti,on� is.. experiencingo= Tunision Lab
RESOLUTION=#134' ACCEPT NOTICE'OF LIQUOR LICENSE
RENEWAL - COUNTRY -MUSIC ASSOCIATION
Motion by Councilman O'Donnell Liquor License
Seconded j by! Counc i 1man Thorpe Country Music
VOTES -...ALL AYE -ADOPTED`
BE IT RESOLVED, that notice has been received from John
Eckel, President of Statewide Country Music Association,
Inc., of Route 13 North, advising that they are renewing
their beer license in accordance with the Alcoholic
Beverage Control Law, and is hereby acknowledged.
lW4. 6
Liquor License
Grand Union
Liquor License
Tops
Liquor License
Fays
Wednesday May 18, 1988 Page 3
RESOLUTION #135 ACCEPT NOTICE OF LIQUOR LICENSE
RENEWAL - GRAND UNION
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that notice has been received from
Kenneth R. Baum, Vice President of Grand Union Co #2122,
located at 184 Homer Ave., advising that they are
renewing their liquor license in accordance with the
Alcoholic Beverage Control Law, and is hereby
acknowledged.
RESOLUTION #136 ACCEPT NOTICE OF LIQUOR LICENSE
RENEWAL - TOPS MARKET INC.
Motion by Councilman O'Donnell
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that notice has been received from Tops
Markets, Inc. of Cortland Plaza, advising that they are
renewing their Off Premises Beer License in accordance
with the Alcoholic Beverage Control Law, and is hereby
acknowledged.
RESOLUTION #137 ACCEPT NOTICE OF LIQUOR LICENSE
RENEWAL - FAYS DRUGS
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that notice has been received from John
A. Kougut, Senior Vice President, Fays Drug Company,
Inc. of 231 Groton Ave., advising that they are renewing
their Off -Premises Beer and Wine Product License in
accordance with the Alcoholic Beverage Control Law, and
is hereby acknowledged.
RESOLUTION #138 APPROVE MARK LIGAS - WATER AND SEWER
CONNECTIONS - TOWN OF CORTLANDVILLE
Approve Mark
Ligas - W&S Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an application was submitted by Mark Ligas of
196 Groton Ave, Cortland, NY, for plumber recognition
and was found to be in proper order, therefore
BE IT RESOLVED, that the application submitted by Mark
Ligas, is hereby approved for both water and sewer
connections, and be it further
RESOLVED, that his name shall be added to the approved
plumber list of the Town of Cortlandville.
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Wednesday May 18, 1988 Page 4
RESOLUTION #137 ACCEPT RESIGNATION OF JANET POTTS
DEPUTY COURT CLERK
Motion by Councilman Thorpe
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the resignation of Janet Potts from
the office of Deputy Court Clerk for the Justice
Department of the Town of Cortlandville is hereby
accepted with regret, and shall be effective May 27,
1988.
RESOLUTION #140 AUTHORIZE $200.00 EXPENSE FOR
CONSTITUTIONAL BICENTENNIAL CELEBRATION
Motion by Councilman Thorpe
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, Town Historian Alice Blatchley, chairman of the
Town of Cortlandville Bicentennial Committee, has
arranged for a celebration on June 14, 1988 at the
Cortlandville Park, and
WHEREAS, many people and businesses have donated monies,
items, and refreshments for said event, and
WHEREAS, the Bicentennial Committee has requested funds
to purchase a balloon flag, therefore
BE IT RESOLVED, that the Supervisor is hereby authorized
and directed to pay $200.00 to the Cortlandville
Bicentennial Committee for the purpose of buying a
balloon flag, to be paid from A755O.4
A motion was made by Councilman O'Donnell, seconded
by Councilman Testa, to recess the regular meeting and
open the Public Hearing for Local Law No. 1 for 1988,
providing for an amendment to Local Law NO.1 for 1986
(Town of Cortlandville Zoning Law), thereby creating an
Aquifer Protection District in the Town of
Cortlandville. All voting aye, the motion was carried.
A motion was made by Councilman O'Donnell, seconded
by Councilman Rocco, to reconvene the regular meeting at
9:00 p.m., following the Public Hearing. All voting
aye, the motion was carried.
Supervisor Pierce asked the Town Board if they were
prepared to act on the Aquifer Protection Law.
A motion was made by Councilman Thorpe, seconded by
Councilman O'Donnell, to adopt Local Law No. 1 for 1989,
as presented.
A discussion followed whereby no vote was taken.
Resignation of
Janet Potts
Justice
$200.00 exp.
Bicentennial
2118
Amend wording
Local Law #1
Wednesday May 18, 1988 ' Page 5
RESOLUTION #141' AMEND WARDING 'OF'PROPOSED LOCAL LAW
NO.-1 FOR 1988, PROVIDING FOR AN
AMENDMENT TO LOCAL LAW NO. i FOR
'1966,'THEREBY CREATING AN AQUIFER
PROTECT ION' D I'STR'I CT
Motion by Councilman Rocco
Seconded by Councilman Testa
A Ro11-Ca11.Vote was taken
Supervisor Pierce' nay
Councilman Thorpe nay
Councilman O'Donnell aye
Councilman Rocco aye
Councilman Testa aye
ADOPTED
WHEREAS, there was a discussion by the board members
regarding Section 8A.10 of the proposed Local Law No. 1
for 1986, which read as follows:
8 A.10 A Change in Use or Ownership
Where a Special Permit has been previously issued:
(1) A change in either use or ownership requires
application for a new Special Permit.
(2) 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 Board and the new owner
that the provisions of this Article shall be
adhered to.
and
WHEREAS, at the Public Hearing, many business owners
expressed their desire to change the wording of this
section, therefore
HE IT RESOLVED, that Section 8 A.10 of proposed Local
Law No. 1 for 1988 shall read as follows:
8 A.10 A Change in Use
Where a Special Permit has been previously
issued, a change in use requires application for a new
Special Permit.
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Wednesday May 18x 1988 Page 6
RESOLUTION #142 ADOPT LOCAL LAW N8.1 FOR 1988» AS
AMENDED, PROVIDING FOR AN AMENDMENT
TO LOCAL LAW NO.1 FOR 1986,''THEREBY
CREATING `AN AQUIFER PROTECTION
' DISTRICT IN THE TOWN OF
CORTLANDVILLE
Motion by Councilman
Rocco
Adopt Local
Seconded by'Councilman
O'Donnell
Law ^ 1 ��� 0o
A Roll Call
Vote was
taken
1988- Agoifei
Protection
Supervisor
pierce
aye
Councilman
Thorpe
aye
Councilman
O"DonnelI
aye
Councilman
Rocco
aye
Councilman
.-
Testa
.
aye
ADOPTED
BE IT ENACTED, by the Town Board of the Town of
Cortlandville as folldws:
.SECTION 1. Local Law Number 1 for the year 1986 is
hereby amended at Section 21. by adding the following:
�7. Aquifer -Protection District
�
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` SECTION 2. Definitions
Local Law Number 1 for the year 1986 is hereby
amended at Section 1~2(3) by deleting the term and
definition of "DEVELOPMENT" and by adding the following
terms and their definitions in their alphabetical
placement within the existing list of terms:
AQUIFER - A saturated, permeable geologic material
capable of yielding sufficient amounts of water to wells
and springs.
AQUIFER PROTECTION DISTRICT MAP - The Aquifer Protection
District'Map shall be' the official map adopted by the
Town of Cortlandville' and'delineated to indicate that
area of the Town of Cortlandville underlain by any
aquiferswhich nowserve'and/or in the future may serve
as the water supply for the Town of Cortlandville.
BULK STORAGE - Materials stored in large quantities
which are usuaIIydispensed 'in smaller units for use or
consumption�
CONTAMINATI-ON - The degradation of natural water quality
as-a~result of human activities to the extent that its
usefulness -is impaired. '
DEVELOPMENT - Any man-made changes to improved or
unimproved real estate, including but not limited to,
the 'construction 'of buildings; reconstruction of
buildings", dredging, filling, mining, grading,
construction of tanks or other storage facilities,
pumps, pumping stations, waste treatment or disposal
facilities or commercial excavation.
DISCHARGE - The disposal, deposit, injection, dumping,
spilling, leaking, or release by any other means of a
substance to the surface or subsurface of the ground,
surface waters or groundwater.
250
Wednesday May 18, 1988 Page 7
HAZARDOUS MATERIAL - Any substance found listed in
'either 40'CFR Part 261, 40 CPR Part 302, or 6 NYCRR Part
371, alone or in combination, including but not limited
to petroleum products, organic chemical solvents, heavy
metal sludges, acids with a pH less than or equal to 2,
alkalies with a pH greater than or equal to 12.5,
radioactive substances, pathological or infectious
wastes or any material exhibiting the characteristics of
ignitability, corrosivity, reactivity or EP toxicity.
LINEAR DISTANCE - The shortest horizontal distance from
the nearest point of a structure or object to the
boundary of any protection area, or to the margin or
steep bank forming the normal high water line of a
watercourse.
SOLID WASTE DISPOSAL FACILITY - Any facility used for
solid waste disposal, including but not limited to
sanitary landfills and dumps but not including disposal
areas for inert debris.
TOXIC SUBSTANCE - Any compound or material which is, or
may be, harmful to human health as defined by Section
4801 - Subdivision 2 of the New York State Public Health
Law.
WATERCOURSE - Any river, stream, spring, wetland, pond,
lake reservoir, or channel of water or any man-made
culvert which flows directly into one of the
aforementioned.
SECTION 3. Local Law Number 1 for the year 1986 is
hereby amended to provide for Section 2.2 to read as
follows: 1`
2.2 Zoning Map
The boundaries of the Districts are
established as shown on the map entitled "Zoning Map" in
this Local Law except' that the Aquifer Protection
District is set forth on"the Aquifer Protection District
Map filed with the Town of Cortlandville. Reference is
also made to Section 13.3(2.) of the Town Zoning Law
herein concerning the filed plan and maps for Flood
Hazard Areas.
The Zoning Map, including any explanatory
material on it, is made a part of this Local Law. The
Town Clerk shall certify the Zoning Map as part of this
Local Law and keep it on file in the clerk's office.
Any changes in district boundaries or other matter shown
on the Zoning Map shall be made on the certified Zoning
Map. The Local Law making any change shall provide for
its entry upon the Zoning Map.
SECTION 4. Local Law Number 1 for the year 1986 is
hereby amended by adding, after the entire Article VIII,
a new Article VIII-A to read as follows:
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Wednesday May 18r 1988 Page 8
ARTICLE VIII-A
AQUIFER -PROTECTION DISTRICT
8 A.1 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:
(1) regulating land uses which might contribute to
the — 11 contamination of'` any'aquifers i,dentified as
necessary for the present and.future.-water-supply of the
Town of Cortlandville.
B A.2 Scope and Authority
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 aIl,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—
.z-'
B A.3, Establishment and -Delineation- of: -an Aquifer
District�� '
/ For the purposes of this district.- there -are .hereby
established-withinthe� Town of OortIandville,- certain
aquifer protection areas which consist of -any aquifer, -
the ' land. -above such. aquifer, .- and -the .'aquifer�s most
significant recharge areas -as folIows:':c ' '
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<1) Area I�Primary Aquifer Area `
. . The Primary Aquifer Area, as'delineated, shall
include:
a. Thosehighly permeable aquifer areas which
have undergone significant development as public water
supplies and which serve populations greater than 8,000
persons including municipal water systemsnprivate water
companiesx water, districts -and-,water--authorities but
ewcluding -individual wells. .
. b' Any -bodies of surface water or portions
thereof, -including wetlands(as defined by Article 24,
Section 107 of, the New York State Conservation Law)
with-in'thePrimary Aquifer Area boundaries. `
'- (2) Area Il:: �|=rincipal Aquifer Area
The Princ.ipaI � .Aquifer, ,Area,� 'as'delineated,
shall include,-,
a. Potentially productive aquifer areas not
yet intensively used as sources of public water supply
but which:
i^ , are composed of moderately permeable
material which may -have `the potential - to`be used as a
source of public water supply;
ii. serve as a 'signifi,cant source of
water for individual wells; and
iii. have an areal extent greater than one
(1) square mile;
Wednesday May 18, 1988
Page 9
b. AreaS whi.c.h:
provide significant recharge
to primary. .aq.uife.r.s butwhich
are
not composed of
aquifer material;
.— c. — Any..bodies
thereof including.we.tlands
of surface
(as defined
water or portions
by Article 24,
Section. .107 of the New.
York State
Conservation Law)
within the Principal Aquifer Area;
(3) Area III: Tributary Watershed Area
. The Tributary Watershed Area, as delineated,
shall include land outside the aquifer area that may
contribute runoff overland and/or 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 Section 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.(U.S. EPA) by June 19,
1989, and U.S. EPA 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.
The boundaries of the Aquifer Protection District
and the aquifer protection areas reflect the best
hydrogeologic information 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.
8 A.4 Permitted Uses
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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Wednesday May 18, 1988 Page 10
(1) Areas I, II, and III: Primary and Principal
Aquifer Areas; Tributary Watershed Area .
All uses currently permitted under the
Cortlandville Zoning Law and Map are permitted in the
Aquifer Protection District subject to the provisions of
this Article.
(Z) 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.
In.the event that a nonconforming _use has ceased
for a consecutive period of one (1) year or for eighteen
(18) months during any three (3) year period, such
nonconforming use may not be resumed except in
conformity with the provisions of al-l_ districts within
which it is located.
As with the other zoning districts, all provisions
of Article XIV shall apply in the same manner_ to the
provisions of the Aquifer Protection District.
8 A.5 Restrictions and Requirements
(1) Prohibitive Uses and Activities
a. The discharge, land application or
disposal of any hazardous material,.toxic substance or
radioactive material.
b. The production or processing of bulk
quantities of any hazardous material.or toxi.c.substance
is prohibited.
C. i. The open storage of pesticides,
herbicides, fungicides and artificial fertilizers.within
fifty (50) feet linear distance of any watercourse in
Area III is prohibited;
ii. The open storage..of pesticides,
herbicides, or fungicides is prohibited in Areas I and
II; 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;
d. The dumping or disposing of snow or,ice
collected offsite from roadways or parking areas into or
within fifty (50) feet linear distance of any
watercourse;
e. i. The open storage of coal or chloride
salts within fifty (50) feet linear distance of any
watercourse in Area III is prohibited;
Wednesday May 18, 1988 Page 11
ii. The bulk storage of coal or chloride
salts is p'r'ohi6ited ' ' in* AreasI and II- except in .a
water -tight venti`la'ted" structure''constructed on an
impervious surface. Any outside area used for loading,
handling, or miXing''4Haall be 'designed so'as totprevent
seepage and runoff`from'entering the groundwater or any
watercourse;
f. Any form of underground injection of
hazardous materials or toxic substances is -prohibited;
g.. Gas stations, solid waste disposal
facilities' and 'junkyards are prohibited in Areas I and
II;
h. Single family houses using septic tanks
on lots'of less than 30,000 feet are prohibited.
i. i.Two family houses using septic tanks on
lots of Tess than 45,000 square feet are
prohibited.
ii. All plans for two family houses using
septic tanks require the approval of the Cortland
County Health Department.
j. Multi -family houses using septic tanks are
prohibited.
k. All prohibited uses and activities
associated with industrial development as per Article
12.5 of the Town Zoning Law;
1. The use of septic system cleaners which
contain toxic substances or hazardous materials.
M. The disposal of toxic substances or
hazardous materials by means of discharge to a septic
system.
(2) Other Requirements
a., Petroleum Bulk Storage Facilities
installed above and below ground require permits and are
subject to compliance with those standards described in
Articles XIX, XX and XXI of the Sanitary Code of the
Cortland County Health District.
b. Bulk storage of toxic substances or
hazardous materials is subject to compliance with
Article XVIII of the Sanitary Code of the Cortland
County Health District.
C. Quarries, gravel mining and excavations
are permitted in accordance with Article 16.3 of the
Town Zoning Law except where on -site activities violate
the provisions of Sections 8 A.5 and 8 A.6 herein.
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Wednesday May 18, 19ee Page 12
Operations which commence on or after the
effective date of these regulations shall installa
minimum -of one (1) groundwater monitoring well in a
direction upgradient from 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 determined by a
professional geologist, hydrogeologist; -engineer, or
other. qualified--- expert trained and experienced in
hydrogeology.
Frequency of r.equired.water�)'quality sampling from
monitoring,wells- shall:.beidetermined on a -site -specific
basis. _
Access to monitoring wells shall be -provided to
employees -of the Cortland Count�y.Health-.Department for
purposes-iof any additional water quality sampling deemed
appropriate.
d. 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;
i.. Floor drains,must be connected to a
holding tank or,sanitar.y sewer equipped1with an oil and
grit separating tank... -
ii. Wastes collected in a holding tank
must be - di.sposed of through a licensed waste
hauler.
iii:.. Waste degreasing solvents must be
stored•in drums_ o:e a holding tank and disposed of
through a licensed waste hauler.
iv'. Waste oil must•be stored in tanks or
drums for disposal by a licensed waste hauler.
V. Storage facilities for tanks and/or
drums require coated -concrete floors and di-kes to retain
accidental spills or leaks; a permanent roof to protect
tanks or drums and -to prevent= precipitation, from
entering dikes.. Drums should be,sea,led,and tanks and
drums must be located away from floor drains.
vi. Large drip pans should be kept
beneath drums which have spigots and are stored in
horizontal position on racks.-
vii. 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.
e. i. Application of pesticides;,herbicides,
fungicides, or chemical .fertilizers-: shall -be performed
in accordance with the -,recommendations and label of the
manufacturer. - _
ii 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.
WEdnesday May 18, 1988 Page 13
f. 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.
g. 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 the Town Zoning
Law.
h. Dry wells connected to drains from
buildings require the approval of the Cortland County
Health Department.
i. 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 (U.S. EPA), the New York State
Department of Environmental Conservation (NYS DEC), and
the State and County Health Departments may be
requested.
8 A.b 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:
(1) Violates or does not meet any of the
provisions of Section 8A.5 herein;
(2) Is a development, other than residential, of
real property exceeding $150,000 in development cost;
(3) Is a use that anticipates an average daily on
site water consumption exceeding 50,000 gallons per day
(gpd).
8 A.7 Application for a Special Permit
Applicants for a special permit to develop in the
Aquifer Protection District shall submit the following:
(1) Name, address and telephone number of the
applicant;
(2) If the applicant is a corporation, the name,
address and telephone number of all the corporate
officers and directors.
(3) 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, storm water wastes,
process wastes, toxic substances and hazardous
materials, solid wastes and incidental wastes within the
property boundaries of the business or commercial
establishment.
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(4) a. 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
weightper monththe 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.
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b. When the 'use of toxic substances or
hazardous materials averages less then 55 liquid gallons
per month or 500 pounds dry weight per month, and when
the project is determined to have a potential negative
impact on groundwater quality, the Town Board may demand
the applicant to provide for any and all design
features, operating plans, and/or such other protection
measures as per B A.7(4a.) above.
<5> a. 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 2000
pounds dry weight, the applicant must provide for any
and all design features, --operating plans, and such other
additional protection measures as the Town Board may
require to prevent and/or monitor groundwater
contamination especially in the event of a potential
leak or spill of these substances.
b. 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 2000 pounds dry
weight, the Town Board may demand the applicant to
provide for any 'and all design features, operating
plansr and such other additional protection measures as
per BA.7(5a.) above.
(6) Such other nonproprietary information as the
Town Board shall request in order to have all facts
before it prior to making theirdecision.
(7) Copies of -any permits and applications to any
other government agencies.
(B) List of all toxic substances or hazardous
materiels � 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
toxi-c substances or hazardous materials an the premises.
'
(9) Method of disposal of toxic substances or
hazardous materials.
(10) A full report regarding the use and storage of
all toxic substances and all hazardous materials.
8 A.B Referral and Public Hearing For A Special Permit
The Town 'Board shall refer an application for such
Special Permit to the Town and County Planning Boards
for comments prior to the Town Board's decision.
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 XII of the
Town Zoning Law, Conditional Permit.
Wednesday May 18, 1988 Page 15
A publichearing ,shall.;.be :.held in regards to
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granting such Permit and notice .of the:.publs
hearing ,in regard to the_.granting of such Special Permit
shall be _.published,_,i1.n the.off,icial town,newspaper not
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than , twenty (20), days and, , .no t less than ten ( 10 )
days before the date of,,.,such public hearing., All, uses
specified in Sections_8 A.5 and.8 A.6 above which would
be subject to a Special Permit, except for the.fact that
when such uses are governmental entities, they shall
nevertheless be subject to the public hearing
requirements of this., Section,: and shall file an
Environmental 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.
8 A.9 Issuance of Special Permit
(1) The Town Board may grant the Special Permit,
deny the Special Permit or grant the Special
Permit with stated conditions.
(2) 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 Cortlandville. This
shall be a continuing requirement.
8 A.10 A Change in Use
Where a Special Permit has been previously issued,
a change in use requires application for a new Special
Permit.
8 A.11 Penalties
In accordance with Section 268.(1.) of the New York
State Town Law, a violation of this Article VIII-A is
hereby declared to be an offense, punishable by a fine
not exceeding three hundred fifty dollars or
imprisonment for a period not to exceed six months, or
both for conviction of a first offense; for conviction
of a second offense both of which were committed within
a period of five years, punishable by a fine not less
than three hundred fifty dollars nor more than seven
hundred dollars or imprisonment for a period not to
exceed six months, or both; and, upon conviction for a
third or subsequent offense all of which were committed
within a period of five years, punishable by a fine not
less than seven hundred dollars nor more than one
thousand dollars or imprisonment for a period not to
exceed six months, or both. Each week's continued
violation shall constitute a separate additional
violation.
SECTION 5. Local Law Number 1 for the year 1986 is
hereby amended to provide for Section 12.1(1). to read
as follows:
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Wednesday May 18, 1988 Page 16
The uses and structures listed in each District,
with the exception of the Aquifer protection District,
which require Conditional Permits are recognized as
potentially desirable for the Town. However, the uses
and structures requiring Conditional Permits may,
because of their nature, present some degree of hazard
or danger to the Town and its people. In the Aquifer
Protection District, Special Permits shall be considered
pursuant to Article VIII-A.
SECTION 6. Local Law Number 1 for the year 1986 is
hereby amended by adding the following paragraph to
Section 19.2:
Separate penalties for breaches and violations
of Article VIII-A are set forth in Section 8 A.11.
SECTION 7. The invalidity of any section or
provision of this local law shall not invalidate any
other section, provision or part of it.
SECTION S. This Local Law shall take effect in
accordance with the provisions of Section 264 of the New
York Town Law and immediately upon filing in the Office
of the Secretary of State.
A motion was made by Councilman Thorpe, seconded by
Councilman Rocco, to recess the regular meeting and
convene to an executive session, regarding pending
litigation. All voting aye, the motion was carried.
The following information was received from the
Supervisors office.
A motion was made by Councilman Thorpe, seconded by
Councilman O'Donnell, to adjourn the executive session
and reconvene the regular meeting. All voting aye, the
motion was carried.
No Action was taken.
A motion was made by Councilman Testa, seconded by
Councilman Thorpe, to adjourn the Regular Meeting. All
voting aye, the motion was carried.
The meeting was adjourned at 9:40 p.m.
Respectfully submitted,
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Diane Demeree
Deputy Town Clerk
Town of Cortlandville