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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. E [J 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 I- I- 5 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. 1 1 1�_ 1 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. 1 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 � ` ` 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: 1 1 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 ' ' �` ' <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: i� 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. r- 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. 1 1 I (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. - - 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 LJ 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 I 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: 1 1 L 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, - Diane Demeree Deputy Town Clerk Town of Cortlandville