HomeMy WebLinkAbout2021-07-07 WITHDRAWN - Safeguard Wellhead Protection Areas - Proposed Local Law of 2021—�
TOWN OF CORTLANDVILLE
LOCAL LAW NO. _ OF 2021
A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE'S
ZONING CODE TO FURTHER SAFEGUARD THE EXISTING WELLHEAD
PROTECTION AREAS WITHIN THE TOWN OF CORTLANDVILLE'S
AQUIFER PROTECTION DISTRICT
BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows;
SECTION 1. TITLE.
This Local Law shall be known as the "A Local Law to Amend the Zoning Code to Further
Safeguard the Existing Wellhead Protection Areas Within the Town of Cortlandville's Aquifer Protection
District and Other Related Amendments."
SECTION 2. STATUTORY AUTHORITY.
This Local Law is intended to be consistent with and is enacted by the Town Board of the Town
of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New
York State Municipal Home Rule Law and the New York State Town Law. It is intended and is hereby
declared to address matters of local concern only and is intended to act in furtherance of the Town's
authority with respect to existing zoning and land use laws related to the planning and physical use of
real property within the Town.
This Local Law is intended to replace, modify and/or supplement identified provisions of the
"1985 Zoning Local Law of the Town of Cortlandville, Cortland County, New York".
SECTION 3. PURPOSE AND INTENT.
The Town Board finds that it is in the best interest of the Town of Cortlandville to enact further
protective measures within Chapter 178 of the Town Code, entitled "Zoning" in order to further
safeguard the Town's drinking water supply wells, and to reorganize, enact additions and amendments
to various provisions in the Code to best effect those safeguards in a manner that the Board believes is
legally sustainable.
SECTION 4. ADDITIONS, DELETIONS AND MODIFICATIONS TO PART II OF GENERAL LEGISLATION OF
THE TOWN OF CORTLANDVILLE CODE, PART II, CHAPTER 178 -ZONING
1. The following definitions are hereby added to Section 178-2 of Article I entitled: "Definitions":
"Mine"
Any excavation from which a mineral is to be produced for sale or exchange, or for commercial,
industrial or municipal use; all haulageways and all equipment above, on or below the surface of
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the ground used in connection with such excavation, and all lands included in the We of the
mine as identified in any permit issued by the New York State Department of Environmental
Conservation.
The extraction of overburden and minerals from the earth; V and processing of
minerals, including any activities or processes or parts thereof for the extraction or removal of
minerals from their original location and the preparation, washing, cleaning, crushing,
stockpiling or other processing of minera►s at the mine location so as to make them suitable for
commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine
location; the removal of such materials through sale or exchange, or for commercial, industrial
or municipal use; and the disposition of overburden, tailings and waste at the mine location.
"Mining" shall not include the excavation, removal and disposition of minerals from construction
projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities.
"Wellhead Protection Area"
The surface and subsurface area through which contaminants are likely to pass before reaching
a well or group of wells used for public water supplies.
2. The title of Article IA is changed to "Wellhead Protection Area District".
3. Existing § 178-2.1 is hereby replaced with the following provision:
Statement of Intent.
The purpose and intent of the Wellhead Protection Area District is to preserve the quality and
quantity of the Town's limited drinking water resources to ensure a safe and plent►fu► drinking
water supply. This is accomplished through an overlay district that prohibits certain identified
land uses which could contaminate the Otter -Dry Creek Aquifer in the immediate vicinity of the
Town's three existing drinking water supply wells and also regulates the same land uses in
protected areas located further away from the wells.
4. Add the following as new § 178-2.2:
§ 178-2.2 Establishment of Wellhead Protection Zones.
A. The Town of Cortlandville operates three public drinking water supply wells ("Public Wells")
within the Otter -Dry Creek Aquifer which supply drinking water to the residents of the
Town. Two of the supply wells are located adjacent to Lime Hollow Road (the "Lime Hollow
Wells") and one well is Adjacent to Terrace Road (the "Terrace Road Well).
B. "Wellhead Protection Areas" for each of the Town's Public Wells have been established by
the Cortland County Soil and Water Conservation District with the assistance of the Cortland
County Health Department and the United States Geological Survey, in accordance with
applicable federal and state laws, rules and policy to protect public drinking water supply
wells. These Wellhead Protection Areas were identified in a report entitled: "FINAL
Delineation of Wellhead Protection Areas", dated May 2002 and they are divided into three
separate subareas known as "Wellhead Protection Zones". The Wellhead Protection Areas
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and Wellhead Protection Zones established by the County Soil and Water Conservation
District are adopted to facilitate protection of its drinking water supply in the Wellhead
Protection Area District,
C. The Wellhead Protection Zones wn the Wellhead Protection Area District are described
as follows:
(1) Zone 1A. Zone 1A includes those land areas within the Town located directly over
the aquifer and immediately surrounding each public water supply well. It covers
those areas within which groundwater is estimated to take approximately two years
or less to reach the corresponding well.
(2) Zone 1B. Zone 1B includes those land areas within the Town located directly over
the aquifer but outside of Zone 1A, within which groundwater is estimated to take
approximately five years or less to reach the corresponding well.
(3) Zone 2. Zone 2 is also known as the "Watershed Recharge Area" for each well. It
includes those land areas within the Town that contribute water to the
corresponding public supply well. I can include portions of the aquifer that
contribute flow to the supply well and can also include upland areas, outside of the
aquifer boundary. It is essentially the drainage area to Zones 1A and 1B.
D. Prohibited Uses and Activities. The following uses and activities and expansions of any
such existing uses and activities are prohibited within Wellhead Protection Zone 1A
regardless of whether such use or activity is an allowable use within the District that is
overlain by that zone:
(1) The discharge, land application or disposal of any hazardous material,
toxic substance, or radioactive material (as defined by any applicable
state or federal law).
(2) The production or processing of bulk quantities of any hazardous
material or toxic substance (as defined by any applicable state or federal
law).
(3) The open storage of pesticides, herbicides, or fungicides (as defined by
any applicable state or federal law).
(4) The dumping or disposing of snow or ice collected off-site from
roadways or parking areas,
(5) The open or bulk storage of coal or chloride salts.
(6) Any form of underground injection of hazardous materials or toxic
substances (as defined under any applicable state or federal law).
(7) Gas stations, solid waste disposal facilities and junkyards.
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(8) Any activities associated with industrial development as per Section
178-77 of Article XIV (Conditional Permit) of the Cortlandville Town
Code.
(9) The use of septic system additives and cleaners which contain toxic
substances or hazardous materials (as defined by applicable state or
federal law),
(10) The disposal of toxic substances or hazardous materials (as defined
under applicable state or federal law) by means of discharge to a septic
system.
(11) All forms of Mining.
E. The uses in subparagraph C above are not prohibited within Wellhead Protection Zones 16
or 2 but they may not be undertaken or expanded within the Aquifer Protection District
without a Special Permit issued pursuant to § 17846.
5. Renumber previous § 178-2.2 as § 178-2.3.
6. § 178-4 entitled: "Zoning Map" is hereby amended to read as follows:
The boundaries of the districts are established as shown on the map entitled "Zoning Map" in this
chapter, except that the Aquifer Protection District is set forth on the Aquifer Protection District Map
filed with the Town of Cortlandville, and the Wellhead Protection Zones are set forth on the Wellhead
Protection District Map filed with the Town of Cortlandville. Reference is also made to § 178-806 of this
chapter herein concerning the filed plan and maps for flood hazard areas. The Zoning Map, the Aquifer
Protection District Map and the Wellhead Protection District Map, including any explanatory material on
each, are made a part of this chapter. The Town Clerk shall certify each of the maps as part of this
chapter and keep them on file in the clerk's office. Any change to district boundaries or other
information depicted in the maps shall be made on the certified Zoning Map, Aquifer Protection District
Map and the Wellhead Protection District Map. The local law making any change shall provide for its
entry upon the corresponding map.
7. § 1784
5 B (3) is replaced with the following:
(3) No Mine of any kind is a permitted use within the Aquifer Protection District, except sand
and gravel Mines that are located within an underlying Agricultural District provided they are not
located within Wellhead Protection Zone 1A. Mines are a special permitted use in Wellhead Protection
Zone 1B or Zone 2 in Agricultural Districts that are overlayed by the Aquifer Protection District.
8. Add new § 178-15 F to Uses subject to conditional permit in an Agricultural District:
F. Sand and Gravel Mines.
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9. Add new § 178-34 B.:
B. Mines of any type.
10. Add new § 178-36.5 B.;
B. Mines of any type.
11. Add new § 178-36.12
B. Mines of any type.
12. Add new § 178-40.2 C:
C. Mines of any type.
13. Delete § 178-40.4 A. (7) and renumber former (8), (9) and (10) as (7), (8) and (9).
14. Add new § 178-40.6 C.:
C. Mines of any type.
15. Delete § 178-116 in its entirety.
SECTION 5; STATE ENVIRONMENTAL QUALITY REVIEW ACT
This Local Law is classified a Type II action pursuant to 6 NYCRR § 617.5 (36) and therefore its
enactment requires no further review under the State Environmental Quality Review Act.
SECTION 6; SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the
remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part
hereof directly involved in the controversy in which such determination shall have been rendered.
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SECTION 7; EFFECTIVE DATE
This Local Laws hall become effective ten (10) days after being filed by the Secretary of State.
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