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HomeMy WebLinkAbout2022-01-05 Amend Zoning Code to Further Safeguard Existing Wellhead Protection Areas... {H4623153.1} 1 TOWN OF CORTLANDVILLE LOCAL LAW NO. ___ OF 2022 A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S ZONING CODE TO FURTHER SAFEGUARD THE EXISTING WELLHEAD PROTECTION AREAS LOCATED 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 and its police powers, 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. {H4623153.1} 2 The Town Board finds that it is in the best interest of the Town of Cortlandville to enact additional protective measures within Chapter 178 of the Town Code entitled “Zoning”, in order to further safeguard the Town’s drinking water supply wells, and where applicable, the City of Cortland’s public water supply because certain Wellhead Protection Areas within the Town are located within the contributing area to the City’s Public Wells immediately adjacent to the Town. As such, the Local Law is intended to protect the health and welfare of the citizens of the Town and the public generally, 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. Figures depicting the Wellhead Protection Areas are appended as Exhibit A. 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 the ground used in connection with such excavation, and all lands included in the life of the mine as identified in any permit issued by the New York State Department of Environmental Conservation. “Mining” The extraction of overburden and minerals from the earth; the preparation 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 minerals 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. “NYSDEC” New York State Department of Environmental Conservation. “Public Wells” Municipal or public drinking water supply wells. “Wellhead Protection Area” The surface and subsurface area surrounding a drinking water well, supplying a public water system, through which contaminants are reasonably likely to pass before reaching such well or group of wells, as designated pursuant to New York’s Wellhead Protection Program. Wellhead Protection Areas are located within Wellhead Protection Area Districts which overlay other {H4623153.1} 3 districts within the Town. While Wellhead Protection Areas are generally located with the Town’s Aquifer Protection District, they contain separate requirements than the Aquifer Protection District because land uses within Wellhead Protection Areas in the Town provide a more immediate threat to Public Wells. 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 limited drinking water resources to ensure a safe and plentiful public drinking water supply. This is accomplished through the establishment of an overlay district that is coterminous with the Wellhead Protection Areas and Wellhead Protection Zones within such Wellhead Protection Areas identified in § 178-2.3. This overlay district contains regulatory prohibitions and procedures governing land uses within the Wellhead Protections Areas which are in the Town. Such Wellhead Protection Areas correspond to the Town’s own Public Wells and the City of Cortland’s Public Wells located immediately adjacent to the Town. 4. Add the following as new § 178-2.2: § 178-2.2 Scope and authority. The Wellhead Protection Area District shall be considered as overlying other zoning districts. Any uses permitted in the portion of the districts so overlaid shall be permitted subject to all the provisions of this district, unless prohibited by this district. In the event of any conflict between these Wellhead Protection Area District regulations and any other existing regulations, the more restrictive regulations shall apply. 5. Add the following as new § 178-2.3: § 178-2.3 Establishment of Wellhead Protection Areas and Wellhead Protection Zones. A. The Town of Cortlandville operates three public drinking water supply wells within the Otter-Dry Creek Aquifer which supply drinking water to the residents of the Town. Two of the Town’s Public Wells are located adjacent to Lime Hollow Road (the “Lime Hollow Wells”) and one well is Adjacent to Terrace Road (the “Terrace Road Well). Additionally, the City of {H4623153.1} 4 Cortland operates Public Wells within the City limits, that are located immediately adjacent to its boundary with the Town. B. “Wellhead Protection Areas” and “Wellhead Protection Zones” in the Town of Cortlandville which correspond to the Town of Cortlandville’s Public Wells and the City of Cortland’s Public Wells have been designated 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 each Wellhead Protection Area is divided into three separate sub-areas known as “Wellhead Protection Zones”. The Wellhead Protection Areas and Wellhead Protection Zones within such Wellhead Protection Areas in the Town that were designated by the County Soil and Water Conservation District have been adopted by the Town of Cortlandville to facilitate protection of public drinking water systems through the Wellhead Protection Area District. C. Wellhead Protection Zones within the Wellhead Protection Area District are described as follows and are depicted in the Wellhead Protection District Map described in § 178-4: (1) Zone 1A. Zone 1A includes those land areas within the Town located directly over the aquifer and immediately surrounding each Public 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 Well. It 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, except as allowed herein, are prohibited within Wellhead Protection Zone 1A regardless of whether such use or activity is an allowable use within the underlying Zoning District that is overlain by that zone: {H4623153.1} 5 (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. (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 new Mines and all forms of Mining are prohibited within Wellhead Protection Zone 1A, except that existing Mines in such areas may {H4623153.1} 6 continue to operate if previously permitted, and may expand laterally within the existing property, but may not expand into and below the water table in Wellhead Protection Zone 1A unless such expansion or operation below the water table was previously permitted by the NYSDEC prior to the enactment of this provision. E. The uses identified in subparagraph D above are not prohibited within Wellhead Protection Zone 1B or Zone 2, unless such uses are not authorized in or are otherwise prohibited in the underlying zoning district, but new Mines and Mining may not be undertaken or expanded if located within the Aquifer Protection District without a Special Permit issued pursuant to § 178-46. 5. Renumber existing § 178-2.2 as § 178-2.4. 6. Add new § 178-3 K.: Wellhead Protection Area District. 7. § 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 § 178-80B 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. 8. § 178-45 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. 9. Add new § 178-15 F to Uses subject to conditional permit in an Agricultural District: {H4623153.1} 7 F. Sand and Gravel Mines, unless located within Wellhead Protection Zone 1A. 10. Add new § 178-34 B.: B. Mines of any type. 11. Add new § 178-36.5 B.: B. Mines of any type. 12. Add new § 178-36.12 B.: B. Mines of any type. 13. Add new § 178-40.2 C: C. Mines of any type. 14. Delete § 178-40.4 A. (7) and renumber former § 178-40.4 A. (8), (9) and (10) as (7), (8) and (9). 15. Add new § 178-40.6 C.: C. Mines of any type. 16. Replace § 178-116 with the following: § 178-116 Mines and Mining. A. New Mines. All new Mines and Mining operations within the Town shall be permitted only within Agricultural Districts. To the extent any such proposed new Mine in an Agricultural District is also located within an Aquifer Protection District or Zone 1B or Zone 2 of a Wellhead {H4623153.1} 8 Protection Area District, they shall be subject to the Special Permit requirements in § 178-46. New Mines located within Zone 1A of the Wellhead Protection Area District are prohibited in accordance with § 178-2.3. B. Existing Mines. Existing Mines located within Zone 1A of a Wellhead Protection Area District may expand only in accordance with § 178-2.3. D (11). Existing Mines not located within Zone 1A of a Wellhead Protection Area District must be either permitted by NYSDEC or exempt by State law from such permit requirements. C. Requirements For Exempt Mines. All new and existing Mines located within an Agricultural District, but which are not located in either Zone 1A of the Wellhead Protection Area District or the Aquifer Protection District, and which are exempt from NYSDEC permitting requirements, must comply with the following requirements: Renumber existing § 178-116 A. through J. as § 178-116 C. (1) through (10) SECTION 5; STATE ENVIRONMENTAL QUALITY REVIEW ACT This Local Law is classified a Type I action pursuant to 6 NYCRR § 617.4 (b) (2) 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. SECTION 7; EFFECTIVE DATE This Local Law shall become effective ten (10) days after being filed by the Secretary of State.