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HomeMy WebLinkAboutLL #2 2016 (Groundwater Protect)Final Draft 7/26/2016 Town of Danby Groundwater Protection Law ! Table of Contents !! Page ! Summary …………………………………………………………………………………… i ! Section 1 – Title …………………………………………………………………………… 1 ! Section 2 – Legislative Findings …………………………………………………………… 1 ! Section 3 – Legislative Intent …………………………………………………………… 3 ! Section 4 – Town-Wide Groundwater Protection Regulations ……………………………. 4 ! Section 5 – Creation of an Aquifer High Vulnerability (AHV) Overlay Zone ……...............9 ! Section 6 – Revisions to Site Plan Review and Approval Procedures …………………….13 ! Section 7 – Waivers and Variances ……………………………………………………………14 ! Section 8 – Additional Definitions ……………………………………………………………16 ! Section 9 – Severability ……………………………………………………………………20 ! Section 10 – Effective Date ……………………………………………………………………21 !!! Final Draft 7/26/2016 Summary ! The format of this local law adheres to general local law drafting standards in New York State with the law consisting of several parts referred to as sections. Section 1 of this local law is the title, the Town of Danby Groundwater Protection Law. Each local law should involve only one subject and the title should refer to this subject matter. Background information and research for the proposed law are spelled out in Section 2, Legislative Findings. This extensive section includes findings from a United States Geological Survey (USGS) study, comprehensive plan objectives, data compiled by the New York Rural Water Association, etc. ! Section 3 is the Legislative Intent, the purpose of the enacting this local law. The intent of this local law is to comprehensively protect and preserve the quality and quantity of the Town’s groundwater resources. This proposed local law has been formulated to protect groundwater resources that serve as the sole source of drinking water for residents and businesses in Danby. The law amends the Town’s existing Zoning Ordinance to afford adequate protection of groundwater resources. As detailed in Section 3, the protection law takes a two-tiered protection approach across Danby. ! The first tier is a Town-wide level of groundwater protection since virtually all of Danby is underlain by an aquifer capable of yielding a usable quantity of groundwater to wells or springs. Town-wide groundwater protection regulations have been created through the addition of a new section to the Zoning Ordinance (Section 713). Creation of this section is enabled by Section 4 of this Local Law. Town-wide regulations include the prohibition of certain uses and activities that pose a higher risk of groundwater contamination or depletion. Other Town-wide regulations protecting groundwater involve the requirement for submittal of groundwater resource evaluations and/or spill prevention plans for some larger proposals, or copies of permits and correspondence for certain agricultural facilities. Town officials will also verify that new water wells are located and installed in accordance with existing state standards. ! This Local Law recognizes that certain areas in Danby are more vulnerable to groundwater- related impacts. In order to preserve vulnerable unconsolidated aquifer recharge areas and wellhead protection areas for community water systems, the law creates an Aquifer High Vulnerability (AHV) Overlay Zone in the Zoning Ordinance. The AHV Overlay Zone occupies approximately 4.9 percent of the land area of the Town of Danby and 6.1 percent of privately- owned land within the Town. The AHV Overlay Zone is enabled by Section 5 of this Local Law. Within this critical zone, additional uses and activities are restricted. In addition, the maximum percentage of a parcel that may be rendered impervious to infiltration is managed in the AHV Overlay Zone to ensure that groundwater recharge rates are not significantly diminished here. The maximum percentage of a parcel that can be made impervious varies upon the lot size. These percentages are based upon the average imperviousness for residential lot sizes as outlined in the U.S. Natural Resources Conservation Service (NRCS) Technical Release 55 (TR-55). ! ! i Final Draft 7/26/2016 In Danby, applications for rezoning or special permits require the Town Planning Board to receive, review, and approve site plans. Several groundwater resource-related measures have been proposed to be added to the Zoning Ordinance related to site plan review and approval. These revisions and amendments are enabled by Section 6 of this Local Law. Section 7 sets forth the process for requesting and receiving a waiver from the requirements or processes mandated by this Local Law. Lastly, several groundwater-related definitional terms are to be added to Appendix I. These additions are enabled by Section 8 of this Local Law. 
 ! ii Final Draft 7/26/2016 AMENDMENTS TO THE TOWN OF DANBY ZONING ORDINANCE RELATING TO THE PROTECTION OF GROUNDWATER RESOURCES TOWN OF DANBY, TOMPKINS COUNTY, STATE OF NEW YORK LOCAL LAW NUMBER _ OF THE YEAR 2016 Passed __________ ! SECTION 1: TITLE. ! The Town of Danby hereby adopts this local law, to be known as the “Town of Danby Groundwater Protection Law”. ! SECTION 2: LEGISLATIVE FINDINGS. ! The Town Board of the Town of Danby finds that: ! A. All residents, institutions, and businesses in the Town of Danby (hereinafter the “Town”) depend upon local groundwater resources for their source of drinking water. Some residents rely upon public water systems that are regulated by the Tompkins County Health Department and the New York State Department of Health. These include the West Danby Water District and privately-owned mobile home parks. However, approximately 87 percent of Danby’s population is supplied by individual water supply (IWS) wells. The use and operation of these IWS wells are not regulated and thus are not protected by existing public health regulations. ! B. Consistent with Objective H1.1 of the Comprehensive Plan adopted by the Town on September 22, 2003 and amended on September 12, 2011, it is critical to “ensure adequate private and public water supplies”. Groundwater contamination and/or depletion can and does occur as a consequence of a variety of land uses and activities. In order to protect groundwater resources that serve as drinking water supplies, the Town Comprehensive Plan indicates a strategy would be to: “prohibit heavy industry and high impact industrial activities, as well as prohibit or discourage other business, commercial, and light industrial impacts, and other uses, that may or will negatively affect aquifers and their recharge areas.” ! C. It is essential to protect all of Danby’s aquifers. As defined herein, an aquifer is a consolidated or unconsolidated geologic formation, group of formations, or part of a formation capable of yielding a usable quantity of groundwater to wells, springs, or infiltration galleries. Although stratified-drift (a.k.a. unconsolidated, sand and gravel, or valley-fill) aquifers in Town are generally more productive than the local bedrock aquifer (a median well yield of 10 gallons per minute versus 4 gallons per minute for bedrock wells), 81 percent of water wells drilled in Danby since 2000 have been completed in the ! i Final Draft 7/26/2016 bedrock aquifer. This is because most of the developable land in Danby is situated in upland areas between the valleys that contain the stratified-drift aquifers. The vast majority of bedrock wells in these upland areas supply usable quantities of water, though supplemental water storage may sometimes have to be provided in order to meet periods of peak demand. ! The water-bearing zones in the local bedrock aquifers are comprised of interconnected fractures. Recharge for the fractured bedrock is largely through precipitation recharge through the overlying unconsolidated deposits. In the upland areas between the valleys, this unstratified material is known as till. In addition to supplying recharge to the local bedrock aquifer, the United States Geological Survey (USGS) indicates that the till- covered uplands supply surface water runoff that eventually amounts to approximately 84 percent of the annual amount of recharge to the unconfined aquifer in Danby Creek Valley (see items D and E below). ! D. The United States Geological Survey has recently published a study by T.S. Miller entitled “Geohydrology and water quality of the stratified-drift aquifers in upper Buttermilk Creek and Danby Creek valleys, Town of Danby, Tompkins County, New York” (U.S. Geological Survey Scientific Investigations Report 2015–5138). This study conducted by the USGS of several of the Town’s stratified-drift aquifers was partially funded by the Town and the Tompkins County Planning Department. This study indicates that in the north-draining upper Buttermilk Creek Valley there are one and sometimes two confined sand and gravel aquifers. Locally, confined stratified drift aquifers consist of sand and gravel deposits that are overlain by fine-grained unconsolidated sediments that impede or slow infiltration of water (recharge) from surface sources to the aquifer. The upper of these confined aquifers is typically 5 to 10 feet thick, and occurs at a depth of 20 to 40 feet below land surface, and is confined above and below by till units that each typically range in thickness from 15 to 30 feet. This confined aquifer occurs in the southern part of upper Buttermilk Creek valley. The other confined aquifer is a basal confined aquifer overlying bedrock that ranges in thickness from 3 to 24 feet. This aquifer occurs throughout the upper Buttermilk Creek valley. It is confined above by 15 to 30 feet of till in the southern part of the valley and by as much as 157 feet of mostly till in the northern part of the valley. It can be locally found at shallower depths along the edges of the valley. ! In the south-draining Danby Creek Valley, the USGS identified an unconfined aquifer consisting of sand and gravel deposited by glacial meltwater as well as silt, sand, and gravel deposited by recent streams. In addition, the USGS identified several small local unconfined aquifers where tributary streams deposited alluvial fans in the valley. ! E. The USGS study identifies the principal sources of annual recharge to the unconfined aquifers in the study area to be: (1) direct infiltration of precipitation at the land surface ! ii Final Draft 7/26/2016 (16% of total); (2) unchanneled surface runoff and groundwater inflow from adjacent upland hillsides that eventually seeps into the unconfined aquifer along the edges of the valley (55% of total); and (3) leakage from upland tributary streams where they cross the aquifer (29% of total). ! F. The USGS indicates that the groundwater levels in local test wells in the confined aquifers show that the degrees of confinement vary from low-to-moderate. The principal sources of recharge to the confined aquifers include precipitation that falls directly on the surficial confining unit, groundwater inflow from till and bedrock that borders the aquifer, and recharge where the confining units are locally absent such as in landforms known as alluvial fans. ! G. The West Danby Water District’s water supply consists of a single 275-foot deep bedrock well completed in 1966. This supply serves a population of approximately 265. In addition to this municipal system, there are currently two other public water systems in Danby that supply a resident population and are thus classified as a community water system: the Hillview Terrace Mobile Home Park (population of 80) and Bailey Park (population of 37). Both of these systems rely upon wells completed in the bedrock aquifer. ! H. Some of the groundwater and upland surface water runoff originating in Danby flows to neighboring towns and municipalities, helping to eventually replenish the groundwater resources of these communities. Protecting the quality and quantity of groundwater as well as upland surface water runoff in Danby thus benefits these communities as well. ! I. In order to ensure a safe drinking water supply now and for future generations, the wellhead protection areas for the West Danby Water District as well as other community water systems in Danby must be safeguarded. New York Rural Water Association has delineated a wellhead protection area for the current West Danby Water District well using a volumetric shape approach that takes into account the well’s withdrawal amount, the open interval of the well, and the shale aquifer’s porosity. The wellhead protection areas for other community water system wells are taken to be a 300-foot buffer around the supply sources. This distance is based upon the most protective distance listed in Table 1, 10 NYCRR Part 5, Subpart 5-1, Public Water Systems - Appendix 5D. ! J. Chemical spills, discharges of toxic and hazardous materials, certain land uses, and high volume water withdrawals can threaten the quality and quantity of water resources that are available to recharge aquifers and sustain surface water. Once a groundwater supply is depleted or contaminated, it is very expensive, and sometimes not feasible, to replace. The loss of clean and ample groundwater resources would have grave and long-term consequences for the public health, environment, economy, and future development potential of the Town. ! iii Final Draft 7/26/2016 ! SECTION 3. LEGISLATIVE INTENT ! The Town Board of the Town of Danby has established this Local Law in the interest of the public health, safety, and general welfare, in order to protect and preserve the quality and quantity of the Town’s groundwater resources. This Local Law has been formulated to protect groundwater resources that serve as the sole source of drinking water for residents and businesses in Danby. This is to be accomplished on a town-wide basis by regulating or prohibiting high-risk land uses that might contribute to the contamination or substantial depletion of groundwater resources. In critical recharge areas for unconfined and confined stratified-drift aquifers and wellhead protection areas for community water system wells, additional safeguards are instituted through the creation of an overlay zone. !! SECTION 4. TOWN-WIDE GROUNDWATER PROTECTION REGULATIONS ! Article VII of the Town of Danby Zoning Ordinance, entitled “SPECIAL REGULATIONS,” is hereby amended by adding a new Section 713 to read as follows: ! Section 713 – GROUNDWATER PROTECTION REQUIREMENTS. ! 1. PROHIBITED USES AND ACTIVITIES. The following uses and activities are specifically prohibited in the Town of Danby in order to safeguard groundwater resources: ! a. Any use or activity that involves the on-site disposal of solid waste, medical waste, petroleum, radioactive material, hazardous or toxic substances, hazardous waste, process wastes, including wastewater (except for the disposal of sewage through an on-site wastewater treatment system, or the agricultural use of animal manure, associated bedding material, and food processing wastes where such wastes are applied at or below agronomic rates). ! b. Any solid waste management facility except for land application or composting facilities permitted by NYSDEC for agricultural use within an agricultural district created pursuant to New York State Agriculture and Markets Law. ! c. Surface land application of septage, sewage, or sludge except where permitted by NYSDEC for agricultural use within an agricultural district created pursuant to New York State Agriculture and Markets Law. ! ! iv Final Draft 7/26/2016 d. Construction of a concentrated animal feeding operation in portions of the Town located outside of a local agricultural district created pursuant to New York State Agriculture and Markets Law. ! e. A facility that receives hazardous or toxic substances, hazardous waste, medical waste, or radioactive material generated off-site for treatment, storage, or disposal. ! f. Bulk stockpiling or storage of coal, cinders, deicing compounds, hazardous substances, hazardous wastes, toxic substances, fertilizers, herbicides and/or pesticides except in packaging for individual use or resale or in structures designed to prevent contact with precipitation and constructed on low permeability pads designed to control seepage and runoff. ! g. Storage of manure, except for individual household or agricultural use, or at commercial establishments in packaging for individual use or resale. ! h. Natural gas and/or petroleum extraction, exploration, production and associated support activities, materials, and wastes, the definition of which is more particularly described elsewhere in this Ordinance. ! i. Drilling of wells to be used for: natural gas and/or petroleum exploration, extraction, production, and/or storage; solution salt mining; open-loop geothermal heating and cooling systems; or disposal of wastes including brine, natural gas exploration and/petroleum production waste, process waste, hazardous wastes, radioactive material, and wastewater. ! j. Installation of pipeline facilities used in the transportation of hazardous liquids, including crude oil, condensate, natural gasoline, natural gas liquids, liquefied petroleum, and other petroleum products. ! k. Application of production brine from an oil or gas well source or a liquefied petroleum gas (LPG) storage facility onto roads or other land surfaces. ! l. Drilling, development, and/or construction of sources of water for bottled water or bulk water facilities except for the collection of spring water without the use or assistance of an external force. Water must continue to flow naturally to the surface of the earth through the spring's natural orifice. ! 2. SPECIAL PROVISIONS AND REQUIREMENTS ! ! v Final Draft 7/26/2016 FACILITIES WITHIN AN AGRICULTURAL DISTRICT. Where land application facilities, composting facilities, or concentrated animal feeding operations are permitted by NYSDEC and located in a local agricultural district created pursuant to New York State Agriculture and Markets Law, the landowner shall: provide the Town a copy of all correspondence between the landowner/ applicant and the applicable federal, state or local regulatory agencies; give the Town a copy of all applicable federal, state and local permits; provide access to permitted sites by Town officials; and keep the Town updated on changes in permit status. ! 3. GROUNDWATER RESOURCES EVALUATION ! a. GROUNDWATER DATA STATEMENT. For any proposed use that will involve the withdrawal of groundwater from on-site wells and would eventually require the preparation and approval of a site plan under the provisions of this Ordinance (see Article VIII, Sections 800-802), the applicant must complete a “Groundwater Data Statement” and submit it to the Town Code Enforcement Officer. Such an application must contain the following information: ! i. Projected average daily water demand from existing and proposed on-site wells. Calculations for estimating the average daily water demand must be included and be based upon established design standards and upon the maximum projected use averaged in any consecutive thirty day period. Note that the Town of Danby has compiled estimated daily water use for various permitted land uses. ! ii. A map with the location of all existing and proposed wells at the site, including their position with respect to property lines, existing or proposed water bodies, roads, buildings, and potential contaminant sources as listed in Table 1 of Section 5-B.4 of Appendix 5-B of 10 NYCRR Part 5. b. GROUNDWATER RESOURCES ASSESSMENT. Applicants seeking approval for actions classified as Type I in 6 NYCRR Part 617.4 or Environmental Review of Actions in the Town of Danby must conduct and submit a Groundwater Resources Assessment if the submitted Groundwater Data Statement indicates that the proposed use involves a projected average daily water demand of 4,000 gallons per day or more. ! Work related to the Groundwater Resources Assessment shall be performed or directly supervised by a professional geologist. Alternatively, work may be performed or directly supervised by a licensed professional engineer who is experienced in performing groundwater studies. ! ! vi Final Draft 7/26/2016 The Groundwater Resources Assessment shall include: ! An inventory of all water wells within one-half mile (2,640 feet) of the proposed site supply wells. The well inventory should include where available: the location of wells on a map, and a listing of the wells with the following data: well depth, name of owner, type of aquifer intersected, depth of well casing, screened interval (if applicable), diameter, static water level, depth of pump intake, age of well, yield, any issues with water quantity or quality, and any other relevant data that can be reasonably obtained from sources such as government databases (NYSDEC and USGS), local well drillers, and a survey of local property owners. ! An inventory of known and potential contaminant sources within 2,640 feet of the pumping well(s). The potential contamination source inventory shall include data from sources such as regulatory databases, real property tax assessment land classification codes, land use mapping, visual survey(s), historical land records, anecdotal accounts, etc. ! An inventory of surface waters and wetlands within 2,640 feet of the pumping well(s). ! . 4. PROTOCOLS FOR GROUNDWATER MITIGATION. ! UNDUE ADVERSE IMPACT. In evaluating a proposed action classified as Type I in 6 NYCRR Part 617.4 or Environmental Review of Actions in the Town of Danby for determination of environmental significance, the Planning Board, and/or Town Board, acting as Lead Agency must determine that the proposed use will not have an undue adverse impact to existing supply wells, surface water, wetlands, or contaminant source(s). For these proposed actions, it will be presumed that such withdrawals will not have an undue adverse effect if the following can be demonstrated: ! The area of pumping influence of the use’s wells does not intersect surface water or wetlands. ! If the area of pumping influence of the use’s wells does intersect surface water, any reduction in surface water levels or flows is slight and will not cause a resultant violation of surface water quality rules. ! If the area of pumping influence of the use’s wells does intersect wetlands, there is no resulting loss of wetlands, their function, or value. ! The area of pumping influence of the use’s wells does not intersect any existing off-site water supply wells. ! ! vii Final Draft 7/26/2016 If the area of pumping influence of the use’s wells does intersect existing off-site wells, the withdrawal from the proposed use’s wells does not affect the continued future use of the existing wells. ! The area of pumping influence of the use’s wells does not intersect known areas of groundwater contamination. ! For uses that a Spill Prevention Plan (SPP) be submitted, it will be presumed that the use and/or storage of substances at the proposed facility will not have an undue adverse effect if the following can be demonstrated: ! There are no existing supply wells, surface water, or wetlands located within the areas projected to be impacted by a spill for a minimum distance 1,500 feet downgradient of the facility. ! If there are existing supply wells, surface water, or wetlands located within the areas projected to be impacted by a spill for a minimum distance 1,500 feet downgradient of the facility, there will be management practices, response activities, and monitoring practices in place to adequately minimize the potential for impacts. ! MITIGATION OF GROUNDWATER WITHDRAWAL IMPACTS. In order to ensure that the quantity and quality of groundwater or surface water is not unreasonably degraded or depleted, the Planning Board or Town Board may require changes or additions to the applicant’s site plans as a condition of approval to safeguard available groundwater resources. ! Examples of such mitigations measures could include: ! Deepening impacted well(s) and test for water quantity and quality. ! Redeveloping the well(s) and test for quantity and quality. ! Conducting a yield test on an impacted well or re-evaluate existing data. ! Evaluating the feasibility of connecting to a public water system or developing an alternative water source for the affected well(s). ! Reducing use average withdrawal volumes through design alternatives, water conservation measures, etc. MONITORING WELLS. If there are existing supply wells, surface water, or wetlands located within the areas projected to be impacted by a spill for a minimum distance 1,500 feet ! viii Final Draft 7/26/2016 downgradient of the facility, the Planning Board or the Town Board, as a condition of site plan approval or special permit issuance may require ongoing groundwater monitoring as follows: Installation and maintenance of a minimum of one groundwater monitoring/observation well in a direction upgradient from on-site activities and one groundwater monitoring/ observation well in a direction downgradient from on-site activities. In addition, at least one additional monitoring/observation well shall be installed and maintained in order to determine the water table or potentiometric surface gradient at the site. The specific location of these groundwater monitoring/observation wells shall be determined by a professional geologist as defined previously in this section. ! Required water quality sampling from monitoring wells will include a set of water quality samples taken before the use has been initiated to serve as a baseline. Subsequent sampling by the facility must occur after any releases of petroleum, chemicals and materials which may cause environmental damage are reported to the NYSDEC. At the time of notification to the NYSDEC, the facility must also report the release to the Town Code Enforcement Officer. ! At a minimum, the water quality samples are to be analyzed for: coliform bacteria, arsenic, lead, nitrate, nitrite, iron, manganese, sodium, pH, hardness, alkalinity, turbidity, and total dissolved solids. Additional tests for volatile organic compounds, chloride, metals, and/or other parameters will be specified by the Planning Board or Town Board depending upon the nature of the proposed use, material stored, and/or the site’s history. ! The owner of the property on which groundwater monitoring is required shall pay all costs and fees related to retention of qualified experts and water sampling. Access to monitoring wells and monitoring data shall be provided to the Town for purposes of inspecting and monitoring water quality sampling deemed as appropriate. ! The Code Enforcement Officer, or his or her designee, shall make regular inspections of the use to ascertain compliance with the rules and regulations set forth above. !! 5. COMPLIANCE WITH WATER WELL CONSTRUCTION REGULATIONS AND WELL CONTRACTOR REQUIREMENTS. Prior to issuance of a Certificate of Occupancy for a project for which a Building Permit was issued, where such project is related to the installation of a new well, the Code Enforcement Officer or his or her designee, shall verify the following information: ! a. The water well contractor that has completed the well(s) is registered with the New York State Department of Environmental Conservation (NYSDEC). ! ! ix Final Draft 7/26/2016 b. A copy of the well completion report(s) has been submitted to the Town, and also to the NYSDEC and the water well owner. ! c. The well installation is in compliance with the provisions of Appendix 5-B of the New York State Department of Health regulations (10 NYCRR Appendix 5-B) unless an applicable waiver or variance has been issued by the New York State Department of Health or Tompkins County Health Department. ! In making such verification, the Code Enforcement Officer or his/her designee may rely on information from the authorities having jurisdiction cited in 10 NYCRR Appendix 5-B. !! SECTION 5. CREATION OF AN AQUIFER HIGH VULNERABILITY (AHV) OVERLAY ZONE. ! Article IV, Section 400 of the Town of Danby Zoning Ordinance, entitled “ZONES,” as adopted by the Town Board of the Town of Danby on December 11, 1991 and as amended through June 10, 2013, be and hereby is amended by adding a new Subsection 7 that reads as follows: ! 7. Aquifer High Vulnerability (AHV) Overlay Zone. ! Article IV, Section 401 of the Town of Danby Zoning Ordinance, entitled “MAP,” is hereby amended by adding a new sentence at the end of this Section which reads as follows: ! The boundaries of the Aquifer High Vulnerability (AHV) Overlay Zone are established herein as delineated on a map entitled “Aquifer High Vulnerability (AHV) Overlay Zone Map, Town of Danby,” dated __________, and kept on file in the office of the Town Clerk. ! ARTICLE VI of the Town of Danby Zoning Ordinance, entitled “ZONE REGULATIONS” is hereby amended by adding a new Section 606 to read as follows: ! Section 606 –AQUIFER HIGH VULNERABILITY OVERLAY ZONE. The purpose and intent of establishing the Aquifer High Vulnerability (AHV) Overlay Zone is to preserve critical unconsolidated aquifer recharge areas as well as the wellhead protection areas for the West Danby Water District and other community water systems. ! 1. APPLICABILITY. ! a. The (AHV) Overlay Zone shall be considered as overlaying other zones as shown on the zoning map. ! x Final Draft 7/26/2016 b. Any uses not permitted in the underlying zone shall not be permitted in the (AHV) Overlay Zone. ! c. Any uses permitted in the underlying zone shall be permitted in the (AHV) Overlay Zone, except where the overlay zone prohibits the use or imposes greater or additional restrictions and requirements. ! d. In any cases where conflicts arise between these requirements and any other existing regulations, the more restrictive regulations shall apply. ! 2. OVERLAY ZONE BOUNDARIES. ! a. The (AHV) Overlay Zone boundaries are based upon: (1) the location of unconfined aquifers (including alluvial fan aquifers that also serve to recharge deeper confined aquifers) and unknown aquifer types in the report by the United States Geological Survey entitled “Hydrogeology and Water Quality of the Stratified-drift Aquifers in Upper Buttermilk Creek and Danby Creek Valleys, Town of Danby, Tompkins County, New York”; (2) the location of alluvial and kame deposits aquifers in the Cayuga Inlet and lower Michigan Creek valleys as mapped by the USGS in a report entitled “Unconsolidated Aquifers in Tompkins County, New York”; (3) the location of the stratified- drift aquifer boundary in the USGS report entitled “Hydrogeology of the stratified-drift aquifers in the Cayuta Creek and Catatonk Creek valleys in parts of Tompkins, Schuyler, Chemung, and Tioga Counties, New York”; (4) the delineation of the West Danby Water District wellhead protection area as detailed in a report entitled “Delineation of the West Danby Water District Wellhead Protection Area Using Volumetric Shape Methods” by New York Rural Water Association that is filed with the Town Clerk; and (5) 300-foot buffer distances around other community water system wells. ! 3. PROHIBITED USES AND ACTIVITIES IN AHV OVERLAY ZONE. The following uses and activities are specifically prohibited in the Aquifer High Vulnerability (AHV) Overlay Zone since by their nature they pose a higher threat to the quality or quantity of groundwater resources than other uses and activities: ! a. Airport and/or airport maintenance areas, including private airplane landing fields. ! b. Appliance or small engine repair shops ! c. Boat service, repair, and/or washing establishments ! xi Final Draft 7/26/2016 ! d. Car washes. ! e. Cemeteries or crematoriums. ! f. Chemical and/or biological testing laboratories ! g. Horticultural nurseries. ! h. Excavation of overburden and/or minerals from the earth for sale or exchange, or for commercial, industrial, or municipal use (except for the sale of incidental overburden and/or minerals from excavation related to construction as part of an agricultural or residential use). ! i. Funeral homes and mortuaries. ! j. Furniture strippers and/or refinishers ! k. Gasoline service stations or service and repair garages. ! l. Generation and/or storage of hazardous wastes except for that associated with residential or agricultural uses. ! m. Golf courses. ! n. Industrial establishments. ! o. Junkyard, salvage, or impoundment yards (including used motor vehicle parts and scrap/waste materials). ! p. Laundromats and dry cleaning facilities. ! q. Municipal or industrial sewage treatment facilities with disposal of primary or secondary treatment effluent. ! r. Personal service shops such as a barber shop, beauty parlor, or hairdresser. ! s. Pest control services or pesticide/herbicide stores. ! t. Pet cemeteries or crematoriums. ! u. Printers ! xii Final Draft 7/26/2016 ! v. Storage of petroleum except for on-site petroleum consumption. ! w. Installation of new or replacement underground storage facilities for petroleum or hazardous substances. ! x. Veterinary clinics, hospitals or animal kennels. ! 4. MAXIMUM IMPERVIOUS COVERAGE. ! a. Except as hereinafter provided, within the Aquifer High Vulnerability (AHV) Overlay Zone, the following table shall be used to determine the maximum percentage of a parcel that may be rendered impervious to infiltration: ! 1 Maximum site impervious coverage calculations shall include all impervious surfaces with a minimum area of over one hundred (100) square feet. ! b. Impervious coverage may only exceed the impervious surface percentages in the preceding table if a system of stormwater management and treatment is developed that results in the site’s post-development annual stormwater recharge volume to groundwater approximating the site’s pre-development annual groundwater recharge volume. Such a system should also: preserve hydrologic conditions that closely resemble pre-development conditions, maintain or replicate the predevelopment hydrologic functions of storage, infiltration, and groundwater recharge; prevent untreated discharges; reduce or prevent flooding by managing the peak discharges and volumes of runoff; minimize erosion and sedimentation; prevent degradation of water by reducing suspended solids and other pollutants; and provide increased protection of sensitive natural resources. SECTION 6. REVISIONS TO SITE PLAN REVIEW AND APPROVAL PROCEDURES (ARTICLE VIII). ! Subsection 2. of Section 800 - APPLICATIONS FOR REZONING shall be amended to read as follows: Note: new language that has been inserted is in italics. Lot Size (acres) Maximum % of Lot Covered By Impervious Surfaces ≥ 2 10 % 1 to 1.99 15 % 0.5 to 0.99 20 % <0.5 30 % ! xiii Final Draft 7/26/2016 ! 2. The applicant will submit a general site plan to the Planning Board which shall show (unless one or more items are waived by the Planning Board) property lines, including: metes and bounds; adjacent public streets; topography; size and location of existing or proposed structures including the percentage of impervious surfaces before and after proposed development; details regarding the storage, distribution, generation, use, and/ or treatment of any petroleum, hazardous wastes, hazardous or toxic substances, or radiological substances; projected average daily water demands; and the applicant shall submit such other plans and information and any other features deemed reasonably necessary by the Planning Board for adequate study of the proposed plan. The application shall also include any documentation required to comply with the New York State Environmental Quality Review Act. Whenever any site plan is required by the Town’s Stormwater Local Law to have any temporary or permanent Stormwater Management Practices or to submit any type of SWPPP, whether any waiver is granted or otherwise under such Stormwater Local Law, the site plan shall also show the location, size and function of all Stormwater Management Practices. Additionally, any owner or applicant shall also submit, prior to any consideration of a final approval for any site plan, a SWPPP that has been approved under the Stormwater Local Law and such Maintenance Agreements, management plans, Dedications, or other documents or things as may be requested or required by the Planning Board, including, but not limited to, information relating to compliance with the Stormwater Local Law and all information relating to any SPDES permits applied for, to be applied for, or already issued. ! Subsection 1. of Section 801 - SITE PLANS RELATED TO SPECIAL PERMITS shall be amended to read as follows: Note: new language that has been inserted is in italics. ! The site plan shall show (unless one or more items are waived by the Planning Board) property lines, including: metes and bounds; adjacent public streets; topography; size and location of existing or proposed structures including the percentage of impervious surfaces before and after proposed development; details regarding the storage, distribution, generation, use, and/or treatment of any petroleum, hazardous wastes, hazardous or toxic substances, or radiological substances; the projected average daily water demands; and such other plans and information and any other features deemed reasonably necessary by the Planning Board for adequate study of the proposed plan. ! Subsection 1, of Section 802, FINAL SITE PLAN APPROVAL AND MODIFICATIONS OF SITE PLANS, shall be amended to read as follows: Note: new language that has been inserted is in italics. ! After any Commercial Zone, Planned Development Zone, Mobile Home Park Zone, or any other special land use zone has been established by the Town Board, and/or whenever a specified development proposal or site or any changes in the general plan are proposed, ! xiv Final Draft 7/26/2016 or whenever a site plan is required by any other provision of this Ordinance, or whenever a change in the physical conditions of a site is proposed for such a zone that may have been created prior to there being a requirement for a site plan, a site plan for the proposed use must be submitted and approved by the Planning Board before a building permit may be issued. If the original site plan submitted in connection with the initial creation of the zone or the granting of the Special Permit was of sufficient detail and contained sufficient information as to constitute, in the Planning Board's discretion, a final site plan, such original site plan shall suffice, but only so long as there is demonstrated compliance with the Town’s Stormwater Local Law, including, but not limited to, the submission and approval of any SWPPP and the issuance of such permits or approvals required under such Stormwater Local Law. Otherwise, the applicant shall submit a detailed site plan (hereinafter referred to as ‘final site plan’) in accordance with this Ordinance. This final site plan shall show (unless one or more items are waived by the Planning Board) property lines, including: metes and bounds; adjacent public streets; topography; including existing and proposed contours; size and location of structures including the percentage of impervious surfaces before and after proposed development; area and location of parking; off-street loading and access drives; proposed signs and lighting; proposed landscaping; details regarding the storage, distribution, generation, use, and/or treatment of any petroleum, hazardous wastes, hazardous or toxic substances, or radiological substances; the projected average daily water demands; and any other features deemed reasonably necessary by the Planning Board for adequate study of the proposed plan. Such site plan shall also show the location, size and function of all Stormwater Management Practices. Additionally, any owner or applicant shall also submit, prior to the issuance of any final approval for any site plan (conditional or otherwise), a SWPPP that has been approved under the Stormwater Local Law and such Maintenance Agreements, management plans, Dedications, or other documents or things as may be requested or required by the Planning Board, including, but not limited to, information relating to compliance with the Stormwater Local Law and all information relating to any SPDES permits applied for, to be applied for, or already issued. ! Section 805 - GENERAL CONSIDERATIONS, shall be amended to include the following additional item: ! 13. Compliance with the Town’s Groundwater Protection Local Law and consideration of the effect of the proposed use on the quality and quantity of available groundwater resources, surface water, and wetlands at and beyond the boundaries of the proposed use. ! SECTION 7. WAIVERS AND VARIANCES ! A. Where the Town or its reviewing officer or board (including the Planning Board and the Town Board) finds that due to the special circumstances of a particular application or case a waiver of certain procedural requirements or processes mandated by or specified in ! xv Final Draft 7/26/2016 this Local Law is justified, a waiver may be granted to exempt such applicant from all or some aspects of such procedural requirement or process, but in all cases no waiver shall be granted unless the Town Board or the Planning Board review and approve such waiver and expressly find and record in their respective minutes that each of the following standards has been strictly met: (i) granting the waiver would be keeping with the intent and spirit of this Local Law and is in the best interests of the Town; (ii) there is no adverse effect upon the character, appearance, or welfare of any neighborhood; (iii) there is no adverse effect upon the environment or any significant ecological feature (such as wetlands, intermittent streams, aquifers, mapped significant natural communities, etc.); (iii) there are special circumstances involved in the particular case or application; (iv) denying the waiver would result in undue hardship, provided that such hardship has not been self-created or self-imposed; and (v) the waiver is the minimum necessary degree of variation from the requirements of this Local Law so as to reasonably reduce, alleviate, or mitigate such undue hardship. ! B. Where the Town or its reviewing Board (the Planning Board or the Town Board) finds that due to the special circumstances of a particular land area of the town (or related topographical or environmental feature) the provision of certain required land or capital improvements, modifications, or appurtenances (all severally hereafter, “Infrastructure”) is required by this Local Law but not strictly necessary or in the interest of public health, safety, and the general welfare, or is inappropriate due to the inadequacy or lack of existing or proposed connecting facilities, or imposes a burden wholly disproportional to the proposed land use or potential harm, the Town may then reduce the size, construction, parameters, or required reporting or maintenance obligations to reduce the regulatory burden or cost of or for such Infrastructure, or wholly or partially waive such Infrastructure requirements, subject to such appropriate conditions as the Town may wish to impose. This subclause B shall be strictly construed and all waivers pertaining to Infrastructure shall be considered and approved only when: (i) a substantial hardship is shown that has not been self-created or self-imposed; (ii) such hardship arises or arose due to factors beyond the reasonable control of the applicant and the costs of Infrastructure, as to installation or future maintenance and related obligations is disproportional to the nature and cost of the project and its impacts as to be unfair; and (iii) any Infrastructure waiver is the minimum necessary degree of variation from the requirements of this Local Law so as to reasonably reduce, alleviate, or mitigate such undue hardship or to enhance and promote basic rules of proportionality and fairness. ! C. All variances shall be exclusively within the jurisdiction of the Zoning Board of Appeals and nothing in this Local Law is intended to supersede, abridge, or vary the requirements of Town Law §§ 267, 267-a and 267-b. ! D. No waiver or variance shall create or purport to allow any land use prohibited by Town zoning, any local laws, and any laws or regulations of any superior sovereign. Further, no ! xvi Final Draft 7/26/2016 waiver shall exempt or alter the requirements of SEQRA or the Town’s stormwater laws and requirements, including the obligation to prepare SWPPPs and obtain and abide by conditions listed in any NPDES or SPDES permits. SECTION 8: ADDITIONAL DEFINITIONS. ! The following definitional terms are added to Appendix I, entitled “Definitions,” of the Town of Danby Zoning Ordinance, and these terms shall have the meanings shown: ! AGRONOMIC RATE - The rate of nitrogen addition designed to provide the amount of nitrogen needed by the crop or vegetation grown on the land, and to minimize the amount of nitrogen that passes below the root zone of the crop or vegetation grown on the land to groundwater. ! ANIMAL FEEDING OPERATION - A lot or facility (other than an aquatic animal production facility) where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and the animal confinement areas do not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. ! AQUIFER - A consolidated or unconsolidated geologic formation, group of formations, or part of a formation capable of yielding usable amounts of groundwater to wells, springs, or infiltration galleries. ! AQUIFER HIGH VULNERABILITY (AHV) OVERLAY ZONE – Areas where the likelihood for introduced contaminants or high-volume water withdrawals to impact groundwater supply resources is enhanced due to the proximity of community water system wells and/or the unconfined nature of stratified-drift aquifers. The AHV Overlay Zone includes areas where: (1) local stratified-drift aquifers are replenished through infiltration of precipitation and snowmelt or through seepage loses from upland tributary streams; and (2) introduced contaminants are reasonably likely to move toward and reach the water well supplying the West Danby Water District and other community water system wells (wellhead protection areas). ! AREA OF INFLUENCE - The geographic area where an aquifer’s potentiometric surface is lowered due to influence of a groundwater withdrawal. ! BOTTLED WATER - Any product, including natural spring or well water taken from municipal or private utility systems or other water, distilled water, de-ionized water or any of the foregoing to which chemicals may be added, which are put into sealed bottles, packages or other containers, to be sold for domestic consumption or culinary use, involving a likelihood of such water being ingested by human beings. ! ! xvii Final Draft 7/26/2016 BULK WATER - Water intended for drinking water that is transported by tank trucks or water not intended for drinking or agriculture that is transported by tank trucks, tank trailers, railroad tank cars, or off-site pipelines. ! CEMETERY – Land, place, structure, facility or building for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium, or other receptacle. ! COMMUNITY WATER SYSTEM - Any entity that exists on or after the effective date of this of this Local Law [add date when known] that provides water to the public for human consumption through pipes or other constructed conveyances and serves the same people year-round. ! CONCENTRATED ANIMAL FEEDING OPERATION (CAFO) - An animal feeding operation that would be required to obtain a State Pollution Discharge Elimination System (SPDES) General Permit based upon the numbers and types of animals or would be required to obtain an individual SPDES permit based upon its discharge of wastes to surface water or due to other factors determined by the New York State Department of Environmental Conservation. ! CONFINED AQUIFER - An aquifer saturated with water and bounded above and below by material having a distinctly lower permeability than the aquifer itself. ! CREMATORY - A facility or portion of a building in which the remains of deceased animals, including human beings are processed by cremation. ! DEICING COMPOUNDS - Any bulk quantities of chloride compounds and/or other deicing compounds (e.g., urea or calcium magnesium acetate) intended for application to exterior surfaces, including mixtures of sand and chloride compounds in any proportion where the chloride compounds constitute over eight percent of the mixture. Bulk quantity of deicing compounds means any quantity, but does not include any chloride compounds in a solid form which are packaged in waterproof bags or containers which do not exceed one hundred pounds each. ! DISPOSAL - Discarding by abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing by any other means of any solid waste, petroleum, radioactive material, hazardous substance, hazardous waste, or wastewater into or onto land or a surface water body. ! FERTILIZERS - Any mixture generally containing phosphorus, nitrogen, and potassium which is applied to the ground to increase nutrients to plants. ! ! xviii Final Draft 7/26/2016 GROUNDWATER - Water below the land surface in a saturated zone of soil or rock. This includes perched water separated from the main body of groundwater by an unsaturated zone. ! HAZARDOUS SUBSTANCE - Any substance listed as a hazardous substance in 6 NYCRR Part 597, Hazardous Substance List, or a mixture thereof. In general, a hazardous substance means any substance which: (1) because of its quantity, concentration, or physical, chemical, or infectious characteristics poses a significant hazard to human health or safety if improperly treated, stored, transported, disposed of, or otherwise managed; (2) poses a present or potential hazard to the environment when improperly treated, stored, transported, disposed of, or otherwise managed; (3) because of its toxicity or concentration within biological chains, presents a demonstrated threat to biological life cycles when released into the environment. ! HAZARDOUS WASTE – Any solid waste, defined or listed as a hazardous waste in 6 NYCRR Part 371. ! HERBICIDE - Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any plant, being those substances defined as herbicides pursuant to New York State’s Environmental Conservation Law (hereafter, “ECL”) Section 33-0101. ! IMPERVIOUS SURFACE - Any man-made material, such as pavement used in parking lots or driveways or any building or other structure on a lot, that does not allow surface water to penetrate into the soil. ! MANURE - Shall mean animal feces and urine. ! MEDICAL WASTE - A solid waste generated in the diagnosis, treatment (e.g., provision of medical services), or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biological products. ! MINERAL - Any naturally formed, usually inorganic, solid material located on or below the surface of the earth including but not limited to architectural stone, gem stones, limestone, granite, ore, bluestone, gravel and sand. Peat and topsoil are also considered to be minerals. ! NONTRANSIENT NONCOMMUNITY WATER SYSTEM - A public water system that is not a community water system but one that regularly serves at least 25 of the same people, four hours or more per day, for four or more days per week, for 26 or more weeks per year. ! ! xix Final Draft 7/26/2016 ON-SITE PETROLEUM CONSUMPTION - The use of petroleum to heat or cool a residential or non-residential structure or to operate machinery necessary for agricultural uses and activities or the safe provision of drinking water for public water systems. On- site consumption does not include the on-site use of petroleum for processing or manufacturing activities or the sale or distribution of petroleum for or into vehicles, except vehicles used for agricultural uses and operations on that site. ! OPEN-LOOP SYSTEM - A geothermal heating and cooling system that withdraws water from an extraction well or body of water, passes the water through a heat exchange system, and discharges the temperature-altered water either into the ground in a discharge or return well or to the ground surface or into surface water. ! OVERBURDEN - All of the earth, vegetation and other materials which lie above or alongside a mineral deposit. ! PESTICIDE - Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant, being those substances refined as pesticides pursuant to ECL Section 33-0101 et seq. ! PET CEMETERY - Land, place, structure, facility or building provided by any person for a fee, whether or not for profit, to veterinarians or members of the general public for use, or reservation for use, for the permanent interment or inurnment above or below ground of pet remains. ! PETROLEUM - Any petroleum-based oil of any kind which is liquid at 20 degrees Celsius under atmospheric pressure and has been refined, re-refined, or otherwise processed for the purpose of: 1) being burned to produce heat or energy; 2) as a motor fuel or lubricant; or 3) in the operation of hydraulic equipment. ! POTENTIOMETRIC SURFACE - A surface representing the hydraulic head of ground water in a particular aquifer. For an unconfined aquifer, it is represented by the water- table. For a confined or bedrock aquifer, it is the altitude to which water will rise in a properly constructed well. ! PRIMARY TREATMENT - Consists primarily of physical processes (settling or skimming) that remove a significant percentage of the organic and inorganic solids from wastewater. ! PROCESS WASTE - Any waste generated by industrial, commercial, or mining operations that by virtue of some use, process, or procedure no longer meets the manufacturer’s original product specifications. ! xx Final Draft 7/26/2016 ! RADIOACTIVE MATERIAL - Any material in any form that emits radiation spontaneously. ! SECONDARY TREATMENT -Depends on biological action to remove fine suspended solids, dispersed solids, and dissolved organics from wastewater by volatilization, biodegradation, and incorporation into sludge. ! SEPTAGE - The contents of a septic tank, cesspool, or other individual wastewater treatment work which receives domestic sewage wastes. ! SEWAGE - The combination of human and household waste with water which is discharged to the home plumbing system. ! SLUDGE - The solid, semi-solid, or liquid waste generated from a waste processing facility, but does not include the liquid stream of effluent. ! SOLID WASTE - All putrescible and non-putrescible materials or substances that are discarded, abandoned, or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal, except where exempt from compliance with 6 NYCRR Part 360 as described in 6 NYCRR §360-1.2(a)(4). ! STORMWATER - Rainwater, surface runoff, snowmelt, ice-melt, drainage, and related naturally occurring surface water and accumulation(s). ! STRATIFIED-DRIFT AQUIFER – Bodies of sorted and layered unconsolidated material largely deposited by or in glacial meltwater. ! TOXIC SUBSTANCE - Any chemical or mixture that may be harmful to the environment and to human health if inhaled, swallowed, or absorbed through the skin. Toxic substances are listed in the National Institute for Occupational Safety and Health Registry of Toxic Effects of Chemical Substances. This registry can be found online at: http:// www.cdc.gov/niosh/docs/97-119/pdfs/97-119.pdf. ! UNCONFINED AQUIFER – An aquifer only partly filled with water. In such aquifers, the water table or upper surface of the saturated zone is at atmospheric pressure and is free to rise and fall. ! ! xxi Final Draft 7/26/2016 WASTEWATER - Water (except stormwater) that is contaminated with pollutants and is or will be discarded. ! WELLHEAD PROTECTION AREA – The surface and subsurface area surrounding a well through which contaminants are reasonably likely to move toward and reach the water well. ! SECTION 9: SEVERABILITY. ! If any clause or provision of this Local Law shall be held invalid or unenforceable by a court or tribunal of competent jurisdiction, such holding shall not affect or invalidate the remainder of this Local Law and any such invalidity or unenforceability shall be confined in its operation to the clause or provision directly involved in the controversy in which such holding shall have been rendered. ! SECTION 10: EFFECTIVE DATE. ! This Local Law shall take effect immediately, and the Town Clerk is directed to immediately file a copy of this Local Law with the Secretary of State of the State of New York as required by law. ! xxii