HomeMy WebLinkAbout2016 Local Law #2, Groundwater ProtectFinal 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 !!!
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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). !
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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.
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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
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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
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(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.
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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. !
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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 !
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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. !
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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. !
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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
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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). !
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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.
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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
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!
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
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!
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 %
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!
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,
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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
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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
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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. !
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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. !
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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. !
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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.
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!
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. !
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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.
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