HomeMy WebLinkAbout2022 - Local Law No. 1 of 2022 - Amend Zoning Code to Further Safeguard Wellhead Protection Areas1
TOWN OF CORTLANDVILLE
TOWN BOARD MEETING – FEBRUARY 16, 2022
FILED WITH THE STATE EFFECTIVE MARCH 3, 2022
RESOLUTION #64 ADOPT LOCAL LAW NO. 1 OF 2022, “A LOCAL LAW TO
AMEND THE ZONING CODE TO FURTHER SAFEGUARD
THE EXISTING WELLHEAD PROTECTION AREAS WITHIN
THE TOWN OF CORTLANDVILLE’S AQUIFER PROTECTION
DISTRICT AND OTHER RELATED AMENDMENTS”
Motion by Councilman Guido
Seconded by Councilman Testa
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Guido Aye
Councilman Leach Aye
Councilman Testa Aye
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a
public hearing to be held by said Board to hear all interested parties on a proposed Local Law
amending the Zoning Ordinance and Map of the Town of Cortlandville titled, “A Local Law to
Amend the Zoning Code to Further Safeguard the Existing Wellhead Protection Areas Within the
Town of Cortlandville’s Aquifer Protection District and Other Related Amendments”, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official
newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577
Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof,
and
WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law it has been
determined by the said Town Board that adoption of said proposed Local Law would not have a
significant effect upon the environment and could be processed by their applicable governmental
agencies without further regard to SEQRA, and
WHEREAS, the Town Board issued a Negative Declaration under SEQRA and adopted the form
of the Notice of Determination of Non-Significance, and
WHEREAS, the proposed Local Law was forwarded to the Town and County Planning Boards for
review and recommendations, and
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WHEREAS, the Cortland County Planning Board recommended approval of the proposed Local
Law with conditions, which were complied with and incorporated into the proposed Local Law,
and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law
as Local Law No. 1 of 2022, “A Local Law to Amend the Zoning Code to Further Safeguard the
Existing Wellhead Protection Areas Within the Town of Cortlandville’s Aquifer Protection
District and Other Related Amendments”, a copy of which is attached hereto and made a part
hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and
in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said
Local Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S
ZONING CODE TO FURTHER SAFEGUARD THE EXISTING WELLHEAD
PROTECTION AREAS LOCATED WITHIN THE TOWN OF CORTLANDVILLE’S
AQUIFER PROTECTION DISTRICT
BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows:
SECTION 1. TITLE.
This Local Law shall be known as the “A Local Law to Amend the Zoning Code to Further
Safeguard the Existing Wellhead Protection Areas Within the Town of Cortlandville’s Aquifer
Protection District and Other Related Amendments.”
SECTION 2. STATUTORY AUTHORITY.
This Local Law is intended to be consistent with and is enacted by the Town Board of the
Town of Cortlandville pursuant to its authority to adopt laws under the New York State
Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law.
It is intended and is hereby declared to address matters of local concern only and is intended to act
in furtherance of the Town’s authority with respect to existing zoning and land use laws and its
police powers, related to the planning and physical use of real property within the Town.
This Local Law is intended to replace, modify and/or supplement identified provisions of
the “1985 Zoning Local Law of the Town of Cortlandville, Cortland County, New York”.
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SECTION 3. PURPOSE AND INTENT.
The Town Board finds that it is in the best interest of the Town of Cortlandville to enact
additional protective measures within Chapter 178 of the Town Code entitled “Zoning”, in order
to further safeguard the Town’s drinking water supply wells, and wher e applicable, the City of
Cortland’s public water supply because certain Wellhead Protection Areas within the Town are
located within the contributing area to the City’s Public Wells immediately adjacent to the Town.
As such, the Local Law is intended to protect the health and welfare of the citizens of the Town
and the public generally, and to reorganize, enact additions and amendments to various provisions
in the Code to best effect those safeguards in a manner that the Board believes is legally
sustainable. Figures depicting the Wellhead Protection Areas are appended as Exhibit A.
SECTION 4. ADDITIONS, DELETIONS AND MODIFICATIONS TO PART II OF
GENERAL LEGISLATION OF THE TOWN OF CORTLANDVILLE CODE, PART II,
CHAPTER 178 – ZONING.
1. The following definitions are hereby added to Section 178-2 of Article I entitled:
“Definitions”:
“Mine”
Any excavation from which a mineral is to be produced for sale or exchange, or for
commercial, industrial or municipal use; all haulageways and all equipment above, on or
below the surface of the ground used in connection with such excavation, and all lands
included in the life of the mine as identified in any permit issued by the New York State
Department of Environmental Conservation.
“Mining”
The extraction of overburden and minerals from the earth; the preparation and processing
of minerals, including any activities or processes or parts thereof for the extraction or
removal of minerals from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine location so as to make
them suitable for commercial, industrial, or construction use; exclusive of manufacturing
processes, at the mine location; the removal of such materials through sale or exchange, or
for commercial, industrial or municipal use; and the disposition of overburden, tailings and
waste at the mine location. "Mining" shall not include the excavation, removal and
disposition of minerals from construction projects, exclusive of the creation of water
bodies, or excavations in aid of agricultural activities.
“NYSDEC”
New York State Department of Environmental Conservation.
“Public Wells”
Municipal or public drinking water supply wells.
“Wellhead Protection Area”
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The surface and subsurface area surrounding a drinking water well, supplying a public
water system, through which contaminants are reasonably likely to pass before reaching
such well or group of wells, as designated pursuant to New York’s Wellhead Protection
Program. Wellhead Protection Areas are located within Wellhead Protection Area Districts
which overlay other districts within the Town. While Wellhead Protection Areas are
generally located with the Town’s Aquifer Protection District, they contain separate
requirements than the Aquifer Protection District because land uses within Wellhead
Protection Areas in the Town provide a more immediate threat to Public Wells.
2. The title of Article IA is changed to “Wellhead Protection Area District”.
3. Existing § 178-2.1 is hereby replaced with the following provision:
Statement of Intent.
The purpose and intent of the Wellhead Protection Area District is to preserve the quality
and quantity of limited drinking water resources to ensure a safe and plentiful public
drinking water supply. This is accomplished through the establishment of an overlay
district that is coterminous with the Wellhead Protection Areas and Wellhead Protection
Zones within such Wellhead Protection Areas identified in § 178-2.3. This overlay district
contains regulatory prohibitions and procedures governing land uses within the Wellhead
Protections Areas which are in the Town. Such Wellhead Protection Areas correspond to
the Town’s own Public Wells and the City of Cortland’s Public Wells located immediately
adjacent to the Town.
4. Add the following as new § 178-2.2:
§ 178-2.2 Scope and authority.
The Wellhead Protection Area District shall be considered as overlying other zoning
districts. Any uses permitted in the portion of the districts so overlaid shall be permitted
subject to all the provisions of this district, unless prohibited by this district. In the event
of any conflict between these Wellhead Protection Area District regulations and any other
existing regulations, the more restrictive regulations shall apply.
5. Add the following as new § 178-2.3:
§ 178-2.3 Establishment of Wellhead Protection Areas and Wellhead Protection
Zones.
A. The Town of Cortlandville operates three public drinking water supply wells within the
Otter-Dry Creek Aquifer which supply drinking water to the residents of the Town.
Two of the Town’s Public Wells are located adjacent to Lime Hollow Road (the “Lime
Hollow Wells”) and one well is Adjacent to Terrace Road (the “Terrace Road Well ”).
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Additionally, the City of Cortland operates Public Wells within the City limits, that are
located immediately adjacent to its boundary with the Town.
B. “Wellhead Protection Areas” and “Wellhead Protection Zones” in the Town of
Cortlandville which correspond to the Town of Cortlandville’s Public Wells and the
City of Cortland’s Public Wells have been designated by the Cortland County Soil and
Water Conservation District with the assistance of the Cortland County Health
Department and the United States Geological Survey, in accordance with applicable
federal and state laws, rules and policy to protect public drinking water supply wells.
These Wellhead Protection Areas were identified in a report entitled: “FINAL
Delineation of Wellhead Protection Areas”, dated May 2002 and each Wellhead
Protection Area is divided into three separate sub-areas known as “Wellhead Protection
Zones”. The Wellhead Protection Areas and Wellhead Protection Zones within such
Wellhead Protection Areas in the Town that were designated by the County Soil and
Water Conservation District have been adopted by the Town of Cortlandville to
facilitate protection of public drinking water systems through the Wellhead Protection
Area District.
C. Wellhead Protection Zones within the Wellhead Protection Area District are described
as follows and are depicted in the Wellhead Protection District Map described in § 178-
4:
(1) Zone 1A. Zone 1A includes those land areas within the Town located directly
over the aquifer and immediately surrounding each Public Well. It covers those
areas within which groundwater is estimated to take approximately two years
or less to reach the corresponding well.
(2) Zone 1B. Zone 1B includes those land areas within the Town located directly
over the aquifer but outside of Zone 1A, within which groundwater is estimated
to take approximately five years or less to reach the corresponding well.
(3) Zone 2. Zone 2 is also known as the “Watershed Recharge Area” for each well.
It includes those land areas within the Town that contribute water to the
corresponding Public Well. It can include portions of the aquifer that contribute
flow to the supply well and can also include upland areas, outside of the aquifer
boundary. It is essentially the drainage area to Zones 1A and 1B.
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D. Prohibited Uses and Activities. The following uses and activities and expansions of
any such existing uses and activities, except as allowed herein, are prohibited within
Wellhead Protection Zone 1A regardless of whether such use or activity is an
allowable use within the underlying Zoning District that is overlain by that zone:
(1) The discharge, land application or disposal of any hazardous material, toxic
substance, or radioactive material (as defined by any applicable state or federal
law).
(2) The production or processing of bulk quantities of any hazardous material or
toxic substance (as defined by any applicable state or federal law).
(3) The open storage of pesticides, herbicides, or fungicides (as defined by any
applicable state or federal law).
(4) The dumping or disposing of snow or ice collected off-site from roadways or
parking areas.
(5) The open or bulk storage of coal or chloride salts.
(6) Any form of underground injection of hazardous materials or toxic substances
(as defined under any applicable state or federal law).
(7) Gas stations, solid waste disposal facilities and junkyards.
(8) Any activities associated with industrial development as per Section 178-77 of
Article XIV (Conditional Permit) of the Cortlandville Town Code.
(9) The use of septic system additives and cleaners which contain toxic substances
or hazardous materials (as defined by applicable state or federal law).
(10) The disposal of toxic substances or hazardous materials (as defined under
applicable state or federal law) by means of discharge to a septic system.
(11) All new Mines and all forms of Mining are prohibited within Wellhead
Protection Zone 1A, except that existing Mines in such areas may continue to
operate if previously permitted, and may expand laterally within the existing
property, but may not expand into and below the water table in Wellhead
Protection Zone 1A unless such expansion or operation below the water table
was previously permitted by the NYSDEC prior to the enactment of this
provision.
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E. The uses identified in subparagraph D above are not prohibited within Wellhead
Protection Zone 1B or Zone 2, unless such uses are not authorized in or are otherwise
prohibited in the underlying zoning district, but new Mines and Mining may not be
undertaken or expanded if located within the Aquifer Protection District without a
Special Permit issued pursuant to § 178-46.
6. Renumber existing § 178-2.2 as § 178-2.4.
7. Add new § 178-3 K.: Wellhead Protection Area District.
8. § 178-4 entitled: “Zoning Map” is hereby amended to read as follows:
The boundaries of the districts are established as shown on the map entitled “Zoning Map”
in this chapter, except that the Aquifer Protection District is set forth on the Aquifer
Protection District Map filed with the Town of Cortlandville, and the Wellhead Protection
Zones are set forth on the Wellhead Protection District Map filed with the Town of
Cortlandville. Reference is also made to § 178-80 B of this chapter herein concerning the
filed plan and maps for flood hazard areas. The Zoning Map, the Aquifer Protection
District Map and the Wellhead Protection District Map, including any explanatory material
on each, are made a part of this chapter. The Town Clerk shall certify each of the maps as
part of this chapter and keep them on file in the clerk’s office. Any change to district
boundaries or other information depicted in the maps shall be made on the certified Zoning
Map, Aquifer Protection District Map and the Wellhead Protection District Map. The local
law making any change shall provide for its entry upon the corresponding map.
9. § 178-45 B (3) is replaced with the following:
(3) No Mine of any kind is a permitted use within the Aquifer Protection District, except
sand and gravel Mines that are located within an underlying Agricultural District provided
they are not located within Wellhead Protection Zone 1A. Mines are a special permitted
use in Wellhead Protection Zone 1B or Zone 2 in Agricultural Districts that are overlayed
by the Aquifer Protection District.
10. Add new § 178-15 F to Uses subject to conditional permit in an Agricultural District:
F. Sand and Gravel Mines, unless located within Wellhead Protection Zone 1A.
11. Add new § 178-34 B.:
B. Mines of any type.
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12. Add new § 178-36.5 B.:
B. Mines of any type.
13. Add new § 178-36.12 B.:
B. Mines of any type.
14. Add new § 178-40.2 C.:
C. Mines of any type.
15. Delete § 178-40.4 A. (7) and renumber former § 178-40.4 A. (8), (9) and (10) as (7), (8)
and (9).
16. Add new § 178-40.6 C.:
C. Mines of any type.
17. Replace § 178-116 with the following:
§ 178-116 Mines and Mining.
A. New Mines. All new Mines and Mining operations within the Town shall be permitted
only within Agricultural Districts. To the extent any such proposed new Mine in an
Agricultural District is also located within an Aquifer Protection District or Zone 1B
or Zone 2 of a Wellhead Protection Area District, they shall be subject to the Special
Permit requirements in § 178-46. New Mines located within Zone 1A of the Wellhead
Protection Area District are prohibited in accordance with § 178-2.3.
B. Existing Mines. Existing Mines located within Zone 1A of a Wellhead Protection Area
District may expand only in accordance with § 178-2.3. D (11). Existing Mines not
located within Zone 1A of a Wellhead Protection Area District must be either permitted
by NYSDEC or exempt by State law from such permit requirements.
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C. Requirements For Exempt Mines. All new and existing Mines located within an
Agricultural District, but which are not located in either Zone 1A of the Wellhead
Protection Area District or the Aquifer Protection District, and which are exempt from
NYSDEC permitting requirements, must comply with the following requirements:
18. Renumber existing § 178-116 A. through J. as § 178-116 C. (1) through (10).
SECTION 5. STATE ENVIRONMENTAL QUALITY REVIEW ACT.
This Local Law is classified a Type I action pursuant to 6 NYCRR § 617.4 (b) (2) under
the State Environmental Quality Review Act.
SECTION 6. SEVERABILITY.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder hereof, but shall be confined in operation to the clause, sentence,
paragraph, section or part hereof directly involved in the controversy in which such determination
shall have been rendered.
SECTION 7. EFFECTIVE DATE.
This Local Law shall become effective ten (10) days after being filed by the Secretary of
State.
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