[Added 11-2-2009 by L.L. No. 1-2009]
The purpose and intent of this article is to establish, protect, preserve, and promote the safe use of the existing and potential groundwater supply from developmental or land use practices that may adversely affect the quality or availability of water from the Town wells; to protect and preserve potential sources of future water supply for the public health, safety and general welfare; and to assure an adequate supply of suitable drinking water for the residents of the Town. This article shall not be used to discourage responsible operation, expansion, and/or establishment of any business, farm or home.
For the purposes of this article only, the following words shall be interpreted and defined as follows:
- ABOVEGROUND STORAGE
- Storage within a tank or other container whose volume is more than 90% above final ground elevation.
- AGRICULTURAL ASSOCIATED ANIMAL WASTE
- Manure obtained from agricultural industries.
- The water-saturated subsurface geologic formations which can yield amounts of water to wells or springs and which now or subsequently may be developed for use as a public water supply source.
- BEST MANAGEMENT PRACTICES
- Those methods and practices for the control, storage, handling and use of chloride salt, herbicides, pesticides, fertilizers and other toxic substances which are developed and adopted by the Town, the NYS Department of Environmental Conservation, NYS Department of Transportation, and the NYS Department of Health.
- CHLORIDE SALT
- The solid compounds or solutions of potassium chloride (commonly used as fertilizer), calcium chloride (commonly used for road maintenance during the winter), or sodium chloride (commonly used for water softener regenerations).
- Any existing or proposed man-made structure or activity on or to improved or unimproved real estate, including, but not limited to, the construction or reconstruction of buildings and/or structures, excavation, dredging, filling, and/or grading of land.
- ENVIRONMENTAL IMPACT STATEMENT
- A written evaluation prepared by a permit applicant which provides a description of a proposed project or development and a detailed analysis of the magnitude and significance of its environmental affects, as defined in 6 NYCRR Part 617.
- Any commercially produced mixture generally containing phosphorus, nitrogen and potassium or a combination of two of these elements or a singular one for the same general purpose, i.e., intended for application to the ground or plants directly to increase nutrients to plants. This includes natural and artificially produced fertilizers.
- Any water beneath the land surface in the saturated zone that is under atmospheric or artesian pressure and that enters wells and springs.
- 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:
- A. 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;
- B. Poses a present or potential hazard to the environment when improperly treated, stored, transported, disposed of, or otherwise managed;
- C. 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 waste, or combination of wastes, which are identified or listed as hazardous pursuant to 6 NYCRR Part 371, Identification and Listing of Hazardous Wastes. Hazardous wastes include but are not limited to petroleum products, organic chemical solvents, heavy metal sludges, acids with a pH less than or equal to 2.0, alkalines with a pH greater than or equal to 12.5, radioactive substances, pathological or infectious wastes, or any material exhibiting the characteristics of ignitability, corrosivity, reactivity, or fails the Toxicity Characteristic Leaching Procedure (TCLP).
- Any substance that by chemical reaction inhibits or destroys plants. Use of herbicides includes actual use and not simply intended use per the manufacturer.
- HUMAN EXCRETA
- Human feces and urine.
- HYDROGEOLOGIC CHARACTERISTICS
- The characteristics that describe the hydrology and the geology at a given site. This includes but is not limited by the type, permeability, capability and origin of the surface and subsurface soil material; depth, rate of recharge, direction of flow and yield of groundwater; and depth to bedrock.
- Animal feces and urine, including commercially dehydrated or partially dehydrated manure.
- MUNICIPAL USE
- Any lawful use or development of land undertaken by the Town of Collins.
- NONAGRICULTURAL ASSOCIATED ANIMAL WASTE
- Manure obtained from nonagricultural industries (i.e., kennel wastes).
- Any substance used to destroy or inhibit the growth of pests, such as rodents and insects.
- Any petroleum-based oil of any kind which is liquid at 20° C. under atmospheric pressure and has been refined, rerefined, or otherwise processed for the purpose of:
- Ionizing radiation, i.e., any alpha particle, beta particle, gamma ray, x-ray, neutron, high-speed proton, and any other atomic particle producing ionization, but does not include any sound or radio wave, or visible infrared or ultraviolet light.
- RADIOACTIVE MATERIAL
- Any material that emits radiation.
- RESPONSIBLE OPERATION, EXPANSION, AND/OR ESTABLISHMENT
- An operation following EPA, CAFO and AFO regulations, in regards to animal agriculture and following state/local government regulation/requirements in regards to home building and business operation/expansion/establishment.
- All putrescible and nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleaning, dead animals, offal and solid commercial and industrial wastes.
- Any liquid or solid waste matter from a domestic, commercial, private or industrial establishment which is normally carried off in sewers or waste pipes.
- SEWAGE DISPOSAL SYSTEM
- Any system used for disposing of sewage, including treatment work.
- Any solid, semisolid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment, or air pollution control facility. Sludge does not include the treated effluent from a wastewater treatment plant.
- SOLID WASTE
- All putrescible and nonputrescible 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 vehicles and offal.
- SPECIAL PERMIT
- The temporary, final and new operation permits issued by the Town Board or its duly appointed representatives pursuant to compliance with this article.
- STORAGE OF HAZARDOUS SUBSTANCES
- The storage of virgin or waste chemical hazardous substances, including petroleum products above or below the surface of the ground, except that which is stored in the operating tank of a currently registered motor vehicle, or that which is stored in quantities of five gallons or five pounds dry bulk or less and held for lawful domestic use on the premises where it is stored.
- STORMWATER RUNOFF
- The natural and existing flow of overland runoff and excess water.
- SURFACE WATER BODY
- Those water bodies which are identified as drainage features (perennial stream or river, intermittent stream, canals, ditches, etc.), lakes, ponds, reservoirs, springs, or wetlands on United States Geological Survey or New York State Department of Transportation 7.5-minute topographic maps, United States Department of Agriculture soil survey maps or wetland maps by the New York State Department of Environmental Conservation.
- The Town of Collins, New York.
- TOWN BOARD
- The Board of the Town of Collins, New York.
- TOWN PLANNING BOARD
- The duly established Planning Board of the Town of Collins, New York.
- TREATMENT WORKS
- Any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, construction drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary land fill, or other works not specifically mentioned in this definition, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.
- UNDERGROUND STORAGE
- Storage within a tank or other container whose volume is 10% or more beneath the surface of the ground.
- The failure to comply with or conform to the provisions of this article.
- Any well now used as a source of the Town's water supply as regulated pursuant to Public Health Law § 1100, and Title 10 (Department of Health), § 113.6, of the Official Compilation of Codes, Rules, and Regulations of the State of New York, or any additional well which may be constructed within the district established by this article and used as a source of the Town's water supply.
- WELLHEAD PROTECTION OVERLAY DISTRICT (WPOD)
- That portion of the Town designated in § 305-32 of this article as being within the Town Wellhead Protection Overlay District and delineated upon the Town Wellhead Overlay District Map, a copy of which is attached hereto and made a part of hereof.
Editor's Note: Said map is on file in the Town offices.
A Wellhead Protection Overlay District (WPOD) as delineated in § 305-32 is hereby created and shall be considered as overlaying all other zoning districts within the Town. Any uses permitted in the districts so overlaid shall be permitted only subject to all of the provisions of this article. In any case where conflicts arise between the Wellhead Protection Overlay District regulations and any other existing regulations, the more restrictive regulations shall apply.
The following uses are permitted within the Wellhead Protection Overlay District, provided that all necessary permits, orders or approvals as required by the Town, County of Erie and the State of New York and the United States of America shall have been obtained:
All uses currently permitted under this chapter for the district in which the premises are situated are permitted in the Wellhead Protection Overlay District subject to the provisions of this article.
The lawful use of any building or the use of land existing at the time of the adoption of this article may be continued, although such use or building may not conform to the provisions of this article. A nonconforming use, however, may not be changed to a more intensive nonconforming use, nor shall a conforming use be changed to a nonconforming use. Any nonconforming use when changed to a conforming use shall not thereafter be changed back to a nonconforming use. A nonconforming use, building or structure shall not be enlarged, altered, or extended or operated in any way which increases its threat to groundwater quality or otherwise contravenes the purpose and intent of this article.
Whenever a nonconforming use has ceased for a period of one year, any future use shall be in conformity with the provisions of this article.
The following uses and activities are not permitted in the Wellhead Protection Overlay District:
Depositing of solid waste, hazardous waste, or hazardous substances on or beneath the surface of the ground or into a surface water body;
Establishment or operation of any solid waste management facility or hazardous waste treatment, storage, or disposal facility, including, but not limited to, solid waste storage area or facility; transfer station; rail-haul or barge-haul facility; raw waste landfill; sanitary landfill, solid waste landfill; ash landfill; construction and demolition debris landfill; disposal facility; solid waste incinerator; refuse-derived fuel processing facility; pyrolysis facility; construction and debris processing facility; land application facility; composting facility surface impoundment; used oil storage, reprocessing, and refining facility; recyclables handling and recovery facility; waste the storage facility; junkyard; vehicle or metal salvage yard; impoundment yard; dump; radiological waste facility; pathological or medical waste facility; or hazardous waste treatment, storage or disposal facility;
Storage or stockpiling of any agricultural or nonagricultural associated animal waste, except where provisions have been made for an approved waste management system to prevent contravention of a water quality standard due to seepage, leachate, or runoff from animal waste;
Discharging or allowing any sewage or polluted liquid of any kind to flow on or beneath the surface of the ground, except in watertight pipes connected to a sewage disposal system for which a permit has been granted by the appropriate Town, state and county agency having jurisdiction over such facilities;
Underground storage of petroleum;
Aboveground storage of petroleum except where best management practices are in place. Best management practices include but are not limited to secondary barriers, automatic alarm systems and groundwater monitoring capabilities;
Stockpiling or dumping of snow containing chloride salt or other deicing chemicals;
Open storage of fertilizers;
Exterior excavations or cut-ins which expose groundwater permanently or during maximum elevation of the water table, or which significantly reduce the thickness of the soil cover and thereby ease the entrance of contaminants into the groundwater;
The new operation or expansion of existing sand and gravel mining or dredging operations;
Deposit, spreading upon or beneath the surface of the ground, disposal or burial in the ground of any radioactive material;
Deposit or spreading upon or beneath the surface of the ground of any human excreta, sewage or sludge;
The construction and operation of any new water supply, except under permit from the Town Board;
Abandonment of any drilled water supply wells without filling the same with cement grout. A well not utilized within one year of development shall be considered abandoned;
Manure spread on frozen ground if there is any likelihood that surface runoff will be carried into streams;
Manure application during snow melt, heavy rainfall, or saturated ground conditions;
Storage or land application of manure within 100 feet of a surface water body or within 200 feet of a well;
Storage of sludge, hazardous substances, or hazardous wastes unless authorized by an applicable state or federal permit or required for the provision of drinking water;
The new operation or expansion of existing treatment works;
Commercial or agricultural use, storage, and/or application of pesticides without applicable certification from the New York State Department of Environmental Conservation;
The use and storage of chloride salts, except in quantities of less than 60 pounds and held for domestic use on the premises where stored in accordance with best management practices;
Any land use development otherwise permitted in the zoning districts or district underlying this Wellhead Protection Overlay District, but which development, after a thorough environmental review pursuant to the State Environmental Quality Review Act (SEQRA), has been determined to present such adverse environmental impacts upon the quality and availability of groundwater as to prohibit the development of the use under any circumstances;
Any substance or land use prohibited by state or federal law, rule or regulation;
Construction of commercial pipelines or piping systems that carry petroleum or liquid hazardous substances/waste.
Nothing in this section shall prevent the lawful use and storage of pesticides, herbicides, manure, chloride salts, chlorinated cleaning solvents or aromatics, or any commercial or industrial chemicals by the Town of Collins when necessary for construction purposes, building or grounds maintenance, or provision of drinking water and when using best management practices, but such use or storage shall not in any event take place within 250 feet of any well operated by the Town as a part of its public water supply excepting chemicals used to treat that municipal water supply.
All permitted uses of property within the Wellhead Protection Overlay District pursuant to this article shall be allowed only upon obtaining a special permit from the Town Board, except that the following uses shall not require issuance of such a permit:
Residential development of real property. No septic system shall be located within 300 feet of a municipal well.
Commercial and industrial development of real property of less than $10,000 in development costs and where the Code Enforcement Officer determines that there is no likelihood of any use or activity prohibited by this article.
Any municipal use.
Applicants for a special permit to develop in the Wellhead Protection Overlay District shall submit an application to the Town Planning Board containing the following information:
Name, address and telephone number of the applicant and the names and addresses of all the owners of the real property where the development would occur.
If the applicant is a corporation, the name, address and telephone number of all corporate officers and directors.
A map and report showing the location of the premises for which the permit is sought and plans prepared by a licensed professional engineer or architect showing all features of the system necessary for the satisfactory conveyance, storage, distribution, use and disposal of sanitary wastes, stormwater wastes, process wastes, toxic substances and hazardous materials, solid wastes and incidental wastes within the property boundaries of the business or commercial establishment.
A completed full SEQRA environmental assessment.
Preliminary engineering plans with elevations showing the use, location and dimensions of proposed buildings and land areas, driveways, driveway intersections with streets, maneuvering areas, parking areas, utility and utility easements, signs and railroad sidings.
A storm drainage and grading plan regarding proposed handling of surface water runoff and erosion control.
A survey prepared by a licensed surveyor or engineer showing the precise site boundaries and the distance to the nearest Town well.
Copies of any permits from and application to any other governmental agencies.
Such other information as the applicant may consider relevant or as may be required by the Town Planning Board. Copies of the application, including the required information stated above, must be filed with the Town Clerk and will be available for public inspection.
The Town Planning Board shall refer an application for the special permit to the Town and Erie County Department of Environment and Planning for comments prior to making a decision.
A public hearing shall be held in regard to granting the special permit. Notice of the public hearing shall be published in the Town's official newspaper not more than 20 days and not less than 10 days before the date of the public hearing. A copy of the notice of public hearing shall be mailed to each of the property owners of the subject property referred to in the notice not more than 20 days and not less than 10 days prior to the date of the public hearing. An environmental assessment form shall be filed at least 10 days prior to the date of the public hearing and shall be reviewed by the Town Planning Board or other lead agency in accordance with the provisions of the New York State Environmental Quality Review Act.
In accordance with General Municipal Law § 239-nn, notice of the public hearing shall be given by mail or electronic transmission to the clerk of any town or village that has a portion of its boundary contiguous with the Town of Collins.
The Town Planning Board may grant the special permit, deny the special permit or grant the special permit with stated conditions.
If a special permit is granted or granted with stated conditions, the applicant must use the best available means to prevent the contamination of the Town wells, the groundwater and the aquifers of the Town. This shall be a continuing requirement.
Where a special permit has been previously issued, a change in use requires application for a new special permit.
If there is a change in ownership, the new owner must apply for a special permit even if there is no change in use. Assuming a mere change of ownership, the permit shall be granted automatically and shall be considered an agreement between the Town Board and the new owner to adhere to the provisions of this article.
Upon conviction, a violation of this article shall be deemed a misdemeanor and shall be punishable by a fine not exceeding $1,000 for each and every such offense, or imprisonment for a period not to exceed six months, or both. Each day's violation shall constitute a separate and additional violation. In addition to the above-provided penalties and punishment, the Town Board, in its discretion, may immediately revoke any special permit previously issued or, in the alternative, may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article.
The boundaries of the Wellhead Protection Overlay District (WPOD) are delineated on the map entitled "The Town Wellhead Protection Overlay District Map," a copy of which is attached hereto and made a part hereof. The Town Clerk is hereby authorized and directed to take all steps necessary to amend the Zoning Map which accompanies this chapter so that it depicts the Wellhead Protection Overlay District created by this article.
Editor's Note: Said map is on file in the Town offices. Boundaries of the Wellhead Protection Overlay District may be amended as future sound technical evidence may require.