[Added 10-20-2021 by L.L.
No. 7-2021]
A.
Purposes and general provisions.
(1)
The purpose of the Aquifer Protection Overlay (AQO) Zone is to protect
the public health, safety, and general welfare by preserving and maintaining
the quality and quantity of the Town's major aquifer and groundwater
resources in order to ensure an adequate and safe potable water supply
for present and future residents, employees, and the general public.
The primary threats to aquifer and groundwater quality, particularly
in residential areas, come from wastewater releases from septic systems,
which can degrade groundwater and well water quality if placed at
densities that do not allow sufficient ground area for wastewater
dilution. The designation of an AQO Zone and the establishment of
corresponding regulatory provisions and density standards based on
the underlying aquifer characteristics will further the preservation
of groundwater resources quality for public or private water supply.
Other land uses and structures and improvements associated with land
development may also present threats to aquifer and groundwater quality
and quantity such as impervious surfaces, which are regulated in this
and other chapters of the Code of the Town of Fishkill.
(2)
The Town of Fishkill declares that the protection of its aquifer
and groundwater resources is an important public purpose and that,
to the extent practicable, future development of the Town should minimize
intrusive alteration of or potentially impactful construction in these
areas.
(3)
In order to accomplish this objective, the Town hereby creates this
overlay zone, which regulates the use and development of these areas
of public importance. The restrictions applicable in this zone are
supplementary to, and do not replace, the underlying use and bulk
regulations in each zoning district. If there is any conflict between
the requirements of the Aquifer Protection Overlay Zone and the zoning
district, the more restrictive requirement shall apply.
(4)
The Town Board may adopt and revise from time to time, as a supplement
to the Zoning Map, an Aquifer Protection Overlay (AQO) Zone map delineating
the AQO boundary. The provisions of this section shall take effect
only if, and when the map of this zone is delineated on a map.
B.
Boundaries.
(1)
The AQO Zone consists of all designated areas as shown on the Aquifers
and Water Supply Resources Map and delineated on the Aquifer Protection
Overlay (AQO) Zone Map, which are included by reference as part of
this section, and which are on file at the Town Hall.
(2)
There are distinct, delineated areas included within the AQO Zone,
which are defined based on the characteristics of the surficial geology
underlying the Town according to information from the New York State
Geographic Information System (GIS) Clearinghouse in June 2021, originating
from the United States Geological Survey (USGS), New York Water Science
Center Publication, dated February 8, 2008, entitled Upstate New York
Surficial Aquifer Mapping Program (USGS). Fishkill's aquifer
areas also correspond to surficial geologic deposits depicted on the
Surficial Geologic Map of New York, which was compiled and edited
by Doanld H. Cadwell, University of the State of New York, in 1989.
The AQO includes the larger Primary Aquifer Region in the eastern
half of the Town, which encompasses unconfined, mid-yield; and kame,
kame terrace, kame moraine, outwash alluvium aquifer areas, as well
as a small area of an unconfined, high-yield aquifer. The AQO includes
two lacustrine, silt and clay aquifer areas on the western side of
Town, to the north and the south of boundaries of the City of Beacon.
Just south of the City of Beacon, the northern end of the southern
lacustrine, silt and clay aquifer area is adjacent to an unconfined,
mid-yield aquifer area, which is also included in the AQO. The AQO
includes Town of Fishkill water supply parcels located within or near
these aquifer areas.
(3)
Where uncertainty exists as to the location of the boundary of the
AQO, the provisions found in this chapter for interpretation of district
boundaries shall be followed.
C.
Applicability. These provisions shall apply to all development and
uses within the Aquifer Protection Overlay (AQO) Zone. For those areas
that are served by both public water and sewer, only the general provisions
below, shall apply to development and uses therein. The term "served
by both public water and sewer" shall mean the owner has received
all required regulatory approvals to establish public water and sewer
districts, and/or has agreed to connect to the existing public water
and sewer districts, and the Town or respective water and/or sewer
district has agreed to provide sufficient system capacity in order
to serve the proposed development. Lawful development, uses and building
lots located within the AQO Zone existing as of the effective date
of the local law adding this subsection[1] about applicability to this chapter are not subject to
this section and shall be considered lawfully nonconforming. Alteration
of lawfully nonconforming uses and buildings and issuance of building
permits for construction on any legal lot existing as of the effective
date of the local law adding this section about applicability to this
chapter shall be subject to the provisions found in this chapter for
nonconforming uses, structures, and lots.
[1]
Editor's Note: Local Law No. 7-2021, adopted 10-20-2021.
D.
General provisions. The following conditions shall apply to all land
in the Aquifer Protection Overlay (AQO) Zone:
(1)
The installation of any underground fuel tank or tanks whose combined
capacity is less than 1,100 gallons is prohibited (the installation
of underground fuel tanks with a combined capacity of 1,100 gallons
or more requires a permit from the New York State Department of Environmental
Conservation).
(2)
Farm animal wastes shall not be concentrated and stored in one area
except where provisions have been made to prevent seepage of said
animal wastes into groundwater. Suitable storage facilities, such
as those having a concrete liner or other impervious lining material,
are required when it is not possible to spread or dispense of wastes
on a daily basis. Animal waste storage facilities shall be located
as far from water wells as is practical.
(3)
All bulk storage of artificial fertilizers for agricultural or commercial
use must be within a completely enclosed building or structure that
will prevent any seepage and runoff. Fertilizer storage facilities
shall be located as from water wells as is practical.
(4)
New septic systems within the Aquifer Protection Overlay Zone shall
be located a minimum of 400 feet from any public water system wellhead.
(5)
These provisions shall not apply to any customary agricultural practices
conducted in conformity with applicable rules of the New York State
Department of Environmental Conservation and the New York State Department
of Agriculture and Markets which are in conformance with a whole farm
management plan approved by the Dutchess County Soil and Water Conservation
District.
E.
Residential density regulations. The following standards apply to
all land in the Aquifer Protection Overlay (AQO) Zone where use of
wells and/or septic systems is proposed:
(1)
In areas mapped on the Aquifers and Water Supply Resources and Aquifer
Protection Overlay (AQO) Zone Map as sand and gravels (outwash or
kame), which would have higher rates of aquifer recharge (18 inches
of aquifer recharge annually), the maximum residential density shall
be one unit per 40,000 square feet.
(2)
In all other aquifer areas on the Aquifers and Water Supply Resources
and Aquifer Protection Overlay (AQO) Zone Map, the maximum residential
density shall be one unit per 120,000 square feet.
(3)
With the exception of the maximum density established in the subsections
above, and the preceding general provisions set forth above, which
are intended to provide for groundwater protection, all other requirements,
regulations, and standards of the underlying zoning district of a
site or lot shall remain in effect.
F.
The Planning Board may issue a special use permit to allow one or
more activities restricted in the Aquifer Protection Overlay (AQO)
Zone's general provisions, or residential density regulations,
above, if the Board finds that:
(1)
The AQO restrictions are unreasonable as applied to a particular
parcel; and
(2)
The AQO restrictions are an unreasonable economic burden upon the
owner; and
(3)
The granting of such special use permit, with protective mitigations
measures detailed on site plans, constructions plans and plot plans,
and with appropriate conditions attached, will not result in pollution
of groundwater.
G.
H.
All land use development projects for which a completed application for site plan approval, subdivision approval, or grant of a special use permit was outstanding on the effective date of the local law enacting Code § 150-79 shall be exempt from the provisions of Code § 150-79.
[Added 3-16-2022 by L.L. No. 2-2022]
