Village of Springville, NY Overlay Districts; Other Districts

Editor's Note: Former § 200-6, FPO Floodplain Overlay District, added 5-4-1987 by L.L. No. 3-1987, as amended, was repealed 3-4-2019 by L.L. No. 3-2019.

§ 200-7 HC-O Health-Care Overlay District.

[Added 5-4-1987 by L.L. No. 3-1987]

Purposes.

The HC-O Health-Care Overlay District is intended to promote, protect, preserve and enhance neighborhoods which are characterized by a mixture of residential, medical office and health-care uses. District regulations ensure that health-care uses remain compatible with housing, while permitting the area to develop a distinctive character through the consolidation and clustering of medical and health-care activities. The retention and renovation of sound structures is encouraged by the increased options for both residential and heath-care uses.

The HC-O District may be overlaid upon any part of any residential district established pursuant to this chapter which is found to be appropriate for such treatment, pursuant to an application for an amendment of the Zoning Map[1] filed in accordance with Article XIV of this chapter.

Editor's Note: The Zoning Map is on file in the office of the Village Clerk.

Overlay district. The HC-O District shall not be independently mapped upon the Zoning Map but shall be mapped, pursuant to the procedures for amending the Zoning Map by Article XIV of this chapter, only in conjunction with an underlying residential district When so mapped, the HC-O District shall provide optional regulations in addition to those applicable in the underlying district; provided, however, that any lot may be used in accordance with the regulations applicable in the underlying district in the same manner as though the HC-O District did not exist.

Permitted uses. The following uses are permitted as of right in the HC-O District, subject in each case, however, to site plan approval in accordance with the provisions of § 200-92 of this chapter:

Medical and dental clinics or offices, including the conversion of any lawfully existing structure for such purposes or the construction of new structures for such uses.

Buildings of mixed residential and health-care use.

Medical research facilities.

Medical and health service facilities, such as nursing homes, supervised residential institutions and rehabilitation therapy centers, and including residential facilities for staff, patients and residents of such institutions.

Hospitals, including such educational, clinical, research and convalescent facilities as may be integral to the hospital operation.

Accessory uses and structures. The following uses and structures are permitted in the HC-O District, subject to the provisions of Article VI of this chapter:

Customary accessory buildings or structures.

Required off-street parking and loading pursuant to Articles VI and VII of this chapter.

Signs pursuant to Article VIII of this chapter.

Special exception uses. The following uses may be permitted in the HC-O District, subject to authorization by the Planning Board pursuant to Article X of this chapter:

Caretaker or owners dwelling unit.

Bulk, space and yard requirements. The building height, lot area, open space and yard dimension requirements applicable in the HC-O District shall be the same as those applicable in the underlying district or as specified in Article III of this chapter for certain uses, except:

Maximum lot coverage by principal and accessory buildings shall be 40%.

Setbacks of nonresidential structures from contiguous residential lot lines shall be not less than 30 feet.

Parking requirements. Off-street parking and loading requirements applicable in the HC-O District are set forth in Article VII of this chapter.

Signs. Sign regulations applicable in the HC-O District are set forth in Article VIII of this chapter.

Buffer and screening requirements. Buffering and screening of nonresidential uses in the HC-O District shall be in accordance with the requirements of § 200-14 and Article X of this chapter.

Use limitations. The following limitations and conditions shall apply to, and be complied, with all permitted and permissible uses in the HC-O District:

No nonresidential use shall be established by the conversion of any structure or premises originally designed for residential use unless the existing residential character of the building shall be retained. No design or structural changes, additions or extensions shall be made to the front or sides of any such existing residential structure except as necessary to provide required means of egress, light and ventilation.

No outdoor storage shall be permitted.

No exterior lighting shall be erected, operated or maintained in such a manner as to create an annoyance to surrounding properties or so as to create a hazard to traffic circulation.

No permitted or permissible use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas, fumes, noise, vibration or glare.

§ 200-8 O-O Office Overlay District.

[Added 5-4-1987 by L.L. No. 3-1987]

Purpose.

The O-O Office Overlay District is intended to protect and enhance older residential neighborhoods characterized by location along major thoroughfares or proximity to commercial, cultural and employment centers by permitting mixed residential and office use. The traffic and activity of such areas lessen their desirability for family living, while their accessibility and exposure provide an environment suitable for certain professional and business offices which can exist in close proximity to dwellings without adversely affecting the residential environment. The preservation and rehabilitation of sound structures is encouraged by increasing potential land use options; however, dwellings remain the primary use of the district. Nonresidential uses shall maintain the same scale as residential uses to preserve the existing neighborhood characters.

The O-O District may be overlaid upon any part of any residential district established pursuant to this chapter which is found to be appropriate for such treatment, pursuant to an application for amendment of the Zoning Map[1] filed in accordance with Article XIV of this chapter.

Editor's Note: The Zoning Map is on file in the office of the Village Clerk.

Overlay district. The O-O District shall not be independently mapped upon the Zoning Map but shall be mapped, pursuant to the procedures for amending the Zoning Map by Article XIV of this chapter, only in conjunction with an underlying residential district. When so mapped, the O-O District shall provide optional regulations in addition to those applicable in the underlying district; provided, however, that any lot may continue to be used in accordance with the regulations applicable in the underlying district in the same manner as though the O-O District did not exist.

Permitted uses. The following uses are permitted as of right in the O-O District, subject in each case, however, to site plan approval in accordance with the provisions of § 200-92 of this chapter.

Conversion of any lawfully existing structure for any of the following uses:

Business and professional offices.

Studios for artists, craftsmen, photographers, composers, writers and the like.

(c)

Travel agencies.

(d)

Offices of civic, educational, religious and philanthropic organizations.

(e)

Barber- and beauty shops.

Buildings of mixed residential and office use.

Commercial art galleries.[2]

Editor's Note: Former Subsection C(4), permitting private clubs or lodges, which immediately followed this subsection, was deleted 12-1-1997 by L.L. No. 6-1997.

Accessory uses and structures. The following accessory uses and structures are permitted in the O-O District, subject to the provisions of Article VI of this chapter.

Customary accessory buildings or structures.

Required off-street parking and loading areas pursuant to Articles VI and VII of this chapter.

Signs pursuant to Article VIII of this chapter.

Special exception uses. The following uses may be permitted in the O-O District, subject to authorization by the Planning Board pursuant to Article X of this chapter.

Any use listed in Subsection C(1) above, when located in a structure newly constructed for such use rather than in an existing structure converted for such use.

Banks.

Radio or television broadcasting studios.[3]

[3]

Editor's Note: Former Subsection E(4) and (5), which permitted auditoriums, meeting halls and restaurants as special exception uses, which immediately followed this subsection, were deleted 12-1-1997 by L.L. No. 6-1997.

Bulk, space and yard requirements. The building height, lot area, open space and yard dimension requirements applicable in the O-O District shall be the same as those applicable in the underlying district or as specified in Article X of this chapter for certain uses, except:

Maximum lot coverage by principal and accessory buildings shall be 50%.

Parking requirements. Off-street parking and loading requirements applicable in the O-O District are set forth in Article VII of this chapter. Off-street parking for nonresidential uses shall be located in rear yards only.

Signs. Sign regulations applicable in the O-O District are set forth in Article VIII of this chapter.

Buffer and screening requirements. Buffering and screening of nonresidential uses within the O-O District shall be in accordance with the requirements of § 200-14 and Article X of this chapter.

Use limitations. The following limitations and conditions shall apply to, and be complied with, all permitted and permissible uses in the O-O District:

No outdoor storage shall be permitted.

Nonresidential uses shall be set back from every lot line contiguous to any lot devoted to a residential use by at least 20 feet or by a natural or artificial screen determined by the Planning Board to be sufficient to ensure visual and auditory privacy on the residential lot.

No exterior lighting shall be erected, operated or maintained in such a manner as to create an annoyance to surrounding properties or so as to create a hazard to traffic circulations.

Nonresidential uses shall be limited to a maximum size of 2,500 square feet of gross floor area for new buildings.

Nonresidential uses shall not employ more than one person per 250 square feet of gross floor area unless it can be demonstrated that the certain employees' time is spent outside the office, in which case space requirements may be calculated on an alternative basis.

Nonresidential uses shall limit their hours of operation from 8:00 a.m. to 9:00 p.m. on weekdays and Saturdays and from 9:00 a.m. to 6:00 p.m. on Sundays and holidays unless otherwise authorized by the Planning Board through the special exception process.

§ 200-8.1 R-O Retail Overlay District.

[Added 7-20-2009 by L.L. No. 1-2009]

Purpose.

The R-O Retail Overlay District is intended to protect and enhance residential neighborhoods characterized by location along major thoroughfares or proximity to commercial, cultural and employment centers by permitting mixed residential and retail/business uses. The traffic and activity of such areas lessen their desirability for family living, while their accessibility and exposure provide an environment suitable for certain professional and business uses which can exist in close proximity to dwellings without adversely affecting the residential environment. The preservation and rehabilitation of sound structures is encouraged by increasing potential land use options. Nonresidential uses shall maintain the same scale as residential uses to preserve the existing neighborhood character.

The R-O District may be overlaid upon any part of any residential district established pursuant to this chapter which is found to be appropriate for such treatment, pursuant to an application for the amendment of the Zoning Map filed in accordance with Article XIV of this chapter.

Overlay District. The R-O Retail Overlay District shall not be independently mapped upon the Zoning Map but shall be mapped, pursuant to the procedures for amending the Zoning Map by Article XIV of this chapter, only in conjunction with an underlying residential district. When so mapped, the R-O District shall provide optional regulations in addition to those applicable in the underlying district; provided, however, that any lot may continue to be used in accordance with the regulations applicable in the underlying district in the same manner as though the R-O District did not exist.

Permitted uses. Conversion of a lawfully existing building or erection of a new structure for the following uses may be permitted in the R-O District as special exception uses, subject to authorization by the Planning Board pursuant to Article X of this chapter:

Dwelling units within nonresidential buildings, provided that the total number of dwellings units shall not exceed that which is permitted by the applicable underlying district.

[Amended 2-6-2017 by L.L. No. 2-2017]

Auditorium, meeting hall.

Automobile laundry.

Bank.

Bed-and-breakfast.

Funeral home.

Greenhouse, plant nursery.

Office: business, professional or utility.

(9)

Personal service establishment, barbershop, beauty parlor.

(10)

Professional studio, travel agency or similar shop.

(11)

Repair shop for household, business or personal appliances.

(12)

Restaurant.

(13)

Retail store.

(14)

Shop for custom work and for making articles to be sold at retail on premises.

(15)

Veterinary office, clinic, or hospital.

(16)

Wholesale business.

(17)

Accessory uses and structures are permitted in the R-O District, subject to the provisions of Article VI of this chapter.

(18)

Agricultural retail or wholesale business with outdoor storage.

[Added 3-19-2018 by L.L. No. 2-2018]

Bulk, space and yard requirements. The building height, lot area, open spaces and yard dimension requirements applicable in the R-O District shall be the same as those applicable in the underlying district or as specified in Article X of this chapter for certain uses, except:

Minimum lot frontage of 100 feet, unless a larger frontage is required by Article X of this chapter. Exceptions:

[Amended 3-19-2018 by L.L. No. 2-2018;[1] 9-13-2022 by L.L. No. 4-2022]

Agricultural retail and wholesale business, minimum 200 feet frontage.

Existing lots, at the time of this change, that can show sufficient buffering to create a safe and unobtrusive environment to the neighborhood.

Editor's Note: This ordinance also repealed former Subsection D(2), regarding depth of lots for nonresidential uses, and redesignated Subsection D(3) as Subsection D(2).

Maximum lot coverage by principal and accessory buildings shall be 50%.

Parking requirements. Off-street parking and loading requirements applicable in the R-O District are set forth in Article VII of this chapter. Off-street parking for nonresidential uses shall be located in rear or side yards only for residential buildings being converted to other uses. For newly constructed buildings for nonresidential uses, parking requirements shall be determined by the Planning Board during site plan review.

Signs. Sign regulations applicable in the R-O District are set forth in Article VIII of this chapter for R-8.5 uses. In addition, for the allowable nonresidential as may be approved by the Planning Board:

A single freestanding sign shall not exceed 32 square feet with no one dimension larger than eight feet.

Signs shall be located midway of property frontage or building as determined by the Planning Board.

Set back a minimum of 10 feet from the nearest right-of-way line of the street.

Maximum of eight feet in height to top of sign as determined by the grade of the street at the sign location.

May only be externally illuminated.

The total square footage of all signs shall not exceed two square feet for each linear foot of building frontage.

Existing signs may remain, be repaired or replaced in kind.

Adequate buffer yards and screening shall be provided for outdoor storage areas and where necessary to protect adjacent properties and land uses as determined by the Planning Board.

[Amended 3-19-2018 by L.L. No. 2-2018]

Use limitations. The following additional limitations and conditions shall apply to all uses for the R-O District.

Existing buildings when converted must meet the New York State Building Codes.

No nonresidential use may be established by the conversion of any structure or premises originally designed for residential use unless the existing residential character of the building is retained.

No outdoor storage permitted, except for an approved agricultural retail or wholesale business.

[Amended 3-19-2018 by L.L. No. 2-2018]

The placing of more than one item for sale or display in a front yard is prohibited, except for an approved agricultural retail or wholesale business or as allowed by the underlying district.

[Amended 3-19-2018 by L.L. No. 2-2018]

Nonresidential uses shall be set back from every lot line to any lot devoted to a residential use by at least 20 feet or separated by a natural or artificial screen determined by the Planning Board to be sufficient to ensure visual and auditory privacy on the residential lot.

No exterior lighting shall be erected, operated or maintained in such a manner as to create an annoyance to neighboring property owners or so as to create a hazard to traffic circulation.

(Reserved)[2]

Editor’s Note: Former Subsection H(7), which limited the gross floor area of new nonresidential buildings, was repealed 3-19-2018 by L.L. No. 2-2018.

§ 200-9 PID Planned Industrial District.

[Added 5-4-1987 by L.L. No. 3-1987]

Purpose. The Planned Industrial Districts (PID) are intended to permit the creation of defined areas for the unified and orderly development of compatible industrial uses. A PID allows flexibility in planning and development and provides a process for evaluating plans to assure compatibility with adjacent industrial and nonindustrial districts.

Location and minimum district size. Areas will be considered for rezoning to a PID according to procedures specified in Article XIV and provided that the site is currently zoned as Commercial-Industrial Park (CIP) and includes a minimum of 25 contiguous acres.

Permissible uses. The following uses may be permitted in the Planned Industrial District:

Research, development and testing facilities when in conformance with applicable zoning regulations and other standards and performance standards contained herein.

Compounding, fabrication, assembly and processing operations similar to but not limited to:

Electrical, electronic equipment and appliances, instruments, devices and components.

Furniture and furnishings.

(c)

Musical, scientific, medical, dental and photographic instruments and supplies.

(d)

Recreational equipment and toys.

(e)

Clothing and other textile products.

(f)

Candy, pharmaceuticals, soap and toiletries.

(g)

Panels, sheets, tubes and rods.

(h)

Automobile and boating accessories from previously prepared materials.

(i)

Printing, publishing and engraving.

(j)

Food and beverage products.

(k)

Preparation of articles or merchandise from previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, leather, paper, plastics, precious or semiprecious metals or stones, light sheet metals, rubber, shell, textiles, tobacco, wire, wax, yarns, wood and paint.

Light manufacturing and lumber yards or mills (processing and finishing) meeting the performance standards specified herein and approved by the Planning Board.

Warehousing and wholesale distribution, including public utilities storage or service facilities, and contractors' equipment or materials storage.

Offices and office buildings.

Retail sale of products manufactured or processed on site.

Other industrial uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above and consistent with the objectives of the Master Plan.

Accessory uses and structures. Accessory uses and structures are permitted in the Planned Industrial District subject to the provisions of § 200-10.

Bulk, space and yard requirements. Bulk, space and yard requirements shall be as prescribed for the CIP District in the Table of Dimensional Regulations.[1]

Editor's Note: The Table of Dimensional Regulations is located at the end of this chapter.

Parking and loading requirements. Parking and loading requirements applicable in the Planned Industrial District are set forth in Article VII of this chapter.

Signs. Sign regulations applicable in the Planned Industrial District are set forth in Article VIII of this chapter.

Performance standards. All uses in a Planned Industrial District shall adhere to the following standards:

Dust and smoke. The emission of smoke, soot, fly ash, fumes, dust and other types of air pollution borne by the wind shall be controlled so that the rate of emission and quantity deposited shall not be detrimental to or endanger the public health, safety, comfort or welfare or adversely affect property values.

Glare and heat. Any operation producing intense glare or heat shall be conducted in such a manner so that the glare or heat shall be completely imperceptible from any point along a lot line.

Odorous matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the user shall not be permitted.

Noise. The weighted average sound pressure level as measured at the edge of a lot and which is produced by a mechanical, electrical or other equipment operation on the lot, where said lot is adjacent to a residential area, shall not exceed the average intensity of the street traffic noise in that residential area. No sound shall have objectional intermittence, volume, beat, frequency or shrillness characteristics. The maximum level shall not exceed 65 decibels on the A-scale measured at any adjacent residential property line.

Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated by said use is not perceptible without instruments at any point along any property line of the lot on which the use is located.

Fire and explosive hazards. The handling, use and nonbulk storage of flammable and combustible materials shall be permitted only in conformance with New York State Uniform Fire Prevention and Building Code[2] requirements and in structures having noncombustible exterior walls, and all operations in connection therewith shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire-fighting and suppression equipment and devices standard to the operation involved, as determined by the Planning Board.

[Amended 12-1-1997 by L.L. No. 6-1997]

Editor's Note: See Ch. 73, Building Construction and Fire Prevention.

Toxic or noxious matter. The emission of toxic, noxious or corrosive fumes or gases which would be injurious to property, vegetation, animals or human health at or beyond the boundaries of the lot occupied by the use shall not be permitted.

Fissionable or radioactive materials. No activities shall be permitted which utilize fissionable or radioactive materials if their use results at any time in the release or emission of fissionable or radioactive material into the atmosphere, the ground or sewerage systems which exceeds New York State regulation or more than 25% above background levels.

(9)

Liquid wastes. New York State Department of Environmental Conservation and/or Health Department approval shall be required prior to the discharge of any liquid wastes unless said waste is discharged in a public sewer system. Liquid wastes discharged into a public sewer shall be in conformity with applicable Federal and/or State Health Department criteria.

Other provisions and requirements.

Residential uses shall be prohibited in this district, except for a caretaker's residence.

All industrial processes shall take place within an enclosed building. Exterior processing may be approved on an individual-case basis and subject to controls and regulations to be established by the Planning Board. Incidental storage out of doors may be permitted, provided that such materials are shielded from view from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures.

AGRICULTURAL-ASSOCIATED ANIMAL WASTE

No permitted or permissible use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas, fumes, noise, vibration or glare.

§ 200-9.1 WP-O Wellhead Protection Overlay District.

[Added 1-28-2002 by L.L. No. 1-2002]

Purpose and intent. The purpose and intent of this section 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 Village 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 Village.

Definitions. For the purposes of this section 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.

Manure obtained from agricultural industries.

AQUIFER

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 Village, the New York State Department of Environmental Conservation, New York State Department of Transportation, and the New York State Department of Health.

BOARD OF TRUSTEES

The Board of Trustees of the Village of Springville, New York.

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).

DEVELOPMENT

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.

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 effects, as defined in 6 NYCRR Part 617.

FERTILIZER

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 applications to the ground or plants directly to increase nutrients to plants. This includes natural and artificially produced fertilizers.

GROUNDWATER

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:

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;

Poses a present or potential hazard to the environment when improperly treated, stored, transported, disposed of, or otherwise managed;

HYDROGEOLOGIC CHARACTERISTICS

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, alkalies 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, or reactivity, or fails the Toxicity Characteristic Leaching Procedure (TCLP).

HERBICIDE

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.

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.

MANURE

Animal feces and urine, including commercially dehydrated or partially dehydrated manure.

MUNICIPAL USE

Any lawful use or development of land undertaken by the Village of Springville, the Town of Concord or the Springville-Griffith Institute Central School District.

NONAGRICULTURAL-ASSOCIATED ANIMAL WASTE

Manure obtained from nonagricultural industries (e.g., kennel waste).

NONCONFORMING USE

A building, structure or use of land existing at the time of enactment of this article or subsequent amendments which does not conform to the regulations of the district or zone in which it is situated.

PESTICIDE

Any substance used to destroy or inhibit the growth of pests, such as rodents and insects.

PETROLEUM

Any petroleum-based oil of any kind which is liquid at 20° C. under atmospheric pressure and has been refined, re-refined, or otherwise processed for the purpose of being burned to produce heat or energy; use as a motor fuel or lubricant; or use in the operation of hydraulic equipment.

RADIATION

Ionizing radiation, i.e., an 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.

REFUSE

All putrescible and nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleaning, dead animals, offal and solid commercial and industrial wastes.

SEWAGE

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 works.

SLUDGE

Any solid, semi-solid 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, 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 Village Planning Board pursuant to compliance with this section.

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.

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 landfill, 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.

VILLAGE

The Village of Springville, New York.

VILLAGE PLANNING BOARD

The duly established Planning Board of the Village of Springville, New York.

VIOLATION

The failure to comply with or conform to the provisions of this section.

WELL

Any well now used as a source of the Village's water supply as regulated pursuant to Public Health Law § 1100, and Title 10 (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 section and used a source of the Village's water supply.

WELLHEAD PROTECTION OVERLAY DISTRICT (WP-O)

That portion of the Village designated in Subsection L of this section as being within the Wellhead Protection Overlay District and delineated upon the Village Wellhead Protection Overlay District Map, a copy of which is attached hereto and made a part hereof.[1]

Editor's Note: Said map is on file in the Village offices.

Scope and authority. A Wellhead Protection Overlay District (WP-O) as delineated in Subsection L hereof is hereby created and shall be considered as overlaying all other zoning districts within the Village. Any uses permitted in the districts so overlaid shall be permitted only subject to all of the provisions of this section. in any case where conflicts arise between the Wellhead Protection Overlay District regulations and any other existing regulations, the more restrictive regulations shall apply.

Permitted uses. The following uses are permitted within the Wellhead Protection Overlay District, provided that all necessary permits, orders or approvals as required by the Village, the 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 is situated are permitted in the Wellhead Protection Overlay District subject to the provisions of this section.

Nonconforming uses:

The lawful use of any building or the use of land existing at the time of the adoption of this section may be continued, although such use or building may not conform to the provisions of this section. 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 section.

Whenever a nonconforming use has ceased for a period of one year, any future use shall be in conformity with the provisions of this section.

Prohibited uses and activities.

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 re-refining facility; recyclables handling and recovery facility; waste tire 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;

(c)

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;

(d)

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 Village, state and county agency having jurisdiction over such facilities;

(e)

Underground storage of petroleum;

(f)

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;

(g)

Stockpiling or dumping of snow containing chloride salt or other deicing chemicals;

(h)

Open storage of fertilizers;

(i)

Excavations or cut-ins, other than drainage systems used to control groundwater, 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;

(j)

The new operation or expansion of existing sand and gravel mining or dredging operations;

(k)

Deposit or spreading upon or beneath the surface of the ground or disposal or burial in the ground of any radioactive material;

(l)

Deposit or spreading upon or beneath the surface of the ground of any human excreta, sewage or sludge;

(m)

The construction and operation of any new water supply, except under permit from the Village Planning Board;

(n)

Abandonment of private drilled water supply wells without filling the same with cement grout;

(o)

Manure spread on frozen ground if there is any likelihood that surface runoff will be carried into streams;

(p)

Manure application during snow melt, heavy rainfall, or saturated ground conditions;

(q)

Storage or land application of manure within 100 feet of a surface water body or within 200 feet of a well;

(r)

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;

(s)

The new operation or expansion of existing treatment works;

(t)

Pesticide and herbicide storage, use and application, except for domestic and noncommercial purposes;

(u)

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;

(v)

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;

(w)

Any substance or land use prohibited by state or federal law, rule or regulation;

(x)

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 Village or the Springville-Griffith Central School District when necessary for instructional 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 200 feet of any well operated by the Village as a part of its public water supply.

Special permits. All permitted uses of property within the Wellhead Protection Overlay District pursuant to this section shall be allowed only upon obtaining a special permit from the Village Planning Board, except that the following uses shall not require issuance of such a permit:

Residential development of real property.

Commercial and industrial development of real property of less than $10,000 in development costs and where the Building Inspector determines that there is no likelihood of any use or activity prohibited by this section.

Any municipal use.

Application for special permit. Applicants for a special permit to develop in the Wellhead Protection Overlay District shall submit an application to the Village 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.

Proposed development in the Wellhead Protection Overlay District is declared a Type I action requiring a long-form environmental assessment form pursuant to Article 8 of the Environmental Conservation Law of the State of New York and applicable local laws of the Village which shall include a description and evaluation of the nature and magnitude of the probable environmental impact, including specification of the predictable adverse effects on the natural environment and an evaluation of measures to mitigate adverse effects.

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 Village well.

Copies of any permits from and applications to any other governmental agencies.

(9)

Such other information as the applicant may consider relevant or as may be required by the Village Planning Board. Copies of the application including the required information stated above must be filed with the Village Clerk and will be available for public inspection.

Referral and public hearing for special permit.

The Village Planning Board shall refer an application for a special permit to the Erie County Department of Environment and Planning for comments prior to making a decision. If the Eric County Department of Environment and Planning fails to report its comments to the Village Planning Board within 30 days of such referral, the Village Planning Board may take final action on the special permit application without such comments.

A public hearing shall be held in regard to granting the special permit. Notice of the public hearing shall be published in the Village'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 owners of the subject property referred to in the application not more than 20 days and not less than 10 days before the date of the public hearing. The long-form environmental assessment form submitted by the applicant shall be reviewed by the Village Planning Board or other lead agency in accordance with the provisions of the New York State Environmental Quality Review Act.

Issuance of special permit.

The Village 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 Village wells, the groundwater and the aquifers of the Village. This shall be a continuing requirement.

Change in use.

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 Village and the new owner to adhere to the provisions of this section.

Penalties for offenses. Upon conviction, a violation of this section shall be deemed a misdemeanor and shall be punishable by a fine not exceeding $1,000 for each and every 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 Village Planning 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 Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this section.

Map and boundaries of Wellhead Protection Overlay District. The boundaries of the Wellhead Protection Overlay District (WP-O) are delineated on the map entitled "The Village Wellhead Protection Overlay District Map," a copy of which is attached hereto and made a part hereof.[2] The Village 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 section.Editor's Note: Said map is on file in the Village offices. Boundaries of the Wellhead Protection Overlay District may be amended as future sound technical evidence may require.