Town of Union, NY
Broome County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Union 1-7-1998 by L.L. No. 5-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Drainage — See Ch. 102.
Flood damage prevention — See Ch. 121.
Freshwater wetlands — See Ch. 125.
Sewers — See Ch. 165.
Soil erosion — See Ch. 171.
Subdivision of land — See Ch. 181.
Water — See Ch. 199.
Zoning — See Ch. 205.
074a Aquifer Protection Map and Details

§ 74-1 Purpose and intent.

The purpose and intent of establishing the wellhead, aquifer recharge and watershed protection zones described below are to minimize the potential for contamination of the aquifer which currently supplies or in the future may supply water to the residents of the Town of Union. In promoting the general intent of these regulations, the specific intent is to:
A. 
Protect and maintain groundwater quality in the protection districts tributary to the wells that supply water to the residents of the Town of Union.
B. 
Protect the general health and safety of the residents of the Town of Union.

§ 74-2 Definitions.

As used in this chapter, the Following terms shall have the meanings indicated:
APPLICANT
The person responsible for the proposed action requiring an aquifer permit.
[Added 6-7-2000 by L.L. No. 4-2000]
AQUIFER
A saturated, permeable subsurface geologic unit that can transmit an economic quantity of water under ordinary hydraulic gradients.
AQUIFER DISTRICT
A combination of the Watershed Zone, Aquifer Recharge Zone and Wellhead Protection Zone as defined below.
AQUIFER RECHARGE ZONE
Those land areas outside the Aquifer Protection Zone (Zone I) through which a large volume of precipitation or surface runoff flows directly or indirectly into the Clinton Street/Ballpark Aquifer. This area is designated on the Official Town of Union Aquifer Protection Map as Zone II.
CONE OF DEPRESSION
The depression produced in a water table or other piezometric surface by the extraction of water from a well at a given rate. The volume and areal extent of the cone varies with the rate and duration of withdrawal of water.
CONSTRUCTION AND DEMOLITION DEBRIS
The meaning set forth in 6 NYCRR 360, Solid Waste Management Facilities.
DEVELOPMENT
Any man-made change to improved or unimproved real estate that includes, but is not limited to, the construction of buildings, tanks or other materials storage facilities, the renovation of structures, dredging, grading, land filling, commercial excavation or the installation of pipelines and wastewater treatment facilities.
GROUNDWATER
The subsurface water that occurs below the water table in soils and geologic formations that are fully saturated.
INJECTION WELL
A dug hole or a bored, drilled or driven shaft whose depth is greater than its largest surface dimension through which subsurface emplacement of fluids occurs.
PERSON
Denotes a single individual, a group of individuals, an association, a company or a corporation.
REFUSE
All putrescible and nonputrescible solid waste that includes, but is not limited to, garbage, rubbish, ashes, incinerator residue, junk cars, dead animals, commercial wastes, medical wastes and industrial wastes.
A. 
An existing underground storage facility that is modified in one or more of the following ways:[1]
(1) 
A new stationary tank is added to the site.
(2) 
An existing stationary tank is replaced, reconditioned or permanently closed.
(3) 
A leaking tank is replaced, repaired or permanently closed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The repair, replacement or installation of the piping system or ancillary equipment is not considered a substantial modification unless such repair, replacement or installation is due to a release of 1% of flow-through plus 130 gallons on a monthly basis and is coupled with an annual tightness test.
TANK
A container or other holding vessel designed to store a toxic or hazardous substance, which is constructed of nonearthen materials which provide support.
TOWN OF UNION WELLHEAD ADVISORY COMMITTEE
An advisory board with representatives from the Town of Union, Villages of Johnson City and Endicott and business/industry. The Board shall be composed of five members, The membership shall include one member each from the Town of Union and the Villages of Johnson City and Endicott. Two of the members shall be representatives from business and industry. Each member shall be appointed for three years. Each municipality shall appoint one member of the Wellhead Advisory Committee from their respective jurisdictions with the approval of the local Town or Village Board. The additional two members shall be appointed by the Town of Union Board with recommendations from the Villages of Johnson City and Endicott.
TOXIC OR HAZARDOUS MATERIAL
Any substance listed in regulations promulgated under the authority of the Federal Resource, Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) or New York State Environmental Conservation Law, Article 27, 37 or 40, as now enacted or hereinafter amended.
UNDERGROUND STORAGE FACILITIES
Any one or a combination of tanks, including any associated piping or ancillary equipment, at least 10% of which is situated beneath the surface of the ground, that is used for the purpose of material transmission, storage or containment, except those for public water or sewer.
WATER BODY
Any river, stream, spring, pond, lake, reservoir or channel of water or any man-made culvert which flows directly into the aforementioned.
WATERSHED ZONE
The land surface that is hydraulically tributary to the Aquifer Recharge Zone (Zone II). This area is designated on the Official Town of Union Aquifer Protection Map as Zone III.
WELLHEAD PROTECTION ZONE
The land areas that extend from the municipal wells to the outermost limits of their cones of depression. This area is designated on the Official Town of Union Aquifer Protection Map as Zone I.

§ 74-3 Scope.

Zones I, II and III of the Aquifer Protection District shall be considered as overlaying all other zoning districts within the Town of Union. Any uses permitted in the districts so overlaid shall be permitted only subject to the provisions set forth in this chapter. Nothing contained in the Aquifer Protection District regulations shall be construed to reduce or amend provisions contained in Chapter 205, Zoning.

§ 74-4 Violation of water quality standards prohibited; nonresidential water supply or monitoring wells.

A. 
No person shall perform any act which may result in the contravention of water quality standards contained in New York State Public Health Law (10 NYCRR 5) or New York State Environmental Conservation Law (6 NYCRR 703).
B. 
Owners of nonresidential water supply or monitoring wells shall provide the Town of Union with a map showing their location and a description of their use. The description shall include information on pumping capacity (if applicable), well depth, what the well is used for and its status (active or inactive). Water supply or monitoring wells not in use for a period of three or more years must be decommissioned in a manner satisfactory to the Town of Union.

§ 74-5 Permit required for certain development.

Any development within the Town of Union Aquifer District that meets or exceeds the following criteria shall be allowed only upon obtaining a special permit from the Town of Union Planning Board:
A. 
Any use of property or change in use of property of any residence, business, industrial or intermunicipal operation which uses, distributes or stores petroleum products, toxic materials or hazardous materials when such distribution, storage or use exceeds 25 gallons per month or 220 pounds, whichever is less.
B. 
Any activity requiring a permit from the New York State Department of Environmental Conservation or the United States Environmental Protection Agency.
C. 
Any existing underground storage facility that has been substantially modified.

§ 74-6 Application for permit.

Applicants for a permit to develop in the Town of Union Aquifer District shall submit the following:
A. 
Name, address and telephone number of the applicant.
B. 
If the applicant is a corporation, the names, addresses and telephone numbers of all the corporate officers and directors.
C. 
Plans prepared by a professional engineer or architect licensed to practice in the State of New York which demonstrate that sufficient measures have been taken to prevent petroleum products, toxic materials or hazardous materials from contaminating the groundwater system.
D. 
Copies of any permits and applications to the New York State Department of Environmental Conservation or the United States Environmental Protection Agency.
E. 
One completed original and two copies of the Town of Union groundwater protection form.
F. 
Any other information that the Town of Union Planning Board shall request so as to have all the facts before it prior to making its decision.
G. 
An aquifer permit fee as set from time to time by resolution of the Town Board.

§ 74-7 Nonconforming uses.

A. 
The lawful use of any development or the use of any land existing at the time of the adoption of this chapter may be continued although such use may not conform to the provisions of this chapter.
B. 
When a nonconforming use has ceased for a period of one year after the adoption of this chapter, any future use shall be in conformity with the provisions of this chapter.

§ 74-8 Action on permit application.

The Planning Board may grant the permit, deny the permit or grant the permit with stated conditions. In the event that a permit is granted or granted with stated conditions, it shall be a requirement that the applicant use the best available means to prevent contamination of groundwater in the Aquifer District. The Town shall maintain continuing jurisdiction, and the Planning Board shall have the power and authority to require the applicant to make such provisions as are necessary to update the development in order that it may be used in accordance with the then prevailing state of technology. Prior to action on the permit, the application shall be referred to and a recommendation received from the Town of Union Wellhead Advisory Committee.

§ 74-9 Change in use or ownership.

The applicant is responsible for amending an existing permit if petroleum products or hazardous or toxic materials not listed in the original permit are subsequently used or stored at the site or if there is a change in ownership.

§ 74-10 Zone III: Watershed Zone.

A. 
The discharge or disposal of construction and demolition debris, as defined by 6 NYCRR 360, refuse, toxic or hazardous materials, petroleum products or radioactive substances on or below the surface of the ground is prohibited.
B. 
The uncovered outdoor storage of agricultural chemicals, pesticides, herbicides, fungicides and fertilizers, except compost, is prohibited.
C. 
The uncovered outdoor storage of more than 100 pounds of chloride salt is prohibited.
D. 
The uncovered outdoor storage of more than 500 pounds of manure is prohibited.
E. 
The construction of class five underground injection wells, as defined by the Safe Drinking Water Act of 1974 and subsequent amendments, is prohibited.

§ 74-11 Zone II: Aquifer Recharge Zone.

In addition to the regulations below, the rules and regulations under Zone III are also applicable.
A. 
The siting of storage areas for junk vehicles or salvage metals is prohibited.
B. 
The aboveground discharge, land application or disposal of any septic sludge, animal wastes or animal remains is prohibited.
C. 
The drilling, construction or installation of all individual or private water supply wells shall comply with the requirements and standards of the New York State Department of Health.
D. 
Owners of nonresidential water supply or monitoring wells shall provide the Town with a map showing their location and a description of their use. The description shall include information on pumping capacity (if applicable), well depth, what the well is used for and its status (active or inactive). Water supply or monitoring wells not in use for a period of three or more years must be decommissioned in a manner satisfactory to the Town.

§ 74-12 Zone I: Wellhead Protection Zone.

In addition to the regulations below, the rules and regulations under Zones II and III are also applicable.
A. 
Excavations not subject to the New York State Mineral Resources Act that intersect the water table at its seasonal high level and remain open for a period of time exceeding six months are prohibited.
B. 
The installation of any underground storage facility for toxic or hazardous materials or petroleum products is prohibited.
C. 
The establishment of any solid waste management or waste treatment facility that would require a permit under 6 NYCRR 360, Chapter 10, is prohibited.

§ 74-13 Public hearing required; notice.

A public hearing shall be held in regards to the granting of an aquifer permit. Notice of this public hearing shall be published in accordance with Article 16 of the Town Law.

§ 74-14 Boundary designation procedure.

A. 
Zone I. The Town of Union shall establish Zone I boundaries on its Aquifer Protection Map using available hydrogeologic characteristics of the Clinton Street/Ballpark Aquifer, computer modeling data and water supply well pump test data.
B. 
Zone II. The Town of Union shall establish Zone II boundaries on its Aquifer Protection Map using available hydrogeologic characteristics of the Clinton Street/Ballpark Aquifer.
C. 
Zone III. The Town of Union shall establish Zone III boundaries on its Aquifer Protection Map using available topographic data on areas contributing stream flow or overland runoff to Zones I and II.

§ 74-15 Enforcement officer.

The Building Official shall be responsible for enforcement of this chapter. Inspections may be made to ensure that these rules and regulations are being complied with. The Building Official is authorized to issue cease and desist orders whenever violations of this chapter are noted.

§ 74-16 Penalties for offenses.

A. 
The owner of any development found not in compliance with the provisions of this chapter or any other person who commits or permits acts in violation of any of the provisions of this chapter shall be deemed to have committed an offense and shall be liable for any such violation and the penalty therefor.
B. 
For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $1,000. Each week's continued violation of the provisions of this chapter shall be deemed a separate offense.
C. 
Any person violating this chapter shall also be subject to a civil penalty enforceable and collectible by the Town in the amount of $1,000 for each such offense. Such penalty shall be collectible by and in the name of the Town for each week that such violation shall continue.
D. 
In addition to the above-provided penalties and punishments, the Town Board may also commence an action or proceeding in the name of the Town and in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of the provisions of this chapter.

§ 74-17 Variances.

A. 
An owner who experiences unnecessary hardship as a consequence of the literal interpretation of the provisions of this chapter may request a hearing by the Zoning Board of Appeals of the Town of Union. The Board of Appeals may grant a variance of the requirements of this chapter if the Board finds that the health, welfare and safety of the public will be protected.
B. 
Applications for a variance shall be submitted to the Zoning Board of Appeals and shall contain at least the following information:
(1) 
The applicant's name, address and interest in the subject property, or the owner's name and address, if different from the applicant, and the owner's signed consent to file the application.
(2) 
The protection zone location, alone with the street address and legal description of the subject property.
(3) 
A narrative description of the proposed use or action together with any other pertinent information that may be necessary to adequately review the application.
(4) 
A plan illustrating all proposed site alterations, all structures existing on the site, site contours and drainage patterns.
(5) 
A statement articulating the hardship imposed by the enforcement and administration of this chapter, with specific reference to the factors listed in this chapter.
(6) 
A statement by a professional architect or engineer licensed to practice in the State of New York assessing the potential impact on groundwater quality of the use or activity to be authorized by the variance.

§ 74-18 Zoning amendment; Aquifer Protection Map.

A. 
The Zoning Ordinance of the Town of Union, Broome County, New York, Chapter 205, Article III, § 205-6 is hereby amended to include the following:
District
Abbreviation
Zone I
Z1
Zone II
Z2
Zone III
Z3
B. 
Zone districts are shown, defined and bounded on a map titled "Town of Union Aquifer Protection Map," adopted contemporaneously with this chapter and certified by the Town Clerk, which accompanies and which, with all explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Aquifer Protection Map is included at the end of this chapter.