[HISTORY: Adopted by the Town Board of the
Town of Schodack 7-28-2003 by L.L. No. 2-2003.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 118.
Freshwater wetlands — See Ch. 124.
Local waterfront revitalization program consistency — See Ch. 144.
Water regulations — See Ch. 175.
Water rates — See Ch. 177.
Water use — See Ch. 215.
A.Â
The Town Board of the Town of Schodack (the "Town"),
hereby determines that the public order, safety, health and welfare
of the Town requires the reasonable regulation of the manner in which
commercial, industrial, agricultural and residential use and development
occurs within the Town.
B.Â
The Schodack Terrace and Valatie Kill Aquifers and
other groundwater sources are among the most important natural resources
within the Town. In addition, the Moordener Kill, Valatie Kill, Vlockie
Kill, Muitzes Kill and other streams and water bodies within the Town
are valuable surface water resources that can recharge groundwater.
The purpose and intent of this chapter is to establish, protect, preserve,
and promote the safe use of the existing and potential groundwater
supply from development activities that may adversely affect the quality
or availability of water from the Town aquifers; 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. Such protection is particularly
warranted since significant Town aquifers are located directly beneath
the ground surface and the majority of the Town does not have a public
sewer system.
Definitions of terms used in this chapter shall be consistent with those contained in Chapters 188 and 219. However, for the purposes of this chapter only, the following words shall be interpreted and defined as follows:
Those activities directly related to agricultural production
on lands that would meet the requirements of Article 25-AA of the
New York State Agriculture and Markets Law. This includes lands that
are at least seven acres and produce average gross sales of at least
$10,000, or lands less than seven acres with average gross sales of
at least $50,000.
Manure and other animal waste derived from agricultural industries.
"Best practices" for nonpoint source pollution prevention
and water quality protection as established by NRCS standards, grower
groups or contained within the Agricultural Management Practices Catalogue,
prepared by the Agricultural Management Practices Subcommittee of
the New York State Nonpoint Source Management Practices Task Force
(May 1996), and as modified in the future.
In the context of these regulations, that body of gravel
and sand (shown on Plate 1[1]) directly below the land surface which will yield groundwater
to wells in sufficient quantity to satisfy the users' needs. Both
the unsaturated and saturated zones are considered to be the aquifer.
The holding or containment of dry, semidry or liquid materials
in large quantities, either packaged or loose, usually dispensed in
smaller quantities for sale, use or consumption.
The solid compounds or solutions of potassium chloride (commonly
used as fertilizer), calcium chloride or mixtures of chloride salt
with aggregates (commonly used for road maintenance during the winter)
or sodium chloride (commonly used for water-softener regenerations,
road maintenance).
An establishment primarily engaged in the furnishing of terminal
facilities for freight traffic for line-haul service, and in the movement
of railroad cars between terminal yards, industrial sidings and other
local sites.
A public water system which serves at least five service
connections used by year-round residents or regularly serves at least
twenty-five-year-round residents. A groundwater production well serving
such system shall be known as a "community supply well."
A site used for the deposition of wastes resulting from construction,
remodeling, repair and demolition of structures, road building and
land-clearing. Such wastes include, but are not limited to, roofing
shingles, bricks, concrete and other masonry materials, soil, rock,
lumber, road spoils, paving material, tree and brush stumps.
This area includes the gravel and sand aquifer and any land
within 1,000 feet of the edge of the aquifer. The boundary of this
area is shown on Plates 1 and 2.[2] For the purposes of aquifer protection, the aquifer and
the immediately adjoining area are considered one and the same.
A facility that utilizes dry-cleaning equipment to clean
fabrics and/or garments. Such equipment avoids saturating fabrics
with water, and instead uses chemicals such as perchloroethylene (PERC)
and petroleum-based solvents.
Subsurface water that saturates pore and fracture space in
the unconsolidated deposits and bedrock.
Any hazardous substance or hazardous waste listed in NYSDEC
regulations 6 NYCRR Parts 371 and 597.
The shortest horizontal distance from the nearest point of
a structure or object to the edge, margin or steep bank forming the
ordinary high water line of a surface water body.
A business engaged in the manufacturing of products that
are primarily composed of metallic raw materials. Included are the
three general functions of forming metal shapes, surface preparation
and metal finishing. Specific metal fabrication operations include:
forming, cutting, rolling, surface cleaning, anodizing, chemical conversion
coating, electroplating, electroles plating, painting, polishing,
hot dip coating, and etching.
The Natural Resources Conservation Service of the United
States Department of Agriculture.
The New York State Department of Environmental Conservation.
Water quality standards for the Department are listed in 6 NYCRR Part
703.
The New York State Department of Health.
Any system used for the disposal of sewage, industrial waste,
as defined in § 17-0105 of Article 17 of the New York State
Environmental Conservation Law, and 10 NYCRR Part 75 of the NYSDOH,
including but not limited to sewerage system and sewage treatment
works, on a site or parcel of land.
The storage of a material in such a way which permits exposure
to the elements of nature, degradation of storage containers, and
potential release of the stored materials.
Any petroleum-based product of any kind which is liquid at
20° C. (68° F.) under atmospheric pressure and has been refined,
re-refined, or otherwise processed for the purpose of being burned
as a fuel to produce heat or usable energy, or which is suitable for
use as a motor fuel or lubricant in the operation or maintenance of
an engine. Waste oil which had been reprocessed or re-refined and
which is being stored for sale or use as fuel or lubricant is considered
petroleum for purposes of this chapter.
Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any pest; and any substance or
mixture of substances intended for use as a plant regulator, defoliant
or desiccant; including herbicides, fungicides and insecticides.
Any discarded or waste material that emits ionizing radiation.
The Rensselaer County Department of Health.
The amount of material which, if spilled and released into
the environment, is required to be reported to the applicable local,
state and federal agencies, as specified in 40 CFR Parts 302.4 and
355 (Appendix A) and 6 NYCRR Parts 595 and 613. Examples of NYSDEC
reportable quantities for releases to land/water for some common materials
are:
Residue removed from wastewater disposal systems.
Any liquid or solid waste matter, together with such groundwater
infiltration and surface water as may be present, including mixtures
of sewage with industrial wastes or other wastes.
Any solid, semisolid or liquid waste generated from a public,
quasi-public, private, commercial or industrial wastewater treatment
plant, water supply treatment or air pollution control facility.
All discarded materials or substances, including but not
limited to garbage, refuse, industrial and commercial waste, sludge,
ashes, incinerator residue, demolition and construction debris, discarded
automobiles but not including domestic sewage or hazardous waste.
A New York State pollution and discharge elimination system
permit issued by the NYSDEC.
Any intentional or unintentional action or omission resulting
in an unpermitted releasing, spilling, discharging, leaking, or dumping
of petroleum product, or hazardous material so that such substances
may enter the environment.
The aboveground or belowground storage of any material for
a time period greater than 48 hours.
Any well now used as a source of groundwater supply.
Any stream, spring, pond, lake, reservoir, wetland, or channel
of water which ultimately flows over the aquifer, including but not
limited to the Moordener Kill, Vlockie Kill, Muitzes Kill, Valatie
Kill and their tributaries.
An establishment primarily engaged in the operation of terminal
facilities used by highway-type freight-carrying vehicles. Included
are facilities that provide vehicle maintenance and service, and warehousing
of freight. However, warehousing operations run by an entity that
uses its own trucks or leased trucks under their direct control for
moving their own goods shall not be considered tuck terminals. Establishments
primarily associated with local trucking (e.g., within a single municipality,
continuous municipality, or its suburban areas) and courier services
for individually addressed letters, parcels, and packages generally
weighing less than 100 pounds shall not be classified as a truck terminal.
Any one or a combination of tanks that are used to contain
an accumulation of hazardous materials or to store petroleum product
and whose volume is 10% or more beneath the surface of the ground.
This area of protection borders the Direct Recharge Area
on the upgradient side. It is typically composed of bedrock or glacial
till and is shown on Plates 1 and 2.[3]
United States Department of Transportation.
United States Environmental Protection Agency.
All areas lying within the boundaries of the Town of Schodack
that are composed of the Wellhead Protection Area., Direct Recharge
Area and the Upland Watershed Area, as shown on Plates 1 and 2.[4]
The portion of the Direct Recharge Area that includes an
inner well zone (five-hundred-foot radius) of a community well system,
and the area upgradient (maximum distance of one mile) from the system
through which groundwater may travel to the cone of depression. The
Wellhead Protection Areas for existing and potential future community
water systems are shown on Plates 1 and 2.[5]
[1]
Editor's Note: Plate 1 is on file in the Town
offices.
[2]
Editor's Note: Plates 1 and 2 are on file
in the Town offices.
[3]
Editor's Note: Plates 1 and 2 are on file
in the Town offices.
[4]
Editor's Note: Plates 1 and 2 are on file
in the Town offices.
[5]
Editor's Note: Plates 1 and 2 are on file
in the Town offices.
A.Â
The Water Quality Control District shall overlay all other zoning districts within the Town of Schodack. Any uses permitted in the zoning districts established in Chapter 219 shall also be subject to the provisions of this overlay district. In any case where conflicts arise between the Water Quality Control District regulations and any other existing regulations, the more restrictive regulations shall apply. Unless otherwise indicated, this chapter applies only to portions of the Town located within the Water Quality Control District, which is composed of the Wellhead Protection, Direct Recharge and Upland Watershed Areas, shown in Plates 1 and 2.[1] The provisions and requirements of this chapter shall
be in addition to any other applicable local, state or federal requirements.
[1]
Editor's Note: Plates 1 and 2 are on file
in the Town offices.
B.Â
The actual location of a proposed activity or intended
use, rather than the parcel boundary, on which the activity or use
occurs, shall be used to determine the applicable requirements of
this chapter.
C.Â
The lawful use of any buildings or use of land existing
at the time of adoption of this chapter may continue although such
use or building may not conform to the provisions of this chapter.
Future repair and maintenance, or structural alteration of an existing
use may occur, provided that the health and safety of the public will
be protected, NYSDEC water quality standards will not be violated,
and a new nonconformity is not created. This right shall extend to
the new property owner, in the event of a change in ownership.
D.Â
Nothing contained herein shall be deemed to limit the right to farm as set forth in Article 25-AA of the New York State Agriculture and Markets Law. Specific agricultural-related provisions are contained in § 223-6C(1)(k) and (l).
E.Â
The Town Board may, by resolution, adopt guidelines
governing site plan review, special permits, wastewater treatment,
monitoring, wells and water supply.
No federal, state, or local governmental agency
shall grant any permit or approval for any use or activity potentially
affecting water quality within any of the protection zones without
prior notice to the Town, unless otherwise preempted by law.
A.Â
The site plan review and special permit procedures established by this chapter shall be conducted in conjunction with the requirements in Chapter 219 of the Town Code.
B.Â
Special permits within the Water Quality Control District may be granted by the Planning Board upon a finding that the proposed project is consistent with the provisions of this chapter. A special use permit application shall contain the information required by Chapter 219 and the additional items listed in guidelines adopted by resolution of Town Board.
C.Â
Reimbursement for consultant fees incurred by the Planning Board shall be in conformance with Chapter 219.
D.Â
Special permits issued in accordance with this chapter shall have an initial duration of 18 months. Thereafter, permits will be subject to annual renewal, in accordance with § 219-75D. After the second annual renewal period, the Planning Board may lengthen the renewal lime duration, based upon the compliance record. The Town Board, by resolution, may establish the amount of fees charged for special permits and subsequent renewals.
E.Â
If there is a change of ownership or occupancy, the special permit will extend to the new owner, provided that the use does not change and the new owner complies with existing permit conditions. Any new activity that requires a building permit under Chapter 219 shall be subject to the requirements of this chapter, other than a use subject to § 223-3C.
The following uses are permitted or prohibited
within the Water Quality Control District, provided that all other
governmental permits, orders and approvals shall have been obtained.
A.Â
Uses permitted under the Town of Schodack Zoning Law (Chapter 219) are permitted in the Water Quality Control District subject to the provisions of this chapter.
B.Â
Upland Watershed Area. Requirements in this section
pertain to the portion of the Upland Watershed that is more than 1,000
feet from the aquifer.
(1)Â
All uses listed in Chapter 219 are allowed within the Upland Watershed Area subject to the following conditions:
(a)Â
It shall be unlawful for any person or commercial/industrial
entity to directly or indirectly throw, drain, or otherwise discharge
into the groundwater or surface water of the Town, substances that
cause an exceedance of NYSDEC water quality standards, unless such
activity is authorized by a permit from the appropriate regulatory
authority.
(b)Â
Bulk storage of coal, chloride salts, or mixtures
of chloride salts with aggregate shall only be allowed within watertight
structures. Any outside loading or handling area shall have a base
of impervious material that is graded or diked in such a manner to
prevent seepage and runoff. These storage, loading and handling areas
shall not be allowed within a linear distance of 200 feet from a surface
water body.
(c)Â
Solid waste landfills, construction and demolition
waste landfills, junkyards (including motor vehicle), vehicle salvage
operations, or metal salvage operations shall not be located within
a linear distance of 200 feet from a surface water body.
(d)Â
Septage waste and sewage sludge shall not be
deposited within a linear distance of 200 feet from a surface water
body, unless it is permitted by NYSDEC.
(e)Â
There shall be no commercial or industrial storage
of petroleum or hazardous materials within a linear distance of 200
feet of a surface water body.
(2)Â
Site plan review for municipal buildings and uses
will be required.
(3)Â
Hazardous and radioactive waste disposal are prohibited.
C.Â
Direct Recharge and Wellhead Protection Areas.
(1)Â
All uses permitted under Town zoning (Chapter 219) are allowed subject to the following conditions:
(a)Â
It shall be unlawful for any person or commercial/industrial
entity to directly or indirectly throw, drain, or otherwise discharge
into the groundwater or surface water of the Town, substances that
cause an exceedance of NYSDEC water quality standards, unless such
activity is authorized by as permit from the appropriate regulatory
authority.
(b)Â
Bulk storage of coal, chloride salts, or mixtures
of chloride salts with aggregate shall only be allowed within watertight
structures. Any outside loading or handling area shall have a base
of impervious material that is graded or diked in such a manner to
prevent seepage and runoff. These storage, loading or handling areas
shall not be located within 200 feet of any surface water body or
500 feet from a community supply well.
(c)Â
Permits for wastewater disposal shall be obtained
by the RCDOH or the NYSDEC, as required and provided to the Town.
The Town Board may adopt guidelines to supplement disposal standards.
(d)Â
The introduction into an existing on-site disposal
system of any material for which the system was not designed, or permitted,
that will potentially cause an exceedance of NYSDEC groundwater standards
is prohibited.
(e)Â
On-site disposal systems shall not be located
within 200 feet of a community supply well.
(f)Â
There shall be no open storage of hazardous
material or petroleum.
(g)Â
Activities at service repair shops involving
the use or potential spillage of hazardous materials or petroleum
shall be conducted on an impervious surface that is bermed or otherwise
constructed to contain spills or leaks.
(h)Â
Hazardous material storage for commercial/industrial
uses that is not regulated by NYSDEC shall only occur on an enclosed,
impervious surface that is bermed or otherwise constructed to contain
spills or leaks.
(i)Â
Petroleum shall be stored in individual containers
with a capacity less than 60 gallons or in aboveground tanks. The
tanks shall be installed on an impervious surface and be fully enclosed
by a structure that prevents exposure to outside weather or have secondary
containment with a minimum capacity equal to that of the tank(s).
Alternatively, petroleum may be stored belowground in tanks with a
combined capacity of over 1,100 gallons, if such storage conforms
to the requirements of 6 NYCRR Part 614. Any tank with a capacity
exceeding 1,100 gallons will require Planning Board review.
(j)Â
For parking lots and vehicle storage or sales
areas regularly holding 100 vehicles or more for at least five days
per week, or at vehicle washing facilities, gasoline sales and motor
vehicle service stations, an impervious surface (e.g., asphalt or
concrete) with water flow directed towards an appropriately sized
and maintained oil/water separator or water quality inlet structure
shall be required. Collected petroleum product and other waste materials
shall be removed as needed by a hauler licensed by the NYSDEC. The
Planning Board may require oil/water separators or water quality inlet
structures for other uses where petroleum is stored or transferred
or where less than 100 commercial trucks or construction vehicles
are stored. This provision may be waived if the site requires and
has obtained a NYSDEC SPDES permit.
(k)Â
Agricultural animal waste and fertilizer shall
not be landspread on the ground surface within 200 feet of a community
supply well.
(l)Â
Industrial, commercial and agricultural storage
and application of pesticides shall be consistent with NYSDEC standards.
(m)Â
Excavations or cut-ins that expose groundwater
within the Wellhead Protection Area are prohibited. This provision
does not apply to temporary (less than 60 days) construction-related
excavations or cut-ins.
(n)Â
Establishment of a centralized disposal area
for snow or ice removed from salted roadways or parking lots is prohibited
within the Wellhead Protection Area.
(3)Â
Additional uses that require a special use permit
are listed in Table 1.[1]
[1]
Editor's Note: Table 1 is included at the end of this chapter.
(4)Â
Prohibited uses are listed in Table 1.[2]
[2]
Editor's Note: Table 1 is included at the end of this chapter.
A.Â
The Planning Board may require any use authorized
pursuant to a permit issued under this chapter to install one or more
groundwater monitoring wells in a direction downgradient and/or upgradient
from on-site uses, only upon a finding that such monitoring is necessary
to assess impacts that are associated with on-site disposal systems
or petroleum/hazardous material storage areas. The specific location
of these groundwater monitoring wells shall be determined by a geologist,
engineer or other qualified professional, trained and experienced
in hydrogeology.
B.Â
The frequency and chemical analyses of required water
quality sampling from monitoring wells shall be determined on a site-specific
basis by the Planning Board.
C.Â
Access to wells shall be provided to the employees
of the Town for purposes of any additional water quality testing.
A.Â
Any person or entity that is required to report to
the federal or state government a spill or leak which exceeds the
reportable quantity shall also report such spill or leak to the Town
no later than the earlier within two hours of obtaining knowledge
of the spill/leak; or within one how of reporting such spill/leak
to any other agency that is entitled to receive such notice. Spills
during nonbusiness hours should be reported through the nonemergency
Town Police number (477-7973).
B.Â
All applicants for a permit under the New York State
Pollutant Discharge Elimination System (SPDES) shall simultaneously
submit a copy of the application to the Town Building Department.
C.Â
Any soil borings, well logs, groundwater quality sampling
results and aquifer pump test data collected during site development
activities shall be submitted to the Town Building Department for
review during the permit process.
A.Â
Variances to this chapter shall be pursuant to procedures established in Chapter 219, subject to the following additional requirements.
B.Â
Variances to this chapter may be granted by the Zoning
Board of Appeals after a review and recommendation by the Planning
Board. The Planning Board shall review whether the health and safety
of the public will be protected and that NYSDEC water quality standards
will not be violated by any variance.
C.Â
Plates 1 and 2 shall control the location of the Wellhead
Protection, Direct Recharge and Upland Watershed Areas, unless modified
by the Town Board after a request from the owner of said property.
This request shall include (as applicable) survey data and pertinent
subsurface hydrogeologic information such as boring logs, groundwater
depth, a description of the nature and thickness of the unconsolidated
deposits, depth to bedrock, as determined by borings, wells, or test
pits. This information shall be accompanied by a written opinion prepared
and signed by an engineer, geologist, or other qualified professional
in support of the modification.
D.Â
Upon conviction, a violation of this chapter shall
be deemed an offense as set forth in § 135 of the New York
State Town Law and shall be punishable by a fine of $350 to $5,000
for each and every such offense or imprisonment for a period not to
exceed 15 days, or both. Each day of violation shall constitute a
separate and additional violation. In addition to the above-provided
penalties and punishment, the Town Board 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 chapter. In addition, any party who discharges or causes
to be discharged pollutants in violation of this chapter shall be
liable to the Town for all costs incurred by the Town in taking remedial
or corrective action to halt or correct such illegal discharge, whether
these costs are incurred directly by the Town or indirectly through
the Town's contracting for such activities.
