[Added 1-11-1990 by L.L. No. 3-1990]
The purpose of the Groundwater Protection Overlay
GP District is to protect the public health, safety and general welfare
by preserving the quality and quantity of the Town's major groundwater
resources in order to ensure an adequate and safe water supply for
present and future residents, employees and the general public. The
designation of groundwater protection overlay districts and the establishment
of use regulations in such districts will further the preservation
of groundwater resources currently in use and those aquifers having
a potential for use as a source for substantial public or private
water supply.
In continuation of the groundwater and aquifer
policy adopted in December 1984 and set forth in Chapter 165 of the
Code, the Town Board of the Town of Somers has reviewed a Planning
Board commissioned report on the status and location of the Town's
groundwater titled "Groundwater Supply Overview of the Town of Somers,
New York," prepared by Leggette, Brashears & Graham, Inc., and
dated December 1988, and hereby finds that:
A.
The groundwater underlying the Town is a major source
of existing and potential future water supply, including drinking
water, and, as such, should be protected from contamination.
B.
Unregulated development in areas with sensitive hydrogeologic
formations of stratified drift aquifers and their primary recharge
areas in addition to accidental spills and discharge of hazardous
and toxic materials in those areas, can threaten the quality of the
groundwater supplies and related water resources in the Town, posing
potential health and safety hazards.
C.
Preventive measures and regulations should be adopted
to control the development of land and to control the discharge and
storage of hazardous materials within the hydrogeologic formations
to limit the potential adverse impact that such development and discharge
can create.
D.
The foregoing conclusions are set forth in the Water
Quality Management Plan of Westchester County prepared pursuant to
Section 208 of the Federal Clean Water Act and in Town-commissioned
studies.
E.
The Town has the power through zoning to effectuate
regulations that promote the public health, safety and general welfare.
A.
Lands. The provisions of this Article shall apply
to all real property lying within a Groundwater Protection Overlay
District. The "Groundwater Protection Overlay District" is defined
as an area designated on the Town of Somers Zoning Map containing
a primary recharge area for a stratified drift deposit known or believed
to be an aquifer. The boundaries of the district are indicated on
the official Zoning Map. The Groundwater Protection Overlay District
is based on the maps and report titled "Groundwater Supply Overview
of the Town of Somers, New York," prepared by Leggette, Brashears
& Graham, Inc., and dated December 1988.
B.
District mapping. The Groundwater Protection Overlay
District line shall be determined by the use of the scale appearing
on the Zoning Map. From time to time and to reflect new information
of a site specific nature, the Town Board may make amendments to the
mapping of Groundwater Protection Overlay Districts.
C.
Uses. The provisions, requirements and regulations
of this Article shall apply to all uses of land within Groundwater
Protection Overlay Districts and no land shall be used except in compliance
with the provisions, requirements and regulations of this Article.
A.
Relation to other regulations. The provisions in this
Article do not repeal, abrogate or annul any portion of the Code or
regulations of the Town of Somers, New York State or federal regulations
or existing private or public servitudes. In any case where there
are conflicting regulations, whichever regulation imposes the more
stringent restriction shall apply.
B.
Relation to underlying district. Nothing in this Article shall be construed to permit any use which is not currently permitted in the applicable underlying zoning district as established and regulated by this Chapter 170.
C.
Types of uses. All uses within the Groundwater Protection
Overlay District shall be deemed to fit into one of three categories
of uses:
The following uses are permitted without regulation
under this Article:
A.
The subdivision of a property into no more than two
lots of at least 40,000 square feet each for one-family detached dwellings
with roads that are designed to mitigate water quality impacts of
first flush runoff.
Uses permitted in the underlying district by other sections of this Chapter 170 and not listed in § 170-32.5 as a use permitted without regulation under Article IXA and not listed in § 170-32.7 as a prohibited use, shall require a special exception use permit from the Planning Board pursuant to § 170-32.8, § 170-115, Article XI and Article XVIII.
The following uses are prohibited uses within
the Groundwater Protection Overlay District:
A.
The disposal, storage or treatment of hazardous material
and solid or liquid waste material, except the storage of such hazardous
material in sealed containers for retail sale or for normal household
use. "Hazardous material" shall be defined as material which is a
present or potential danger to health or the environment when improperly
stored, transported, disposed or otherwise managed and also as any
other toxic, caustic or corrosive chemicals, radioactive materials
or other substance listed in Title 40 of the Code of Federal Regulations
or Part 366 of Title Six of the Official Compilation of Codes, Rules
and Regulations of the State of New York.
B.
The creation or manufacturing of any hazardous material.
C.
Dry wells directly connected to any storm drainage
system for a parking lot with more than four parking spaces, floor
drain, garage drain, wash basin or sink.
D.
Gasoline service and filling stations and automobile
service and repair facilities.
E.
Dry-cleaning and dyeing establishments and laundries
that use cleaning solvents.
F.
Photographic printing and processing labs.
G.
Furniture stripping and refinishing establishments.
H.
The storage of hydrocarbon products (excluding liquid
propane) except those necessary for residential use in homes and vehicles,
provided that such products are stored in appropriate containers.
[Amended 1-13-2022 by L.L. No. 4-2022]
I.
Disposal of hazardous materials used in medical and
dental office operations.
J.
Disposal of septic or sewage sludge or ash.
K.
Any storage of materials which, in the opinion of
the Planning Board, has the potential to contaminate or degrade groundwater
resources.
In addition to compliance with the requirements, as applicable, set forth elsewhere in the Code (in § 170-114 and in Chapter 144 for site plan review, in Chapter 150 for subdivision review and in § 170-115, Article XI and Article XVIII for special exception use review), as applicable, an applicant for a use subject to regulation in a Groundwater Protection Overlay District shall prepare or have prepared a hydrogeologic analysis of the property which shall be submitted to and reviewed by the Planning Board.
A.
Report purpose and content. The purpose of the hydrogeologic
analysis shall be to demonstrate whether the proposed use will result
in any degradation or contamination of groundwater intended to be
protected by the Groundwater Protection Overlay District. Such analysis
shall be prepared by a qualified hydrogeologist at the expense of
the applicant. Such analysis shall include:
(1)
Identification of the nature and importance
of the groundwater supply and recharge aspects of the individual property
upon which the use is proposed.
(2)
Establishment of a groundwater protection plan
which shall be implemented as part of the use. The plan, and its implementation
at the time of establishment of the use, shall be such that it will
mitigate any reasonable possibility of degradation or contamination
of the groundwater designated for protection. Particular design features
to mitigate the water quality impacts of first-flush runoff from paved
surfaces shall be included in the groundwater protection plan.
(3)
Drinking water.
(a)
A showing that the use, together with the implementation
of the groundwater protection plan, will not result in a violation
of the New York State Drinking Water Standard (10 NYCRR 5). The location
of measurement/testing would be in the groundwater within the downgradient
property line.
(b)
For nitrate-nitrogen, which is a significant
and persistent component of sewage disposed to the subsurface, the
groundwater protection plan shall demonstrate that the proposed activity
will not result in an average nitrate-nitrogen content exceeding six
milligrams per liter (consistent with a ninety-percent confidence
level that the New York State Drinking Water Standard of 10 milligrams
per liter will not be exceeded) at the downgradient property line.
(4)
An analysis of installation and/or extension
of a public or community sanitary sewer system as a mitigation measure
and as an alternative to septic systems.
B.
Planning Board review.
(1)
The Planning Board may, at the expense of the
applicant, arrange for a review of the hydrogeologic analysis by a
qualified professional. Such review shall be considered by the Planning
Board in rendering the decision on the application.
(2)
To the greatest extent practicable, the application
for a special exception use permit and the review of the hydrogeologic
analysis required under this section shall be coordinated with all
other review and permit procedures required by the Town of Somers,
including the environmental quality review process.
C.
Planning Board action.
(1)
After a review of the hydrogeologic analysis
and compliance with all other applicable procedures for the proposed
use, the Planning Board shall approve, deny or approve subject to
conditions the application for special use permit.
(2)
The Planning Board may attach such conditions
to the issuance of a permit as it determines are reasonable and necessary
to ensure the protection of the designated groundwater area. Any conditions
that are placed on the approval of a special exception use permit
shall be deemed to require the owner of the property to perform such
action. Such conditions may include, but are not limited to:
D.
Denial of application. A denial of a special exception
use permit shall not preclude an applicant from reapplying for a permit,
provided that the applicant has made significant changes which are
designed to eliminate potential degradation or contamination of the
groundwater.
E.
Applications for a special exception use permit under
this article shall be referred, after receipt, to the Open Space Committee
for its report and recommendations. The Open Space Committee shall
receive at least 30 days after transmittal to make its report and
recommendation.
[Added 9-10-1992 by L.L. No. 13-1992; amended 5-17-2012 by L.L. No. 3-2012]
