[HISTORY: Adopted by the Town Board of the
Town of Ramapo 6-4-2004 by L.L. No. 8-2004. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Aquifer and Well Field Protection Zone Law for the Town of
Ramapo."
The Town Board, in adopting this chapter, is desirous of preventing the introduction to the watershed of materials that pose a threat to the watershed and hence public health and safety. These include chemicals, petroleum products and by-products, salts, and hazardous substances. Since many of the uses generating such products are prohibited by Chapter 376, Zoning, of the Code of the Town of Ramapo, this chapter requires the identification of any potential point of introduction primarily through the site plan review process. Many permitted uses use chemicals that can be introduced through floor drains, septic systems, or even through the sewage collection and treatment systems. With the advent of on-site stormwater runoff control systems, there is a potential to introduce these materials to the watershed if drainage facilities are not designed to prevent potential contamination.
As used in this chapter, the following terms
shall have the meanings indicated:
The area of the Town of Ramapo as contained on the Town's
Aquifer and Well Field Protection Zone Map[1] representing wells, streams, water bodies, watercourses
and buffers.
Any opening in a floor or surface which receives spilled
materials.
Any substance listed pursuant to Article 37 of the New York
State Environmental Conservation Law and the Rules and Regulations
of the New York State Department of Environmental Conservation as
a "hazardous substance."
A list of activities that will require review by the Department
of Public Works and Building Inspector as part of site plan review
or by the Building Inspector in connection with an application for
a building permit.
[1]
Editor's Note: Said map is on file in the
office of Building, Planning and Zoning.
In furtherance of the above legislative findings,
an Aquifer and Well Field Protection Zone is hereby established which
shall include all property as shown on the Town's Aquifer and Well
Field Protection Zone Map.[1]
[1]
Editor's Note: Said map is on file in the
office of Building, Planning and Zoning.
The following activities are expressly prohibited
within the Aquifer and Well Field Protection Zone:
A.
Disposal wells.
B.
Stockpiling of animal wastes.
C.
Wastewater lagoons and pits: No open storage lagoons
and pits are permitted. All storage facilities must be inside buildings,
watertight, above ground, and must have received permits provided
by New York State Department of Environmental Protection.
D.
Disposal of toxic chemicals, industrial sludge, and
radioactive materials.
E.
Bulk fertilizer storage for agriculture and commercial
uses are prohibited unless they are within a completely enclosed structure
which will prevent any seepage and runoff.
F.
Pesticides and herbicides shall be used only by NYS
DEC permits and shall only be stored in completely enclosed structures
which will prevent any seepage and runoff.
G.
Storage tanks and pipelines for hazardous substances:
all underground facilities are prohibited; aboveground facilities
must be provided with containment structures and catchment areas.
H.
Salt stockpiles including chloride salts and nitrate
salts are prohibited unless in a completely enclosed building or structure
which will prevent any seepage and runoff.
The following regulated activities are subject to review by the Department of Public Works and Building Inspector pursuant to § 96-7 of this chapter:
A.
Any activity which involves:
A.
The above regulated activities shall be reviewed to
determine that the activity will not:
(1)
Alter the subsurface flow of groundwater to private
wells and existing and potential water supply wells.
(2)
Degrade the quality of groundwater through the introduction
of sewage wastes, stormwater runoff, liquid chemicals, petroleum products,
dissolved metals or other toxic substances.
(3)
Increase the long-term risk of groundwater contamination
through the siting, establishment, or expansion of uses which store,
transport, or utilize significant quantities of material which is
potentially harmful to groundwater quality.
(4)
Increase the long-term risk of groundwater contamination
of relatively small quantities of material which over a period of
time may accumulate in groundwater.
(5)
Increase the risk of groundwater contamination through
the removal of soils, sand, stone, or gravel which provide a protective
mantel for groundwater which is part of the geologic deposits comprising
the Town's aquifer.
B.
In matters requiring site development plan approval,
the Department of Public Works and Building Inspector shall provide
a report to the Planning Board as to their review of the regulated
activities. The Planning Board of the Town of Ramapo, in making a
determination on an application for site development plan approval,
shall consider the findings of the above report.
C.
In matters requiring a building permit but no site
development plan approval, the Building Inspector shall require compliance
with these standards in the building permit review.
The enforcement official as designated in § 376-140 of Chapter 376, Zoning, of the Code of the Town of Ramapo, as may be amended, shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this chapter. In addition, the Town of Ramapo may institute an appropriate action or proceeding in any court of competent jurisdiction pursuant to § 268 of the Town Law of the State of New York.
