A.
In addition to the use district regulations established in Article II through Article IV of this chapter, certain of the areas involved within the various use districts possess particular characteristics which require that there be special or supplemental district regulations, which regulations are set forth in this article.
A.
Purpose.
(1)
The purpose of the Floodway Zone District is to protect the health,
safety and welfare of the inhabitants of the City of Cortland from
hazards due to periodic flooding. The unmanaged use, alteration of
topography, excessive filling, channel encroachment and other acts
which affect the natural discharge of water through floodplains must
be regulated in order to prevent or mitigate floods.
C.
Establishment of Floodway District; boundaries.
(1)
There is hereby established a Floodway District to accomplish the
purposes of this district. The boundaries of the Floodway District
are based upon an area comprising the channel of a river or other
watercourse and the adjacent land areas required to carry and discharge
a flood of a given magnitude without increasing water surface elevation
more than one foot.
D.
Floodway District permitted uses. This section supersedes all of the use regulations contained in Articles II through V regarding the underlying use district.
(1)
Allowed uses by right:
(a)
General farming, including but not limited to the growing and
raising of trees, vines, shrubs, berries, vegetables, nursery stock,
hay, grains and similar food and fiber crops.
(b)
Historic, scientific and scenic area preservation.
(c)
Lawns, gardens and play areas.
(d)
Off-street parking areas, provided that no overnight parking
is permitted.
(e)
Open recreation uses such as parks, playgrounds, play fields,
golf courses, driving ranges and outdoor tennis courts, but not including
such intensive commercial recreational uses as a racetrack or amusement
park.
(f)
Sale of agricultural products grown, raised or produced on the
premises.
E.
Floodway District area regulations.
(1)
In the Floodway District, area regulations of the underlying zoning
district shall apply.
F.
Administration of floodway and flood hazard zones.
(1)
A development permit shall be obtained before construction or development
begins within the Floodway District or the Flood Hazard District.
Application for a development permit shall be made on forms furnished
by the Zoning Officer and may include, but not be limited to, plans
in duplicate drawn to scale showing the nature, location, dimensions
and elevations of the area in question, existing or proposed structures,
fill, storage of materials, drainage facilities and the location of
the foregoing.
A.
Purpose and intent.
(1)
The jurisdiction of the City of Cortland, New York, recognizes that
its residents rely on groundwater for their safe drinking water supply
and that certain land uses can contaminate groundwater, particularly
in the formation known as the "Otter Creek/Dry Creek Aquifer." To
ensure the quality and quantity of these drinking water supplies,
this section establishes a zoning overlay district to be known as
the "Wellhead Protection Overlay District" (the "District"). The purpose
of the Wellhead Protection Overlay District is to protect public health
and safety by minimizing contamination of the Otter Creek/Dry Creek
Aquifer (the "aquifer") and preserving and protecting existing and
potential sources of drinking water supplies. It is the intent to
accomplish this through both public education and public cooperation,
as well as by creating appropriate land use regulations that may be
imposed in addition to those currently imposed by existing zoning
districts or other regulations.
(2)
The Wellhead Protection Overlay District is superimposed on current
zoning districts and shall apply to all new construction, reconstruction
or expansion of existing buildings and new or expanded uses. Applicable
activities/uses allowed in a portion of one of the underlying zoning
districts that fall within the Wellhead Protection Overlay District
must additionally comply with the requirements of this district. Uses
prohibited in the underlying zoning districts shall not be permitted
in the Wellhead Protection Overlay District.
C.
Scope of the Wellhead Protection Overlay District.
(1)
The Wellhead Protection Overlay District is designated as the area
within the Cortland City limits, represented as Wellhead Protection
Zones 1a and 2 on the map prepared by the Cortland County Planning
Department.[1] The methodology used to determine the extent of the Wellhead
Protection Overlay District is described in a memorandum from the
Cortland County Soil and Water Conservation District, dated March
30, 2011, with accompanying diagrams. The memorandum and diagrams
are attached to this section as Appendix A.[2]
(2)
Critical environmental area: The portion of the Wellhead Protection
Overlay District that lies outside of the previously designated City
Water Works property is by this section designated as a critical environmental
area pursuant to Sections 617.14(g) and 617.7 (State Environmental
Quality Review Act[3]) of the regulations of the New York State Department of
Environmental Conservation.
[3]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
D.
Encouraged uses. The following uses are encouraged within the district, provided they meet the performance standards outlined in Subsection I below and are designed so as to prevent any groundwater contamination:
(1)
Parks, greenways, community gardens or publicly owned recreational
areas such as foot and bicycle paths, ski and snowshoe trails and
bridges for these activities.
(2)
Necessary public utilities/facilities, including the construction,
maintenance, repair and enlargement of drinking water supply related
infrastructure such as, but not limited to, wells, pipelines and treatment
facilities.
(3)
Conservation efforts for soil, water, plants and wildlife.
E.
Permitted uses.
(1)
All existing uses allowed by right or special permit in the underlying
zoning district as of the date of enactment of this section shall
be permitted in the Wellhead Protection Overlay District, subject
to the provisions of this section.
(3)
New construction, including but not limited to expansion of dwellings, structures or parking areas, consistent with the permitted uses in Subsection E(1) above, shall meet all applicable performance standards outlined in Subsection I below, shall not include any uses prohibited by this section and shall further comply with all underlying zoning and/or permitting requirements.
(4)
Any existing use within the new Wellhead Protection Overlay District must conform to provisions of the underlying zoning district and this section and must meet the performance standards outlined in Subsection I below.
(5)
Expansion of existing uses to the extent allowed by the underlying district must meet the provisions of this section and the performance standards outlined in Subsection I below. Such expansions shall be subject to Subsection E(6) of this section and shall be allowed only under the terms of a special permit.
(6)
The City of Cortland Planning Commission shall review all special
permit applications and shall not grant approval unless it finds such
expansion conforms to all specifications of the Wellhead Protection
Overlay District and does not pose greater potential contamination
of groundwater than the existing use.
(7)
Applicants for special permits shall provide the Planning Commission
with all information necessarily requested by those bodies in order
to evaluate the potential for groundwater contamination posed by the
subject of the permit. Such information shall include, but not be
limited to, a site plan and description of the anticipated use and/or
operation of the subject. The Planning Commission may additionally
request analyses conducted by qualified professionals of the hydrogeologic
impact of the subject application and may consult with the City of
Cortland Environmental Advisory Committee to aid in their deliberations.
Any costs related to the provision of such information shall be borne
by the applicant. Failure to provide such information may result in
denial of the special permit application.
F.
G.
Prohibited uses. The following uses and activities are prohibited
within the Wellhead Protection Overlay District:
(1)
All facilities involving the collection, handling, processing, manufacture,
use, application, storage, transfer, discharge or disposal of any
hazardous material, toxic substance, solid or liquid waste or radioactive
material.
(2)
Automobile body/repair shop.
(3)
Fuel stations and petroleum storage facilities.
(4)
Fleet/trucking/bus terminal.
(5)
Dry cleaner.
(6)
Electrical/electronic manufacturing facility.
(7)
Machine shop.
(8)
Metal plating/finishing/fabricating facility.
(9)
Chemical processing/storage facility.
(10)
Wood preserving/treating facility.
(11)
Junk/scrap/salvage yard.
(12)
Mines/gravel pits.
(13)
Irrigated nursery/greenhouse stock.
(14)
Confined animal feeding operations.
(15)
On-site wastewater treatment (i.e., septic) systems.
(16)
Equipment maintenance/fueling areas.
(17)
Injection wells/dry wells/floor drains, except for R-1 and R-3
residences directing gutter downspouts and floor drains to a dry well.
(18)
Underground storage tanks for any chemical or petroleum-based
material.
(19)
Open liquid waste ponds.
(20)
Open storage of pesticides, herbicides and fungicides.
(21)
Enclosed storage of pesticides, herbicides and fungicides in
quantities greater than needed for typical household use.
(22)
Open storage of coal.
(23)
Open storage of chloride salts or other deicing agents.
(24)
The dumping or disposing of snow or ice collected off-site from
roadways or parking areas.
(25)
Exploration and drilling for natural gas or petroleum.
(26)
All uses not permitted in the underlying zoning district.
H.
Special use provisions.
(1)
A special permit shall be required for all newly installed home heating
oil tanks, which shall be dual-walled, include containment structures
equal to at least 110% of the tank's capacity, and are subject to
compliance with those standards described in Articles XIX, XX and
XXI of the Sanitary Code of the Cortland County Health Department
and New York State petroleum bulk storage regulations (6 NYCRR Parts
611 through 614).
(2)
Application of pesticides, herbicides, fungicides or chemical fertilizers
shall be performed in accordance with the manufacturer's labeling
and recommendations. Property owners who enlist the services of a
commercial pesticide, herbicide or fungicide applicator shall ensure
that the applicator is certified and licensed by the New York State
Department of Environmental Conservation.
(3)
The handling, storage, transfer and use of small fluid quantities
(20 gallons or less) of refined petroleum products (e.g., gasoline,
kerosene, motor oil) for personal, noncommercial purposes is permitted
in the district. Waste materials shall be captured and disposed of
at authorized collection centers. Spillage shall be contained through
the use of absorbent materials or a secondary containment system.
The use of water to flush spilled petroleum product residue onto permeable
surfaces or into storm drains or dry wells is prohibited.
(4)
The residential washing of motor vehicles, outdoor furnishings and
equipment on an intermittent, noncommercial basis is permitted in
the district. Such activity will be performed using only non-petroleum-based
cleaning products. It is the recommended practice that wastewater
from these undertakings be discharged only to permeable, vegetated
surfaces.
(5)
Newly constructed motor vehicle parking areas shall conform to all
state and local regulations governing such development that exist
at the time this section is enacted or that may be established at
a later date.
I.
Performance standards. The following standards shall apply to uses
in the Wellhead Protection Overlay District:
(1)
Excepting the special use provision in Subsection H(3) above, any facility involving the collection, handling, manufacture, processing, use, application, storage, transfer, discharge or disposal of any potentially hazardous solid or liquid material or wastes must have a secondary containment system equal to at least 110% of the primary vessel's capacity and which is easily inspected and whose purpose is to intercept any leak or release from the primary containment vessel or structure. Underground tanks or buried pipes carrying such materials must additionally have double walls and inspectable sumps.
(2)
Storage of petroleum products in quantities exceeding 20 gallons at one locality in one container must be in elevated steel tanks; such tanks must have a secondary containment system as noted in Subsection H(1) above.
(3)
All permitted facilities must adhere to appropriate federal and state
standards for storage, handling and disposal of any hazardous waste
materials.
(4)
An acceptable contingency plan for all permitted commercial facilities
must be prepared for preventing hazardous materials from contaminating
the aquifer should floods, fire or other natural catastrophes, equipment
failure or releases occur:
(a)
For flood control, all underground facilities shall include
but not be limited to a monitoring system and secondary standpipe
above the 100-year flood control level for monitoring and recovery.
For aboveground facilities, an impervious dike, above the 100-year
flood level and capable of containing 100% of the largest volume of
storage, will be provided with an overflow recovery catchment area
(sump).
(b)
For fire control, plans shall include but not be limited to
a safe fire-fighting procedure, a fire retarding system, effective
containment of any liquid runoff and provide for dealing safely with
any other health and technical hazards that may be encountered by
disaster control personnel in combating fire. Hazards to be considered
are pipes, liquids, chemicals or open flames in the immediate vicinity.
(c)
For equipment failures, plans shall include but not be limited
to:
[1]
Below ground level, removal and replacement of leaking parts,
a leak detection system with monitoring and an overfill protection
system.
[2]
Above ground level, liquid and leaching monitoring of primary
containment systems, the replacement or repair and cleanup and/or
repair of the impervious surface.
(d)
For any other release occurring, the owner and/or operator shall
report all incidents involving liquid or chemical material to the
Superintendent of the City of Cortland Water Department.
(e)
Since it is known that improperly abandoned wells can become
a direct conduit for contamination of groundwater by surface water,
all abandoned wells must be properly plugged according to local and
state regulations.
J.
Special permits. In addition to or in accordance with all other provisions
of this section, the following uses or activities shall require the
applicant to obtain a special permit from the City of Cortland Planning
Commission upon recommendation of the Cortland County Planning Board:
(1)
Any use or activity existing as of the effective date of this section
which is prohibited by this section.
(2)
Newly installed home heating oil tanks.
(3)
Noncommercial storage of petroleum products in quantities exceeding
20 gallons.
(4)
Any development of a site which results in an increase in impervious
surface of the site by 5,000 or more square feet.
(5)
Any use that renders impervious more than 60% of the lot.
K.
Liability. Nothing in this section shall be construed to imply that
the City of Cortland or any of the departments in its jurisdiction
has accepted any of an owner/developer's liability if a permitted
facility or use contaminates groundwater in any aquifer.
L.
District boundary disputes. If the location of the Wellhead Protection
Overlay District boundary in relation to a particular parcel is in
question, resolution of boundary disputes shall be through a special
permit application. The burden of proof shall be upon the owner(s)
of the property to demonstrate where the boundaries of the district
with respect to their individual parcel(s) of land should be located.
If the owner(s) request that the Planning Commission determine more
accurately the boundaries of the district with respect to individual
parcels of land, the Commission may consult with qualified environmental
regulatory staff or engage a professional engineer, hydrologist, geologist
or soil scientist and charge the owner(s) for the cost of the investigation.
M.
Change in use or ownership.
(1)
Where a special permit has been issued, a change in either use or
ownership requires an application for a new special permit.
(2)
In the event that a change in ownership does not result in any change
in use, the special permit shall be reviewed by the Planning Commission
and shall be regranted if all requirements of this section are met
or have been updated to meet current standards under this section.
N.
Public hearing. A public hearing shall be held prior to final consideration
of the request for a special permit. Notice of the public hearing
shall be published in the official City newspaper not more than 10
days nor less than five days before the date of the public hearing.
P.
Map amendment. The official Zoning Map is hereby amended to include
the Wellhead Protection Zones map prepared by the Cortland County
Planning Department, said map bearing the same date as the adoption
of this section.
