The Wellhead Protection Overlay (WPO) District shall be considered
as overlaying other existing districts and overlay districts as shown
on the Zoning Map. Any uses permitted in the underlying district(s)
shall be permitted in the WPO District except where the overlay district(s)
prohibits such use(s) or imposes greater or additional restrictions
and requirements. In any cases where conflicts arise between these
requirements and any other existing regulations, the more restrictive
regulations shall apply.
Uses and activities prohibited in the WPO District include the
following:
A.
Airports, flying fields, airport terminals, and/or airport maintenance
areas.
B.
Bottled water or bulk water facility, including supply source(s),
pumping station(s), etc.
C.
Car or vehicle washing establishment.
D.
Cemetery or crematory.
E.
Commercial garage or motor vehicle service.
F.
Commercial nursery or garden center.
H.
Convenience store associated with a filling station or gasoline service
station.
I.
Establishments for the cleaning and servicing of catch basins, cesspools,
septic tanks, sewers, tanks and boilers, or tank trucks.
J.
Facility with exterior storage or loading/unloading of hazardous
substances.
K.
Filling station or gasoline service station (automobile service station).
L.
Fleet storage area (car, bus, truck, etc.), including motor freight
transportation or motor vehicle passenger terminal.
M.
Fuel oil dealer, or petroleum products wholesaler, or wholesale distributor
of crude petroleum and petroleum products.
N.
Golf course.
O.
High-intensity use parking lot(s), defined as having average vehicle
trip generation rates of 1,000 or greater per day. Typical use examples
generating such rates include, but are not limited to: fast-food restaurants,
convenience stores, discount stores, discount clubs, lumber/home improvement
stores, shopping centers, supermarkets, etc. In addition, some uses
such as high-turnover (sit-down and drive-through) restaurants, drugstores,
drive-through banks, day-care centers, schools, hotels/motels, park-and-ride
lots, post offices, medical offices/clinics, hospitals, libraries,
and other institutions, which may generate average vehicle trip generation
rates of 1,000 or greater per day depending upon their size. The burden
of disproving a use as being associated with a high-intensity use
parking lot shall be on the applicant.
P.
Industrial or manufacturing facility subject to the NYSDEC State
Pollution Discharge Elimination System (SPDES) General Permit for
Stormwater Discharges or the USEPA National Pollution Discharge Elimination
System (NPDES) stormwater permit program.
Q.
Junkyard or vehicle salvage/recycling facility.
R.
Laundry, cleaning, or garment services, including dry cleaners, coin-operated
laundries, commercial or industrial laundries, carpet and upholstery
cleaners, and linen supply services.
S.
Maintenance and repair shops for major or small household appliances
and electrical entertainment devices (stoves, washers, televisions,
computers, DVD players, etc.) or low-power internal combustion engines
or electric motors (chain saws, lawn mowers, snowmobiles, etc.).
T.
Marina or boat service/maintenance facility.
U.
Municipal facility involving public works storage except for the
storage of equipment and supplies necessary for the safe provision
of public drinking water.
V.
Municipal or industrial sewage treatment facility with disposal of
primary or secondary effluent.
W.
Pest control services or establishments engaged in the wholesale
distribution of pesticides or herbicides.
X.
Pet cemetery or pet crematory.
Y.
Pipelines that carry petroleum (other than natural gas) or hazardous
substance/waste.
Z.
Quarry.
AA.
Stockpiling or storage of coal, deicing compounds, fertilizers, or
other bulk chemicals except in structures designed to prevent contact
with precipitation and constructed on low-permeability pads.
BB.
Storage of manure, except for the primary purpose of agricultural
use.
CC.
Surface land application of septage, sewage, sludge, or human excreta.
DD.
Wells or any other facility for oil, gas, gas storage, solution mining,
brine disposal, or geothermal resources.
EE.
Any use or activity that involves the on-site disposal of solid waste,
pathological or medical waste, petroleum, radioactive material, hazardous
substances, hazardous waste, or process wastes, including aqueous-carried
waste.
A.
Maximum impervious coverage. Applicable underlying zoning regulations
shall control for maximum impervious coverage, subject to the following
requirements:
(1)
For all proposed uses in the WPO District, the applicant must demonstrate
a system of stormwater management and treatment that results in the
site's post-development annual stormwater recharge volume to groundwater
to at least the site's pre-development annual groundwater recharge
volume. Such a system shall also: preserve hydrologic conditions that
maintain or replicate pre-development conditions, maintain or replicate
the pre-development hydrologic functions of storage, infiltration,
and groundwater recharge; prevent untreated discharges; reduce or
prevent flooding by managing the peak discharges and volumes of runoff;
minimize erosion and sedimentation; prevent degradation of water by
reducing suspended solids and other pollutants; and provide increased
protection of sensitive natural resources.
B.
Minimum lot size.
(1)
In the WPO District, the minimum size for lots served by private
sewage disposal systems (i.e., septic systems) shall be three acres.
(2)
In areas serviced by public sanitary sewer, the minimum size for
lots in the WPO District shall be that for the underlying zoning district
or applicable special area regulations for an overlay district.
The following provisions (and the provisions of § 165-46 above) shall be deemed to supplement the requirements of Chapter 140. Where any perceived conflict exists, the more restrictive regulations shall apply.
A.
Stormwater pollution prevention plan.
(1)
A stormwater pollution prevention plan (SWPPP) must be submitted
to the Planning Board for any proposed use in the WPO District, except
for farm operations located within a county-adopted, state-certified
Agricultural District (unless required under applicable New York State
Department of Environmental Conservation law or regulation). This
plan will detail the site's stormwater management and treatment system,
including the design and operational details that will:
(a)
Reduce or eliminate erosion and sediment loading to water bodies
during construction;
(b)
Control the impact of stormwater runoff on the water quality of the
receiving waters;
(c)
Control the increased volume and peak rate of runoff during and after
construction; and
(d)
Maintain stormwater controls during and after completion of construction.
(2)
The SWPPP must meet applicable stormwater quality/quantity sizing
criteria as well as performance criteria that are outlined in the
latest New York State Stormwater Management Design Manual. The SWPPP
shall also contain sufficient information for the Town to evaluate
the plan with respect to additional post-development stormwater management
criteria (see below). The SWPPP must be prepared and certified by
a New York State licensed professional engineer or landscape architect,
or a certified professional in erosion and sediment control (CPESC).
B.
Additional post-development stormwater management criteria for the
WPO District. In addition to the quality/quantity sizing and performance
criteria identified in the New York State Stormwater Management Design
Manual (as amended), all projects in the WPO District that are required
to submit a SWPPP shall achieve the following performance standards:
(1)
Groundwater recharge. The annual recharge from the post-development
site must equal or exceed the annual recharge from the pre-development
(existing) site conditions based upon soil types.
(2)
Recharge volume. The prescribed design volume of stormwater to be
recharged on the site (the so-called "groundwater recharge volume,
Rev") shall be determined by the method that
is contained in Appendix C of the 2007 document entitled "Wellhead
Protection Plan for the Village of Cazenovia Water Supply," prepared
by the New York Rural Water Association (and as that document may
be amended from time to time). A copy of this document is filed with
the Town Clerk or available through the Town's consulting engineer.
Different recharge values for soils may be used, provided that on-site
soil evaluations have been conducted and a professional geologist
clearly demonstrates that the recharge rate differs from the listed
values based upon soils, precipitation, and evapotranspiration.
(3)
Hydrologic conditions. The hydrologic conditions of the developed
site must maintain or replicate pre-development conditions through
adequate use of design techniques that infiltrate, filter, store,
evaporate, and detain runoff close to its source.
(4)
Sensitive areas. Stormwater discharges to groundwater shall not occur
within a distance of 800 feet of any public water supply well operated
by the Town or Village of Cazenovia.
(5)
Pretreatment. Stormwater runoff shall be directed to a pretreatment
device(s) such as water quality inlets, sediment traps, drainage channels,
water quality swales, etc. to help trap coarse materials before they
enter the primary stormwater management and treatment practice(s).
(6)
Emergency design measures. Stormwater management and treatment systems
should incorporate designs which allow for shutdown and containment
in the event of an emergency spill or other unexpected contamination
event.
(7)
Operation and maintenance plan. All stormwater management and treatment
systems must have an operation and maintenance plan to ensure that
the systems function as designed. Such a plan should include details
on how post-construction inspection and long-term maintenance is to
be carried out.
(8)
Performance bond and agreement. In order to ensure that funds are
available to finish the construction and ensure the proper functioning
of a stormwater management and treatment system(s), the Town shall
require the developer or contractor to provide, prior to construction,
a performance bond, escrow account certification, or irrevocable letter
of credit from an appropriate financial or surety institution which
guarantees satisfactory completion of the project and names the Town
as the beneficiary. The security shall be in an amount to be determined
by the reviewing board based on submission of final design plans in
the SWPPP, and an evaluation of projected construction costs by the
Town Engineer. A written agreement shall be entered into by the applicant
and the Town outlining the responsibilities of each party.
(9)
Maintenance bond and agreement. Where stormwater management and treatment
systems are to be operated and maintained by the developer or by the
owner of the property, the developer or owner, prior to final approval
of construction, shall be required to provide the Town with a maintenance
bond, escrow account certification, or irrevocable letter of credit
from an appropriate financial or surety institution to ensure proper
operation and maintenance of all stormwater management and treatment
systems for a twenty-year period. The estimated maintenance cost for
the facilities shall be based on a reasonable estimate provided by
the Town Engineer and adopted by the Town Board. The maintenance bond
shall guarantee the stormwater facilities against design defects and/or
failures in workmanship, and shall guarantee that the facilities constructed
under the permit will be regularly and adequately maintained throughout
the maintenance period. If the developer or owner fails to properly
operate and maintain the stormwater management and treatment system(s),
the Town may draw upon the account to cover the costs of proper operation
and maintenance. A written agreement shall be entered into by the
applicant and the Town outlining the responsibilities of each party.
A.
Uses requiring site plan review within the WPO District. Site plan
review by the Town of Cazenovia Planning Board shall be required for
all new and amended uses in the WPO District. The requirements of
this section shall supplement and be in addition to any other applicable
site plan review under this or another chapter.
B.
Site plan submittal requirements within the WPO District. In addition to other information that may be required for a site plan submittal as indicated in the Town Code (see, e.g., Chapter 107 and Chapter 133), the following information shall be provided with a site plan for a proposed use or activity located partially or wholly within the WPO District:
(1)
Location of the proposed use or activity in relation to the WPO District
boundaries.
(2)
Location and extent of existing (pre-development) and post-development
impervious surfaces.
(3)
Details regarding the proposed conveyance, storage, distribution,
generation, handling, use, and/or treatment of any sewage, process
wastes, aqueous-carried wastes, petroleum, hazardous substances, hazardous
waste, solid waste, radioactive material, and/or incidental wastes.
Include the estimated types and quantities of such materials to be
located on-site.
(5)
A description of all pollution control measures and activities proposed
to prevent on-site disposal and potential contamination of groundwater
or surface water, including spill response activities.
(6)
A statement as to the degree of threat to groundwater and surface
water quality that could result if the control measures failed.
(7)
A description of the provisions for the off-site disposal of any
solid waste, petroleum, radioactive material, hazardous substances,
hazardous waste, process wastes, and/or aqueous-carried waste (except
sewage).
(8)
If an on-site water supply is to be utilized, provide a description
of the proposed means of water supply, including, if applicable, an
estimate of the total daily groundwater withdrawal rate.
(9)
Other information as necessary to fully explain the project and evaluate
its potential impact upon the Town and Village of Cazenovia's public
water supply.
C.
Site plan review criteria and procedures. In addition to other site
plan review criteria and procedures indicated elsewhere in the Town's
Code, the Planning Board shall also review all site plans located
partially or wholly within the WPO District as appropriate in terms
of the following criteria:
(1)
Adequacy of the SWPPP in meeting criteria established in the New York Stormwater Management Design Manual as well as additional post-development stormwater management criteria identified in § 165-47.
(2)
Adequacy of proposed control measures to prevent the on-site disposal
of solid waste, pathological or medical waste, petroleum, radioactive
material, hazardous substances, hazardous waste, or process waste,
including aqueous-carried waste.
(3)
Adequacy of the provisions for off-site disposal of solid waste,
hazardous waste, process waste, and other wastes generated.
(4)
The degree of threat to public water supply wells in the event that
contamination control measures or devices at the site should fail.
(5)
Adequacy of spill response and containment plans to minimize groundwater
or surface water contamination.
(6)
Adequacy of plans and resources to properly construct and regularly
maintain contamination control devices.
D.
Planning Board findings. In addition to other considerations in the Town's Code (see, e.g., Chapter 133) in order to approve a site plan for purposes of authorizing a building permit in the WPO District, the Planning Board shall make the following findings:
(1)
The proposed use and site plan comply with all regulations applicable
to the WPO District.
(2)
The proposed use and site plan will not adversely impact the pre-development
hydrologic functions of the site, including the preexisting volume
of annual groundwater recharged at the site, the quantity and direction
of preexisting drainage eventually draining to the zone of contribution,
etc.
(3)
The proposed use will not adversely impact upon the preexisting quality
of groundwater or surface water leaving the site's boundaries.
(4)
The proposed use is to be located, developed, and maintained in such
a manner as to not adversely impact the long-term quantity or quality
of groundwater available to public water supply wells operated by
the Town and/or Village of Cazenovia.
Land within the WPO District is hereby designated as a critical
environmental area pursuant to SEQR, 6 NYCRR 617.14(g). As such, any
unlisted action under SEQR shall be automatically reviewed as a Type
I action.
