[Added 11-2-2009 by L.L. No. 1-2009]
The purpose and intent of this article is to establish, protect,
preserve, and promote the safe use of the existing and potential groundwater
supply from developmental or land use practices that may adversely
affect the quality or availability of water from the Town wells; 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. This
article shall not be used to discourage responsible operation, expansion,
and/or establishment of any business, farm or home.
For the purposes of this article only, the following words shall
be interpreted and defined as follows:
Storage within a tank or other container whose volume is
more than 90% above final ground elevation.
Manure obtained from agricultural industries.
The water-saturated subsurface geologic formations which
can yield amounts of water to wells or springs and which now or subsequently
may be developed for use as a public water supply source.
Those methods and practices for the control, storage, handling
and use of chloride salt, herbicides, pesticides, fertilizers and
other toxic substances which are developed and adopted by the Town,
the NYS Department of Environmental Conservation, NYS Department of
Transportation, and the NYS Department of Health.
The solid compounds or solutions of potassium chloride (commonly
used as fertilizer), calcium chloride (commonly used for road maintenance
during the winter), or sodium chloride (commonly used for water softener
regenerations).
Any existing or proposed man-made structure or activity on
or to improved or unimproved real estate, including, but not limited
to, the construction or reconstruction of buildings and/or structures,
excavation, dredging, filling, and/or grading of land.
A written evaluation prepared by a permit applicant which
provides a description of a proposed project or development and a
detailed analysis of the magnitude and significance of its environmental
affects, as defined in 6 NYCRR Part 617.[1]
Any commercially produced mixture generally containing phosphorus,
nitrogen and potassium or a combination of two of these elements or
a singular one for the same general purpose, i.e., intended for application
to the ground or plants directly to increase nutrients to plants.
This includes natural and artificially produced fertilizers.
Any water beneath the land surface in the saturated zone
that is under atmospheric or artesian pressure and that enters wells
and springs.
Any substance listed as a hazardous substance in 6 NYCRR
Part 597, Hazardous Substance List, or a mixture thereof. In general,
a hazardous substance means any substance which:
Because of its quantity, concentration, or physical, chemical
or infectious characteristics poses a significant hazard to human
health or safety if improperly treated, stored, transported, disposed
of, or otherwise managed;
Poses a present or potential hazard to the environment when
improperly treated, stored, transported, disposed of, or otherwise
managed;
Because of its toxicity or concentration within biological chains,
presents a demonstrated threat to biological life cycles when released
into the environment.
Any waste, or combination of wastes, which are identified
or listed as hazardous pursuant to 6 NYCRR Part 371, Identification
and Listing of Hazardous Wastes. Hazardous wastes include but are
not limited to petroleum products, organic chemical solvents, heavy
metal sludges, acids with a pH less than or equal to 2.0, alkalines
with a pH greater than or equal to 12.5, radioactive substances, pathological
or infectious wastes, or any material exhibiting the characteristics
of ignitability, corrosivity, reactivity, or fails the Toxicity Characteristic
Leaching Procedure (TCLP).
Any substance that by chemical reaction inhibits or destroys
plants. Use of herbicides includes actual use and not simply intended
use per the manufacturer.
Human feces and urine.
The characteristics that describe the hydrology and the geology
at a given site. This includes but is not limited by the type, permeability,
capability and origin of the surface and subsurface soil material;
depth, rate of recharge, direction of flow and yield of groundwater;
and depth to bedrock.
Animal feces and urine, including commercially dehydrated
or partially dehydrated manure.
Any lawful use or development of land undertaken by the Town
of Collins.
Manure obtained from nonagricultural industries (i.e., kennel
wastes).[2]
Any substance used to destroy or inhibit the growth of pests,
such as rodents and insects.
Any petroleum-based oil of any kind which is liquid at 20°
C. under atmospheric pressure and has been refined, rerefined, or
otherwise processed for the purpose of:
Ionizing radiation, i.e., any alpha particle, beta particle,
gamma ray, x-ray, neutron, high-speed proton, and any other atomic
particle producing ionization, but does not include any sound or radio
wave, or visible infrared or ultraviolet light.
Any material that emits radiation.
An operation following EPA, CAFO and AFO regulations, in
regards to animal agriculture and following state/local government
regulation/requirements in regards to home building and business operation/expansion/establishment.
All putrescible and nonputrescible solid wastes, including
garbage, manure, rubbish, ashes, incinerator residue, street cleaning,
dead animals, offal and solid commercial and industrial wastes.
Any liquid or solid waste matter from a domestic, commercial,
private or industrial establishment which is normally carried off
in sewers or waste pipes.
Any system used for disposing of sewage, including treatment
work.
Any solid, semisolid or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply
treatment, or air pollution control facility. Sludge does not include
the treated effluent from a wastewater treatment plant.
All putrescible and nonputrescible materials or substances
that are discarded, abandoned, or rejected as being spent, useless,
worthless or in excess to the owners at the time of such discard or
rejection, including, but not limited to, garbage, refuse, industrial
and commercial waste, sludges from air or water treatment facilities,
rubbish, tires, ashes, contained gaseous material, incinerator residue,
construction and demolition debris, discarded vehicles and offal.
The temporary, final and new operation permits issued by
the Town Board or its duly appointed representatives pursuant to compliance
with this article.
The storage of virgin or waste chemical hazardous substances,
including petroleum products above or below the surface of the ground,
except that which is stored in the operating tank of a currently registered
motor vehicle, or that which is stored in quantities of five gallons
or five pounds dry bulk or less and held for lawful domestic use on
the premises where it is stored.
The natural and existing flow of overland runoff and excess
water.
Those water bodies which are identified as drainage features
(perennial stream or river, intermittent stream, canals, ditches,
etc.), lakes, ponds, reservoirs, springs, or wetlands on United States
Geological Survey or New York State Department of Transportation 7.5-minute
topographic maps, United States Department of Agriculture soil survey
maps or wetland maps by the New York State Department of Environmental
Conservation.
The Town of Collins, New York.
The Board of the Town of Collins, New York.
The duly established Planning Board of the Town of Collins,
New York.
Any treatment plant, sewer, disposal field, lagoon, pumping
station, septic system, construction drainage ditch or surface water
intercepting ditch, incinerator, area devoted to sanitary land fill,
or other works not specifically mentioned in this definition, installed
for the purpose of treating, neutralizing, stabilizing or disposing
of sewage.
Storage within a tank or other container whose volume is
10% or more beneath the surface of the ground.
The failure to comply with or conform to the provisions of
this article.
Any well now used as a source of the Town's water supply
as regulated pursuant to Public Health Law § 1100, and Title
10 (Department of Health), § 113.6, of the Official Compilation
of Codes, Rules, and Regulations of the State of New York, or any
additional well which may be constructed within the district established
by this article and used as a source of the Town's water supply.
A Wellhead Protection Overlay District (WPOD) as delineated in § 305-32 is hereby created and shall be considered as overlaying all other zoning districts within the Town. Any uses permitted in the districts so overlaid shall be permitted only subject to all of the provisions of this article. In any case where conflicts arise between the Wellhead Protection Overlay District regulations and any other existing regulations, the more restrictive regulations shall apply.
The following uses are permitted within the Wellhead Protection
Overlay District, provided that all necessary permits, orders or approvals
as required by the Town, County of Erie and the State of New York
and the United States of America shall have been obtained:
A.
All uses currently permitted under this chapter for the district
in which the premises are situated are permitted in the Wellhead Protection
Overlay District subject to the provisions of this article.
B.
Nonconforming uses:
(1)
The lawful use of any building or the use of land existing at the
time of the adoption of this article may be continued, although such
use or building may not conform to the provisions of this article.
A nonconforming use, however, may not be changed to a more intensive
nonconforming use, nor shall a conforming use be changed to a nonconforming
use. Any nonconforming use when changed to a conforming use shall
not thereafter be changed back to a nonconforming use. A nonconforming
use, building or structure shall not be enlarged, altered, or extended
or operated in any way which increases its threat to groundwater quality
or otherwise contravenes the purpose and intent of this article.
(2)
Whenever a nonconforming use has ceased for a period of one year,
any future use shall be in conformity with the provisions of this
article.
A.
The following uses and activities are not permitted in the Wellhead
Protection Overlay District:
(1)
Depositing of solid waste, hazardous waste, or hazardous substances
on or beneath the surface of the ground or into a surface water body;
(2)
Establishment or operation of any solid waste management facility
or hazardous waste treatment, storage, or disposal facility, including,
but not limited to, solid waste storage area or facility; transfer
station; rail-haul or barge-haul facility; raw waste landfill; sanitary
landfill, solid waste landfill; ash landfill; construction and demolition
debris landfill; disposal facility; solid waste incinerator; refuse-derived
fuel processing facility; pyrolysis facility; construction and debris
processing facility; land application facility; composting facility
surface impoundment; used oil storage, reprocessing, and refining
facility; recyclables handling and recovery facility; waste the storage
facility; junkyard; vehicle or metal salvage yard; impoundment yard;
dump; radiological waste facility; pathological or medical waste facility;
or hazardous waste treatment, storage or disposal facility;
(3)
Storage or stockpiling of any agricultural or nonagricultural associated
animal waste, except where provisions have been made for an approved
waste management system to prevent contravention of a water quality
standard due to seepage, leachate, or runoff from animal waste;
(4)
Discharging or allowing any sewage or polluted liquid of any kind
to flow on or beneath the surface of the ground, except in watertight
pipes connected to a sewage disposal system for which a permit has
been granted by the appropriate Town, state and county agency having
jurisdiction over such facilities;
(5)
Underground storage of petroleum;
(6)
Aboveground storage of petroleum except where best management practices
are in place. Best management practices include but are not limited
to secondary barriers, automatic alarm systems and groundwater monitoring
capabilities;
(7)
Stockpiling or dumping of snow containing chloride salt or other
deicing chemicals;
(8)
Open storage of fertilizers;
(9)
Exterior excavations or cut-ins which expose groundwater permanently
or during maximum elevation of the water table, or which significantly
reduce the thickness of the soil cover and thereby ease the entrance
of contaminants into the groundwater;
(10)
The new operation or expansion of existing sand and gravel mining
or dredging operations;
(11)
Deposit, spreading upon or beneath the surface of the ground,
disposal or burial in the ground of any radioactive material;
(12)
Deposit or spreading upon or beneath the surface of the ground
of any human excreta, sewage or sludge;
(13)
The construction and operation of any new water supply, except
under permit from the Town Board;
(14)
Abandonment of any drilled water supply wells without filling
the same with cement grout. A well not utilized within one year of
development shall be considered abandoned;
(15)
Manure spread on frozen ground if there is any likelihood that
surface runoff will be carried into streams;
(16)
Manure application during snow melt, heavy rainfall, or saturated
ground conditions;
(17)
Storage or land application of manure within 100 feet of a surface
water body or within 200 feet of a well;
(18)
Storage of sludge, hazardous substances, or hazardous wastes
unless authorized by an applicable state or federal permit or required
for the provision of drinking water;
(19)
The new operation or expansion of existing treatment works;
(20)
Commercial or agricultural use, storage, and/or application
of pesticides without applicable certification from the New York State
Department of Environmental Conservation;
(21)
The use and storage of chloride salts, except in quantities
of less than 60 pounds and held for domestic use on the premises where
stored in accordance with best management practices;
(22)
Any land use development otherwise permitted in the zoning districts
or district underlying this Wellhead Protection Overlay District,
but which development, after a thorough environmental review pursuant
to the State Environmental Quality Review Act (SEQRA), has been determined
to present such adverse environmental impacts upon the quality and
availability of groundwater as to prohibit the development of the
use under any circumstances;
(23)
Any substance or land use prohibited by state or federal law,
rule or regulation;
(24)
Construction of commercial pipelines or piping systems that
carry petroleum or liquid hazardous substances/waste.
B.
Nothing in this section shall prevent the lawful use and storage
of pesticides, herbicides, manure, chloride salts, chlorinated cleaning
solvents or aromatics, or any commercial or industrial chemicals by
the Town of Collins when necessary for construction purposes, building
or grounds maintenance, or provision of drinking water and when using
best management practices, but such use or storage shall not in any
event take place within 250 feet of any well operated by the Town
as a part of its public water supply excepting chemicals used to treat
that municipal water supply.[1]
All permitted uses of property within the Wellhead Protection
Overlay District pursuant to this article shall be allowed only upon
obtaining a special permit from the Town Board, except that the following
uses shall not require issuance of such a permit:
A.
Residential development of real property. No septic system shall
be located within 300 feet of a municipal well.
B.
Commercial and industrial development of real property of less than
$10,000 in development costs and where the Code Enforcement Officer
determines that there is no likelihood of any use or activity prohibited
by this article.
C.
Any municipal use.
Applicants for a special permit to develop in the Wellhead Protection
Overlay District shall submit an application to the Town Planning
Board containing the following information:
A.
Name, address and telephone number of the applicant and the names
and addresses of all the owners of the real property where the development
would occur.
B.
If the applicant is a corporation, the name, address and telephone
number of all corporate officers and directors.
C.
A map and report showing the location of the premises for which the
permit is sought and plans prepared by a licensed professional engineer
or architect showing all features of the system necessary for the
satisfactory conveyance, storage, distribution, use and disposal of
sanitary wastes, stormwater wastes, process wastes, toxic substances
and hazardous materials, solid wastes and incidental wastes within
the property boundaries of the business or commercial establishment.
D.
A completed full SEQRA environmental assessment.
E.
Preliminary engineering plans with elevations showing the use, location
and dimensions of proposed buildings and land areas, driveways, driveway
intersections with streets, maneuvering areas, parking areas, utility
and utility easements, signs and railroad sidings.
F.
A storm drainage and grading plan regarding proposed handling of
surface water runoff and erosion control.
G.
A survey prepared by a licensed surveyor or engineer showing the
precise site boundaries and the distance to the nearest Town well.
H.
Copies of any permits from and application to any other governmental
agencies.
I.
Such other information as the applicant may consider relevant or
as may be required by the Town Planning Board. Copies of the application,
including the required information stated above, must be filed with
the Town Clerk and will be available for public inspection.
A.
The Town Planning Board shall refer an application for the special
permit to the Town and Erie County Department of Environment and Planning
for comments prior to making a decision.
B.
A public hearing shall be held in regard to granting the special
permit. Notice of the public hearing shall be published in the Town's
official newspaper not more than 20 days and not less than 10 days
before the date of the public hearing. A copy of the notice of public
hearing shall be mailed to each of the property owners of the subject
property referred to in the notice not more than 20 days and not less
than 10 days prior to the date of the public hearing. An environmental
assessment form shall be filed at least 10 days prior to the date
of the public hearing and shall be reviewed by the Town Planning Board
or other lead agency in accordance with the provisions of the New
York State Environmental Quality Review Act.
A.
The Town Planning Board may grant the special permit, deny the special
permit or grant the special permit with stated conditions.
B.
If a special permit is granted or granted with stated conditions,
the applicant must use the best available means to prevent the contamination
of the Town wells, the groundwater and the aquifers of the Town. This
shall be a continuing requirement.
A.
Where a special permit has been previously issued, a change in use
requires application for a new special permit.
B.
If there is a change in ownership, the new owner must apply for a
special permit even if there is no change in use. Assuming a mere
change of ownership, the permit shall be granted automatically and
shall be considered an agreement between the Town Board and the new
owner to adhere to the provisions of this article.
Upon conviction, a violation of this article shall be deemed
a misdemeanor and shall be punishable by a fine not exceeding $1,000
for each and every such offense, or imprisonment for a period not
to exceed six months, or both. Each day's violation shall constitute
a separate and additional violation. In addition to the above-provided
penalties and punishment, the Town Board, in its discretion, may immediately
revoke any special permit previously issued or, in the alternative,
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 article.
The boundaries of the Wellhead Protection Overlay District (WPOD)
are delineated on the map entitled "The Town Wellhead Protection Overlay
District Map," a copy of which is attached hereto and made a part
hereof. The Town Clerk is hereby authorized and directed to take all
steps necessary to amend the Zoning Map which accompanies this chapter
so that it depicts the Wellhead Protection Overlay District created
by this article.[1]
[1]
Editor's Note: Said map is on file in the Town offices.
Boundaries of the Wellhead Protection Overlay District may be amended
as future sound technical evidence may require.
