Any person seeking a special use permit or site plan approval
from the Village of Newark Valley Planning Board, Zoning Board of
Appeals or Village Board for sites in Zone 3 which are also in general
business, industrial or highway interchange districts must obtain
a wellhead protection permit from the Town Board as a prerequisite
for applying for site plan approval or a special use permit.
A.
The wellhead protection permit application shall be reviewed by the
Village Board of the Village of Newark Valley, who shall determine
compliance with the provisions of this chapter.
B.
In the event that the Village Board denies a wellhead protection
permit, it shall state the specific reasons for denial on the record.
C.
The Town Board may grant a wellhead protection permit with or without
conditions. Such conditions may include requirements for special construction,
professional construction and inspection and/or certification, ongoing
inspection, monitoring, reporting requirements, bond posting and such
other or further conditions as the Village Board deems reasonable
or appropriate to assure compliance with this chapter. Permits for
underground injection wells, including hydrofractured wells, will
require a specific contamination mitigation and remediation plan to
be included up front during any permitting process in addition to
financial bonding to ensure such measures would be covered. This plan
shall include both surface and underground contamination in addition
to the sole-source underground aquifer supplying the Village public
water system.
D.
To assist the Village Board in its review, the Village Board may
require the preparation of a hydro-geological study or any other scientific
or engineering study, the expense of which shall be borne by the applicant.
In the case were the permit application is for an underground injection
well, including hydrofractured wells, the Village Board shall require
the full disclosure (including but not limited to MSDS, material safety
data sheets) of any and all chemicals and compounds used in the drilling
and hydrofracturing of each well for which a permit is being sought.
Any person or persons, jointly or severally aggrieved by any
decision of the Village Board, may apply to the Supreme Court for
review by a proceeding under Article 78 of the Civil Practice Law
and Rules. Such proceeding shall be instituted within 30 days after
the filing of a decision in the office of the Village Clerk.
