[HISTORY: Adopted by the Town Board of the Town of Oneonta
by L.L. No. 1-2016. Amendments noted
where applicable.]
The purpose of the Watershed Protection Overlay District ("Watershed
District") is to promote health, safety, and general welfare of the
community. The Watershed District will preserve and protect existing
publicly owned sources of municipal drinking water systems. Protection
of municipal water supplies preserves important community resources
and reduces the future financial impacts related to water treatment.
The overlay sets forth standards and principles designed to protect
water quality and quantity from impacts of various activities in the
watershed areas and aquifers contributing to these water supplies.
All proposed development within the designated overlay Watershed District
must be demonstrated to result in no harm to reservoir or well water
quality.
The goal of the Watershed Protection Overlay District is to
maintain and improve the safety, reliability, and adequacy of water
sources utilized by municipal water systems. The regulations are intended
to accomplish this through the following measures and principles.
A.
Prohibition or restriction of any activity, situation, structure,
or land use (within the Watershed District) which poses a potential
threat to municipal water supplies, including inadequate on-site sewage
disposal systems, inadequate sedimentation and erosion control measures;
the improper storage or disposal of junk, trash or other refuse; the
absence or improper implementation of a spill containment plan for
toxic or hazardous materials; the improper management of stormwater
runoff; or any other situation found to pose a threat to water quality.
B.
Reduction of the amount of nutrients, sediment, organic matter, pesticides,
and other pollutants that reach watercourses or aquifers by requiring
applications for new activities and construction to:
(1)
Demonstrate compliance with all applicable federal, state, and local
regulations and standards relating to such materials and activities;
and
(2)
Utilize best management practices to minimize flooding and concentrated
flows of stormwater, sustain diverse populations of native aquatic
flora and fauna, and retain wetlands and floodplains in their natural
state to the maximum extent possible to preserve water quality, and
water retention, flow, and other natural functions.
C.
The provisions of this section shall be applicable to all new land
use, construction, or subdivision. Existing land use, construction,
improvements and subdivisions initiated or completed prior to the
effective date of adoption of this chapter are not subject to the
requirements herein.
D.
These prohibitions, restrictions, and principles shall be applied
within the Watershed District through existing Town of Oneonta building
permit, site plan review, and code enforcement procedures, by its
officers and boards.
If any word, phrase, sentence, part, section, subsection, or
other portion of this chapter or any application thereof to any person
or circumstance is declared void, unconstitutional, or invalid for
any reason, then such word, phrase, sentence, part, section, subsection,
or other portion, or the proscribed application thereof, shall be
severable, and the remaining provisions of this chapter, and all applications
thereof, not having been declared void, unconstitutional, or invalid,
shall remain in full force and effect.
As used in this chapter, the following terms shall have the
meanings indicated:
Manure and other animal waste derived from agricultural industries.
A consolidated or unconsolidated geologic formation, group
of formations or part of a formation capable of yielding a significant
or economically useful amount of groundwater to wells, springs, or
infiltration galleries.
Any bulk quantities of chloride compounds and other deicing
compounds intended for application to roads, including mixes of sand
and chloride compounds in any proportion where the chloride compounds
constitute over 8% of the mixture. A bulk quantity of chloride compounds
means a quantity of 1,000 pounds or more but does not include chloride
compounds in a solid form, including granules, which are packaged
in waterproof bags or containers which do not exceed 100 pounds each.
Any intentional or unintentional action or omission in the
releasing, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping into the waters of the Town or onto lands from which the
discharged substances or material might flow or drain into said waters,
or into waters outside the jurisdiction of the Town, when damage may
result to the lands, waters, or natural resources within the jurisdiction
of the Town.
Any commercially produced mixture generally containing phosphorous,
nitrogen and potassium which is applied to the ground to increase
nutrients to plants.
Water contained in interconnected pores and fractures located
below the water table in an unconfined aquifer or in a confined aquifer.
Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any weed, and being those substances
defined as herbicides pursuant to Environmental Conservation Law § 33-0101.
Animal feces and urine.
Any operation which involves the breaking of the earth's
surface for the purpose of extracting and removing raw natural materials
(such as topsoil) from the premises for the purpose of sale or off-premises
use.
Aquifers and watersheds within the Town of Oneonta that serve
as water sources for municipal water systems.
A water system which provides piped water to the public for
human consumption as defined and regulated by 10 NYCRR Subpart 5-1.
Any person or entity who, alone or with others, has legal
or equitable title.
Any insect, rodent, fungus or weed; or any other form of
terrestrial or aquatic plant or animal life or virus, bacteria or
other microorganism (except viruses, bacteria or other microorganisms
on or in living man or other living animals) which the Commissioner
of Environmental Conservation declares to be a pest as provided in
Environmental Conservation Law § 33-0101.
Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest, and any substance or
mixture of substances intended for use as a plant regulator, defoliant
or desiccant, and being those substances defined as pesticides pursuant
to Environmental Conservation Law § 33-0101.
Pollutants discharged from a point source as defined in Environmental
Conservation Law § 17-0105.
Pollutant as used this chapter is defined in Environmental
Conservation Law § 17-0105.
A structure or building. Also included is the open space
adjoining property under the control of owners or agents of such property.
The system established pursuant to Article 17, Title 8, of
the Environmental Conservation Law for issuance of permits authorizing
discharges into the waters of New York State.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
Aqueously carried waste, including but not limited to dredge
spoil, solid waste, hazardous waste, incinerator ash and residue,
septage, garbage, refuse, sludge, chemical waste, infectious waste,
biological material, radioactive materials, heat, and industrial,
municipal and agricultural waste.
Any treatment plant, sewer, disposal field, lagoon, pumping
station, septic system, collection and distribution pipes, on-site
disposal systems and seepage units, constructed drainage ditch or
surface water intercepting ditch, or other system not specifically
mentioned in this definition, installed for the purpose of transport,
treatment, neutralization, stabilization, storage, or disposal of
wastewater.
A natural stream of water fed from permanent or periodical
natural sources and usually flowing in a particular direction in a
defined channel, having a bed and banks or sides, and usually discharging
itself into some other stream or body of water. Drainage areas which
contain water only during a rainstorm shall not be considered a watercourse.
That land area which contributes water to a specific stream
or surface water body.
Any present or future artificial excavation including underground
appurtenances used to extract groundwater for use by a municipal water
system, including bored wells, drilled wells, and driven wells.
An area surrounding a municipal water system well, designated as critical for protecting the well as described in § 101-5, created by a two-hundred-foot radius around each protected well.
[1]
Editor's Note: Said map is on file in the Town offices.
A.
The Town of Oneonta contains watersheds and aquifers that function
as sources of supply for municipal water systems. The particular municipal
water supplies protected under this chapter include:
B.
The Municipal Water Supply Watershed Protection Overlay District
is established on a map entitled, "Watershed Protection Map of the
Town of Oneonta, Otsego County NY, 2012" ("Watershed Map"), which
is adopted simultaneously herewith.[1] The areas included encompass the entire watersheds of
Wilber Lake and Lower Reservoir and their tributaries, and Wellhead
Buffer comprising a two-hundred-foot radius around each protected
well listed above. Within the Watershed District, certain activities
are prohibited and others are regulated to protect the municipal water
supplies from potential harm.
[1]
Editor's Note: Said map is on file in the Town offices.
C.
Where uncertainty exists as to the boundaries shown on the Watershed
Map, the following shall apply:
(1)
Where area boundaries are indicated as approximately following a
street, railroad, or highway line or centerlines thereof, such lines
shall be construed as said boundaries.
(2)
Where area boundaries are indicated as approximately following lot
lines, such lot lines shall be construed to be said boundaries. However,
a survey plat prepared by a registered land surveyor may be submitted
to the Town as evidence that one or more properties along these boundaries
do not lie within the protected area.
(3)
Where the boundaries lie at a scaled distance of more than 25 feet
from any parallel lot line, the boundaries shall be determined by
use of the scale appearing on the watershed map.
(4)
Where the boundaries lie at a scaled distance of less than 25 feet
from any parallel lot line, the boundaries shall be construed to be
the lot line.
(5)
When a large parcel is bisected by the boundary, the applicant may
submit a detailed topographical map of the property as documentation
of those portions of the property that are within as well as outside
the boundary.
(6)
Where other uncertainty exists, the Town of Oneonta Planning Board
shall interpret the Watershed Map as to location of such boundaries.
The Town may, at the applicant's expense, consult with agencies
or others in determination of a project's location within a protected
area and applicability of these standards.
D.
Wellhead buffers. Designated two-hundred-foot wellhead buffer areas
shall be protected as follows:
(1)
Construction of systems and facilities are prohibited except those
used for municipal water system purposes such as pumping, treatment,
and control facilities and equipment. Wellhead buffer areas shall
not be used for any purpose other than municipal water supply, except
when a permit has been issued by the Town Board for nonintrusive recreation
uses such as picnicking, nature study, fishing, or hiking. The wellhead
buffer shall be posted prohibiting trespass for any purpose except
as permitted in this subsection.
(2)
The municipal water system well casings, pumping facilities and controls
shall be protected against damage from tampering or accident by fencing
or other enclosures or by their manner of construction and installation.
Within the Watershed District, any newly subdivided lot shall
be not less than five acres, and shall meet all other watershed regulations.
All development that may result in creation of wastewater within
the Watershed District must provide wastewater treatment and disposal
facilities that comply with relevant state standards. All residential
on-site wastewater treatment systems located or discharging within
the Watershed District shall be designed and maintained in accordance
with the standards established in 10 NYCRR 75 (Appendix 75-A "Wastewater
Treatment Standards - Individual Household Systems"). All other wastewater
systems located or discharging within the Watershed District shall
be designed and maintained in accordance with standards established
in the current version of the New York State Department of Environmental
Conservation "Design Standards for Wastewater Treatment Works." In
addition, the following special requirements apply within the Watershed
District.
A.
"Alternative systems" as described in the current version of the
New York State Health Department's Appendix 75-A shall be allowed
for new residential construction provided that the property owner
submits documentation from a New-York-State-licensed engineer confirming
that a conventional system described above cannot be installed on
the property and that the alternative system is the only option available
on the property. The Town Board is authorized to increase the fee
associated with obtaining a permit entitled "individual household
sewage treatment permit."
B.
No new wastewater treatment system or discharge shall be allowed
within a wellhead buffer area, except for systems associated with
the municipal water system's water treatment works.
C.
All existing sewage disposal systems in place and operational on the effective date of this chapter shall be allowed to remain and be replaced in compliance with current applicable New York State laws, which may include an "alternative system" as defined in § 101-7B, provided that the property owner submits documentation from a New-York-State-licensed engineer confirming that a conventional system cannot be installed on the property and that the alternative system is the only option available on the property. The Town Board is authorized to increase the fee associated with obtaining a permit entitled "individual household sewage treatment permit."
A.
The storage and stockpiling of manure and other animal waste for
use in agricultural operations, agricultural use of fertilizers and
land application of manure, and pesticide (including herbicide) storage
and use shall comply, to the maximum extent possible, with the practices
detailed in the most current versions of "Controlling Agricultural
Nonpoint Source Water Pollution in New York State - A Guide to the
Selection of Best Management Practices to Protect Water Quality,"
published by the Bureau of Technical Services and Research, Division
of Water, or "Agricultural Management Practices Catalogue for Nonpoint
Source Pollution Prevention and Water Quality Protection in New York
State." Assistance in applying these standards is available from the
Otsego County Soil and Water Conservation District.
B.
Fertilizers, pesticides, and herbicides shall not be applied in a
manner or at a rate which contributes to or causes a contravention
of the water quality standards set forth in 6 NYCRR 700 to 705.
C.
Pesticide storage and use (including herbicides) are subject to the
approval of, and shall comply with the regulations of, the New York
State Department of Environmental Conservation.
D.
Disposal of pesticide, including herbicides, is prohibited unless
authorized by a permit issued by the New York State Department of
Environmental Conservation.
E.
Disposal of water used for pesticide makeup water or for washing
of pesticide equipment is prohibited unless authorized by a permit
issued by the New York State Department of Environmental Conservation.
F.
Use of streams as sources of water for the washing of equipment used
in conjunction with pesticide or herbicide application is prohibited.
G.
Lawn chemicals (pesticides and herbicides) shall not be applied within
25 linear feet of any watercourse, or within a wellhead buffer area.
H.
Individuals responsible for oversight of the land uses on private
lands are encouraged to consult with the Otsego County Soil and Water
Conservation District for selection, implementation, and funding of
best management practices.
A.
Any storage tank(s) installed or replaced after the effective date
of this chapter must be aboveground or fully visible for inspection
within the basement or other interior space, and secondary containment
is required for all new tanks.
A.
Storage of chloride salts and coal shall be in structures designed
to minimize contact with precipitation and constructed on low-permeability
pads designed to control seepage and run-off.
B.
Chloride salt application. Deicing chloride salt use is restricted
to the minimum amount needed for public safety as determined by the
Town Highway Superintendent.
Site plan review by the Town of Oneonta Planning Board is required
for all new activities or property uses in the Watershed District,
except one- and two-family residences, and shall take into consideration
the requirements and principles outlined in this chapter.
A.
Certain activities which may have a high potential to impact water
supply are prohibited anywhere within the Watershed District, as specified
here:
(1)
Landfill of domestic, industrial, construction and demolition, or
hazardous materials.
(2)
Land spreading of sludge or ash, including domestic wastewater or
waste industrial process material, except for ash from individual
residential heating equipment.
(3)
The creation or manufacturing of any hazardous materials.
(4)
New dry wells directly connected to any floor drain, garage drain,
wash basin or sink.
(5)
New fuel storage facilities in any amount greater than 660 gallons.
(6)
Commercial trash containers and dumpsters which are not under a roof
or which are located so that leachate from the receptacle could escape
unfiltered and untreated.
(7)
Any mining activities including consolidated and solution mining
activities.
(8)
Point source discharges, other than discharges authorized by permits
issued by the New York State Department of Environmental Conservation.
B.
The following activities are not allowed within 25 feet of any watercourse
within the Watershed Overlay District or within a wellhead buffer:
(1)
New impervious surfaces except for construction of a bridge or crossing
for a driveway or access road, and related approaches.
(2)
Land spreading of agricultural animal waste and fertilizer.
(3)
Trash containers and dumpsters which are not under a roof or which
are located so that leachate from the receptacle could escape unfiltered
and untreated.
(4)
Fuel storage in any amount.
C.
No new vehicular parking area shall be allowed within a wellhead
buffer.
A.
Compliance orders. The Code Enforcement Officer is authorized to
order in writing the remedying of any condition or activity found
to exist in, on or about any building, structure, or premises in violation
of this chapter. Upon finding that any such condition or activity
exists, the Code Enforcement Officer shall issue a compliance order.
(1)
The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Code Enforcement Officer;
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this chapter which is/are violated by the specified
condition or activity;
(e)
Specify the period of time which the Code Enforcement Officer
deems to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period
of time; and
(g)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2)
The Code Enforcement Officer shall cause the compliance order, or
a copy thereof, to be served on the owner of the affected property
personally or by registered mail. The Code Enforcement Officer shall
be permitted, but not required, to cause the compliance order, or
a copy thereof, to be served on any builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any
other person taking part or assisting in work being performed at the
affected property personally or by certified mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the compliance order.
Any person who shall violate any provision of this chapter shall
be subject to the applicable penalties under this chapter, and any
other applicable code or ordinance, without limitation. The chapter
penalties are:
A.
Fines. The person who violates any provision of this chapter shall
be liable for a civil penalty of not more than $250 for each day or
part thereof during which such violation shall be continued.
This chapter shall take effect upon filing with the New York
Secretary of State.
