[Amended 2-13-2001 by L.L. No. 2-2001; 3-21-2011 by L.L. No.
1-2011; 8-5-2013 by L.L. No. 1-2013; 12-16-2019 by L.L. No. 1-2019]
The restrictions and controls intended to regulate development
in each district are set forth in the attached Schedule of District
Regulations, which is supplemented by other sections of this chapter.
Any use not listed in the Schedule of District Regulations is prohibited.
[Added 12-16-2019 by L.L. No. 1-2019]
A. Purpose.
The purpose of the Public Wellhead Protection Overlay District is
to minimize the potential for harmful or unwanted contaminants to
enter the municipal water supply at wellheads within the Town from
nearby activities.
B. Applicability.
The Public Wellhead Protection Overlay District shall act as an overlay
to other existing zoning districts shown on the Official Zoning Map.
Any uses permitted in the underlying zoning districts shall be permitted
within the Public Wellhead Protection Overlay District areas, except
where the overlay prohibits such uses or activities, or imposes greater
restrictions. The overlay shall only apply to those areas of a property
which are within the zone shown on the Zoning Map, and does not apply
to the entire property.
C. District
boundary interpretation. The Public Wellhead Protection Overlay District
is defined as a zone which extends 400 feet outward in all directions
from the property line of the parcel containing each protected wellhead.
D. Site plan review. Site plan review shall be required for all new and modified uses within the Public Wellhead Protection Overlay District. The requirements of this section shall supplement and be in addition to the requirements of §
147-27, Standards and criteria.
(1) The
following information shall be provided on any site plan for a use
or activity proposed within the overlay:
(a) The location of the proposed use or activity in relation to the overlay
boundary;
(b) The size and location of any existing impervious surfaces, and new
proposed impervious surfaces, which would collect stormwater runoff.
Any impervious surfaces which are outside the boundary of the overlay,
but extend into it, shall be included.
(c) The existing, and proposed new, topographic grading contours of the
site.
(2) In
addition to other site plan review criteria, the Planning Board shall
make a determination and recommendations regarding the following:
(a) The extent to which the proposed site construction or activity may
increase the potential for groundwater contamination within the overlay
boundaries;
(b) The adequacy of the proposed site plan design to prevent or mitigate
potential groundwater contamination within the overlay boundary.
(c) Recommended site plan changes to address the concerns of the items in Subsection
D(2)(a) and
(b) above, as well as to remind and educate the property owner about the sensitive nature of this land and their responsibility to help protect it for all residents in the Town of Liberty.
E. Minimum
lot size. The minimum lot size for residential parcels within the
Public Wellhead Protection Overlay District which are served by on-site
septic systems shall be the same as permitted in the underlying zoning,
except may not be less than three acres.
F. Restricted
activities.
(1) Storage,
stockpiling or disposal of hazardous chemicals, fuels or waste including
but not limited to petroleum, fertilizers, manure, sewage, gasoline,
coal, de-icing compounds, road salt and similar materials.
G. Restricted
uses. The following uses are not permitted within the overlay, even
if they would normally be permitted within the underlying zoning:
(1) Automobile
service stations.
(4) Industrial
or manufacturing facility which is 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.
(5) Junkyard
or salvage operation.
(6) Dry
cleaning or laundry establishment.
(8) Maintenance
and repair shops for motor vehicles, internal combustion or electric
motors, household appliances, electrical equipment/devices.
(10) Concentrated animal feeding operation (CAFO) or intensive use poultry
and swine operations.
(11) Any use or activity which, at the discretion of the Town of Liberty
Planning Board, is considered to have a reasonable potential to contaminate
the soil and groundwater within the overlay.
H. Conflict.
In case of a conflict between these requirements and any other regulations,
the more restrictive regulations shall apply.
Except as hereinafter otherwise provided:
A. No building shall be erected and no existing building shall be moved,
altered, added to or enlarged, nor shall any land or building be divided,
designed, used or intended to be used for any purpose or in any manner
other than as permitted in the district in which such building or
land is located.
B. No building shall be erected, no existing building shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner, except in conformity
to the yard, lot and building regulations hereinafter designated for
the district in which such building is located.
C. No yard or other open space provided around any building for the
purpose of complying with the provisions of this chapter shall be
considered as providing a yard or open space for any other building,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.