[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.[1]
[1]
Editor's Note: The Schedule of District Regulations, as amended, is included as an attachment to this chapter.
[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.
(2) 
Auto body shops.
(3) 
Cemeteries.
(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.
(7) 
Golf courses.
(8) 
Maintenance and repair shops for motor vehicles, internal combustion or electric motors, household appliances, electrical equipment/devices.
(9) 
Mining or extraction.
(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.