[Added 6-26-2024 by L.L.
No. 11-2024]
The purpose of the Indian Brook-Croton Gorge Inter-Municipal
Watershed Protection Overlay District is to protect the health and
welfare of residents living within the boundaries of the of the Indian
Brook-Croton Gorge Watershed by minimizing the potential for groundwater
and surface water contamination and taking steps to limit the severity
of resource degradation. The Indian Brook-Croton Gorge Watershed encompasses
portions of five municipalities, including the Towns of Cortlandt,
New Castle, and Ossining, and the Villages of Croton-on-Hudson and
Ossining. Since the actions of upstream municipalities can have as
much of an impact on a downstream municipality's land and water
resources as those actions carried out locally, a commitment from
all municipalities within a watershed is critical to protecting the
health of its resources. The intent of this article is to create a
partnership for the comprehensive management of the Indian Brook-Croton
Gorge Watershed by creating provisions for:
A.
Protecting and restoring the natural resources, most significantly
the Croton River, Indian Brook Reservoir, existing wetlands and groundwater
drinking sources;
B.
Developing and implementing stormwater management practices that
will improve water quality;
C.
Promoting sustainable development through land use and environmental
regulations;
D.
Preserving and protecting fish, wildlife, and significant habitat;
and
E.
Educating the public.
For purposes of this article, the following definitions shall
apply:
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 Village 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 Village, when
damage may result to the lands, waters, or natural resources within
the jurisdiction of the Village.
Any commercially produced mixture generally containing phosphorous,
nitrogen and potassium which is applied to the ground to increase
nutrients to plants.
Any person or site whose act or process produces hazardous
waste.
Water contained in interconnected pores and fractures in
the saturated zone in an aquifer.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
See 6 NYCRR Part 371 and amendments thereto for the identification
and listing of hazardous wastes.
Any substance or mixture of substances intended to prevent,
destroy, repel, or mitigate any weed, including those substances defined
as herbicides pursuant to Environmental Conservation Law § 33-0101,
and amendments thereto.
Refers to systems and practices that use or mimic natural
processes that result in the infiltration, evapotranspiration or use
of stormwater in order to protect water quality and associated aquatic
habitat.
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 in excess of 25 cubic yards.
Aquifers and watersheds within the Indian Brook-Croton Gorge
Watershed 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.
The replenishment of underground water reserves.
Discharges of pollutants not subject to SPDES (State Pollutant
Discharge Elimination System) permit requirements.
The overlay map showing the boundaries of the Indian Brook-Croton
Gorge Watershed Protection Overlay District within the Village.
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 to prevent,
destroy, repel, or mitigate any pest, including any substances defined
as pesticides pursuant to Environmental Conservation Law § 33-0101
et seq. and amendments thereto.
Oil or petroleum of any kind and in any form, including but
not limited to oil, petroleum fuel oil, oil sludge, oil refuse, oil
mixed with other waste, crude oil, gasoline, and kerosene, as defined
in 6 NYCRR Part 597.1(7) and amendments thereto.
Pollutants discharged from a point source as defined in Environmental
Conservation Law § 17-0105 and amendments thereto.
Any material or byproduct determined or suspected to be hazardous
to human health or the environment as defined in in Environmental
Conservation Law § 17-0105.
Includes all manner of useless or unwanted or discharged
solid or semisolid nontoxic, domestic, commercial, industrial, institutional,
construction and demolition waste materials, except hazardous, toxic,
chemical, human or rendering wastes.
The system established pursuant to Article 17, Title 8, of
Environmental Conservation Law for issuance of permits authorizing
discharges to the waters of the State of New York.
Any slope greater than 15% and as defined in Chapter 195, Steep Slope Protection, in the Village of Croton-on-Hudson Village Code.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals, or toxicants than are found in typical
stormwater runoff, based on monitoring studies. For purposes of the
Indian Brook Croton Gorge Watershed Protection Overlay District, the
following land uses, and activities are deemed stormwater hotspots:
Vehicle salvage yards and recycling facilities.
Vehicle fueling stations.
Vehicle service and maintenance facilities.
Vehicle and equipment cleaning facilities.
Fleet storage areas (bus, truck, etc.).
Industrial sites.
Marinas (service and maintenance).
Outdoor liquid container storage.
Outdoor loading/unloading facilities.
Public works storage areas.
Facilities that generate or store hazardous materials.
Commercial container nursery.
Other land uses and activities as designated by an appropriate
review authority.
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities as regulated in Chapter 196, Stormwater, Drainage, Erosion and Water Pollution Control, of the Village of Croton-on-Hudson Village Code.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic
Ocean within the territorial seas of the State of New York and all
other bodies of surface water, natural or artificial, inland or coastal,
fresh or salt, public or private (except those private waters that
do not combine or effect a junction with natural surface or underground
waters), which are wholly or partially within or bordering the state
or within its jurisdiction. Storm sewers and waste treatment systems,
including treatment ponds or lagoons which also meet the criteria
of this definition, are not waters of the state. This exclusion applies
only to man-made bodies of water which neither were originally created
in waters of the state (such as a disposal area in wetlands) nor resulted
from impoundment of waters of the state.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
Any treatment plant, sewer, disposal field, lagoon, pumping
station, septic system, collection and distribution pipes, on-site
disposal systems and seepage units, or other system not specifically
mentioned in this definition, installed for the purpose of transport,
treatment, neutralization, stabilization, storage, or disposal of
wastewater.
Any body of water which exists at least three months of the year as defined in Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code.
The groundwater resources of the watershed, or the groundwater
resources used for a particular well or community water system in
the Indian Brook-Croton Gorge watershed.
Any identifiable channel through which water flows continuously or intermittently as defined in Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code.
The geographic region within which water drains to a particular
wetland, water body, or watercourse.
Indian Brook-Croton Gorge Inter-Municipal Watershed Protection
Overlay District. The Watershed for specific municipal water supplies,
as designated on the official Watershed Protection Overlay District
Map[1] and described in § 230-2011 of this article.
Any present or future artificial excavation used as a source
of public or private water supply which derives water from the interstices
of the rocks or soils which it penetrates, including bored wells,
drilled wells, driven wells, but excluding ditches or tunnels, used
to convey groundwater to the surface.
An area surrounding a municipal water system well, designated
as a critical area for protecting the well, created by a 200-foot
radius around each protected well.
An area surrounding a wetland, watercourse or water body
that is subject to the regulations specified herein. Within the Indian-Brook
Croton Gorge Watershed Protection Overlay District it is defined as
the land area within 150 linear feet along the surface, away from,
and around the perimeter of the outermost boundary of a wetland or
watercourse or water body. A buffer is intended to provide protection
from human activity and other encroachment associated with development.
[1]
Editor's Note: The Watershed Protection Overlay District
Map is on file in the Village offices.
A.
The provisions of this article shall be applicable to all new land
use, construction, or subdivision. Existing land use, construction,
improvements and subdivisions within the Indian Brook-Croton Gorge
Inter-Municipal Watershed Protection Overlay District initiated or
completed prior to the effective date of adoption of this article
are not subject to the requirements herein.
B.
These prohibitions, restrictions, and principles shall be applied
within the Watershed Protection Overlay District through the existing
building and other land use permit, site plan review, and code enforcement
procedures of each municipality in the Indian Brook-Croton Gorge Inter-Municipal
Watershed Protection Overlay District by its officers and boards.
Additionally, all development in the watershed shall be in accordance
with New York State Department of Environmental Conservation regulations
related to environmental protection and stormwater management.
C.
Site plan review by the Planning Board is required for all new activities or property uses in the Watershed Protection Overlay District, as required by § 230-67, and shall take into consideration the requirements and principles outlined in this article.
D.
Within the Watershed Protection Overlay District, all major subdivisions
shall be designed as a conservation/cluster subdivision with a minimum
of 30% of the parcel permanently preserved.
A.
The boundaries Indian Brook-Croton Gorge Inter-Municipal Watershed
Protection Overlay District is established on a map entitled "Indian
Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District,
Westchester County, NY 2023" (watershed map), which is adopted simultaneously
herein. The particular municipal water supplies protected under this
article include:
(1)
Indian Brook Reservoir/Indian Brook Basin: serves as a drinking
water source for portions of the Town and Village of Ossining, and
portions of the Town of New Castle.
(2)
Croton Gorge Basin and Croton River Aquifer: a water source
for the Village of Croton-on-Hudson water system and a water source
for individual wells within portions of the Town of Cortlandt and
the Town of New Castle.
B.
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 center lines 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 municipality 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 authorized approval agency
shall interpret the Watershed Map as to location of such boundaries.
The municipality 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.
C.
A list of the specific parcels all or partially included in the Indian
Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District
within the Village is set forth in Appendix A of this article[1] and the Zoning Map is hereby amended to include the parcels
described in said appendix in the Indian Brook-Croton Gorge Inter-Municipal
Watershed Protection Overlay District.
[1]
Editor's Note: Appendix A is on file in the Village offices.
Within the WPOD, all underlying land use district rules remain
in effect, except as they are specifically modified by this article.
In case of a conflict between this article and the underlying use
regulations, the more restrictive shall control. Nothing in this article
shall be construed to allow uses that are not permitted by the underlying
land use district.
The following uses shall be prohibited in the WPOD District:
A.
Disposal of hazardous material or solid waste.
B.
Treatment of hazardous material, except remediation programs authorized
by a government agency for treating hazardous material that existed
on the site prior to the adoption of this land use law.
C.
The creation or manufacturing of any hazardous materials.
D.
Dry cleaning, dyeing, printing, photo processing, and any other business
that stores, uses, or disposes of hazardous material, unless all facilities
and equipment are designed and operated to prevent the release or
discharge of hazardous material.
E.
Disposal of septage or septic sludge.
F.
Automobile service and gas filling stations.
G.
New underground storage of petroleum.
H.
Petroleum product pipelines.
I.
Vehicle storage yards/truck terminals.
J.
Contractor's yards.
K.
The bulk storage of deicing salt, except in municipally approved
impervious structures.
L.
Installation of dams, water diversions, and stream channelization,
except undertaken directly in relationship to drinking water resources.
M.
Clearing of more than 30,000 square feet of vegetation without a
site plan approval.
N.
Landfill of domestic, industrial, construction and demolition, or
hazardous materials.
O.
Junkyards.
P.
Land spreading of sludge or ash, including domestic wastewater or
waste industrial process material, except for ash from individual
residential heating equipment.
Q.
New dry wells directly connected to any floor drain, garage drain,
wash basin or sink.
R.
New fuel storage facilities in any amount greater than 660 gallons.
S.
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.
T.
Any mining activities including consolidated and solution mining
activities, unless permitted by the New York State Department of Environmental
Conservation.
U.
Point source discharges, other than discharges authorized by permits
issued by the New York State Department of Environmental Conservation.
A.
All construction activities (as defined by the agency having approving
jurisdiction) that involve soil disturbances greater than 5,000 square
feet shall comply with the latest edition of the New York State Department
of Environmental Conservation (NYSDEC) Stormwater Manual. All construction
activities shall be required to meet the standards set forth in the
SPDES General Permit for construction activities that involve soil
disturbances greater than 5,000 square feet and all stormwater pollution
prevention plans shall meet water quantity and quality controls for
all new impervious surfaces as outlined below.
B.
Any new construction activity which creates new impervious surfaces greater than 5,000 square feet shall be treated for water quality volume (WQv), peak flows (cfs) and volume (cf) as outlined in the New York State Department of Environmental Conservation (NYSDEC) Stormwater Management Design Manual, latest edition, and Chapter 196, Stormwater, Drainage, Erosion and Water Pollution Control, and include enhanced requirements for pollutants of concern as outlined and incorporated in the Stormwater Management Design Manual, latest edition.
C.
Low-impact development (LID) practices shall be provided to the extent
feasible for all new or redevelopment within the watershed, including
the use of bioretention facilities, rain gardens, vegetated rooftops,
rainwater harvesting, and permeable pavements.
D.
Pollutant loadings will not damage any wetland, water body or watercourse.
E.
Grading and removal of vegetation is minimized for all construction.
F.
Septic systems must be pumped at least once during every three-year
period.
G.
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."
H.
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.
I.
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.
J.
Disposal of pesticide, including herbicides, is prohibited unless
authorized by a permit issued by the New York State Department of
Environmental Conservation.
K.
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.
L.
Use of streams as sources of water for the washing of equipment used
in conjunction with pesticide or herbicide application is prohibited.
M.
Lawn chemicals (pesticides and herbicides) shall not be applied within
25 linear feet of any watercourse, or within a wellhead buffer area.
N.
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.
O.
Chloride salt application, Deicing chloride salt use is restricted
to the minimum amount needed for public safety as determined by the
Superintendent of Public Works.
P.
Any petroleum storage tank(s) installed or replaced after the effective
date of this article must be aboveground or fully visible for inspection
within the basement or other interior space, and secondary containment
is required for all new tanks.
These regulations apply to all wetlands, watercourses, water bodies and buffer areas as defined in Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code and located within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District (regardless of size).
A.
Development of wetlands, watercourses, water bodies and buffer areas
are to be avoided except where no reasonable alternative exists or
where the applicant would otherwise suffer undue hardship if a permit
is not issued. In the event such development is approved, impacts
shall be minimized to the greatest extent practicable, and a mitigation
plan shall be prepared.
B.
All applications for permits to disturb wetlands, watercourses, water bodies and buffer areas in the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District shall follow the requirements contained in Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code, unless a more stringent or restrictive requirement is listed in this section.
C.
As a condition of the granting of any wetland permit within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, the approving authority shall require that the applicant submit a mitigation plan per the requirements listed in Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code.
D.
Within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection
Overlay District, the applicant shall be required to create replacement
wetlands or restore, re-create or enhance existing wetlands equal
to twice the area of wetland directly impacted.
E.
Within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection
Overlay District, buffers shall be regulated as follows:
(1)
Buffers.
(a)
Buffers along wetlands and water bodies (as defined in Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code) must extend a minimum of 150 feet horizontally away from and paralleling the delineated wetland boundary.
(b)
Buffers along watercourses (Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code) extend a minimum of 150 feet horizontally away from and paralleling the highwater mark or level of bank full discharge. In undeveloped areas, the buffer shall also be extended to include the 100-year floodplain.
(c)
Buffers along steep slopes adjacent to wetlands shall extend
150 feet horizontally.
(2)
Buffer vegetation.
(a)
Planting within buffers shall be based on a site-specific planting
plan designed to maximize the buffer's capacity to intercept
stormwater runoff, stabilize banks, improve water quality, and provide
habitat. Planting shall incorporate:
[1]
A diverse mix of perennial native species.
[2]
Trees and shrubs with dense ground cover to protect
soil.
[3]
Salt-tolerant plants in areas where road salt is
used.
[4]
Steep slopes: native perennial grasses; trees and
woody shrubs along the water's edge.
[5]
Bank erosion control: plants with fibrous root
systems; deep-rooted woody species.
(3)
Allowable buffer uses.
(a)
Unpaved foot paths, recreational access, revegetation planting
and mitigation planting per the requirements listed above, manual
removal of invasive species, removal of trees that pose a safety hazard.
(4)
Restricted buffer uses.
(a)
New impervious surfaces, construction of roads, structures or
pipelines.
(b)
Removal of vegetation or trees (except for safety purposes).
(c)
Excavation and grading.
(d)
Additional lawn.
(e)
Mining.
(f)
Septic tank drain fields.
(g)
Agriculture and livestock.
(h)
De-icing application of road salt.
(i)
Waste disposal or dumping of trash, yard waste and debris.
(j)
Application of lawn-based pesticides, herbicides and fertilizers.
(k)
Dams, water diversions, stream channelization.
(l)
All other activities not specifically listed above are subject
to federal, state and local permit procedures.
F.
Special provisions. These special provisions apply to new development
in previously developed areas:
(1)
The protected buffer shall be as wide as the site allows, subject
to the above-listed conditions where possible, and maintaining as
much vegetated cover as possible within 150 feet of wetland or watercourse,
especially in areas where bank erosion is evident.
(2)
Alternative or additional conservation practices [including
low-impact development (LID)] to reduce runoff load into a wetland
or watercourse shall be applied.
Within the Indian Brook-Croton Gorge Inter-Municipal Watershed
Protection Overlay District, no disturbance within 200 feet of any
wellhead or stormwater hotspot shall be permitted. Wellhead buffer
areas and stormwater hotspots shall be protected as follows:
A.
Construction activities within 200 feet of a wellhead is 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 Village 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.
B.
Construction activities within 200 feet of a stormwater hotspot is
prohibited.
A.
Compliance orders. The Building Inspector or Village Engineer 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 article. Upon finding that any such condition
or activity exists, the Building Inspector or Village Engineer shall
issue a compliance order. The compliance order shall:
(1)
Be in writing;
(2)
Be dated and signed by the Building Inspector or Village Engineer;
(3)
Specify the condition or activity that violates this article;
(4)
Specify the provision or provisions which is/are violated by
the specified condition or activity;
(5)
Specify the period of time which the Building Inspector or Village
Engineer deems to be reasonably necessary for achieving compliance;
(6)
Direct that compliance be achieved within the specified period
of time; and
(7)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
B.
The Engineering Department 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 Engineering Department 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 article shall
be subject to the applicable penalties under this article, and any
other applicable code or ordinance, without limitation. The chapter
penalties are:
A.
Fines. The person who violates any provision of this article 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.
