A.
General. The provisions of the Philipstown Town Code, Chapter 90, "Flood Damage Prevention," are incorporated herein by reference and shall apply in addition to any other applicable zoning or building regulations.
C.
Restrictions. In addition to any restrictions, requirements, or permits imposed or required by Chapter 90, no new structure intended for residential use and no new septic tank, leach field, or other sanitary sewage system shall be located within the Floodplain Overlay District. This shall not prevent the replacement of existing facilities.
A.
Findings and purpose. The Town of Philipstown finds that the drinking
water quality of the Cold Spring reservoirs represents an essential
economic and environmental resource. The Comprehensive Plan establishes
a sound justification and framework for protecting the quality of
the reservoirs' water. It is the purpose of this section to establish
regulations on land uses within the Cold Spring Reservoir Watershed
to assure the protection of the quality of the water resource. The
Town desires to achieve such protection by cooperating with the Villages
of Cold Spring and Nelsonville.
B.
Boundaries. The boundaries of the Watershed Overlay District are
shown on the Resource Protection Overlay Districts Zoning Map[1] and are intended to encompass all land draining into the
Cold Spring reservoirs.
[1]
Editor's Note: Said map is included at the end of this chapter.
C.
Effect of district. Within the WSO District, all underlying land use district rules remain in effect, except as they are specifically modified by this § 175-14. In addition, within the entire WSO District, the Village of Cold Spring Watershed Rules and Regulations shall apply and be enforceable by the Town, regardless of whether a permit or approval is requested from the Town.
D.
Prohibited uses and practices. The following uses, when conducted
at a scale greater than is legally permitted for an ordinary household,
shall be prohibited in the WSO District:
(1)
Disposal of hazardous material or solid waste.
(2)
Treatment of hazardous material, except rehabilitation programs authorized
by a government agency for treating hazardous material that existed
on the site prior to the adoption of this land use law.
(3)
Production of hazardous material.
(4)
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.
(5)
Disposal of septage or septic sludge.
(6)
Automobile service stations.
(7)
Petroleum product pipelines, exclusive of natural gas.
(8)
Junkyards.
(9)
Truck terminals.
(10)
Clearing of more than 2,000 square feet of vegetation or construction
of any dwelling unit, septic system, leach field, or driveway, where
any portion of such clearing or construction is within 200 feet of
Foundry Brook or either of the Cold Spring reservoirs.
E.
Procedures.
(1)
A copy of any application for a building permit, zoning permit, area
variance, use variance, special permit, site plan approval, zoning
amendment, subdivision sketch plan, preliminary subdivision plat or
(final) subdivision plat, occurring partly or wholly within the WSO
District, shall be submitted, simultaneously with its submission to
the Town, to the Village of Cold Spring Water Department. Such submission
shall be the applicant's responsibility.
(2)
The reviewing board or Zoning Administrative Officer shall incorporate
all conditions and mitigation measures recommended by the village
to ensure compliance with the village's watershed regulations.
(3)
The Town shall send the village copies of all permits or approvals granted by the Town pursuant to this § 175-14E, including the rationale for granting such permits and all conditions and mitigation measures imposed. The Town shall also send the village copies of all denials of permits or approvals, including any reasons given for such denials. This Subsection E(3) shall not apply to actions taken on building permits or subdivision sketch plans.
F.
Performance criteria.
(1)
Compliance with village watershed regulations. All development in
the WSO shall comply with the Village of Cold Spring's watershed regulations
and Putnam County Health Department regulations.
(2)
In evaluating applications for any development within the Watershed
Overlay District, the reviewing board or official shall ensure that:
(a)
Nonpoint source pollution is prevented to the extent practicable,
by taking into account slope gradient, soil erosivity, intensity and
amount of pollutant application, and exposure and season of soil and/or
pollutant exposure.
(b)
Travel time to watercourses is sufficient for those pollutants
whose potential impact is neutralized by delayed contact with the
reservoirs.
(c)
Pollutant loadings will not damage any watercourse.
(d)
Grading and removal of vegetation is minimized.
(e)
All sewage disposal systems will be monitored, inspected, and
maintained regularly, to ensure proper functioning and protection
of the water quality of the reservoirs, Foundry Brook, and their tributaries.
(3)
In order to fulfill the purposes of this § 175-14, the reviewing board or official shall designate acceptable areas for site disturbance and construction on all subdivision plats and site plans (including site plans and surveys associated with building permits and zoning permits). Outside such areas, site disturbance may occur only as minimally necessary for construction of driveways, utilities, fences, septic systems, and other structures that cannot practically be located within the acceptable area. The acceptable area of land disturbance for building a single-family residence and accessory structures shall not exceed 30,000 square feet. An applicant may be permitted to disturb more than 30,000 square feet upon a showing that the long-term runoff characteristics of the property will not be altered.
G.
Conditions and findings.
(1)
Before granting approval of any subdivision, special permit, site
plan, variance, or zoning amendment that includes land wholly or partially
located within the WSO District, the reviewing board shall impose
appropriate conditions and make a written finding that the proposed
development has been designed in a manner that retains predevelopment
runoff characteristics and minimizes damage to water resources.
(2)
Such conditions may include a requirement that a conservation easement (as provided in § 175-21) be granted by the applicant to protect all or a portion of the land within the WSO District. Such conditions shall not deprive the applicant of economically viable use of the property and must bear a reasonable relationship to the fulfillment of the purposes of this § 175-14.
A.
Findings and purpose. Special protection of the Hudson River corridor
and scenic road corridors is necessary to preserve the attractive
rural and historic quality of the Town. The purpose of this section
is to regulate land uses within designated scenic corridors to protect
the Town's scenic beauty and rural character. This section is intended
to apply to those sections of road and river corridors that are visible
to the public and that substantially retain their scenic character.
B.
Boundaries. The SPO District includes all land shown on the Resource
Protection Overlay Districts Zoning Map[1] as part of the SPO District, including land lying between
the Hudson River shoreline and New York State Route 9D and land lying
within 250 feet of the right-of-way of all state, county and Town
roads, excluding land lying within a SR, OC, HC, M, HM, or HR District.
[1]
Editor's Note: Said map is included at the end of this chapter.
C.
Regulatory effect on land uses. Within the SPO District, all of the
underlying land use district regulations remain in effect, except
as they are specifically modified by this section.
D.
Site plan approval requirement. The provisions of this § 175-15 shall apply only to uses, construction, or other land disturbance where other provisions of this chapter require site plan review or a special permit. Within the SPO District, site plan approval shall also be required for the construction of any dwelling exceeding 3,000 square feet in floor area. Site plan approval shall also be required for any land disturbance of more than 10,000 square feet within any one-year period or more than 20,000 square feet in total over any time period, in any location that is visible from a publicly accessible place (as defined in § 175-74) when there are no leaves on the trees. Nothing in this section shall affect the ability of landowners to cut, clear, or remove vegetation on their property as necessary to keep and maintain views that existed on the date of original adoption of this § 175-15.
E.
Site plan approval exemptions. Within the SPO District, the site
plan approval requirement shall not apply to:
(1)
Agricultural uses, except for agricultural structures with a footprint
exceeding 10,000 square feet.
(2)
The repair and maintenance of existing structures.
(3)
Activities carried out pursuant to a site plan or special use permit
approved prior to the enactment of this section.
(4)
Clearing and grading associated with construction of unpaved hiking
trails.
F.
General standards where site plan review or a special permit is required.
Within the SPO District, site plan approval may only be granted if,
with appropriate conditions attached, the proposed activity:
(2)
Will minimize the removal of native vegetation, and avoid such removal
if it would permit any structure to become visible from publicly accessible
places. This shall not prevent trimming or removal of vegetation,
either to open up small "keyhole views" from private property or to
protect public visibility of scenic views and panoramas from publicly
accessible places.
(3)
Will locate and cluster buildings and other structures in a manner
that minimizes their visibility from publicly accessible places.
G.
Landscape requirements where site plan review or a special permit
is required.
(1)
A continuous green buffer, consisting of existing vegetation or new
landscaping, at least 100 feet deep along Routes 9 and 9D and the
Hudson River, and at least 50 feet deep along the other scenic roads,
shall be maintained, except where the land is not visible from the
scenic road or river. This buffer shall consist of trees and shrubs,
as well as fields, meadows, and lawns. Invasive species shall not
be planted and native species are preferred as provided in the list
of designated native species approved by the Town Board. Bike paths
and/or sidewalks may be constructed within this landscaped buffer.
This buffer requirement shall not apply in the immediate area around
existing residences located within the buffer area. This buffer requirement
may be modified by the Planning Board in the course of site plan review
where the Planning Board determines that it is unnecessary, does not
serve the purposes of this section, or would be impractical to implement.
(2)
Shade trees shall be provided within 25 feet of the right-of-way
at intervals averaging every 50 feet. An applicant for site plan or
special permit approval shall not be required to plant more than one
shade tree per 1,000 square feet of floor area proposed to be developed
on the parcel.
(3)
To the maximum extent practicable, existing noninvasive trees, lawns,
and shrubs shall be preserved, unless they are proposed to be replaced
by native trees or other noninvasive vegetation deemed appropriate
by the Planning Board.
(4)
Trees and shrubs shall be planted as deemed necessary by the Planning
Board to reduce visibility of new structures from public roads or
trails.
(5)
Existing stone walls and historic mileposts lying within 100 feet
of a road right-of-way shall be preserved, except that portions of
stone walls may be removed where necessary for driveway entrances,
provided that the portions of such walls adjoining the sections removed
are reconstructed in a manner consistent with the historic character
of the existing stone wall.
(6)
The Route 9D Scenic Byway Corridor Management Plan (2006) shall be
consulted for guidance in compliance with the requirements in this
subsection as applicable to Route 9D.
H.
Architecture where site plan review or a special permit is required.
(1)
Existing structures with historic or architectural significance,
as determined by any historic or architectural survey approved by
the Town Board or by the eligibility criteria for listing on the National
or State Register of Historic Places, shall be retained to the extent
practicable. Alterations to such structures shall be compatible with
the architecture of the existing structure. New structures shall be
compatible with the historic structures in their vicinity.
I.
Fences where site plan review or a special permit is required.
(1)
Stockade or other fence designs that block visual access to land
in a scenic road corridor shall be prohibited, unless such fences
are necessary to screen a preexisting use that does not conform to
the requirements of this section.
(2)
Fences that are likely to inhibit the passage of wildlife, as determined
by the Natural Resources Review Officer, shall be limited to those
that enclose, in the aggregate, no more than the larger of 40,000
square feet or 30% of the area of any lot. However, the total area
enclosed by such fencing on any parcel shall not exceed 10 acres.
(3)
The Natural Resources Review Officer may allow exceptions to the requirements of Subsection I(2) above based upon the site-specific impacts on wildlife, including consideration of the maintenance and improvement of wildlife corridors.
(4)
The restrictions in this Subsection I shall not apply to a farm operation growing crops or raising livestock for commercial sale or to not-for-profit organizations that manage wildlife preserves, demonstration farms, or gardens where the intrusion of wildlife would interfere with the fulfillment of the organization's objectives.
A.
Legislative findings, intent, and purpose. The purpose of the Aquifer Overlay (AQO) District is to protect the health and welfare of residents of the Town of Philipstown by minimizing the potential for contamination and depletion of the Town's aquifer system. The Town of Philipstown contains an aquifer system that covers the entire Town and, for purposes of this section, has been divided into two areas described in Subsection B. This aquifer system provides drinking water to private wells as well as groundwater and surface water that is essential to the maintenance of healthy aquatic and terrestrial ecosystems. The Town has determined that a limiting factor on the carrying capacity of the land is its capability to provide water in sufficient quality and quantity so that water use by some users does not adversely affect other users. Another limiting factor on the carrying capacity of the land is its ability to absorb wastewater without adversely affecting the quality or quantity of groundwater and surface water necessary for water supplies and other needs of the natural and human environment. The purposes of this § 175-16 are to protect public health and safety by safeguarding the Town's groundwater aquifer system, to provide the most protective standards to those areas of the aquifer at greatest risk of contamination, and to manage development so that groundwater supplies are not depleted or degraded.
B.
Delineation, effect, and applicability of district.
(1)
The Aquifer Overlay (AQO) District encompasses the entire Town of
Philipstown and is divided into two subdistricts to protect different
types of aquifer conditions, as follows:
(a)
The Clove Creek Aquifer (CCA) Subdistrict, which is extensively
developed and fully dependent on groundwater as a source of water
supply; and
(b)
The Regional Aquifer (RA) Subdistrict, which covers the remainder
of the Town. Within the RA Subdistrict, most areas depend upon groundwater
as the primary source of potable water supply.
(2)
The CCA and RA Subdistricts are delineated on the Aquifer Overlay
District Map adopted as part of this chapter.[1] These subdistricts may subsequently be divided by zoning
amendment into additional protective areas. These may include Buffered
Clove Creek Aquifer (BCCA) Subdistricts, which will cover any areas
within the CCA which may be served by a significant public water supply
in the future, and Regional Aquifer Wellhead Protection (RAWP) Subdistricts
which will provide wellhead protection for community water system
wellfields that may be developed within the RA Subdistrict. The BCCA
and RAWP Subdistrict categories have been established in this section
for possible future mapping in the event that circumstances require.
[1]
Editor's Note: Said map is included at the end of this chapter.
(3)
The official AQO District Map is located at the Town offices with
the other official Zoning Maps. A reduction of this map is attached
to this chapter for reference purposes only.[2] Aquifer Overlay (AQO) District Map amendments must be
reviewed and approved by a hydrogeologist working for the Town prior
to adoption by the Town Board.
[2]
Editor's Note: Said map is included at the end of this chapter.
(4)
The official AQO District Map shall be used to determine the boundaries of subdistricts within the AQO District. In case of a question or dispute as to the exact location of a boundary on a specific parcel of land, the Town may retain a qualified hydrogeologist at an applicant's expense to make such a determination in the field based upon the criteria in this § 175-16. An applicant may challenge the Town's determination by retaining a qualified hydrogeologist to make such determination independently based upon these criteria. In the event of such a challenge, the Town's hydrogeologist shall review the report of the applicant's hydrogeologist at the applicant's expense and shall make the final determination as to the location of the specific boundary. Any such boundary delineation shall not, by itself, effect a change in the AQO District Map. The AQO District Map may only be changed by action of the Town Board as provided in § 175-16H.
(5)
Within the AQO District, all of the underlying land use district rules shall remain in effect except as specifically modified by this § 175-16. In case of a conflict between this § 175-16 and the underlying use regulations, the more restrictive shall control. Nothing in this § 175-16 shall be construed to allow uses that are not permitted by the underlying land use district.
(6)
With the exception of the prohibition on underground fuel tanks in § 175-16E(1), this § 175-16 does not apply to any single-family, two-family, or multifamily residential use of land on a single lot containing five or fewer dwelling units, to any residential subdivision creating four or fewer new lots, or to any home occupation unless such residential use or home occupation includes one of the activities listed in Subsection E below. This section does apply to all other subdivisions of land.
C.
ACTION
AQUIFER
AQUIFER OVERLAY (AQO) DISTRICT MAP
BUFFERED CLOVE CREEK AQUIFER (BCCA) SUBDISTRICT
CLOVE CREEK AQUIFER (CCA) SUBDISTRICT
COMMUNITY WATER SYSTEM
CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS
CONSUMPTION OF WATER
DISCHARGE
GENERATOR OF HAZARDOUS WASTE
GROUNDWATER
HAZARDOUS SUBSTANCE
HAZARDOUS WASTE
HERBICIDE
LARGE QUANTITY GENERATOR
MAJOR OIL STORAGE FACILITIES
NATURAL RECHARGE
NONPOINT DISCHARGE
PESTICIDE
PETROLEUM
POINT SOURCE DISCHARGE
POLLUTANT
RADIOACTIVE MATERIAL
REGIONAL AQUIFER (RA) SUBDISTRICT
REGIONAL AQUIFER WELLHEAD PROTECTION (RAWP) SUBDISTRICT
SMALL QUANTITY GENERATOR
SOLID WASTE
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)
WASTEWATER
WATER SUPPLY
WATERSHED
WELL
Definitions. For purposes of this § 175-16, the following definitions shall apply:
A project or physical activity as defined in the SEQR regulations
of the NYS Department of Environmental Conservation, 6 NYCRR Part
617, including all actions subject to SEQR that are covered by this
chapter, as well as subdivision applications and other actions requiring
local government approval under SEQR.
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.
The Town's overlay map showing Aquifer Overlay District subdistricts.[3]
Areas which may be delineated in the future as Buffered Clove
Creek Aquifer (BCCA) Subdistrict on the Aquifer Overlay AQO District
Map. As defined or approved by a hydrogeologist working for the Town,
the BCCA consists of areas within the Clove Creek Aquifer CCA served
by community water systems, where the sources of water supply for
the community water system and for any other wells would not be substantially
threatened by a contaminant release occurring within the BCCA. No
portion of the BCCA may lie in a location that is hydrogeologically
upgradient of any wells, including wells used by the community water
system.
The area delineated as the Clove Creek Aquifer (CCA) Subdistrict
on the Aquifer Overlay AQO District Map.
A public water system regulated by the New York State Department
of Health that serves at least five service connections used by year-round
residents or regularly serves at least 25 year-round residents.
As defined by the Resource Conservation and Recovery Act
and amendments thereto, sites which generate less than 100 kilograms
per month of listed and/or characteristic wastes, which store less
than 1,000 kilograms of listed and/or characteristic wastes, and which
generate less than one kilogram per month of acutely hazardous waste
and store less than one kilogram of acutely hazardous waste.
The net loss of water from a watershed through evaporation
and transpiration processes caused by any human activities and associated
land uses, including evaporative losses from septic system leaching
lines. The definition of "consumption of water" includes the use of
water in diluting wastewater discharges so that groundwater quality
at the property line downgradient from the discharge will be 50% or
less of the New York State Department of Environmental Conservation's
Title 10, Part 703, groundwater (GA) water standards, i.e., the DEC's
groundwater contamination standards.
Any intentional or unintentional action or omission resulting
in substances or materials entering the waters of the state either
directly or by passing through other land, or in any other way resulting
in damage to the lands, waters, or natural resources of the state.
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 substance, including any petroleum by-product, which
may cause harm to humans or the environment when improperly managed.
A complete list of all hazardous substances except for petroleum by-products
can be found in 6 NYCRR Part 597.2(b), Tables 1 and 2, and amendments
thereto.
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.
As defined by the Resource Conservation and Recovery Act
and amendments thereto, sites either: 1) generating more than 1,000
kilograms per month of listed and/or characteristic hazardous wastes;
or 2) generating or storing more than one kilogram per month of acutely
hazardous waste.
Facilities with a storage capacity of 400,000 gallons or
more of petroleum.
The normal rate at which precipitation replenishes groundwater,
without interruption or augmentation by human intervention.
Discharges of pollutants not subject to SPDES (State Pollutant
Discharge Elimination System) permit requirements.
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 by-product determined or suspected to be
hazardous to human health or the environment.
Any material that emits radiation.
The area delineated as the Regional Aquifer (RA) Subdistrict
on the AQO District Map.[4] As defined or approved by a hydrogeologist working for
the Town, the RA Subdistrict consists of all areas on the AQO District
Map not included in the CCA, BCCA, or RAWP Subdistricts.
Areas to be delineated in the future as a Regional Aquifer
Wellhead Protection (RAWP) Subdistrict on the AQO District Map.[5] As defined or approved by a hydrogeologist working for
the Town, RAWP areas will consist of wellhead protection areas for
community water system wells not located within the CCA Subdistrict.
At a minimum, wellhead protection areas enclose all lands situated
within 60 days' travel time (seepage velocity) from the community
water system's wells, and enclose sufficient land that average annual
natural recharge in the RAWP area matches the average water demand
of the community water system.
As defined by the Resource Conservation and Recovery Act
and amendments thereto, sites that do not qualify as conditionally
exempt small quantity generators and that generate less than 1,000
kilograms per month of listed and/or characteristic wastes and store
less than 6,000 kilograms of listed and/or characteristic wastes,
and that generate or store less than one kilogram per month of acutely
hazardous waste.
Generally refers to all putrescible and nonputrescible materials
or substances, except domestic sewage, sewage treated through a publicly
owned treatment works, or irrigation return flows, that is discarded
or rejected as being spent or otherwise worthless, including but not
limited to garbage, refuse, industrial and commercial waste, sludges
from air or water treatment facilities, rubbish, tires, ashes, contained
gaseous material, incinerator residue, construction and demolition
debris, and discarded automobiles, as defined in 6 NYCRR Part 360-1.2(a)
and amendments thereto.
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.
Aqueous-carried solid or hazardous waste.
The groundwater resources of the Town of Philipstown, or
the groundwater resources used for a particular well or community
water system.
That land area that includes the entire drainage area contributing
water to the Town water supply and which includes the Aquifer Protection
Overlay District.
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, infiltration galleries, and trenches with perforated
piping, but excluding ditches or tunnels, used to convey groundwater
to the surface.
[3]
Editor's Note: Said map is included at the end of this chapter.
[4]
Editor's Note: The AQO District Map is included at the end
of this chapter.
[5]
Editor's Note: The AQO District Map is included at the end
of this chapter.
D.
General provisions of the Aquifer Overlay District applicable in
all subdistricts.
(1)
Nondegradation standard. No use shall degrade the quality of the
groundwater in a manner that poses a potential danger to public health
or safety, and no permits or approvals shall be issued for any use
which violates this standard. Compliance with applicable standards,
requirements, and permit conditions imposed by federal, state, or
county agencies shall be deemed to constitute compliance with this
standard.
(2)
The manufacture, use, storage, or discharge of any products, materials
or by-products subject to these regulations, such as wastewater, solid
waste, hazardous substances, or any pollutant, must conform to the
requirements of these regulations.
(4)
In addition to the list of statewide Type I actions contained in § 617.4(b) of 6 NYCRR, all proposed actions resulting in discharges exceeding standards provided in 6 NYCRR Part 703.6(e) and amendments thereto (groundwater contamination standards), and all proposed actions where water consumption exceeds natural recharge, as defined in Subsections F and G herein, shall be designated as Type I actions under the implementing regulations of the State Environmental Quality Review Act (6 NYCRR Part 617), unless the action is listed as a Type II action under such regulations.
E.
Prohibitions, restrictions, and permit requirements in the Aquifer Overlay District. In accordance with Article IX of this chapter, Special Permits and Site Plan Review, the Planning Board shall review and act upon special permit applications within the AQO District. If the uses listed below are regulated by any state or federal agency, the definitions and regulations of such uses contained in applicable state or federal laws and regulations shall apply.
(1)
Prohibited uses throughout the Town:
(a)
Installation of an underground fuel tank or tanks, whose combined
capacity is less than 1,100 gallons. This applies to all uses throughout
the Town, including single-family, two-family, and multifamily dwellings.
(b)
Land application of septage, sludge, or human excreta, including
land application facilities defined in 6 NYCRR Part 360-4. This prohibition
shall not apply to land application of treated wastewater for irrigation
when duly approved by county, state, or federal agencies with regulatory
jurisdiction.
(c)
Junkyards and junk car lots.
(2)
Prohibited uses within the CCA and RAWP Subdistricts only:
(a)
Municipal, private, and construction and demolition landfills
as defined in 6 NYCRR Part 360-2 and 6 NYCRR Part 360-7.
(b)
Disposal, by burial, of any hazardous waste, as defined in 6
NYCRR Part 371.
(c)
Large quantity generators of hazardous waste.
(d)
Gas stations and major oil storage facilities.
(e)
On-site dry cleaning.
(3)
Special permits within the Clove Creek Aquifer (CCA) and Regional
Aquifer Wellhead Protection (RAWP) Subdistricts. The following uses,
if permitted in the underlying land use district, shall require the
issuance of a special permit within the CCA and the RAWP Subdistricts:
(a)
Photo labs;
(b)
Auto repair facilities and truck terminals, including engine
repair and machine shops.
(c)
Furniture stripper/painter, metal works, wood preservers.
(d)
Printers and the use of printing presses.
(e)
Small quantity generators and conditionally exempt small quantity
generators.
(f)
Solid waste management facilities not involving burial, including
incinerators, composting facilities, liquid storage, regulated medical
waste, transfer stations, recyclables handling and recovery facilities,
waste tire storage facilities, used oil, C&D processing facilities,
each as defined in 6 NYCRR Part 360.
(g)
Salt storage facilities.
(i)
Cemeteries, including pet cemeteries.
(j)
Veterinary hospitals and offices.
(k)
Funeral parlors.
(4)
Special conditions for proposed uses within the CCA and RAWP Subdistricts
requiring a special permit:
(a)
Storage of chloride salts is prohibited except in structures
designed to minimize contact with precipitation and constructed on
low-permeability pads designed to control seepage and runoff.
(b)
Generators of hazardous waste shall provide the Town with copies
of all applicable permits provided by state and/or federal regulators
and copies of all annual, incident, and remediation-related reports.
(c)
Any projects where consumption of water exceeds natural recharge, as defined in Subsections F and G herein, shall demonstrate through SEQRA how such impact will be mitigated. Mitigation measures may include identifying compensatory recharge to permanently prevent adverse impacts to water supply on adjoining and downgradient land. Such compensatory recharge may be located either upgradient or downgradient of the project. Where the project is located adjacent to a wetland, watercourse, parkland, or other land that is permanently protected from development, the recharge or dilution capacity of such adjacent protected land may be counted toward the required mitigation of the impact of the project, provided that such recharge capacity is not claimed in connection with another project.
(5)
Special permits within the RA and BCCA Subdistricts. The following
uses, if permitted in the underlying land use district, shall require
the issuance of a special permit within the RA and BCCA:
(a)
Gasoline service stations.
(b)
Major oil storage facilities.
(c)
Salt storage facilities.
(d)
Small quantity generators and conditionally exempt small quantity
generators.
(e)
Large quantity generators.
(f)
Disposal of any hazardous waste, as defined in 6 NYCRR Part
371, by burial.
(g)
Cemeteries, including pet cemeteries.
(h)
Veterinary hospitals and offices.
(i)
Funeral parlors.
(6)
Special conditions for proposed uses within the BCCA areas and the
RA Subdistricts requiring a special permit:
(a)
Gasoline service station operators shall provide the Town with
copies of all applicable permits provided by state and/or federal
regulators and copies of all annual, incident, and remediation-related
reports.
(b)
Junkyard operators shall drain fuels, lubricants, and coolants
from all cars stored on site to properly permitted aboveground holding
tanks, provide to the Town copies of all applicable permits provided
by state and/or federal regulators and copies of all annual and incident
reports, provide the Town with an annual summary of numbers of vehicles
on site and total gallons of various classes of fluids drained from
vehicles and disposal manifests or other documentation of disposition
of such fluids.
(c)
Storage of chloride salts, coal, and/or cinders is prohibited
except in structures designed to minimize contact with precipitation
and constructed on low-permeability pads designed to control seepage
and runoff.
(d)
Generators of hazardous waste shall provide the Town with copies
of all applicable permits provided by state and federal regulators
and copies of all annual, incident, and remediation-related reports.
(e)
Within the RA Subdistrict, any projects allowed hereunder where consumption of water exceeds natural recharge, as defined in Subsections F and G herein, shall demonstrate through SEQRA how such impact will be mitigated. Mitigation measures may include identifying compensatory recharge to permanently prevent adverse impacts to water supply on adjoining and downgradient land. Such compensatory recharge may be located either upgradient or downgradient of the project. Where the project is located adjacent to a wetland, watercourse, parkland, or other land that is permanently protected from development, the recharge or dilution capacity of such adjacent protected land may be counted toward the required mitigation of the impact of the project, provided that such recharge capacity is not claimed in connection with another project.
(7)
Application requirements for special permits. In addition to the special permit application requirements set forth in Article IX, applicants proposing actions listed in Subsections E(3) and (5) above shall identify the following as part of their applications:
(a)
The source of water to be used.
(b)
The quantity of water required.
(c)
Water use minimization measures to be implemented.
(d)
Water recycling measures to be implemented.
(e)
Wastewater discharge measures.
(f)
Grading and/or stormwater control measures to enhance on-site
recharge of surface water;
(g)
Point source or nonpoint discharges;
(h)
A complete list of any hazardous substances to be used on site
along with quantity to be used and stored on site; and
(i)
A description of hazardous substance storage or handling facilities
and procedures.
F.
Determination of a parcel's natural recharge. The natural recharge
rate for a parcel shall be determined by identifying the soil types
on the property, classifying them by hydrologic soil groups (A through
D, A/D and C/D), and applying a recharge rate of 20.2 inches/year
for A and A/D soils, 14.7 inches/year for B soils, 7.6 inches/year
for C and C/D soils, and 4.2 inches/year for D soils, and multiplying
the recharge rate(s) by the number of acres in the parcel for each
soil group.
G.
Consumption of water. The following table establishes the method to calculate projected consumption of water, as defined in § 175-16C:
|
Use
|
Gallons Per Day
|
Multiplied by Dilution Factor
|
Consumption/ Day
|
|---|---|---|---|
|
Irrigated lands (nonagricultural)
|
Irrigated acres x 4,000(1)
|
x 1
|
= ______
|
|
Uses with surface water discharge
|
Site activity use x 0.2
|
x 1
|
= ______
|
|
Residential uses with subsurface water discharge(2)
|
70 gpd/capita
|
x 6
|
= ______
|
|
Nonresidential uses with subsurface water discharge(2)
|
Daily use
|
x 6
|
= ______
|
|
NOTES:
| |
|---|---|
|
(1)
|
Applicable for vegetation requiring one inch/week irrigation.
May be adjusted for vegetation with other water requirements.
|
|
(2)
|
Calculate use per NYSDEC intermediate wastewater disposal guide.
Discharge must not exceed NYSDEC Title 10, Part 703, effluent limits.
|
H.
Map changes.
(1)
The Aquifer Overlay District Map[6] may be modified by the Town Board to reflect changed circumstances,
such as the installation of a community water system or a public water
supply well, or to take account of new or more accurate geological
or hydrological information, provided that the Town's hydrogeologist
reviews and approves any map modification.
[6]
Editor's Note: The Aquifer Overlay District Map is included
at the end of this chapter.
I.
Reporting of discharges. Any person or organization responsible for
any discharge of a hazardous substance, solid waste, hazardous waste,
petroleum product, or radioactive material shall notify the Town Clerk
of such discharge within 24 hours of the time of discovery of the
discharge. This notification does not alter other applicable reporting
requirements under existing law and applies to all uses, whether conforming
or nonconforming in any respect.
Mining activities, as defined in § 175-74, shall be permitted only in the Soil Mining Overlay District. Other types of excavation, grading, or removal of earth, loam, topsoil, sand, gravel, clay or stone, if permitted in the district, shall be conducted only in accordance with the provisions of § 175-34 and, if applicable, the provisions of Chapters 90, 93 and 112 of the Philipstown Town Code.
A.
Mining permits. Mining activities require a special permit and are
allowed solely in the Soil Mining Overlay District. For mining activities,
the New York State Mined Land Reclamation Law (MLRL) establishes that
the NYSDEC is responsible for the regulation and permitting of mining
activities and reclamation of same for operations that extract 1,000
tons, or 750 cubic yards or more, of a mineral during 12 successive
calendar months. State regulation begins at 100 cubic yards for mining
from a water body. The NYSDEC is the entity responsible for administering
a MLRL permit for mining applications of this magnitude. A mining
activity, regardless of whether the operation is regulated by NYSDEC,
requires a special permit and site plan approval by the Philipstown
Zoning Board of Appeals.
B.
The Zoning Board of Appeals is hereby authorized to review and consider applications for special permits for mining permits pursuant to this section. In addition to the standards set forth in § 175-17.2D below, the Zoning Board of Appeals shall apply the standards and procedures set forth in Article IX in determining whether to issue a special permit pursuant to this section.
C.
The following requirements are applicable to special permit and site
plan submissions for mining activities in the Soil Mining Overlay
District that require a MLRL permit:
(1)
If the mining activity is subject to a NYSDEC MLRL permit, the applicant
for such permit shall simultaneously apply to both the NYSDEC and
the Town Zoning Board of Appeals, and shall provide the Town Zoning
Board of Appeals with simultaneous copies of any subsequent submissions
to the NYSDEC. The Zoning Board of Appeals shall advise the NYSDEC
on the following issues:
(a)
Whether mining activity is permitted in the location indicated
on the MLRL permit application;
(b)
The appropriate setbacks from roads and property boundaries;
(c)
The location and design of barriers to restrict access to the
mine;
(d)
Dust control measures;
(e)
Hours of operation; and
(f)
Any other issue as may be referenced in and appropriate under
the MLRL.
(2)
Upon the receipt of a complete special permit and site plan application,
including all materials submitted to the NYSDEC required for a complete
MLRL permit application, the Zoning Board of Appeals will schedule
and hold a public hearing on the application for special permit and
site plan application. The public hearing shall remain open until
the NYSDEC concludes its SEQR review of the MLRL permit application.
(3)
Within 62 days following the Zoning Board of Appeals' receipt of
the NYSDEC's SEQR negative declaration or SEQR findings statement,
the Zoning Board of Appeals shall close the public hearing and take
action on the application for a special permit and site plan approval.
The site plan/mined reclamation plan approved by the NYSDEC shall
constitute the site plan to be approved by the Zoning Board of Appeals.
(4)
If a special permit is granted by the Zoning Board of Appeals, the
term for such special permit shall be coterminous with the NYSDEC
MLRL permit. Any application for renewal or modification of the NYSDEC
MLRL permit must be submitted simultaneously to the Town Zoning Board
of Appeals.
(5)
An application shall be submitted to the Zoning Administrative Officer for a certificate of occupancy under this chapter and an inspection fee paid to the Town as determined under Article VIII. The Zoning Administrative Officer shall issue the certificate of occupancy upon special permit and site plan approval by the Zoning Board of Appeals. Said certificate shall confirm that the mining activity is a permitted use under the regulations of this chapter, if such officer finds that the NYSDEC-approved operation is consistent with the determination of a permitted use.
(6)
Any mining activity that obtains a MLRL permit and site plan approval by the Zoning Board of Appeals is subject to inspections and other requirements set forth in § 175-17.4.
(7)
If the mining activity is not subject to a NYSDEC MLRL permit, the applicant shall make application for a local mining permit, as specified in § 175-17.2, in order to undertake the mining activity. Issuance of a local mining permit shall require special permit and site plan approval by the Philipstown Zoning Board of Appeals.
In determining whether to approve a site plan subject to a local
mining permit, the Zoning Board of Appeals shall be guided by the
following criteria:
A.
That the location, character and scope of the mining activity, and
the access and any buildings, structures, facilities or processing
equipment, will reasonably safeguard the character of the neighborhood
and surrounding property values, will not hinder or discourage the
appropriate development and use of adjacent property and, when completed,
will conform to the appropriate and orderly development of the Town
and neighborhood.
B.
That the tract on which the mining activity is to be conducted is
of sufficient size and adequate dimension to permit conduct of the
operation in a manner that will not be detrimental to the neighborhood
or adjacent property.
C.
That reasonable provision will be made for screening the mining activity
from view from adjacent streets and property, and that buffer transition
areas will be provided to protect adjacent properties.
D.
That the streets serving the proposed mining activity are adequate
to carry prospective traffic, that provision will be made for entering
and leaving the tract in such a manner that no undue hazard to traffic
or undue traffic congestion is created and that adequate off-street
parking and loading facilities will be provided for conduct of the
operation.
E.
That the mining activity, when in process and when completed, will
not result in creation of sharp declivities, pits or depressions,
soil erosion, sedimentation or fertility problems or drainage, sewerage
or groundwater problems which would impair the reasonable reuse and
development of the tract in accordance with this chapter and that
the operation is consistent with the Town of Philipstown Comprehensive
Plan.
F.
That, if the mining activity is located in the coastal boundary area
as delineated on the Master Plan — Town of Philipstown, the
character, screening and site restoration of the operation are consistent
with the coastal boundary area policies of the plan.
G.
That the proposed mining activity, any buildings, structures, facilities
or processing equipment and hours of operation will make provision
for control of dust and lighting and otherwise will not be detrimental
to the public health, safety and general welfare of the neighborhood
and the community.
A.
Mining activities are a special permit use in the Soil Mining Overlay District only. If the mining activity is subject to a MLRL permit, the procedures set forth in § 175-17 shall apply. If the mining activity is not subject to a NYSDEC MLRL permit, the applicant proposing the mining activity shall submit an application for a special permit and site plan approval for a local mining permit to the Zoning Administrative Officer, together with an application for a certificate of occupancy, which applications shall be accompanied by an application fee, as determined in accordance with Article VIII, and 10 copies of the following information:
(1)
The name, address and telephone number of the owner of the tract,
parcel or lot and the proposed operator or person to be responsible
for administration of the operation.
(2)
A completed environmental assessment form, long form, and other
materials intended to assist the Zoning Board of Appeals in making
a determination of significance pursuant to the State Environmental
Quality Review Act under Article 8 of the Environmental Conservation
Law and its implementing regulations.
(3)
Maps and plans, prepared by and bearing the seal of a land surveyor
or engineer licensed to practice in the State of New York, showing
the following:
(a)
The location of the tract and all streets and Tax Map parcels
within 500 feet of the tract, the name and address of the owner of
each parcel as shown on current Tax Assessor's records, the current
use of each parcel and the location of existing zoning district boundaries
and district codes.
(b)
The location and limits of the area on the tract to be subject
to the mining activity and any lines delimiting areas not to be disturbed.
(c)
Existing contour lines that are on the tract within and within
500 feet of the area to be subject to the soil extraction operation,
and proposed contour lines resulting from the intended soil extraction
operation, drawn to a scale of not less than 100 feet equals one inch
and with a contour interval not to exceed two feet.
(d)
Existing and proposed drainage on the tract within and within
500 feet of the area to be subject to the soil extraction operation,
the principal measures proposed for soil erosion and sediment control
and water pollution control and elements of a reclamation plan for
the area of the tract to be subject to the mining activity.
(e)
Existing wetlands and watercourses on the tract within and within
500 feet of the area to be subject to the soil extraction operation
and within 200 feet of the tract.
(f)
Proposed truck access to the tract, including roadway and access
improvements proposed.
(g)
The location of wooded areas, existing buildings and structures
and the location of any proposed buildings and structures on the tract
within and within 500 feet of the area to be subject to the soil extraction
operation.
(h)
Any proposed temporary or permanent screening of the soil extraction
operation, such as by berms, fences and landscaping.
(4)
Ten copies of a report addressing the following and such additional
information deemed appropriate by the Zoning Board of Appeals:
(a)
An evaluation of the proposed mining activity relative to surrounding
land uses, including an evaluation of potential environmental impacts,
including but not limited to noise, dust, and visual impacts on surrounding
land uses.
(b)
The duration of the operation through to site restoration, proposed
hours and days of operation and the program for staging the site preparation,
excavation and restoration in time and geographic sections.
(c)
The program of measures to be undertaken for control of noise,
dust, soil erosion and sedimentation, water pollution, and the mitigation
of visual impacts, including outdoor illumination, and elements of
a reclamation plan for the area of the tract to be subject to the
mining activity.
(d)
An estimate of the number of vehicles expected to enter and
exit the tract on a daily basis and at peak hours, and description
of any roadway capacity and safety improvement proposed on the streets
giving access to the tract.
(e)
Description of the nature and capacity of any processing equipment
proposed to be established on the tract.
B.
The Zoning Board of Appeals shall process the application for special permit and site plan approval for a local mining permit application in accordance with the procedures set forth in Article IX.
C.
The Zoning Board of Appeals shall comply with the provisions of the
New York State Environmental Quality Review Act and its implementing
regulations.
D.
Standards and conditions. The Zoning Board of Appeals may approve
the application for special use permit and site plan and issue a local
mining permit under this article for a limited period of time not
exceeding five years, if it shall find that the mining activities
conform to the following standards and conditions:
(1)
That the mining activity conforms to the information, report,
maps and plans approved by the Zoning Board of Appeals.
(2)
That the tract will be excavated and graded within the limits
shown on the approved plans and in conformity with the proposed contour
plan as approved.
(3)
That measures for noise, visual, soil erosion and sediment control
will be installed, maintained and completed in accordance with NYSDEC
best management practices.
(4)
That slopes will not exceed one foot of rise for two feet of
horizontal distance or such lesser slope that the Board may specify
as necessary for the public health and safety, soil stability or for
the reasonable use of the property after completion of the operation.
(5)
There will be no excavation or grading or removal within 50
feet of any property or street line, except excavation or removal
that would result in finished grades at or above the elevation of
the adjoining street or property.
(6)
That after excavation or grading or removal the lot will be
cleared of all debris within the period for which the soil extraction
permit is granted.
(7)
Except in the location of wetlands and watercourses and exposed
ledge rock, that the top layer of arable soil for a depth of four
inches will be set aside and retained on the lot and will be respread
over the excavated or graded area as the work progresses, that a suitable
ground cover will be planted and grown to an erosion-resistant condition
upon the completion of the excavation or removal in accordance with
the approved contour lines and that such work be completed within
the period for which the local mining permit is granted.
(8)
If required by the Zoning Board of Appeals, that the area to
be excavated or a portion thereof be enclosed within a fence of such
type, height, and location as the Board approves.
(9)
The establishment of a schedule setting forth the following:
(10)
The submission by the applicant of periodic reports, prepared
by and bearing the seal of an engineer, showing the status and progress
of the mining activity.
A.
Mining activities authorized by special use permit prior to the effective date of this article and under which work has lawfully begun may be continued to completion in accordance with the maps, plans, standards, conditions and time limits of the approved special use permit. The Town Board may approve an application and issue a mining permit for continuation or extension of an existing lawful mining activity under the procedures of § 175-17.2 and may adjust the standards and conditions of § 175-17.2 to alleviate practical difficulties while maintaining the purpose and intent of this article.
B.
Upon written request, the Town Board may grant extensions of the
five-year limitation for periods of not more than two years for each
extension.
A.
At the time of issuance of a certificate of occupancy for a mining activity approved under this article, the applicant shall pay an inspection fee as determined under Article VIII.
B.
At the time of issuance of a certificate of occupancy for a mining
activity approved under this article, the applicant shall file with
the Town Board a completion bond, in form and with surety acceptable
to the Town Board and in an amount set by the Town Board after consideration
of any recommendations by the Zoning Board of Appeals, to guarantee
completion of the excavation, grading or removal of material as approved
and the restoration of the property as required by this article. A
copy of the maps and plans and program of operations approved by the
Town Board and any conditions of approval shall be part of the bond.
Before release of the bond, the Town Board may request a report from
the Zoning Board of Appeals concerning compliance with the requirements
of this article. The Town Board, in establishing the amount of the
bond for the mining activity, shall require a cash bond to guarantee
installation, maintenance and completion of measures for soil erosion
and sediment control.
C.
The Town Board may adopt forms for use in connection with this article
and may amend same by resolution from time to time.
A.
Findings and purpose. Special protection of large tracts of land
identified as important for conservation by the Town's Open Space
Index is necessary to preserve the Town's natural resources and attractive
rural quality. The purpose of this section is to afford special protection
to such tracts by reducing potential development and ensuring that
the important resource values of these areas are preserved.
B.
Boundaries. The OSO District includes all land shown on the Resource
Protection Overlay Districts Zoning Map[1] as part of the OSO District. The OSO District shall include
land shown in the Open Space Index that is located on parcels of 30
acres or more, as such parcels existed on January 1, 2010. The OSO
District shall consist of only the land shown on the index, which
may be a portion of a larger tract. Only that portion of a tract which
has been mapped on the Open Space Index shall be included in the district.
Any land not mapped by the Town Board as part of the OSO District
shall not be part of the district, and the map shall take priority
over any conflicting language in this subsection. Land lying within
a SR, OC, HC, M, HM, or HR District shall be excluded from the OSO
District.
[1]
Editor's Note: Said map is included at the end of this chapter.
C.
Regulatory effect on land uses. Within the OSO District, all of the
underlying land use district regulations remain in effect, except
that:
E.
Use of Open Space Index. The conservation resource values identified
in the Open Space Index shall be preserved to the maximum extent practicable
in any development approval.
See § 175-44 for regulations that apply to the MHO District.
