The Schenectady (Great Flats) Aquifer is arguably
the most important natural resource to the Town of Glenville and Schenectady
County. Since the aquifer is the sole source of drinking water to
over 150,000 county residents and roughly 16,000 Glenville residents,
it is imperative that this resource be protected from potential contamination.
It is, therefore, the intent of these regulations to minimize the
likelihood of incompatible land uses from locating in the various
recharge areas of the aquifer.
[Amended 4-18-2007 by L.L. No. 3-2007]
This article shall apply to any lands, premises
and uses within the respective protection zones created by Article
11, Title 1, §§ 1100-1107 of the NYS Public Health
Law and shown on the Intermunicipal Watershed Rules and Regulations
Schenectady Aquifer Protection Zones Map, Plate No. 1, dated February
1990, and the Intermunicipal Watershed Rules and Regulations Municipal
Property Inventory Maps dated February 1990. Said map, or series of
maps, all notations or other information shown thereon are part of
this article and are located in the office of the Town Clerk. This
article is intended to be superimposed on the existing underlying
zoning districts to supplement the underlying development standards
with additional requirements designed to protect the aquifer and the
municipal water supply. This article shall in no way exempt any existing
or proposed land uses or development activities from complying with
the Intermunicipal Watershed Rules and Regulations contained in Article
11, Title 1, §§ 1100-1107 of the NYS Public Health Law.
[Amended 4-18-2007 by L.L. No. 3-2007]
A. The Town Board hereby exercises its authority under
§ 10, Subdivision 1(ii)(d)(3), of the Municipal Home Rule
Law, and any other applicable provision of law now or hereinafter
enacted, to supersede the applicable provisions of § 268,
Subdivision 1, of the Town Law, and any other applicable or successor
law, in order to impose a penalty and fine structure that best reflects
the needs of the community and the importance of protecting the municipal
water supply. For each violation of the provisions of this article,
the owner, general agent, person in charge of the premises, architect,
engineer and/or contractor of the building, structure or premises
where such violation has been committed or exists shall be guilty
of an offense punishable by a fine or penalty of not less than $250
nor more than $5,000 or by imprisonment for a period not to exceed
six months or both, for a conviction of a first offense; upon conviction
of a second violation, where the offense is committed within a period
of five years of the first offense, a fine of not less than $1,000
nor more than $10,000 or by imprisonment for a period not to exceed
six months, or both; and upon conviction of a third or subsequent
violation where the offense is committed within a period of five nears
of the first and second offense, a fine of not less than $1,500 nor
more than $15,000 or by imprisonment for a period not to exceed six
months, or both. Each day such violation continues following notification
by the Town or service of a summons shall constitute a separate offense
punishable in like manner. The Town Board shall have such other remedies
as are allowable by law.
B. Any person, firm or corporation who violates, disobeys,
refuses to comply with or resists the enforcement of any provision
of these Intermunicipal Watershed Rules and Regulations or the terms
of any permit or other approval granted hereunder shall also be subject
to those penalties specified in Article 11, Title 1, § 1103,
of NYS Public Health Law as may be applicable, in addition to the
penalties enumerated herein.