[1]
Editor's Note: Former § 200-6, FPO Floodplain Overlay
District, added 5-4-1987 by L.L. No. 3-1987, as amended, was repealed
3-4-2019 by L.L. No. 3-2019.
[Added 5-4-1987 by L.L. No. 3-1987]
A.Â
Purposes.
(1)Â
The HC-O Health-Care Overlay District is intended
to promote, protect, preserve and enhance neighborhoods which are
characterized by a mixture of residential, medical office and health-care
uses. District regulations ensure that health-care uses remain compatible
with housing, while permitting the area to develop a distinctive character
through the consolidation and clustering of medical and health-care
activities. The retention and renovation of sound structures is encouraged
by the increased options for both residential and heath-care uses.
(2)Â
The HC-O District may be overlaid upon any part of
any residential district established pursuant to this chapter which
is found to be appropriate for such treatment, pursuant to an application
for an amendment of the Zoning Map[1] filed in accordance with Article XIV of this chapter.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Village Clerk.
B.Â
Overlay district. The HC-O District shall not be independently mapped upon the Zoning Map but shall be mapped, pursuant to the procedures for amending the Zoning Map by Article XIV of this chapter, only in conjunction with an underlying residential district When so mapped, the HC-O District shall provide optional regulations in addition to those applicable in the underlying district; provided, however, that any lot may be used in accordance with the regulations applicable in the underlying district in the same manner as though the HC-O District did not exist.
C.Â
Permitted uses. The following uses are permitted as of right in the HC-O District, subject in each case, however, to site plan approval in accordance with the provisions of § 200-92 of this chapter:
(1)Â
Medical and dental clinics or offices, including the
conversion of any lawfully existing structure for such purposes or
the construction of new structures for such uses.
(2)Â
Buildings of mixed residential and health-care use.
(3)Â
Medical research facilities.
(4)Â
Medical and health service facilities, such as nursing
homes, supervised residential institutions and rehabilitation therapy
centers, and including residential facilities for staff, patients
and residents of such institutions.
(5)Â
Hospitals, including such educational, clinical, research
and convalescent facilities as may be integral to the hospital operation.
D.Â
Accessory uses and structures. The following uses and structures are permitted in the HC-O District, subject to the provisions of Article VI of this chapter:
F.Â
Bulk, space and yard requirements. The building height, lot area, open space and yard dimension requirements applicable in the HC-O District shall be the same as those applicable in the underlying district or as specified in Article III of this chapter for certain uses, except:
G.Â
Parking requirements. Off-street parking and loading requirements applicable in the HC-O District are set forth in Article VII of this chapter.
H.Â
Signs. Sign regulations applicable in the HC-O District are set forth in Article VIII of this chapter.
J.Â
Use limitations. The following limitations and conditions
shall apply to, and be complied, with all permitted and permissible
uses in the HC-O District:
(1)Â
No nonresidential use shall be established by the
conversion of any structure or premises originally designed for residential
use unless the existing residential character of the building shall
be retained. No design or structural changes, additions or extensions
shall be made to the front or sides of any such existing residential
structure except as necessary to provide required means of egress,
light and ventilation.
(2)Â
No outdoor storage shall be permitted.
(3)Â
No exterior lighting shall be erected, operated or
maintained in such a manner as to create an annoyance to surrounding
properties or so as to create a hazard to traffic circulation.
(4)Â
No permitted or permissible use shall be conducted
in any manner which would render it noxious or offensive by reason
of dust, refuse matter, odor, smoke, gas, fumes, noise, vibration
or glare.
[Added 5-4-1987 by L.L. No. 3-1987]
A.Â
Purpose.
(1)Â
The O-O Office Overlay District is intended to protect
and enhance older residential neighborhoods characterized by location
along major thoroughfares or proximity to commercial, cultural and
employment centers by permitting mixed residential and office use.
The traffic and activity of such areas lessen their desirability for
family living, while their accessibility and exposure provide an environment
suitable for certain professional and business offices which can exist
in close proximity to dwellings without adversely affecting the residential
environment. The preservation and rehabilitation of sound structures
is encouraged by increasing potential land use options; however, dwellings
remain the primary use of the district. Nonresidential uses shall
maintain the same scale as residential uses to preserve the existing
neighborhood characters.
(2)Â
The O-O District may be overlaid upon any part of
any residential district established pursuant to this chapter which
is found to be appropriate for such treatment, pursuant to an application
for amendment of the Zoning Map[1] filed in accordance with Article XIV of this chapter.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Village Clerk.
B.Â
Overlay district. The O-O District shall not be independently mapped upon the Zoning Map but shall be mapped, pursuant to the procedures for amending the Zoning Map by Article XIV of this chapter, only in conjunction with an underlying residential district. When so mapped, the O-O District shall provide optional regulations in addition to those applicable in the underlying district; provided, however, that any lot may continue to be used in accordance with the regulations applicable in the underlying district in the same manner as though the O-O District did not exist.
C.Â
Permitted uses. The following uses are permitted as of right in the O-O District, subject in each case, however, to site plan approval in accordance with the provisions of § 200-92 of this chapter.
D.Â
Accessory uses and structures. The following accessory uses and structures are permitted in the O-O District, subject to the provisions of Article VI of this chapter.
E.Â
Special exception uses. The following uses may be permitted in the O-O District, subject to authorization by the Planning Board pursuant to Article X of this chapter.
F.Â
Bulk, space and yard requirements. The building height, lot area, open space and yard dimension requirements applicable in the O-O District shall be the same as those applicable in the underlying district or as specified in Article X of this chapter for certain uses, except:
(1)Â
Maximum lot coverage by principal and accessory buildings
shall be 50%.
G.Â
Parking requirements. Off-street parking and loading requirements applicable in the O-O District are set forth in Article VII of this chapter. Off-street parking for nonresidential uses shall be located in rear yards only.
H.Â
Signs. Sign regulations applicable in the O-O District are set forth in Article VIII of this chapter.
J.Â
Use limitations. The following limitations and conditions
shall apply to, and be complied with, all permitted and permissible
uses in the O-O District:
(1)Â
No nonresidential use shall be established by the
conversion of any structure or premises originally designed for residential
use unless the existing residential character of the building shall
be retained. No design or structural changes, additions or extensions
shall be made to the front or sides of any such existing residential
structure except as necessary to provide required means of egress,
light and ventilation.
(2)Â
No outdoor storage shall be permitted.
(3)Â
Nonresidential uses shall be set back from every lot
line contiguous to any lot devoted to a residential use by at least
20 feet or by a natural or artificial screen determined by the Planning
Board to be sufficient to ensure visual and auditory privacy on the
residential lot.
(4)Â
No exterior lighting shall be erected, operated or
maintained in such a manner as to create an annoyance to surrounding
properties or so as to create a hazard to traffic circulations.
(5)Â
Nonresidential uses shall be limited to a maximum
size of 2,500 square feet of gross floor area for new buildings.
(6)Â
Nonresidential uses shall not employ more than one
person per 250 square feet of gross floor area unless it can be demonstrated
that the certain employees' time is spent outside the office, in which
case space requirements may be calculated on an alternative basis.
(7)Â
Nonresidential uses shall limit their hours of operation
from 8:00 a.m. to 9:00 p.m. on weekdays and Saturdays and from 9:00
a.m. to 6:00 p.m. on Sundays and holidays unless otherwise authorized
by the Planning Board through the special exception process.
[Added 7-20-2009 by L.L. No. 1-2009]
A.Â
Purpose.
(1)Â
The R-O Retail Overlay District is intended to protect and enhance
residential neighborhoods characterized by location along major thoroughfares
or proximity to commercial, cultural and employment centers by permitting
mixed residential and retail/business uses. The traffic and activity
of such areas lessen their desirability for family living, while their
accessibility and exposure provide an environment suitable for certain
professional and business uses which can exist in close proximity
to dwellings without adversely affecting the residential environment.
The preservation and rehabilitation of sound structures is encouraged
by increasing potential land use options. Nonresidential uses shall
maintain the same scale as residential uses to preserve the existing
neighborhood character.
B.Â
Overlay District. The R-O Retail Overlay District shall not be independently mapped upon the Zoning Map but shall be mapped, pursuant to the procedures for amending the Zoning Map by Article XIV of this chapter, only in conjunction with an underlying residential district. When so mapped, the R-O District shall provide optional regulations in addition to those applicable in the underlying district; provided, however, that any lot may continue to be used in accordance with the regulations applicable in the underlying district in the same manner as though the R-O District did not exist.
C.Â
Permitted uses. Conversion of a lawfully existing building or erection of a new structure for the following uses may be permitted in the R-O District as special exception uses, subject to authorization by the Planning Board pursuant to Article X of this chapter:
(1)Â
Dwelling units within nonresidential buildings, provided that
the total number of dwellings units shall not exceed that which is
permitted by the applicable underlying district.
[Amended 2-6-2017 by L.L.
No. 2-2017]
(2)Â
Auditorium, meeting hall.
(3)Â
Automobile laundry.
(4)Â
Bank.
(5)Â
Bed-and-breakfast.
(6)Â
Funeral home.
(7)Â
Greenhouse, plant nursery.
(8)Â
Office: business, professional or utility.
(9)Â
Personal service establishment, barbershop, beauty parlor.
(10)Â
Professional studio, travel agency or similar shop.
(11)Â
Repair shop for household, business or personal appliances.
(12)Â
Restaurant.
(13)Â
Retail store.
(14)Â
Shop for custom work and for making articles to be sold at retail
on premises.
(15)Â
Veterinary office, clinic, or hospital.
(16)Â
Wholesale business.
(17)Â
Accessory uses and structures are permitted in the R-O District, subject to the provisions of Article VI of this chapter.
(18)Â
Agricultural retail or wholesale business with outdoor storage.
[Added 3-19-2018 by L.L.
No. 2-2018]
D.Â
Bulk, space and yard requirements. The building height, lot area, open spaces and yard dimension requirements applicable in the R-O District shall be the same as those applicable in the underlying district or as specified in Article X of this chapter for certain uses, except:
(1)Â
Minimum lot frontage of 100 feet, unless a larger frontage is required by Article X of this chapter. Exceptions:
(a)Â
Agricultural retail and wholesale business, minimum 200 feet frontage.
(b)Â
Existing lots, at the time of this change, that can show sufficient
buffering to create a safe and unobtrusive environment to the neighborhood.
[1]
Editor's Note: This ordinance also repealed former Subsection
D(2), regarding depth of lots for nonresidential uses, and redesignated
Subsection D(3) as Subsection D(2).
(2)Â
Maximum lot coverage by principal and accessory buildings shall
be 50%.
E.Â
Parking requirements. Off-street parking and loading requirements applicable in the R-O District are set forth in Article VII of this chapter. Off-street parking for nonresidential uses shall be located in rear or side yards only for residential buildings being converted to other uses. For newly constructed buildings for nonresidential uses, parking requirements shall be determined by the Planning Board during site plan review.
F.Â
Signs. Sign regulations applicable in the R-O District are set forth in Article VIII of this chapter for R-8.5 uses. In addition, for the allowable nonresidential as may be approved by the Planning Board:
(1)Â
A single freestanding sign shall not exceed 32 square feet with
no one dimension larger than eight feet.
(2)Â
Signs shall be located midway of property frontage or building
as determined by the Planning Board.
(3)Â
Set back a minimum of 10 feet from the nearest right-of-way
line of the street.
(4)Â
Maximum of eight feet in height to top of sign as determined
by the grade of the street at the sign location.
(5)Â
May only be externally illuminated.
(6)Â
The total square footage of all signs shall not exceed two square
feet for each linear foot of building frontage.
(7)Â
Existing signs may remain, be repaired or replaced in kind.
G.Â
Adequate buffer yards and screening shall be provided for outdoor
storage areas and where necessary to protect adjacent properties and
land uses as determined by the Planning Board.
[Amended 3-19-2018 by L.L. No. 2-2018]
H.Â
Use limitations. The following additional limitations and conditions
shall apply to all uses for the R-O District.
(1)Â
Existing buildings when converted must meet the New York State
Building Codes.
(2)Â
No nonresidential use may be established by the conversion of
any structure or premises originally designed for residential use
unless the existing residential character of the building is retained.
(3)Â
No outdoor storage permitted, except for an approved agricultural
retail or wholesale business.
[Amended 3-19-2018 by L.L. No. 2-2018]
(4)Â
The placing of more than one item for sale or display in a front
yard is prohibited, except for an approved agricultural retail or
wholesale business or as allowed by the underlying district.
[Amended 3-19-2018 by L.L. No. 2-2018]
(5)Â
Nonresidential uses shall be set back from every lot line to
any lot devoted to a residential use by at least 20 feet or separated
by a natural or artificial screen determined by the Planning Board
to be sufficient to ensure visual and auditory privacy on the residential
lot.
(6)Â
No exterior lighting shall be erected, operated or maintained
in such a manner as to create an annoyance to neighboring property
owners or so as to create a hazard to traffic circulation.
(8)Â
Nonresidential uses shall limit their hours of operation from
8:00 a.m. to 9:00 p.m. on weekdays and Saturdays and from 9:00 a.m.
to 6:00 p.m. on Sundays and holidays unless otherwise authorized by
the Planning Board through the special exception process.
[Added 5-4-1987 by L.L. No. 3-1987]
A.Â
Purpose. The Planned Industrial Districts (PID) are
intended to permit the creation of defined areas for the unified and
orderly development of compatible industrial uses. A PID allows flexibility
in planning and development and provides a process for evaluating
plans to assure compatibility with adjacent industrial and nonindustrial
districts.
B.Â
Location and minimum district size. Areas will be considered for rezoning to a PID according to procedures specified in Article XIV and provided that the site is currently zoned as Commercial-Industrial Park (CIP) and includes a minimum of 25 contiguous acres.
C.Â
Permissible uses. The following uses may be permitted
in the Planned Industrial District:
(1)Â
Research, development and testing facilities when
in conformance with applicable zoning regulations and other standards
and performance standards contained herein.
(2)Â
Compounding, fabrication, assembly and processing
operations similar to but not limited to:
(a)Â
Electrical, electronic equipment and appliances,
instruments, devices and components.
(b)Â
Furniture and furnishings.
(c)Â
Musical, scientific, medical, dental and photographic
instruments and supplies.
(d)Â
Recreational equipment and toys.
(e)Â
Clothing and other textile products.
(f)Â
Candy, pharmaceuticals, soap and toiletries.
(g)Â
Panels, sheets, tubes and rods.
(h)Â
Automobile and boating accessories from previously
prepared materials.
(i)Â
Printing, publishing and engraving.
(j)Â
Food and beverage products.
(k)Â
Preparation of articles or merchandise from
previously prepared materials: bone, cellophane, canvas, cloth, cork,
feathers, felt, fiber, fur, glass, hair, leather, paper, plastics,
precious or semiprecious metals or stones, light sheet metals, rubber,
shell, textiles, tobacco, wire, wax, yarns, wood and paint.
(3)Â
Light manufacturing and lumber yards or mills (processing
and finishing) meeting the performance standards specified herein
and approved by the Planning Board.
(4)Â
Warehousing and wholesale distribution, including
public utilities storage or service facilities, and contractors' equipment
or materials storage.
(5)Â
Offices and office buildings.
(6)Â
Retail sale of products manufactured or processed
on site.
(7)Â
Other industrial uses which, in the opinion of the
Planning Board, are similar in nature and scale to those permitted
above and consistent with the objectives of the Master Plan.
D.Â
Accessory uses and structures. Accessory uses and structures are permitted in the Planned Industrial District subject to the provisions of § 200-10.
F.Â
Parking and loading requirements. Parking and loading requirements applicable in the Planned Industrial District are set forth in Article VII of this chapter.
G.Â
Signs. Sign regulations applicable in the Planned Industrial District are set forth in Article VIII of this chapter.
H.Â
Performance standards. All uses in a Planned Industrial
District shall adhere to the following standards:
(1)Â
Dust and smoke. The emission of smoke, soot, fly ash,
fumes, dust and other types of air pollution borne by the wind shall
be controlled so that the rate of emission and quantity deposited
shall not be detrimental to or endanger the public health, safety,
comfort or welfare or adversely affect property values.
(2)Â
Glare and heat. Any operation producing intense glare
or heat shall be conducted in such a manner so that the glare or heat
shall be completely imperceptible from any point along a lot line.
(3)Â
Odorous matter. The emission of odorous matter in
such quantities as to produce a public nuisance or hazard beyond the
lot occupied by the user shall not be permitted.
(4)Â
Noise. The weighted average sound pressure level as
measured at the edge of a lot and which is produced by a mechanical,
electrical or other equipment operation on the lot, where said lot
is adjacent to a residential area, shall not exceed the average intensity
of the street traffic noise in that residential area. No sound shall
have objectional intermittence, volume, beat, frequency or shrillness
characteristics. The maximum level shall not exceed 65 decibels on
the A-scale measured at any adjacent residential property line.
(5)Â
Vibration. Every use shall be so operated that the
ground vibration inherently and recurrently generated by said use
is not perceptible without instruments at any point along any property
line of the lot on which the use is located.
(6)Â
Fire and explosive hazards. The handling, use and
nonbulk storage of flammable and combustible materials shall be permitted
only in conformance with New York State Uniform Fire Prevention and
Building Code[2] requirements and in structures having noncombustible exterior
walls, and all operations in connection therewith shall be provided
with adequate safety and protective devices against hazards of fire
and explosion, as well as with adequate fire-fighting and suppression
equipment and devices standard to the operation involved, as determined
by the Planning Board.
[Amended 12-1-1997 by L.L. No. 6-1997]
(7)Â
Toxic or noxious matter. The emission of toxic, noxious
or corrosive fumes or gases which would be injurious to property,
vegetation, animals or human health at or beyond the boundaries of
the lot occupied by the use shall not be permitted.
(8)Â
Fissionable or radioactive materials. No activities
shall be permitted which utilize fissionable or radioactive materials
if their use results at any time in the release or emission of fissionable
or radioactive material into the atmosphere, the ground or sewerage
systems which exceeds New York State regulation or more than 25% above
background levels.
(9)Â
Liquid wastes. New York State Department of Environmental
Conservation and/or Health Department approval shall be required prior
to the discharge of any liquid wastes unless said waste is discharged
in a public sewer system. Liquid wastes discharged into a public sewer
shall be in conformity with applicable Federal and/or State Health
Department criteria.
I.Â
Other provisions and requirements.
(1)Â
Residential uses shall be prohibited in this district,
except for a caretaker's residence.
(2)Â
All industrial processes shall take place within an
enclosed building. Exterior processing may be approved on an individual-case
basis and subject to controls and regulations to be established by
the Planning Board. Incidental storage out of doors may be permitted,
provided that such materials are shielded from view from public streets
and adjacent off-street parking areas by fencing, landscaping or other
appropriate measures.
(3)Â
No permitted or permissible use shall be conducted
in any manner which would render it noxious or offensive by reason
of dust, refuse matter, odor, smoke, gas, fumes, noise, vibration
or glare.
[Added 1-28-2002 by L.L. No. 1-2002]
A.Â
Purpose and intent. The purpose and intent of this
section is to establish, protect, preserve, and promote the safe use
of the existing and potential groundwater supply from developmental
or land use practices that may adversely affect the quality or availability
of water from the Village wells; to protect and preserve potential
sources of future water supply for the public health, safety and general
welfare; and to assure an adequate supply of suitable drinking water
for the residents of the Village.
B.Â
ABOVEGROUND STORAGE
AGRICULTURAL-ASSOCIATED ANIMAL WASTE
AQUIFER
BEST MANAGEMENT PRACTICES
BOARD OF TRUSTEES
CHLORIDE SALT
DEVELOPMENT
ENVIRONMENTAL IMPACT STATEMENT
FERTILIZER
GROUNDWATER
HAZARDOUS SUBSTANCE
(1)Â
(2)Â
(3)Â
HAZARDOUS WASTE
HERBICIDE
HUMAN EXCRETA
HYDROGEOLOGIC CHARACTERISTICS
MANURE
MUNICIPAL USE
NONAGRICULTURAL-ASSOCIATED ANIMAL WASTE
NONCONFORMING USE
PESTICIDE
PETROLEUM
RADIATION
RADIOACTIVE MATERIAL
REFUSE
SEWAGE
SEWAGE DISPOSAL SYSTEM
SLUDGE
SOLID WASTE
SPECIAL PERMIT
STORAGE OF HAZARDOUS SUBSTANCES
STORMWATER RUNOFF
SURFACE WATER BODY
TREATMENT WORKS
UNDERGROUND STORAGE
VILLAGE
VILLAGE PLANNING BOARD
VIOLATION
WELL
WELLHEAD PROTECTION OVERLAY DISTRICT (WP-O)
Definitions. For the purposes of this section only,
the following words shall be interpreted and defined as follows:
Storage within a tank or other container whose volume is
more than 90% above final ground elevation.
Manure obtained from agricultural industries.
The water-saturated subsurface geologic formations which
can yield amounts of water to wells or springs and which now or subsequently
may be developed for use as a public water supply source.
Those methods and practices for the control, storage, handling
and use of chloride salt, herbicides, pesticides, fertilizers and
other toxic substances which are developed and adopted by the Village,
the New York State Department of Environmental Conservation, New York
State Department of Transportation, and the New York State Department
of Health.
The Board of Trustees of the Village of Springville, New
York.
The solid compounds or solutions of potassium chloride (commonly
used as fertilizer), calcium chloride (commonly used for road maintenance
during the winter), or sodium chloride (commonly used for water-softener
regenerations).
Any existing or proposed man-made structure or activity on
or to improved or unimproved real estate, including but not limited
to the construction or reconstruction of buildings and/or structures,
excavation, dredging, filling, and/or grading.
A written evaluation prepared by a permit applicant which
provides a description of a proposed project or development and a
detailed analysis of the magnitude and significance of its environmental
effects, as defined in 6 NYCRR Part 617.
Any commercially produced mixture generally containing phosphorus,
nitrogen and potassium or a combination of two of these elements or
a singular one for the same general purpose, i.e., intended for applications
to the ground or plants directly to increase nutrients to plants.
This includes natural and artificially produced fertilizers.
Any water beneath the land surface in the saturated zone
that is under atmospheric or artesian pressure and that enters wells
and springs.
Any substance listed as a hazardous substance in 6 NYCRR
Part 597, Hazardous Substance List, or a mixture thereof. In general,
a "hazardous substance" means any substance which:
Because of its quantity, concentration, or physical,
chemical, or infectious characteristics poses a significant hazard
to human health or safety if improperly treated, stored, transported,
disposed of, or otherwise managed;
Poses a present or potential hazard to the environment
when improperly treated, stored, transported, disposed of, or otherwise
managed;
Because of its toxicity or concentration within
biological chains, presents a demonstrated threat to biological life
cycles when released into the environment.
Any waste, or combination of wastes, which are identified
or listed as hazardous pursuant to 6 NYCRR Part 371, Identification
and Listing of Hazardous Wastes. Hazardous wastes include but are
not limited to petroleum products, organic chemical solvents, heavy
metal sludges, acids with a pH less than or equal to 2.0, alkalies
with a pH greater than or equal to 12.5, radioactive substances, pathological
or infectious wastes, or any material exhibiting the characteristics
of ignitability, corrosivity, or reactivity, or fails the Toxicity
Characteristic Leaching Procedure (TCLP).
Any substance that by chemical reaction inhibits or destroys
plants. Use of herbicides includes actual use and not simply intended
use per the manufacturer.
Human feces and urine.
The characteristics that describe the hydrology and the geology
at a given site. This includes but is not limited by the type, permeability,
capability and origin of the surface and subsurface soil material;
depth, rate of recharge, direction of flow and yield of groundwater;
and depth to bedrock.
Animal feces and urine, including commercially dehydrated
or partially dehydrated manure.
Any lawful use or development of land undertaken by the Village
of Springville, the Town of Concord or the Springville-Griffith Institute
Central School District.
Manure obtained from nonagricultural industries (e.g., kennel
waste).
A building, structure or use of land existing at the time
of enactment of this article or subsequent amendments which does not
conform to the regulations of the district or zone in which it is
situated.
Any substance used to destroy or inhibit the growth of pests,
such as rodents and insects.
Any petroleum-based oil of any kind which is liquid at 20°
C. under atmospheric pressure and has been refined, re-refined, or
otherwise processed for the purpose of being burned to produce heat
or energy; use as a motor fuel or lubricant; or use in the operation
of hydraulic equipment.
Ionizing radiation, i.e., an alpha particle, beta particle,
gamma ray, x-ray, neutron, high-speed proton, and any other atomic
particle, producing ionization, but does not include any sound or
radio wave, or visible infrared or ultraviolet light.
Any material that emits radiation.
All putrescible and nonputrescible solid wastes, including
garbage, manure, rubbish, ashes, incinerator residue, street cleaning,
dead animals, offal and solid commercial and industrial wastes.
Any liquid or solid waste matter from a domestic, commercial,
private or industrial establishment which is normally carried off
in sewers or waste pipes.
Any system used for disposing of sewage, including treatment
works.
Any solid, semi-solid or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply
treatment, or air pollution control facility. Sludge does not include
the treated effluent from a wastewater treatment plant.
All putrescible and nonputrescible materials or substances
that are discarded, abandoned, rejected as being spent, useless, worthless
or in excess to the owners at the time of such discard or rejection,
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, discarded vehicles and offal.
The temporary, final and new operation permits issued by
the Village Planning Board pursuant to compliance with this section.
The storage of virgin or waste chemical hazardous substances,
including petroleum products above or below the surface of the ground,
except that which is stored in the operating tank of a currently registered
motor vehicle, or that which is stored in quantities of five gallons
or five pounds dry bulk or less and held for lawful domestic use on
the premises where it is stored.
The natural and existing flow of overland runoff and excess
water.
Those water bodies which are identified as drainage features
(perennial stream or river, intermittent stream, canals, ditches,
etc.), lakes, ponds, reservoirs, springs, or wetlands on United States
Geological Survey or New York State Department of Transportation 7.5-minute
topographic maps, United States Department of Agriculture soil survey
maps, or wetland maps by the New York State Department of Environmental
Conservation.
Any treatment plant, sewer, disposal field, lagoon, pumping
station, septic system, construction drainage ditch or surface water
intercepting ditch, incinerator, area devoted to sanitary landfill,
or other works not specifically mentioned in this definition, installed
for the purpose of treating, neutralizing, stabilizing or disposing
of sewage.
Storage within a tank or other container whose volume is
10% or more beneath the surface of the ground.
The Village of Springville, New York.
The duly established Planning Board of the Village of Springville,
New York.
The failure to comply with or conform to the provisions of
this section.
Any well now used as a source of the Village's water supply
as regulated pursuant to Public Health Law § 1100, and Title
10 (Health), § 113.6, of the Official Compilation of Codes,
Rules, and Regulations of the State of New York, or any additional
well which may be constructed within the district established by this
section and used a source of the Village's water supply.
[1]
Editor's Note: Said map is on file in the
Village offices.
C.Â
Scope and authority. A Wellhead Protection Overlay District (WP-O) as delineated in Subsection L hereof is hereby created and shall be considered as overlaying all other zoning districts within the Village. Any uses permitted in the districts so overlaid shall be permitted only subject to all of the provisions of this section. in any case where conflicts arise between the Wellhead Protection Overlay District regulations and any other existing regulations, the more restrictive regulations shall apply.
D.Â
Permitted uses. The following uses are permitted within
the Wellhead Protection Overlay District, provided that all necessary
permits, orders or approvals as required by the Village, the County
of Erie and the State of New York and the United States of America
shall have been obtained:
(1)Â
All uses currently permitted under this chapter for
the district in which the premises is situated are permitted in the
Wellhead Protection Overlay District subject to the provisions of
this section.
(2)Â
Nonconforming uses:
(a)Â
The lawful use of any building or the use of
land existing at the time of the adoption of this section may be continued,
although such use or building may not conform to the provisions of
this section. A nonconforming use, however, may not be changed to
a more intensive nonconforming use, nor shall a conforming use be
changed to a nonconforming use. Any nonconforming use when changed
to a conforming use shall not thereafter be changed back to a nonconforming
use. A nonconforming use, building or structure shall not be enlarged,
altered or extended or operated in any way which increases its threat
to groundwater quality or otherwise contravenes the purpose and intent
of this section.
(b)Â
Whenever a nonconforming use has ceased for
a period of one year, any future use shall be in conformity with the
provisions of this section.
E.Â
Prohibited uses and activities.
(1)Â
The following uses and activities are not permitted
in the Wellhead Protection Overlay District:
(a)Â
Depositing of solid waste, hazardous waste,
or hazardous substances on or beneath the surface of the ground or
into a surface water body;
(b)Â
Establishment or operation of any solid waste
management facility or hazardous waste treatment, storage, or disposal
facility, including but not limited to solid waste storage area or
facility; transfer station; rail-haul or barge-haul facility; raw
waste landfill; sanitary landfill; solid waste landfill; ash landfill;
construction and demolition debris landfill; disposal facility; solid
waste incinerator, refuse-derived fuel processing facility; pyrolysis
facility; construction and debris processing facility; land application
facility; composting facility; surface impoundment; used-oil storage,
reprocessing, and re-refining facility; recyclables handling and recovery
facility; waste tire storage facility; junkyard; vehicle or metal
salvage yard; impoundment yard; dump; radiological waste facility;
pathological or medical waste facility; or hazardous waste treatment,
storage, or disposal facility;
(c)Â
Storage or stockpiling of any agricultural-
or nonagricultural-associated animal waste, except where provisions
have been made for an approved waste management system to prevent
contravention of a water quality standard due to seepage, leachate,
or runoff from animal waste;
(d)Â
Discharging or allowing any sewage or polluted
liquid of any kind to flow on or beneath the surface of the ground,
except in watertight pipes connected to a sewage disposal system for
which a permit has been granted by the appropriate Village, state
and county agency having jurisdiction over such facilities;
(e)Â
Underground storage of petroleum;
(f)Â
Aboveground storage of petroleum except where
best management practices are in place. Best management practices
include but are not limited to secondary barriers, automatic alarm
systems and groundwater monitoring capabilities;
(g)Â
Stockpiling or dumping of snow containing chloride
salt or other deicing chemicals;
(h)Â
Open storage of fertilizers;
(i)Â
Excavations or cut-ins, other than drainage
systems used to control groundwater, which expose groundwater permanently
or during maximum elevation of the water table, or which significantly
reduce the thickness of the soil cover and thereby ease the entrance
of contaminants into the groundwater;
(j)Â
The new operation or expansion of existing sand
and gravel mining or dredging operations;
(k)Â
Deposit or spreading upon or beneath the surface
of the ground or disposal or burial in the ground of any radioactive
material;
(l)Â
Deposit or spreading upon or beneath the surface
of the ground of any human excreta, sewage or sludge;
(m)Â
The construction and operation of any new water
supply, except under permit from the Village Planning Board;
(n)Â
Abandonment of private drilled water supply
wells without filling the same with cement grout;
(o)Â
Manure spread on frozen ground if there is any
likelihood that surface runoff will be carried into streams;
(p)Â
Manure application during snow melt, heavy rainfall,
or saturated ground conditions;
(q)Â
Storage or land application of manure within
100 feet of a surface water body or within 200 feet of a well;
(r)Â
Storage of sludge, hazardous substances, or
hazardous wastes unless authorized by an applicable state or federal
permit or required for the provision of drinking water;
(s)Â
The new operation or expansion of existing treatment
works;
(t)Â
Pesticide and herbicide storage, use and application,
except for domestic and noncommercial purposes;
(u)Â
The use and storage of chloride salts, except
in quantities of less than 60 pounds and held for domestic use on
the premises where stored in accordance with best management practices;
(v)Â
Any land use development otherwise permitted
in the zoning districts or district underlying this Wellhead Protection
Overlay District, but which development, after a thorough environmental
review pursuant to the State Environmental Quality Review Act (SEQRA),
has been determined to present such adverse environmental impacts
upon the quality and availability of groundwater as to prohibit the
development of the use under any circumstances;
(w)Â
Any substance or land use prohibited by state
or federal law, rule or regulation;
(x)Â
Construction of commercial pipelines or piping
systems that carry petroleum or liquid hazardous substances/waste.
(2)Â
Nothing in this section shall prevent the lawful use
and storage of pesticides, herbicides, manure, chloride salts, chlorinated
cleaning solvents or aromatics, or any commercial or industrial chemicals
by the Village or the Springville-Griffith Central School District
when necessary for instructional purposes, building or grounds maintenance,
or provision of drinking water and when using best management practices,
but such use or storage shall not in any event take place within 200
feet of any well operated by the Village as a part of its public water
supply.
F.Â
Special permits. All permitted uses of property within
the Wellhead Protection Overlay District pursuant to this section
shall be allowed only upon obtaining a special permit from the Village
Planning Board, except that the following uses shall not require issuance
of such a permit:
G.Â
Application for special permit. Applicants for a special
permit to develop in the Wellhead Protection Overlay District shall
submit an application to the Village Planning Board containing the
following information:
(1)Â
Name, address and telephone number of the applicant
and the names and addresses of all the owners of the real property
where the development would occur.
(2)Â
If the applicant is a corporation, the name, address
and telephone number of all corporate officers and directors.
(3)Â
A map and report showing the location of the premises
for which the permit is sought and plans prepared by a licensed professional
engineer or architect showing all features of the system necessary
for the satisfactory conveyance, storage, distribution, use and disposal
of sanitary wastes, stormwater wastes, process wastes, toxic substances
and hazardous materials, solid wastes and incidental wastes within
the property boundaries of the business or commercial establishment.
(4)Â
Proposed development in the Wellhead Protection Overlay
District is declared a Type I action requiring a long-form environmental
assessment form pursuant to Article 8 of the Environmental Conservation
Law of the State of New York and applicable local laws of the Village
which shall include a description and evaluation of the nature and
magnitude of the probable environmental impact, including specification
of the predictable adverse effects on the natural environment and
an evaluation of measures to mitigate adverse effects.
(5)Â
Preliminary engineering plans with elevations showing
the use, location and dimensions of proposed buildings and land areas,
driveways, driveway intersections with streets, maneuvering areas,
parking areas, utility and utility easements, signs and railroad sidings.
(6)Â
A storm drainage and grading plan regarding proposed
handling of surface water runoff and erosion control.
(7)Â
A survey prepared by a licensed surveyor or engineer
showing the precise site boundaries and the distance to the nearest
Village well.
(8)Â
Copies of any permits from and applications to any
other governmental agencies.
(9)Â
Such other information as the applicant may consider
relevant or as may be required by the Village Planning Board. Copies
of the application including the required information stated above
must be filed with the Village Clerk and will be available for public
inspection.
H.Â
Referral and public hearing for special permit.
(1)Â
The Village Planning Board shall refer an application
for a special permit to the Erie County Department of Environment
and Planning for comments prior to making a decision. If the Eric
County Department of Environment and Planning fails to report its
comments to the Village Planning Board within 30 days of such referral,
the Village Planning Board may take final action on the special permit
application without such comments.
(2)Â
A public hearing shall be held in regard to granting
the special permit. Notice of the public hearing shall be published
in the Village's official newspaper not more than 20 days and not
less than 10 days before the date of the public hearing. A copy of
the notice of public hearing shall be mailed to each of the owners
of the subject property referred to in the application not more than
20 days and not less than 10 days before the date of the public hearing.
The long-form environmental assessment form submitted by the applicant
shall be reviewed by the Village Planning Board or other lead agency
in accordance with the provisions of the New York State Environmental
Quality Review Act.
I.Â
Issuance of special permit.
(1)Â
The Village Planning Board may grant the special permit,
deny the special permit or grant the special permit with stated conditions.
(2)Â
If a special permit is granted or granted with stated
conditions, the applicant must use the best available means to prevent
the contamination of the Village wells, the groundwater and the aquifers
of the Village. This shall be a continuing requirement.
J.Â
Change in use.
(1)Â
Where a special permit has been previously issued,
a change in use requires application for a new special permit.
(2)Â
If there is a change in ownership, the new owner must
apply for a special permit even if there is no change in use. Assuming
a mere change of ownership, the permit shall be granted automatically
and shall be considered an agreement between the Village and the new
owner to adhere to the provisions of this section.
K.Â
Penalties for offenses. Upon conviction, a violation
of this section shall be deemed a misdemeanor and shall be punishable
by a fine not exceeding $1,000 for each and every offense or imprisonment
for a period not to exceed six months, or both. Each day's violation
shall constitute a separate and additional violation. In addition
to the above-provided penalties and punishment, the Village Planning
Board in its discretion may immediately revoke any special permit
previously issued or, in the alternative, may maintain an action or
proceeding in the name of the Village in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of this section.
L.Â
Map and boundaries of Wellhead Protection Overlay
District. The boundaries of the Wellhead Protection Overlay District
(WP-O) are delineated on the map entitled "The Village Wellhead Protection
Overlay District Map," a copy of which is attached hereto and made
a part hereof.[2] The Village Clerk is hereby authorized and directed to
take all steps necessary to amend the Zoning Map which accompanies
this chapter so that it depicts the Wellhead Protection Overlay District
created by this section.Editor's Note: Said map is on file in the
Village offices. Boundaries of the Wellhead Protection Overlay District
may be amended as future sound technical evidence may require.
[2]
Editor's Note: Said map is on file in the
Village offices.
M.Â
Severability. If any part or provision of this section
or the application thereof to any person or circumstance be adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this section or the application thereof to other
persons or circumstances, and the Board of Trustees hereby declares
that it would have enacted this section or the remainder thereof had
such invalid application or invalid provision been apparent.
N.Â
Repealer. All ordinances, local laws and parts thereof
inconsistent with this section are hereby repealed.