The AO Aquifer Overlay District is intended
to preserve and maintain the quality and quantity of water found in
the Schenectady Aquifer and thereby protect this principal water supply
source for the Town and surrounding communities. The AO District provides
a means of reviewing, on a case-by-case basis, those actions proposed
within the aquifer and a means of prohibiting uses and activities
which may be incompatible with the goal of long-term groundwater protection.
The AO District shall not be independently mapped
upon the Zoning Map but shall be mapped only in conjunction with an
underlying residential or nonresidential district. The AO District
shall apply the requirements of this section together with all the
limitations and requirements applicable in the underlying district.
[Amended 7-9-2003 by L.L. No. 9-2003; 7-12-2006 by L.L. No.
9-2006]
A. As a matter of original jurisdiction, the Town Board
shall hear and decide upon any proposed action requiring a building
permit or other authorization under the Rotterdam Zoning Local Law
or land subdivision regulations. In addition to the maps, plans and information required
for such authorizations or for review under the New York State Environmental
Quality Review Act, the Town Board may require additional information, analysis or documentation as may be necessary and appropriate to show compliance with the standards imposed by this article and to fully and properly consider the particular action proposed. Upon receipt of a complete application and information, a public hearing shall be set, advertised and conducted by the Town Board in the manner prescribed by §
270-175 of this chapter. More than one public hearing is allowed if circumstances so warrant.
B. The following permits and/or activities are exempt from the requirements of §
270-111: boundary line adjustments, fences, residential accessory structures, swimming pools, additions to existing residential buildings, signs, home occupations, and variances.
Every decision of the Town Board on each Aquifer
Overlay District proposed action shall be by written resolution. Such
resolution shall include findings of fact, shall specify the reason
or reasons for such decision and shall contain a statement which shall
set forth the decision of the Board to grant approval, to grant approval
subject to expressly stated conditions or safeguards or to deny approval.
Every resolution shall expressly set forth any limitations, conditions
or safeguards imposed by the Board. Violation of such conditions or
safeguards shall be a violation of this chapter.
No proposed action at the AO Aquifer Overlay
District shall be approved unless the Town Board finds that, based
upon available information, analysis and evidence, the proposed action
will not:
A. Alter the subsurface flow of groundwater to public
and private water supply wells at the Schenectady Aquifer.
B. Degrade the quality of groundwater through the introduction
of sewage wastes, stormwater runoff, liquid chemicals, petroleum products,
dissolved metals or other toxic substances.
C. Increase the long-term risk of groundwater contamination
through the siting, establishment or expansion of uses which store,
transport or utilize significant quantities of material which are
potentially harmful to groundwater quality.
D. Increase the long-term risk of groundwater contamination
through the introduction of relatively small quantities of hazardous
or toxic substances which, over a period of time, may accumulate in
groundwater.
E. Increase the risk of groundwater contamination through
the removal of soil, sand, stone or gravel which provide a protective
mantle for groundwater or which are part of the geologic deposits
making up the Schenectady Aquifer.
[Amended 2-12-1992 by L.L. No. 2-1992]
The following use limitations and requirements shall apply to all land within the AO Aquifer Overlay District. To the extent that any of the provisions of this section are more restrictive than those requirements and limitations set forth in the Schenectady Intermunicipal Watershed Rules and Regulations, Article
XXII, then the provisions of this section shall be controlling.
A. Application of wastes. The land application of municipal
wastewater, sludge or septage is prohibited. The disposal of septage,
sludge or municipal wastewater into any watercourse is prohibited.
B. Disposal wells. The installation or use of disposal
wells is prohibited.
C. Recharge basins. The installation or use of stormwater
runoff recharge basins is prohibited.
D. Snow disposal. The stockpiling or dumping of snow
removed from urban areas is prohibited.
E. Animal wastes.
(1) Farm animal wastes shall not be concentrated in one
area except where provision has been made to prevent seepage into
groundwater.
(2) Suitable storage facilities are required when it is
not possible to spread or dispense of wastes on a daily basis.
F. Sewers. All sewers installed shall be as leakproof
as the state of art allows. Remedial measures shall be taken by the
owner if evidence indicates excessive infiltration or exfiltration
is occurring.
G. Industrial sludge and toxic chemicals. No toxic chemical
identified by the United States Environmental Protection Agency or
the New York Department of Environmental Conservation shall be stored
except under permit from those agencies.
H. Wastewater lagoon and pits. Use of wastewater lagoons
and pits for temporary storage of wastewater is prohibited. All storage
facilities shall be watertight, located aboveground and under permit
by the Department of Environmental Conservation.
I. Disposal. Disposal of toxic chemicals, industrial
sludge or radioactive materials is prohibited.
J. Fertilizer storage. All bulk storage of artificial
fertilizers for agricultural or commercial use must be within a completely
enclosed building or structure which will prevent any seepage and
runoff.
K. Pesticide and herbicide use. No pesticides or herbicides
shall be stored or applied unless expressly authorized by the Town
Board following review under the procedure and standards of this section.
All such use, storage or application shall be under permit as provided
by State Environmental Conservation Law.
L. Storage tanks and pipelines. The installation construction,
placement or replacement of underground storage tanks, pipelines or
containers for petroleum products or any other toxic chemical is prohibited.
All aboveground storage tanks, pipelines and transfer areas shall,
to the maximum extent feasible, be designed to minimize the risk of
groundwater contamination by incorporating backup containment structures,
impervious surfaces, catchment areas and other features. The Town
reserves the right to prohibit installation or expansion of aboveground
storage tanks and pipelines where consistent with the purpose and
standards of this section. Further, the owner of any storage tank,
pipeline, container or transfer area is responsible for prompt reporting
of any spills or leaks and for the cost of cleanup, containment and
damages.
M. Salt and coal stockpiles. The storage of chloride
salts, nitrate salts or coal is prohibited except in a completely
enclosed building or structure which will prevent any seepage and
runoff containing such materials.
N. Water wells. All water supply wells shall be constructed
in accordance with the requirements of the Department of Health.
O. Abandoned wells. All abandoned wells shall be sealed
in accordance with the requirements of the Department of Health.
P. Mining and the commercial extraction of topsoil, sand, gravel or stone. Mining and the commercial extraction of topsoil, sand, gravel or stone are prohibited uses within the Aquifer Overlay District as described in §
270-115 of this article.
[Amended 2-28-1990 by L.L. No. 5-1990; 3-27-1991 by L.L. No. 1-1991; 2-12-1992 by L.L. No. 2-1992]
A. The area is described in Sheet 5 of 6, entitled "Well
Yield," in the United States Geological Survey Open-File Report 82-84,
dated 1981, entitled "Geohydrology of the Valley-Fill Aquifer in the
Schenectady Area, Schenectady County, New York," prepared in cooperation
with the New York State Department of Health.
B. The land area is more fully described as follows:
beginning at a point, said point being the intersection of the boundary
of the Town of Rotterdam and the Mohawk River in Pattersonville; thence
in a southwesterly direction along said boundary to the intersection
of the boundary of the Town of Rotterdam and the Town of Princetown;
thence in a southerly direction along said boundary to the Boston
and Maine Railroad; thence in a southeasterly direction along said
Boston and Maine Railroad to Route No. 5S; thence in a southeasterly
direction along Route No. 5S to a road on the southerly side of Route
No. 5S known as "Turnbull Lane"; thence in a southwesterly direction
along said Turnbull Lane to the Old Erie Canal; thence southeasterly
along said Old Erie Canal to Route No. 5S; thence still in a southeasterly
direction along said Route No. 5S to where Route No. 5S meets and
becomes Route No. 890; thence in a southeasterly direction along Route
No. 890 to a point directly opposite and at right angles to Lock No.
8; thence leaving Route No. 890 at right angles to Lock No. 8 following
contour line denoting elevation 250 feet (United States Geological
Survey Datum) until such line intersects the boundary of the Town
of Rotterdam and the City of Schenectady; thence following said boundary
line to the intersection of the Mohawk River; thence following the
Mohawk River to the point of beginning.