[Added 1-16-2008 by L.L. No. 1-2008;
amended 2-16-2022 by L.L. No. 1-2022]
The purpose and intent of the Wellhead Protection Area District is to preserve the quality and quantity of limited drinking water resources to ensure a safe and plentiful public drinking water supply. This is accomplished through the establishment of an overlay district that is coterminous with the Wellhead Protection Areas and Wellhead Protection Zones within such Wellhead Protection Areas identified in § 178-2.3. This overlay district contains regulatory prohibitions and procedures governing land uses within the Wellhead Protections Areas which are in the Town. Such Wellhead Protection Areas correspond to the Town’s own public wells and the City of Cortland’s public wells located immediately adjacent to the Town.
The Wellhead Protection Area District shall be considered as
overlying other zoning districts. Any uses permitted in the portion
of the districts so overlaid shall be permitted subject to all the
provisions of this district, unless prohibited by this district. In
the event of any conflict between these Wellhead Protection Area District
regulations and any other existing regulations, the more restrictive
regulations shall apply.
A.
The Town of Cortlandville operates three public drinking water supply
wells within the Otter-Dry Creek Aquifer which supply drinking water
to the residents of the Town. Two of the Town's public wells are located
adjacent to Lime Hollow Road (the "Lime Hollow Wells") and one well
is adjacent to Terrace Road (the "Terrace Road Well"). Additionally,
the City of Cortland operates public wells within the City limits,
that are located immediately adjacent to its boundary with the Town.
B.
"Wellhead Protection Areas" and "Wellhead Protection Zones" in the
Town of Cortlandville which correspond to the Town of Cortlandville's
public wells and the City of Cortland's public wells have been designated
by the Cortland County Soil and Water Conservation District with the
assistance of the Cortland County Health Department and the United
States Geological Survey, in accordance with applicable federal and
state laws, rules and policy to protect public drinking water supply
wells. These Wellhead Protection Areas were identified in a report
entitled: "FINAL Delineation of Wellhead Protection Areas, "dated
May 2002 and each Wellhead Protection Area is divided into three separate
subareas known as "Wellhead Protection Zones." The Wellhead Protection
Areas and Wellhead Protection Zones within such Wellhead Protection
Areas in the Town that were designated by the County Soil and Water
Conservation District have been adopted by the Town of Cortlandville
to facilitate protection of public drinking water systems through
the Wellhead Protection Area District.
C.
Wellhead Protection Zones within the Wellhead Protection Area District are described as follows and are depicted in the Wellhead Protection District Map described in § 178-4:
(1)
Zone 1A. Zone 1A includes those land areas within the Town located
directly over the aquifer and immediately surrounding each public
well. It covers those areas within which groundwater is estimated
to take approximately two years or less to reach the corresponding
well.
(2)
Zone 1B. Zone 1B includes those land areas within the Town located
directly over the aquifer but outside of Zone 1A, within which groundwater
is estimated to take approximately five years or less to reach the
corresponding well.
(3)
Zone 2. Zone 2 is also known as the "Watershed Recharge Area"
for each well. It includes those land areas within the Town that contribute
water to the corresponding public well. It can include portions of
the aquifer that contribute flow to the supply well and can also include
upland areas, outside of the aquifer boundary. It is essentially the
drainage area to Zones 1A and 1B.
D.
Prohibited uses and activities. The following uses and activities
and expansions of any such existing uses and activities, except as
allowed herein, are prohibited within Wellhead Protection Zone 1A
regardless of whether such use or activity is an allowable use within
the underlying Zoning District that is overlain by that zone:
(1)
The discharge, land application or disposal of any hazardous
material, toxic substance, or radioactive material (as defined by
any applicable state or federal law).
(2)
The production or processing of bulk quantities of any hazardous
material or toxic substance (as defined by any applicable state or
federal law).
(3)
The open storage of pesticides, herbicides, or fungicides (as
defined by any applicable state or federal law).
(4)
The dumping or disposing of snow or ice collected off-site from
roadways or parking areas.
(5)
The open or bulk storage of coal or chloride salts.
(6)
Any form of underground injection of hazardous materials or
toxic substances (as defined under any applicable state or federal
law).
(7)
Gas stations, solid waste disposal facilities and junkyards.
(9)
The use of septic system additives and cleaners which contain
toxic substances or hazardous materials (as defined by applicable
state or federal law).
(10)
The disposal of toxic substances or hazardous materials (as
defined under applicable state or federal law) by means of discharge
to a septic system.
(11)
All new mines and all forms of mining are prohibited within
Wellhead Protection Zone 1A, except that existing mines in such areas
may continue to operate if previously permitted, and may expand laterally
within the existing property, but may not expand into and below the
water table in Wellhead Protection Zone 1A unless such expansion or
operation below the water table was previously permitted by the NYSDEC
prior to the enactment of this provision.
E.
The uses identified in Subsection D above are not prohibited within Wellhead Protection Zone 1B or Zone 2, unless such uses are not authorized in or are otherwise prohibited in the underlying zoning district, but new mines and mining may not be undertaken or expanded if located within the Aquifer Protection District without a special permit issued pursuant to § 178-46.
The following provisions are applicable to the
B-1, B-2, B-3, I-1 and I-2 Zoning Districts created and defined herein.
A.
Lot coverage. Lot coverage shall comply with the more
restrictive of the Town's bulk regulations, wellhead protection zones
or as otherwise required by the Town Planning Board as well as other
Town requirements. Structures, parking areas and roadways shall not
occupy more than the maximum lot coverage indicated by the following:
(1)
Lots or parcels located in Wellhead Protection Zone
1a as defined on the Zoning Map shall provide 50% greenspace.
(2)
Lots or parcels located in Wellhead Protection Zone
1b as defined on the Zoning Map shall provide 30% greenspace.
(3)
Lots or parcels located outside of Wellhead Protection
Zones 1a and 1b as defined on the Zoning Map shall provide 25% greenspace.
(4)
Lots or parcels having areas of three acres or less,
regardless of location, shall provide 20% greenspace. Notwithstanding
the foregoing, the Planning Board may, by special permit, reduce the
required greenspace in lots or parcels having three acres or less
in area to 15%.
(5)
Any parcel of three acres or less created by subdivision
or other method after the effective date of this article shall not
exceed 70% lot coverage in Zones 1a and 1b and 75% lot coverage in
Zone 2 and outside wellhead zones.
(6)
Agricultural uses, single-family and two-family residential
uses and accessory residential uses shall be exempt from the lot coverage
provisions of this article.
(7)
Developed properties or sites in existence on the
effective date of this article that change ownership with no change
in the size of an existing building, structure, parking lot and/or
driveway shall be exempt from the lot coverage provisions of this
article.
(8)
For any properties that do not presently conform to
lot coverage required by this article, any change in the size of an
existing building, structure, parking lot and/or driveway that is
500 square feet or more shall result in a reduction of the amount
of the parcel's impervious surface by 5%. This requirement will apply
to subsequent alterations of 500 square feet or more to an existing
building, structure, parking lot and/or driveway until the site's
impervious surface was reduced to meet the parcel's overall lot coverage
requirement.
B.
Setbacks. All setbacks shall comply with the Town's
bulk regulations or as otherwise required by the Town Planning Board
as well as other Town requirements.[1]
[1]
Editor's Note: Former Subsection C, which pertained to lot depths, was redesignated as § 140-6D(2)(c) 12-16-2009 by L.L. No. 3-2009.
