The purpose and intent of the Aquifer Protection
District is, in the interest of public health, safety and general
welfare, to preserve the quality and quantity of the town's groundwater
resources in order to ensure a safe and healthy drinking water supply.
This is to be accomplished by regulating land uses which might contribute
to the contamination of any aquifers identified as necessary for the
present and future water supply of the Town of Cortlandville.
The Aquifer Protection District shall be considered
as overlying other zoning districts. Any uses permitted in the portions
of the districts so overlaid shall be permitted subject to all the
provisions of this district. In any cases where conflicts arise between
these supplemental regulations and any other existing regulations,
the more restrictive regulations shall apply.
Any use of property within the Aquifer Protection
District shall be permitted only upon obtaining a special permit from
the Town Board of the Town of Cortlandville when the use:
A. Violates or does not meet any of the provisions of §
178-45 herein.
B. Is a development, other than residential, of real
property exceeding $150,000 in development cost.
C. Is a use that anticipates an average daily on-site
water consumption exceeding 50,000 gallons per day (gpd).
Applicants for a special permit to develop in
the Aquifer Protection District shall submit the following:
A. The name, address and telephone number of the applicant.
B. If the applicant is a corporation, the name, address
and telephone number of all the corporate officers and directors.
C. 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.
D. Plans and protection measures for certain averages
of toxic substance use.
(1) When the use of toxic substances or hazardous materials
averages an amount equal to or in excess of 55 liquid gallons per
month or 500 pounds dry weight per month, the applicant must provide
for any design features, operating plans, and any other protection
measures as the Town Board deems appropriate and sufficient to prevent
and/or monitor groundwater contamination, especially in the event
of a potential leak or spill of these substances.
(2) When the use of toxic substances or hazardous materials averages less than 55 liquid gallons per month or 500 pounds dry weight per month, and when the project is determined to have a potential negative impact an groundwater quality, the Town Board may demand the applicant to provide for any and all design features, operating plans, and/or such other protection measures as per §
178-47D(1) above.
E. Plans and protection measures for certain amounts
of toxic substance storage.
(1) When storage of toxic substances or hazardous materials
at any one time is equal to or exceeds a total of 220 liquid gallons
or a total of 2,000 pounds dry weight, the applicant must provide
for any and all design features, operating plans, and such other additional
protection measures as the Town Board may require to prevent and/or
monitor groundwater contamination, especially in the event of a potential
leak or spill of these substances.
(2) When storage of toxic substances or hazardous materials at any one time is less than a total of 220 liquid gallons or a total of 2,000 pounds dry weight, the Town Board may demand the applicant to provide for any and all design features, operating plans, and such other additional protection measures as per §
178-47E(1) above.
F. Such other nonproprietary information as the Town
Board shall request in order to have all facts before it prior to
making their decision.
G. Copies of any permits and applications to any other
government agencies.
H. List of all toxic substances or hazardous materials
known to be used or stored on the premises, together with sufficient
detail to appraise the Town Board of the method of storage and the
amount of toxic substances or hazardous materials on the premises.
I. Method of disposal of toxic substances or hazardous
materials.
J. A full report regarding the use and storage of all
toxic substances and all hazardous materials.
Where a special permit has been previously issued,
a change in use requires application for a new special permit.
[Amended 8-5-1998 by L.L. No. 2-1998]
A violation of this Article
X is hereby declared to be an offense, punishable as provided in §
178-137.