[1]
Editor's Note: Former § 235-24,
Agricultural District (AG), was repealed 2-20-2008 by L.L. No. 2-2008.
[Amended 2-20-2008 by L.L. No. 2-2008]
The Agricultural-Residential (AG-R) District
is designed primarily to preserve farmland and secondarily to preserve
the rural nature of the Town. Agricultural and residential uses have
a number of inherent conflicts between them. The purpose of this district
is to minimize these conflicts by separating the uses by providing
an area where agricultural uses are the primary use and low-density
residential development is a secondary use.
A.
Permitted uses. The following uses are permitted in
the Agricultural-Residential District:
B.
Uses requiring special use permit. The following uses
are permitted in an Agricultural-Residential District upon the issuance
of a special use permit:
(3)
Noncommercial wind energy system.
(4)
Outdoor recreation facility.
(5)
Club.
(6)
Airport landing strip.
(7)
Kennel.
(8)
Community center.
(10)
Public stable.
(11)
Commercial greenhouse.
(13)
Cemetery.
(15)
Animal hospital.
(16)
Residential care facility.
(17)
Auction house.
(18)
Day-care center.
(19)
Bed-and-breakfast.
(20)
Boardinghouse.
(22)
Animal shelter.
(27)
Self-service storage facility.
(30)
Accessory buildings, structures and uses related
to those uses allowed by special use permit (only site plan review
is required for approval).
C.
Uses requiring special use permit on arterial highways.
The following uses are permitted in the Agricultural-Residential District
upon the issuance of a special use permit, provided the affected lot
and proposed use front directly upon an arterial highway and the lot
involved is not located within 300 feet of a lot with an existing
residential use (other than residential uses located on the involved
lot) (such measurements shall be made between the nearest respective
lot lines):
D.
Area regulations. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
[Amended 2-20-2008 by L.L. No. 2-2008]
The Residential District is designed to accommodate
primarily residential uses on lots with a minimum area of 16,000 square
feet (provided public water or sewer is available) or 20,000 square
feet (no public water or sewer available). The purpose of this district
is to encourage residential growth in areas of the Town which have
existing concentrations of residential uses. The Residential District
will allow for more economical provision of public services such as
water and sanitary sewer should the need arise at some future date.
A.
Permitted uses. The following uses are permitted in
the Residential District:
(1)
One- and two-family dwellings.
(2)
Religious institutions.
(3)
Public parks, public playgrounds, and municipal uses.
(4)
Agricultural uses, excluding the stabling of animals
or the storage of manure, fertilizer, or similar odor- or dust-producing
substances.
(5)
Schools.
(6)
Accessory buildings, structures and uses.
B.
Uses requiring special use permit. The following uses
are permitted in the Residential District upon issuance of a special
use permit:
C.
Uses requiring special use permit on arterial highways.
The following uses are permitted in the Residential District upon
the issuance of a special use permit, provided the affected lot and
proposed use front directly upon an arterial highway:
D.
Area regulations. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
[Added 2-20-2008 by L.L. No. 2-2008]
A.
Purpose. The purpose of the HR - Hamlet Residential
District is to encourage a mix of residential uses and styles on lots
of varying sizes, in order to create and maintain residential neighborhoods
with high potential for socialization.
B.
C.
Uses requiring a special use permit:
(3)
Hospital, nursing home or convalescent home.
(4)
Public utilities, excluding telecommunications
facilities.
(5)
Community center.
(7)
Day-care center.
(8)
Boardinghouse.
(9)
Bed-and-breakfast.
(10)
Accessory buildings, structures and uses related
to those uses allowed by special use permit (only site plan review
is required for approval).
D.
Area regulations. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
[Amended 5-17-2006; 2-20-2008 by L.L. No. 2-2008]
The Commercial (C) District is designed to provide
areas within the Town for concentrations of commercial uses. These
districts are located along major highways to provide for maximum
development potential.
A.
Permitted uses. The following uses are permitted in
the Commercial District:
B.
Uses requiring special use permit. The following uses
are permitted in the Commercial District upon the issuance of a special
use permit:
(5)
Indoor recreation facility.
(6)
Light industrial.
(7)
Motor vehicle sales, service and repair.
(8)
Recreational vehicle and mobile home sales and service.
(10)
Residential uses, provided the predominant land
use within 500 feet of the proposal is also residential.
(11)
Warehouse.
(12)
Shopping center.
(13)
Day-care center.
(14)
Contractor's yard.
(15)
Car wash.
(16)
Self-service storage facility.
(18)
Recyclables handling and recovery facility.
(22)
Accessory buildings, structures and uses related
to those uses allowed by special use permit (only site plan review
is required for approval).
(23)
Outdoor recreation facility.
(24)
Noncommercial wind energy system.
C.
Area regulations. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
[Added 2-20-2008 by L.L. No. 2-2008]
A.
Purpose. The purpose of this district is to provide
for business development in the hamlet of East Pembroke business area,
including retail, office and service uses, public and semipublic uses,
as well as other business uses that are compatible with the surrounding
residential neighborhoods. Such businesses are intended to serve a
small amount of transient vehicular traffic, but mostly the neighboring
residential community. This district is intended to accommodate a
mix of uses within the district as well as multiple uses within individual
lots.
B.
Permitted uses. The following uses are permitted in
the Hamlet Commercial District:
C.
D.
Dimensional requirements. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
E.
Multiple uses permitted. Multiple uses may be permitted
upon a single lot, or in a single building, subject to site plan review.
[Amended 2-14-2001; 10-19-2005; 2-20-2008 by L.L. No. 2-2008]
The Industrial (I) District is designed to provide
areas within the Town which are appropriate for industrial-type uses.
In limiting industrial uses to the Industrial District, it is the
Town's intention to minimize the potential adverse impacts of such
uses.
B.
Uses requiring special use permit. The following uses
are permitted in the Industrial District upon the issuance of a special
use permit:
(2)
Industrial park.
(4)
Recyclables handling and recovery facility.
(5)
Self-service storage facility.
(6)
Manufacturing (unenclosed).
(7)
Contractor's yard.
(8)
Truck stop.
(9)
Trucking terminal.
(12)
Disposal transfer station.
(16)
Kennels.
(17)
Accessory buildings, structures and uses related
to those uses allowed by special use permit (only site plan review
is required for approval).
(18)
Commercial excavation.
(19)
Noncommercial wind energy system.
C.
Area regulations. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
[Amended 2-20-2008 by L.L. No. 2-2008]
The Industrial Park (IP) District is designed
to provide areas within the Town for the design of and development
as industrial parks. The IP District will encompass properties that
typically are not accessed directly from a major highway but instead
are serviced by a road system designed and intended for use by operations
within or immediately adjacent to the industrial park. The IP District
is designed to blend commercial and enclosed industrial uses, thus
maximizing the development potential by encouraging land uses which
will complement, rather than detract from, one another. Given the
industrial park setting, the required minimum lot frontages, lot widths
and yard setbacks are less than those required within the general
Industrial (I) Districts.
A.
Permitted uses. The following uses are permitted in
the Industrial Park (IP) District:
B.
Uses requiring a special use permit. The following
uses are permitted in the Industrial Park (IP) District upon the issuance
of a special use permit:
[Amened 4-20-2016 by L.L.
No. 1-2016]
A.
Purpose. The purpose of the Mobile Home Park District
is to provide an area within the town for development of additional
mobile home parks and for campgrounds.
A.
Purpose. The purpose of the Planned Unit Development
District is to permit greater flexibility, more creative and imaginative
design and utilization of innovative land development techniques while
promoting more economical and efficient use of land, buildings, circulation
systems and utilities; to provide for both individual building sites
and common property which are planned and developed as a unit; to
provide harmonious land uses which offer a high level of amenities;
to permit a variety of residential types and/or nonresidential uses;
and to preserve natural and scenic qualities of the site during the
development process.
B.
General requirements.
(1)
Minimum area. The minimum area required to qualify
for a planned unit development shall be 10 contiguous acres of land.
(2)
Ownership. The tract of land for a planned unit development
may be owned, leased or controlled either by a single person or corporation
or by a group of individuals or corporations. A petition must be filed
by the owner, or jointly by owners, of all property included in a
project. In the case of multiple ownership, the approved planned unit
development plan is binding on all owners.
(3)
Location. The Planned Unit Development District shall
be applicable to any zoning district or parts of zoning districts
where the applicant can demonstrate that the characteristics of his
holdings and plan will meet the objectives of this section.
(4)
Common open space. Common open space in a planned
unit development may be one or more sites for use in common by all
of the occupants within the project area or by the residents of the
town as a whole, depending upon dedication of such sites. Such common
open space may be retained in private ownership or received in dedication
by the town. If the open space remains in private ownership, arrangements
for the operation, maintenance, improvement and liability of such
common property and facilities must be approved by the Town Board.
No common open space, so designated by the proposal and approved by
the Town Board, may be thereafter developed or disposed of except
with the approval of the Town Board.
(5)
Permitted uses. Any uses identified as permitted uses
or uses allowed by special use permit as set forth in this chapter
for any district may be permitted in a planned unit development.
(6)
Mix of uses. The mix of permissible uses shall be
determined by the Town Board.
C.
Application procedure and approval process.
(1)
Conceptual review. Before submission of a petition
for rezoning as a planned unit development, the developer is encouraged
to meet with the Town Planning Board to determine the feasibility
and suitability of his proposal before entering into any binding commitments
or incurring substantial expenses of site plan preparation and the
required documentation.
(2)
Rezoning procedure.
(a)
Submission of petition. A petition for the establishment of planned unit development districts shall be submitted to the Town Clerk by the developer [see Subsection C(2)(d) of this section].
(b)
Notification and referral. Within five working
days, the Town Clerk shall notify the Town Board of the petition and
shall refer the petition and all supporting documentation to the Planning
Board for its review and recommendations.
(c)
Planning Board review. Within 62 days of receipt
of the petition, the Planning Board shall review it and recommend
approval, approval with modifications or disapproval thereof to the
Town Board. Failure to act within 62 days or such longer period as
may be consented to by the developer shall constitute approval of
said petition by the Planning Board.
(d)
Submission requirements. The developer shall
submit a minimum of four sets of such plans and drawings (additional
sets may be required). These four sets shall be submitted to the Town
Clerk. The preliminary plans shall be accompanied by such maps, charts
and written material necessary for the Boards to make a preliminary
judgment on the suitability and impact of the proposed planned unit
development on the town. Preliminary plans should include the following:
[1]
A preliminary site plan of the property covered
by the petition showing the approximate size and location of the various
development areas (road rights-of-way, single-family housing areas,
multifamily housing areas, commercial and open space areas, etc.);
the number and type of residential structures and dwelling units within
each residential area; the approximate square footage of nonresidential
use within each nonresidential area; the amount of open space; traffic
circulation; and the surrounding land uses.
[2]
A written preliminary description of the proposal,
including the total number of acres in the site; the estimated number
and type of housing units; the estimated residential and nonresidential
density; the major planning assumptions and objectives; the probable
effect on adjoining properties; and the effect on the overall town
development plan and the effect on this chapter.
(e)
Review considerations. In review of the preliminary
plans, the Planning Board shall consider the manner with which the
proposal fits the general pattern of land use established by this
chapter and the impact on the established land uses in the area, overall
density of development, traffic circulation, the provision of open
spaces, and the effect on schools and other municipal facilities.
(f)
Town Board review and approval. Upon receipt
of the Planning Board's recommendation, the Town Board may, after
a public hearing and review of the proposed zone change by the County
Planning Board, pursuant to General Municipal Law §§ 239-l
and 239-m, amend this chapter so as to establish and define the boundaries
of the planned unit development. If the rezoning request is approved
for the planned unit development, such action does not authorize improvements
to the rezoned land.
(3)
Final plan.
(a)
Ownership. Before final approval of the planned
unit development, the developer must show evidence of the full legal
ownership in the land.
(b)
Submission of final plan. Upon approval of the
zone change, the applicant has five years in which to submit a final
plan to the Town Clerk.
(c)
Notification and referral. Within five working
days, the Town Clerk shall notify the Town Board of the filing of
the final plan and shall refer the final plan and all supporting documentation
to the Planning Board for its review and recommendation.
(d)
Planning Board review. Within 62 days of receipt
of the final plan, the Planning Board shall review the final plan
and recommend approval, approval with modifications or disapproval
to the Town Board. Failure to act within 62 days or such longer period
as may be consented to by the developer shall constitute approval
of the final plan by the Planning Board.
(e)
Submission requirements. The applicant shall
submit a minimum of four complete sets of the final plan and drawings
(additional sets may be required). These four sets shall be submitted
to the Town Clerk. The final plan shall be accompanied by a detailed
justification for the proposal, including such maps, charts and written
material necessary for the Town Board to make an impartial judgment
on the suitability and impact of the proposed planned unit development
on the town. Such material shall include, but not be limited to, the
following:
[1]
A mapped development plan of the property covered
by the development showing the size and location of the various development
areas (road rights-of-way, single-family housing areas, multifamily
housing areas, commercial and open space areas, etc.), the location
of proposed residential structures and dwelling units within each
residential area, the square footage of nonresidential use within
each nonresidential area and the amount of open space.
[2]
A written description of the proposal, including
the major planning assumptions and objectives, the probable effect
on adjoining properties, the effect on the overall town development
plan and the effect on this chapter.
[3]
Such additional written material, graphs or
charts as are necessary to present the total number of acres in the
site, the number and type of housing units, the gross and net residential
densities, the approximate selling and/or rental prices of the units,
and square feet of nonresidential floor area, including the approximate
selling and/or rental price, the development schedule expressed in
units per month (or year or any other appropriate time sequence),
the phasing plan (if any), the approximate completion date of the
entire project, and the estimated total construction cost of the project
upon completion.
[4]
Such other written or graphic material as is
necessary for the Planning Board to judge the impact of the proposal
on the town. Such material shall include, but not be limited to, the
need for new public facilities and the adequacy of existing facilities,
including a statement of the intent to which the developer intends
to provide needed facilities, a fiscal impact statement, including
a summary of new costs and revenues to the town due to the development,
the projected new population, and the method of assuring that all
open spaces will be permanently maintained and devoted to open space
uses.
(f)
Review considerations. In review of the final
plan, the Planning Board shall consider the manner with which the
proposal fits the general pattern of land use established by this
chapter and the protection of the established and permitted uses in
the area. It shall consider the location of main and accessory buildings
and their relation to one another; the circulation pattern of the
site and the amount, location, and access of parking and off-street
loading space facilities; the height and bulk of buildings; the provision
of open spaces, landscaped areas, signs, and similar features of the
site plan and the safeguards provided to minimize possible detrimental
effects of the proposed development on adjacent property and the surrounding
neighborhood; the manner of conformance with the official development
policies of the town; the effect on schools and other municipal facilities;
and the manner in which natural and scenic characteristics of the
site are preserved.
(g)
Town Board review and approval. Upon receipt
of the Planning Board's recommendation, the Town Board shall, after
a public hearing and review of the final plan by the County Planning
Board, pursuant to General Municipal Law §§ 239-l and
239-m, approve, approve with modifications or disapprove the final
plan. The Town Board shall make its decision in accordance with official
town development policies and may impose conditions relating to that
plan. The decision of the Town Board shall immediately be filed in
the office of the Town Clerk and a copy mailed to the applicant by
regular mail.
D.
Design standards.
(1)
Area requirements. The least restrictive area, yard,
coverage, height, density and supplementary regulation requirements
applicable to a specific use under this chapter shall apply, except
where the Planning Board finds that it is in the public interest to
modify these requirements and the Town Board approves such modifications.
(2)
Traffic and circulation.
(a)
All proposed public roads shall meet the design
and construction specifications set forth by the Town Highway Superintendent
and/or Engineer.
(b)
Special consideration should be given to pedestrian
movement from the standpoint of safety, convenience and amenity. Sidewalks,
curbs and gutters should be considered in the design of the overall
circulation system.
(4)
Security. Performance and maintenance bonds or other
security may be required in the discretion of the Town Board.
[1]
Editor's Note: Specific planned unit development
regulations are included at the end of this chapter.
[Added 2-20-2008 by L.L. No. 2-2008]
A.
Purpose. The purpose of the Planned Business Development
(PBD) District is to:
(1)
Establish an area for new commercial, industrial,
recreational and/or mixed use development on a large scale that will
provide the Town and region with employment opportunities, additional
tax base and other community benefits, while minimizing impacts on
public services;
(2)
Prevent piecemeal development that would compromise
the availability and future marketability of a large area for significant
new development;
(3)
Accommodate continued agricultural use in an
area that is highly suited for agriculture;
(4)
Provide greater flexibility, more creative and
imaginative design and utilization of innovative land development
techniques while promoting more economical and efficient use of land,
buildings, circulation systems and utilities;
(5)
Provide for both individual building sites and
common property which are planned and developed as a unit; to provide
harmonious land uses which offer a high level of amenities;
(6)
Permit a variety of industrial, commercial and/or
recreational uses; and
(7)
Preserve natural and scenic qualities of the
site during the development process.
B.
Requirements. Any development proposed for the Planned
Business Development District shall meet the following requirements:
(1)
A coordinated development plan that addresses the requirements in this section and advances the purposes stated in Subsection A shall be presented for a contiguous land area that comprises at least 100 acres within the Planned Business Development District. Smaller developments would require an area variance from the Zoning Board of Appeals.
(2)
The preservation of open space and the preservation
of trees, outstanding natural topography and sensitive environmental
features shall be an integral part of the plan, while allowing sufficiently
intensive development to support the extension of infrastructure to
the PBD.
(3)
The development shall make creative and efficient
use of land and related physical development resulting in smaller
networks of utilities and streets and thereby lowering costs for construction
and maintenance.
(4)
Adequate public services. No development shall
be approved within the Planned Business Development District unless
the Town Engineer submits a satisfactory report to the Planning Board
regarding the following:
(a)
The project will be connected to municipal water
and sewer.
(b)
The project will not overburden the municipal
water and sewer system.
(c)
Adequate levels of water pressure are available
for fire service.
(d)
A traffic impact study, detailing impacts and
mitigation measures, has been prepared by each developer.
(e)
Any costs associated with improvements or upgrades
to public facilities may be included in the developer's construction
costs and carried out by the developer under the supervision of the
Town Engineer.
(5)
Utilities. New public and private utilities
and those relocated or replaced shall be underground, unless specifically
exempted by the Planning Board.
(6)
Topography, landscaping and site appearance.
(a)
Landscaping shall contribute to prevention of
water runoff and erosion problems. Temporary or permanent protection
shall be provided during construction to prevent such problems.
(b)
All developments within the district shall be
designed to take maximum advantage of the topography of the land,
to provide for water storage and control of water runoff, to protect
natural drainage courses, to reduce the amount of grading and maximize
the conservation of trees and topsoil.
(c)
The design of the perimeter landscaping and
improvements of each development should be visually harmonious and
compatible with adjoining development.
(7)
Development in phases. If the applicant wishes
to construct the development in phases, or if the Planning Board wishes
to require that development be phased, the applicant may submit final
site plans for only those phases for review per the approved phasing
plan, provided that such final site plans are consistent with the
coordinated development plan and approved preliminary site plan for
the entire site. Any plan anticipated to require more than 24 months
to be completed shall be required to be completed in phases, and a
phasing plan must be developed. The Code Enforcement Officer may withhold
the issuance of building permits if the approved phasing plan is not
being followed.
(8)
Performance. The Planning Board may require bonding, a letter of credit or other instrument to ensure that public and private improvements are carried out as specified in the plans and approvals, as provided for in § 235-63C(8).
(9)
Expiration. If no evidence of progressive activity
has occurred within two years of the date of approval or upon expiration
of any extension of time for starting development granted by the Planning
Board, the Planning Board may, with twenty-day-advance-notice to the
applicant, declare the approved plan to be null and void. Upon the
request of the applicant, the Planning Board shall automatically grant
a two-year extension for starting the development, and may thereafter
consider further extensions in its discretion.
C.
Permitted uses.
(1)
The following uses are permitted in the Planned
Business Development District:
(a)
Warehouse.
(b)
Manufacturing (enclosed).
(c)
Wholesale trade.
(d)
Commercial or professional office or service.
(e)
Research and development facility.
(f)
Governmental facilities.
(h)
Recyclables handling and recovery facility.
(j)
Agriculture.
(k)
Agricultural products processing or distribution
facilities.
(l)
Accessory buildings, structures and uses.
(2)
Uses requiring a special use permit. The following
uses are permitted in the Planned Business Development District upon
the issuance of a special use permit and provided the parcel fronts
on, and is directly accessed from, a state highway:
D.
Area regulations. See Zoning Schedule A.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
E.
Procedures.
(1)
Applicant. The applicant may be an individual,
corporation or a group of individuals or corporations. An application
shall be filed by the owner or jointly by the owners of all property
included in a project. In the case of multiple ownership, the approved
plan shall be binding on all owners.
(2)
Application for site plan approval for a planned
business development. Application for a site development plan for
a planned business development shall be made to the Planning Board.
The applicant shall furnish basic data pertaining to the boundaries
of the proposed development and the existing zoning, topography, drainage
and soil conditions. A site development plan shall be provided in
sufficient detail as may be required for an understanding of the type,
uses and design of the proposed development. Information shall be
provided to demonstrate that adequate public services exist or will
exist to serve the proposed development.
(3)
Planning Board review of site plan.
(a)
The Planning Board shall review the proposed site plan in accordance with the criteria and procedures established in § 235-63C.
(b)
The Planning Board shall also consider the following
criteria in its review of a proposed planned business development
within the PBD District:
[1]
The suitability of the tract for the general
type of development proposed and the physical characteristics of the
land.
[2]
The relation of the proposed development to
surrounding areas, existing and probable future development, including
the extension of utilities to adjacent properties and the interconnection
of road access to adjacent properties.
[3]
The relation to major roads, utilities and other
facilities and services.
[4]
The adequacy of evidence on unified control
and suitability of any proposed agreements, contracts, deed restrictions,
sureties, dedications, contributions, guaranties or other instruments
or the need for such instruments or for amendments in those proposed.
[5]
The suitability of plans proposed or the desirability
of amendments, with reasons therefor.
(4)
Public hearing on the application for site plan approval. Within 62 days of receipt of the application, the Planning Board shall hold a public hearing, after public notice, on the application for site plan approval for the initial planned business development. A public hearing shall be optional for subsequent development within an approved planned business development that may be subject to site plan review pursuant to § 235-63C.
(5)
Changes in approved final plans. Changes in
the types of uses within an approved planned business development
and other changes to approved final plans and reports may be approved
by the Planning Board only upon findings identical to those required
for original approval.
(6)
Upon approval of final plans and reports, building
permits shall be issued in the same manner as for building permits
generally, provided that any requirements concerning the order and
location in which building permits are to be issued in the particular
planned business development shall be observed. Except as provided
below, final plans and reports as approved shall be binding on the
applicants and any successors in title so long as PBD zoning applies
to the land.
(7)
Expiration of time limits on planned business
development site plan approvals.
(a)
The Planning Board may require that certain
actions be taken within specified time frames, as a condition of approval
of the site development plan.
(b)
If actions required in any approval of a site
plan in a PBD are not taken within any time limits set in connection
with such approval, the Planning Board shall review the circumstances
and prepare a written report specifying the circumstances and recommending
that:
(c)
Such recommendations shall include proposals
for appropriate action in respect to any legal instruments in the
case.
A.
The Floodplain Overlay Zone is shown on the Zoning
Map of the Town of Batavia for information purposes only to identify
potential areas of special flood hazard, to ensure coordinated review
of zoning and flood damage prevention regulations, and to minimize
the threat of flood damages. Exact boundaries of the special flood
hazard areas can be found on the Federal Emergency Management Agency's
most current Flood Insurance Rate Map (FIRM) or equivalent map for
the Town of Batavia (Community Number 360278).
B.
In addition to this chapter, areas within special flood hazard areas are regulated by Chapter 112, Flood Damage Prevention, of this Code, which is administered by the Building Inspector or other designee of the Town Board. These requirements are in addition to those contained in the underlying zoning district.
A.
Purpose. The Wellhead Protection Overlay Zone (WPO)
is established to preserve and protect those areas of the town which
are important to ensuring a safe and healthful drinking water supply
for the Batavia area, local residents, employees and the general public
through the preservation of the town's groundwater sources. The designation
of two Wellhead Protection Areas (WPA) within the Wellhead Protection
Overlay Zone and the careful regulation of activities with these zones
will reduce the potential for groundwater contamination. The Wellhead
Protection Overlay Zone will preserve and maintain the existing and
potential groundwater supplies, aquifers, and aquifer recharge areas
of the town and protect them from adverse development or land use
practices. The Wellhead Protection Overlay Zone will also conserve
the natural resources of the town and prevent pollution.
B.
General process. The Wellhead Protection Overlay Zone
shall be considered as overlaying other districts as shown on the
Zoning Map for the Town of Batavia. Any use not permitted in the underlying
zoning districts shall not be permitted in the Wellhead Protection
Overlay Zone. Any uses permitted in underlying zoning districts shall
be permitted in the Wellhead Protection Overlay Zone, except where
the Wellhead Protection Overlay Zone prohibits or imposes greater
or additional restrictions and requirements. In those instances where
the Wellhead Protection Overlay Zone prohibits a use, such use shall
not be allowed. In those instances where the Wellhead Protection Overlay
Zone contains additional or greater restrictions or regulations, such
uses shall not be allowed until such restrictions and/or regulations
are complied with. In any cases where conflicts arise between these
regulations and any other existing regulations, the more restrictive
regulations shall apply.
C.
Zone boundaries. Where the bounds of a particular Wellhead Protection Overlay Zone or any Wellhead Protection Areas as delineated on the Zoning Map are in doubt, the burden of proof shall be upon the owner(s) of the land in question or his official designee to show that the boundaries differ from those that are indicated. At the request of the owner(s) whose land has been designated as part of a Wellhead Protection Overlay Zone, the town may engage a professional hydrogeologist or geologist to determine more accurately the location and extent of an aquifer or recharge area and may charge the owner(s) for all or part of the cost of the investigation. Based upon acceptable documentation that the boundary of a Wellhead Protection Overlay Zone should be modified, the Town Board may consider amendment of such district boundary on the Town of Batavia Zoning Map pursuant to Article VIII of this chapter.
D.
Determination of presence and significance of the
Wellhead Protection Overlay Zone. For the purposes of this Wellhead
Protection Overlay Zone, there are hereby established within the Town
of Batavia certain Wellhead Protection Areas which consist of any
aquifer, the land above an aquifer, and significant aquifer recharge
areas. The establishment of these areas is confirmed by information
set forth in the City of Batavia Wellhead Protection Study (DATE)
and recommendations by the Wellhead Protection Project Technical Committee
and the Water Quality Advisory Committee. These Wellhead Protection
Areas are delineated on the Wellhead Protection Area Map and are described
as follows:
(1)
Wellhead Protection Area 1 (WPA1). As delineated,
Wellhead Protection Area 1 shall include those areas within the Primary
Wellhead Protection Area delineated WPA1 on the Wellhead Protection
Area Map.
(2)
Wellhead Protection Area 2 (WPA2). As delineated,
Wellhead Protection Area 2 shall include those areas outside of Wellhead
Protection Area 1 but within the area delineated as Secondary Wellhead
Protection Area or Wellhead Protection Area 2 (WPA2) on the Wellhead
Protection Area Map.
E.
Compliance with SEQR for actions within the Wellhead
Protection Overlay Zone. Wellhead Protection Area 1 (WPA1) is hereby
designated as a critical environmental area pursuant to the State
Environmental Quality Review Act (SEQR), 6 NYCRR 617.4(h) and 617.12(12).
As such, any unlisted action under SEQR shall automatically be reviewed
as a Type 1 action. Refer to 6 NYCRR 617.11 for specific review criteria
for Type 1 actions.
F.
Use regulations for the Wellhead Protection Overlay
Zone.
(1)
Prohibited uses and activities. Within all of the
Wellhead Protection Areas of the Wellhead Protection Overlay Zone,
the following uses and activities are specifically prohibited:
(a)
Sanitary landfills, including construction and
demolition debris landfills;
(b)
Junkyards or motor vehicle salvage operations;
(c)
Outside storage of road salt or other de-icing
chemicals;
(d)
Disposal of snow that contains de-icing materials
and that has been transported from areas outside the Wellhead Protection
Overlay District;
(e)
Storage of animal manure, not being used for
the primary purpose of agriculture;
(f)
Surface land application of septage, sludge,
or human excreta; and
(g)
The discharge, surface land application or disposal
of any hazardous substance, hazardous waste, petroleum, or radioactive
material.
(2)
Permitted uses. All uses currently permitted in the underlying district are permitted in the Wellhead Protection Overlay Zone subject to the additional requirements as indicated in Subsection F(3).
(3)
Additional requirements for the Wellhead Protection
Overlay Zone. The following requirements and standards shall be observed
for proposed land uses other than single- and two-family dwellings
and their accessory uses located within any portion of the Wellhead
Protection Overlay Zone or particular Wellhead Protection Areas, described
as follows:
(a)
Runoff/drainage.
[1]
Post-development conditions for a proposed use
within a Wellhead Protection Overlay Zone shall result in no increase
in the frequency and occurrence of stormwater runoff from predevelopment
conditions. In addition, the off-site impacts of erosion and sedimentation
from the proposed use shall not be any greater during and following
land disturbance activities than under predevelopment conditions.
[2]
Stormwater runoff shall be treated to prevent
water quality degradation of the receiving water body, including groundwater.
[3]
All stormwater runoff from impervious surface
areas shall be diverted to a nearby surface water body. If a nearby
surface water body is unavailable or if other physical constraints
prevent such diversion, all stormwater runoff from impervious surfaces
shall be recharged into the groundwater on the site via infiltration
trenches or infiltration basins.
[4]
The stormwater recharge area shall be at the
farthest point practical from the municipal wells.
[5]
Supplemental stormwater management practices,
such as open vegetated swales, vegetated buffer zones or filter strips,
may be used to compliment the infiltration trenches and infiltration
basins. Supplemental stormwater management practices shall not be
used as a substitute for infiltration trenches and infiltration basins.
[6]
The design of infiltration trenches, infiltration
basins, open vegetated swales, vegetated buffer zones and filter strips
shall be in accordance with the design criteria for these stormwater
management techniques as described in Chapter 6 of the Department
of Environmental Conservation (DEC) manual "Reducing the Impacts of
Stormwater Runoff from New Development."
[7]
Dry wells shall be used only where other methods
may not be feasible, as determined by the Planning Board, due to physical
constraints of the site. Dry wells shall be equipped with oil, grease,
and sediment traps.
[8]
Practices for controlling erosion and sedimentation
shall be selected from the New York Guidelines for Urban Erosion and
Sediment Control and the DEC manual "Reducing the Impacts of Stormwater
Runoff from New Development."
[9]
The applicant shall prepare a stormwater management
and erosion control plan using the outline presented in Chapter 4
of the DEC manual "Reducing the Impacts of Stormwater Runoff from
New Development." The stormwater management and erosion control plan
prepared by the applicant shall include, at a minimum, the following
components:
[a]
Background information about the
scope of the project;
[b]
A statement of stormwater management
and erosion and sediment control objectives;
[c]
A comparison of post-development
stormwater runoff conditions with predevelopment conditions. The applicant
shall submit calculations of the volume of stormwater runoff and peak
stormwater discharge rates under predevelopment and post-development
conditions for each of the following: the one-year, two-year, ten-year
and one-hundred-year twenty-four-hour storm event. The applicant shall
use the methodology described in the Soil Conservation Service's TR-20
or TR-55;
[d]
A description of proposed structural
and vegetative stormwater management measures, including treatment
for the first flush, to ensure that the quantity, temporal distribution,
and quality of stormwater runoff during and after development is not
substantially altered from predevelopment conditions. The applicant
shall apply the standards and criteria for designing stormwater facilities
to capture and treat the first flush as described in Chapters 5 and
6 of the DEC manual "Reducing the Impacts of Stormwater Runoff from
New Development";
[e]
A description of the temporary
erosion and sediment control facilities to be used during land clearing,
land grading, and the construction phase;
[f]
A description of permanent erosion
and sediment control facilities;
[g]
A description of the implementation
schedule for staging of all stormwater management facilities that
includes coordination with staging of erosion and sediment control
facilities and construction activities; and
[h]
A maintenance plan that describes
the type and frequency of maintenance required by the stormwater management
and erosion and sediment control facilities, arrangements for ensuring
long-term maintenance of stormwater management and erosion and sediment
control facilities, backup contingency plans, and the person(s) responsible
for implementing the maintenance plan and performing the described
maintenance.
[10]
The Planning Board may require that, in addition
to the preparation of a stormwater management and erosion control
plan, the applicant prepare a concise summary report that presents
the pertinent information and conclusions contained in the stormwater
management and erosion control plan.
(b)
Petroleum storage. Proposed uses within the
Wellhead Protection Overlay Zone are required to meet the following
standards for storage of petroleum in new or replacement storage tanks
and/or containers:
[1]
The storage of petroleum in underground or aboveground
tanks with a combined storage capacity of over 1,100 gallons shall
be in accordance with the standards of the New York State Department
of Environmental Conservation Rules and Regulations for Petroleum
Bulk Storage, 6 NYCRR 614. Additional design requirements for underground
and aboveground storage tanks shall include the following:
[a]
Piping for all underground storage
tanks and all aboveground storage tanks shall be equipped with secondary
containment constructed of product-tight materials.
[b]
Piping for all underground storage
tanks and all aboveground storage tanks shall be equipped with a leak
monitoring system.
[c]
All aboveground tanks shall be
equipped with a dike, berm or other secondary containment structure
constructed of material that is impervious to the product stored in
the tank. This containment structure shall be designed to contain
at least 120% of the volume of the largest tank enclosed by the containment
structure.
[d]
All outdoor storage areas, loading
docks, and product transfer areas shall be equipped with a permanent
covering of roof to protect tanks from adverse weather conditions
and to prevent stormwater from accumulating in the containment areas.
[e]
All loading docks and product transfer
areas shall be equipped with a spill pump which empties into a holding
tank to catch and store any spilled petroleum and accumulated stormwater
within the containment area until such time as it can be removed and
properly treated and/or disposed of.
[f]
All aboveground tanks shall be
equipped with visual gauges to monitor fluid levels.
[g]
Storage areas shall be secured
against unauthorized entry.
[2]
Indoor storage areas for petroleum shall meet
all applicable local, state and federal requirements and the design
requirements listed below. Indoor storage areas for petroleum used
for on-site consumption and the indoor storage of petroleum in quantities
necessary for household use (operating lawn care equipment, recreational
vehicles, snow blowers, etc.) shall be exempt from the design requirements
for indoor storage areas.
[a]
Petroleum shall be stored in containers
equipped with a lid.
[b]
All storage areas shall be equipped
with a pad and a dike, berm or other secondary containment structure
constructed of material that is impervious to the product stored in
the tank. This containment structure shall be designed to contain
at least 120% of the volume of the largest container enclosed by the
structure.
[c]
No storage areas shall be located
in proximity to floor drains.
[d]
Storage areas shall be secured
against unauthorized entry.
[3]
A spill control plan shall be prepared for any
facility that stores petroleum. Facilities that only store petroleum
for on-site consumption and the storage of petroleum in quantities
necessary for normal household use (operating lawn care equipment,
recreational vehicles, snow blowers, etc.) shall be exempt from the
requirement to prepare a spill control plan. The spill control plan
shall be posted in a conspicuous location. The spill control plan
shall include, at a minimum, the following components:
[a]
A site plan illustrating the direction
of stormwater and groundwater flow;
[b]
A description of operational procedures;
[c]
A description of potential spill
sources;
[d]
The spill response training program
for the employees;
[e]
The names and telephone numbers
of the person or persons responsible for responding to the spill;
[f]
The procedures for containing and
cleaning up the spill; and
[g]
The procedure for notifying the
Town of Batavia Fire Department, Town of Batavia Town Supervisor,
Town of Batavia Water and Sewer Personnel, and other appropriate local
and state officials of a spill, leak or other reportable discharge
as defined in 6 NYCRR 613.
[4]
Following site development, periodic inspections
of facilities involved in petroleum bulk storage may be performed
to ensure that these facilities pose no threat to the water supply.
To conduct such periodic inspections, the Building Inspector or his/her
designee(s) will notify the owner and/or his/her designee(s) by telephone
and in writing of the planned inspection. The owner and/or his/her
designee(s) shall grant the Building Inspector or his/her designee(s)
access to the site and the petroleum bulk storage facilities for the
purpose of a periodic inspection at a mutually agreeable time within
72 hours of notice of the inspection. This aforementioned requirement
for prior notification may be waived and the site accessed immediately
by the Building Inspector if he/she has reason to suspect an imminent
threat exists to the public health, safety and/or welfare. The purpose
of these inspections is to ascertain whether petroleum bulk storage
facilities are in good operating condition and the facility is in
compliance with the applicable requirements and standards of this
section.
(c)
Hazardous substance storage. Proposed uses within
the Wellhead Protection Overlay Zone are required to meet the following
standards for storage of hazardous substances in new or replacement
storage tanks or containers:
[1]
The underground storage or outdoor, aboveground
storage of hazardous substances, including pesticides, herbicides,
and fertilizers, is prohibited.
[2]
Indoor storage areas for quantities of hazardous substances, including pesticides, herbicides, and fertilizers, that total more than 250 pounds dry weight or 50 gallons liquid shall meet all applicable federal and state requirements and the additional design standards and requirements listed below. The indoor storage of hazardous substances, including pesticides, herbicides and fertilizers, in their original, sealed containers for the purposes of resale, shall only be exempt from the following three requirements and standards for indoor storage areas as specified in this Subsection F(3)(c), Hazardous substance storage: Subsection F(3)(c)[2][c], [d] and [e].
[a]
All products shall be stored in
product-tight containers equipped with a lid.
[b]
Each container shall be clearly
and visibly labeled.
[c]
Drip pans shall be located under
the spigots of drums or containers that are stored in a horizontal
position on racks to catch spills/leaks. Drip pans shall be routinely
emptied and the contents recycled, reused, or disposed of appropriately.
[d]
All storage areas shall be equipped
with a pad and a dike, berm or other containment structure constructed
of material that is impervious to the product stored in the tank,
This containment structure shall be designed to contain at least 120%
of the volume of the largest containers enclosed by the structure.
[e]
Storage areas shall be inspected
by the applicant at least once a week for signs of leaks or spills
and the aisle space between containers shall be adequate to allow
for inspections. A summary report, noting the results of weekly inspections,
shall be prepared every six months and sent to the Building Inspector.
[f]
Absorbent materials such as kitty
litter, sawdust, soil, or clay shall be kept on hand for emergency
cleanups and containment in the event of a spill.
[g]
No storage areas shall be located
in proximity to floor drains.
[h]
Storage areas shall be secured
against unauthorized entry.
[i]
An accurate log or inventory of
materials stored on site shall be maintained and provided to the Building
Inspector annually.
[3]
A spill control plan shall be approved and shall
be posted in a conspicuous location. The indoor storage of hazardous
substances, including pesticides, herbicides, and fertilizers, in
quantities necessary for normal household use or agricultural use,
shall be exempt from the requirement to prepare a spill control plan.
The spill control plan shall include, at a minimum, the following
components:
[a]
A site plan illustrating the direction
of stormwater and groundwater flow;
[b]
A description of operational procedures;
[c]
A description of potential spill
sources;
[d]
The spill response training program
for the employees;
[e]
The names and telephone numbers
of the person or persons responsible for responding to the spill;
and
[f]
The procedure for notifying the
Town of Batavia Fire Department, Town of Batavia Town Supervisor,
Town of Batavia Water and Sewer Personnel, and other appropriate local
and state officials of a spill, leak or other reportable discharge
as defined in 6 NYCRR 595 and 597.
[4]
Following site development, periodic inspections
of facilities that use or store hazardous substances may be performed
to ensure that these facilities pose no threat to the water supply.
To conduct such periodic inspections, the Building Inspector or his/her
designee(s) will notify the owner and/or his/her designee(s) by telephone
and in writing of the planned inspection. The owner and/or his/her
designee(s) shall grant the Building Inspector or his/her designee(s)
access to the site and the hazardous substance storage facilities
for the purpose of a periodic inspection at a mutually agreeable time
within 72 hours of notice of the inspection. This aforementioned requirement
for prior notification may be waived and the site accessed immediately
by the Building Inspector if he/she has reason to suspect an imminent
threat exists to the public health, safety and/or welfare. The purpose
of these inspections is to ascertain whether aboveground storage containers
for hazardous substances are in good operating condition and the facility
is in compliance with the applicable requirements and standards of
this section.
(d)
Individual sewage treatment system design requirements.
[1]
Individual sewage treatment systems shall comply
with all applicable requirements of the Genesee County Sanitary Code
and any applicable rules and regulations of the New York Health Department
or Department of Environmental Conservation.
[2]
A proposed use in the Wellhead Protection Overlay
District is also required to meet the following standards for the
design of residential and nonresidential individual sewage treatment
systems:
(e)
Monitoring wells.
[1]
At is sole discretion, the Planning Board may
require the provision of monitoring wells as a condition of site plan
approval for uses located within the Wellhead Protection Overlay District.
When monitoring wells are required, a minimum of three groundwater
monitoring wells shall be installed prior to site development for
the purposes of evaluating predevelopment and post-development groundwater
quality, groundwater flow direction, and groundwater elevation.
[2]
As other regulations and setback requirements
permit, one well shall be installed near an upgradient property boundary,
one well shall be installed near a downgradient property boundary,
and one well shall be installed between the two upgradient and downgradient
wells to facilitate the calculation of groundwater flow direction.
[3]
The specific location of the monitoring wells
shall be determined by a professional geologist, hydrogeologist, engineer,
or other qualified expert trained and experienced in hydrogeology.
The location of the monitoring wells shall be approved by the Planning
Board prior to site development.
[4]
Prior to site development, a groundwater sample
shall be collected from each of the monitoring wells and submitted
to a New York State certified analytical laboratory for analysis of
nitrate-nitrogen, sodium, chloride, coliform bacteria and other appropriate
parameters that represent each of the petroleum or hazardous substances
proposed to be used, stored or disposed of on site. Groundwater elevations
shall also be recorded and groundwater flow direction shall be calculated.
[5]
Three months after site development has been
completed, a groundwater sample shall be collected from each of the
monitoring wells and submitted to a New York State certified analytical
laboratory for analysis of each of the parameters tested for under
predevelopment conditions. Groundwater elevations shall also be recorded
and groundwater flow direction shall be calculated.
[6]
An initial summary report shall be prepared
that describes predevelopment and post-development groundwater quality,
groundwater elevation and groundwater flow direction. This initial
summary report shall be submitted to the Building Inspector within
six months of the completion of site development.
[7]
Following the submission of the initial summary
report, the applicant shall begin a monitoring program that includes
one sampling event each year during the wet season, defined as the
months of March, April, May, September, October and November. Groundwater
samples shall be collected from each of the monitoring wells and submitted
to a New York State certified analytical laboratory for analysis of
the parameters evaluated under predevelopment conditions and/or additional
parameters to reflect a change in the type of substances used, stored,
or disposed of on site. Groundwater elevations shall be recorded,
and groundwater flow direction shall be calculated. An annual summary
report that describes trends in groundwater quality and groundwater
flow direction shall be provided to the Building Inspector within
three months of the annual sampling event.
[8]
The costs of installing and operating the monitoring
wells, including sampling and laboratory analysis, and preparing the
required summary reports shall be borne by the owner or applicant.
Access to the monitoring wells shall be provided to the Planning Board
and/or its designee(s) for purposes of any additional water quality
sampling deemed appropriate by the Planning Board.
(f)
Floor drains. Floor drains for other than one-
and two-family dwellings are required to be connected to a holding
tank or an oil and grit separating tank that is connected to either
an approved on-site wastewater treatment system or a municipal sanitary
sewer system. Floor drains which are connected to the sanitary sewer
must meet discharge limits and permit requirements established by
the authority having jurisdiction.
(g)
Hazardous waste storage and disposal.
[1]
Proposed uses within the Wellhead Protection
Overlay Zone are required to meet the following standards for hazardous
waste disposal:
[a]
The underground storage or outdoor,
aboveground storage of hazardous waste is prohibited.
[b]
The owner or applicant shall demonstrate
the availability and feasibility of indoor storage and proper disposal
methods which are in conformance with all applicable local, state
and federal laws for any hazardous waste to be produced in quantities
greater than those associated with normal household or agricultural
use. The owner or applicant shall also demonstrate that wastes will
be properly handled and stored until disposed of by a licensed waste
hauler.
[2]
If a spill control plan is required by this
chapter for the storage of petroleum or hazardous substances, the
spill control plan shall include provisions for responding to an accidental
discharge of hazardous waste and shall include, at a minimum, the
following additional components that specifically address hazardous
waste:
[a]
A description of potential hazardous
waste spill sources;
[b]
The hazardous waste spill response
training program for the employees;
[c]
The names, addresses, and telephone
numbers of the person or persons responsible for responding to the
hazardous waste spill;
[d]
The procedures for containing and
cleaning up the hazardous waste spill; and
[e]
The procedure for notifying the
Fire Department, Building Inspector, Town of Batavia officials and
other appropriate local and state officials of a hazardous waste spill,
leak or other reportable discharge as defined in 6 NYCRR 372, Hazardous
Waste Manifest System and Related Standards for Generators, Transporters,
and Facilities.
[3]
Following site development periodic inspections
of facilities that use or store hazardous substances may be performed
to ensure that these facilities pose no threat to the water supply.
To conduct such periodic inspections, the Building Inspector or his/her
designee(s) will notify the owner and/or his/her designee(s) by telephone
and in writing of the planned inspection. The owner and/or his/her
designee(s) shall grant the Building Inspector or his/her designee(s)
access to the site and the hazardous substance storage facilities
for the purpose of a periodic inspection at a mutually agreeable time
within 72 hours of notice of the inspection. This aforementioned requirement
for prior notification may be waived and the site accessed immediately
by the Building Inspector if he/she has reason to suspect an imminent
threat exists to the public health, safety and/or welfare.
(h)
Road salt storage and application.
[1]
Safe alternatives to road salt, defined as sodium
chloride, such as calcium chloride and sand, shall be used whenever
possible. Signs shall be posted along roadways that receive no salt
or reduced salt application to inform motorists.
(i)
Pesticide application.
[1]
A proposed use within the Wellhead Protection
Overlay Zone is required to meet the following standards:
[a]
The application of liquid or solid
pesticides, herbicides, or chemical fertilizers shall be performed
in accordance with the recommendations and label of the manufacturer.
[b]
Nonagricultural use of liquid or
solid fertilizers, pesticides, and herbicides shall be in conformance
with the Best Management Practices described in materials developed
by the Cornell Cooperative Extension which are available from the
Municipal Clerk's office and the Planning Board.
[c]
Empty containers and unused pesticides
and herbicides shall be disposed of properly.
[d]
Property owners who enlist the
services of a commercial pesticide or herbicide applicator shall ensure
that the applicator is certified and licensed by the New York State
Department of Environmental Conservation.
[e]
Agricultural use of liquid or solid
fertilizers, including the land application of manure, and the use
of liquid or solid pesticides and herbicides shall be in conformance
with the Best Management Practices described in the DEC manual "Controlling
Agricultural Nonpoint Source Water Pollution in New York State - A
Guide to the Selection of Best Management Practices to Improve and
Protect Water Quality" and/or Best Management Practices as developed
by the New York State Soil and Water Conservation Committee and implemented
by the use of farm plans prepared by the Genesee County Soil and Water
Conservation District.
[2]
As applicable, all pesticide and herbicide use
and application shall be under permit as provided in the New York
State Environmental Conservation Law, Article 33.
[a]
Disposal of containers or unused
pesticides and herbicides is prohibited except in accordance with
the permit issued as provided in the New York State Environmental
Conservation Law, Article 33.
[b]
Disposal of water used for makeup
water or for washing of equipment is prohibited except pursuant to
permit issued as provided in the New York State Environmental Conservation
Law, Article 33.
[c]
Use of streams or watercourses
for makeup water or washing equipment used in conjunction with pesticides
and herbicides is prohibited.
[Added 2-20-2008 by L.L. No. 2-2008]
A summary of the permitted uses and uses allowed
with a special use permit for each zoning district is provided in
Schedule B, which is incorporated herein and made a part of this chapter.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
