[Amended 2-23-2009 by L.L. No. 1-2009]
The Town of Goshen has determined, through hydrologic studies, that groundwater supply and quality are serious limiting factors in the development of land within the Town. In order to safeguard the Town's potable water supplies, portions of the Town are hereby divided into two Aquifer Overlay Subdistricts shown on the Overlay District Map as AQ-3 and AQ-6. All proposed uses within the AQ Overlay District, except for small-scale residential development in the RU District (see §
97-19), shall be subject to the requirements of this section. The regulations in this section set the maximum potential limit for density or intensity of development on a particular site and are based primarily upon the findings of the Town-Wide Potable Water Planning Study, dated January 2003 (hereinafter referred to as the "Potable Water Study"), prepared by the engineering firm Schoor DePalma, referred to in the Comprehensive Plan and available in the office of the Building Inspector. The Potable Water Study divided the Town into numbered watersheds for analytical purposes. As used in this §
97-27, the term "watershed" refers to the watersheds identified in the Potable Water Study.
A. Maximum densities for residential uses. Except as provided in Subsection
B below, the maximum allowable density for residential uses that are not served by public sewer and public water shall be three acres per dwelling unit in the AQ-3 and six acres per dwelling unit in the AQ-6. This shall not apply to small-scale development (see §
97-19), except that any subsequent development of parcels from which small-scale development lots have been subdivided shall result in total densities (including the small-scale development lots) no greater than permitted by this Subsection
A. For residential uses that are served by public water, if the water source is groundwater located within the Town of Goshen, the water protocols referred to in Subsection
D shall be followed to determine the amount of water that may be withdrawn for the development. This may limit the permitted density within a proposed development.
B. The maximum densities referred to in Subsection
A above may be increased if an applicant can show, through site-specific hydrological analysis and project design measures, that the particular proposed project will not adversely affect the supply and quality of potable water, using the water testing protocols described in Subsection
D below and Appendix C. The applicant may propose design measures to reduce impacts on potable water, which shall be considered by the Planning Board in determining an alternative allowable density. Such measures may include, without limitation, minimization of impervious surfaces, minimization of lawns and water-consumptive gardens, prohibition of or use of moisture meters on lawn sprinkler systems, use of gray water recycling, advanced subsurface wastewater discharge systems and use of water-saving plumbing fixtures that are more efficient than required by applicable building and plumbing codes. The maximum density increase provided in this subsection shall be no greater than one unit per two unconstrained acres in the AQ-3 and one unit per three unconstrained acres in the AQ-6.
C. Nonresidential uses. Nonresidential uses which are not served by public sewer and public water shall be evaluated on a case-by-case basis for their impact on groundwater supply and quality. For nonresidential uses that are served by public water, if the water source is groundwater located within the Town of Goshen, the water protocols referred to in Subsection
D shall be followed to determine the amount of water that may be withdrawn for the development. Such nonresidential uses shall be subject to such restrictions on operations, use of materials, waste management, and stormwater control as the Planning Board deems necessary to protect groundwater resources from pollution. The Planning Board may deny site plan or special permit approval for any use in which the applicant cannot show that adequate protective measures will be taken to prevent potentially hazardous materials or wastes from endangering groundwater resources.
D. Water testing protocols. The water testing protocols to be applied in conjunction with the requirements of this §
97-27 are contained in Appendix C of this chapter.
E. Well monitoring and reporting. All wells that are drilled pursuant to this section or as required in the course of any development approval shall be subject to reporting requirements established by the Planning Board in order to determine the actual impact of the development on the Town's potable water supply. This well data shall be filed with the Building Inspector within one week of obtaining test results and will be used as part of an ongoing effort to refine and update the Town's groundwater information in order to improve the Town's aquifer protection system. This data will normally be collected and reported at the time the wells are first drilled and tested.