§ 270-189. Zone II, Primary Recharge Zone.  


Latest version.
  • Except to the extent that broader prohibitions or more stringent limitations and requirements are set forth in this section, all regulations and provisions applicable to Zones IV and III shall also apply to Zone II.
    A. 
    Uses that pose a risk to groundwater quality due to associated storage, use or handling of hazardous materials or toxic substances, as defined by regulations promulgated under authority of the New York State Environmental Conservation Law, Articles 3, 17, 37 or 40, and amendments thereto, are prohibited. These uses include but are not limited to motor vehicle service or body shops; salvage yards; trucking or bus terminals; coin or commercial laundries; on-site processing relating to dry cleaning and dyeing establishments; furniture stripping and refinishing operations; printing and photographic establishments; the storage for sale of gasoline, diesel fuel, heating oil, lubricants, antifreeze, solvents or agricultural or industrial chemicals.
    B. 
    The commercial excavation or extraction of soils, sands and gravels, with the exception of those existing mining operations authorized by the New York State Department of Environmental Conservation under Article 23, Title 27, of the New York State Environmental Conservation Law, is prohibited.
    C. 
    The introduction into an existing on-site disposal system of any material that is potentially hazardous to groundwater quality, including but not limited to petroleum products, solvents or brines, is prohibited.
    D. 
    The establishment of any solid waste management or waste treatment facility is prohibited.
    E. 
    The installation of any underground storage facility is prohibited.
    F. 
    The interment of human or animal remains is prohibited.
    G. 
    The dumping or disposing of snow or ice collected off-site from roadways or parking areas is prohibited.
    H. 
    Approval is required from the appropriate municipal authority having jurisdiction prior to the installation of any new on-site septic disposal system or the replacement or expansion of any existing on-site septic disposal system. Conditions for approval shall include an engineering plan deemed acceptable by the Municipal Building Inspector/Code Enforcement Officer and/or Engineer, a site-specific soils analysis, verification of the site's percolation rate and inspection of the site before backfilling. A copy of the approval will be forwarded to the Water Purveyor.
    Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
    I. 
    Approval is required from the appropriate Municipal Water Purveyor prior to the spreading, application or use of any pesticide, herbicide or fungicide for commercial agricultural purposes. Applications for approval shall include a description of the area to be covered and identification of the type and volume of the material to be used, plus a full environmental assessment of the activity's potential to contaminate the groundwater. A referral is required from the county's Soil and Water Conservation District representative and the county's Cooperative Extension Office representative prior to the spreading, application or use of any pesticides, fungicides or herbicides by any licensed applicator.
Amended 5-8-1991 by L.L. No. 2-1991