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  Zoning Districts | Back to Zoning Codes | PDF File
  Article 5: Aquifer Protection Zone
  1. 500.00 Aquifer Protection Zone
Section 500.00 Aquifer Protection Zone

  1. Purpose
    1. An Aquifer Protection Zone has been established to prevent contamination and depletion of the groundwater resources within the aquifer area that provides drinking water for private residential wells and municipal wells operated by the Village of Alfred. The Aquifer Protection Zone is not restricted to any particular zoning district, but overlays other existing districts shown on the Zoning Map. Any uses permitted in the underlying zoning districts shall be permitted in the Aquifer Protection Zone, except where the Aquifer Protection Zone prohibits or imposes greater or additional restrictions and requirements. In any cases where conflicts arise between these requirements and any other existing regulations, the more restrictive regulations shall apply. If a lot or combination of parcels for which a single development is proposed is wholly or partially within the Aquifer Protection Zone, the provisions of the Aquifer Protection Zone shall apply to all property within such lot or combination of parcels.
    2. For the purposes of this law, land included in the Aquifer Protection Zone shall be delineated on a map entitled “Village of Alfred Aquifer Protection Zone” filed with the Village Clerk’s Office. Boundaries were determined by the New York Rural Water Association using best available information.
  2. Prohibited Uses And Activities in the Aquifer Protection Zone
    1. Establishment of any solid waste management facility, radiological waste facility, pathological or medical waste facility or hazardous waste treatment, storage or disposal facility. The Village of Alfred waste treatment plant is not covered under this statute as a prohibited use.
    2. Surface land application of septage, sewage, sludge or human excreta.
    3. Disposal of any solid waste, petroleum, radioactive material, hazardous substance, hazardous waste or non-sewage wastewater into or onto land. Exception: Small amounts of medical waste, radiological material and other wastes used periodically in testing by Alfred State College and Alfred University and disposed of in an environmentally safe method, under the direction of a professor of Alfred State College or Alfred University.
    4. Outdoor uncovered stockpiling or bulk storage of coal, deicing compounds, pesticides or fertilizers.
    5. Underground storage of petroleum products, hazardous substances, hazardous waste, pesticides and fertilizers. All pre-existing, or proposed new underground storage tanks, must meet USEPAS regulations and standards for UST’s as found in 40 CFR Part 280 and 40 CFR Part 281.
  3. Except for single-family residential use, any proposed use to be implemented in the Aquifer Protection Zone shall be reviewed by the Village Planning Board before granting a Zoning Permit.
  4. A Site Development Plan with specific uses located on a map and described in detail shall be submitted to the Village Planning Board for all uses pursuant to this law. This plan will include details regarding the location of the premises and all features of the system necessary for the satisfactory conveyance, storage, distribution, use and disposal of storm water, processes wastes, wastewater, petroleum, hazardous substances and wastes, solid waste and incidental wastes. In addition, description of the means of water supply will be provided including an estimate of the total daily groundwater withdrawal rate if applicable.
    The Village Planning Board, in its review of the Site Development Plan, shall be guided by the following standards:
    1. Any proposed use will not adversely impact the quality of water resources supplying private wells and/or any and all wells serving as water sources for the Village of Alfred water supply.
    2. Any proposed use will not adversely impact the quantity of water resources supplying private wells and/or any and all wells serving as water sources for the Village of Alfred water supply.
    3. The Village Planning Board may require the applicant to submit detailed technical data concerning: (a) the effects of the use on water quality and quantity; and (b) the design of control measures proposed to reduce any such effects.
    4. The Village Planning Board may require changes or additions to the Site Plan as a condition of approval to safeguard water resources. No permit shall be issued unless and until such conditions have been fully met or performed. All improvements to the site shall be completed in strict conformance with the Site Development Plan as approved.
    5. Granting approval for any use shall not constitute a guarantee of any kind of the municipality, or by any officer or employee, of the safety of any use and shall create no liability upon or cause of action against any public body, officer or employee for any damage that may result from the approval of a Zoning Permit.

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