Friends of the Croton Watershed

Proposed Amendments to Yorktown Law on Watershed Facilities

Town of Yorktown Code, Existing Section 90-61

Watershed and Water Supply Facilities

A. Permit approval by the Town Board shall be required for watershed and water supply facilities. All such facilities shall be located so as not to cause any nuisance to surrounding properties.

B. The Town Board may require suitable fencing or landscaping around any structures to safeguard the public and to screen the facilities from surrounding property.

C. No outdoor storage of materials shall be permitted in any residence district.

D. No water towers shall exceed one hundred (100) feet in height. Water towers shall be located a distance equal to twice their height from all property lines.

RESOLUTION OF THE TOWN BOARD OF THE TOWN OF YORKTOWN

WHEREAS, the Town desires to assure that its Zoning Ordinance is updated to reflect modern realities, including the Town's strong interest in preserving the health, safety and welfare of its citizens through the preservation of the environment, and

WHEREAS, the environment consists of not only the quality of air, water and soil, but also visual and aural aspects and open spaces, which equally deserve protection, and

WHEREAS, one aspect of the Town's Zoning Ordinance which has not been reviewed and updated for over 25 years is Section 90-61, "Watershed and Water Supply Facilities," a section which no longer contains sufficient protections for the citizens of the Town, given the possibly huge scale of potential watershed pumping, treatment and filtration facilities,

NOW THEREFORE, BE IT RESOLVED,

Section 90-61 of the Code of the Town of Yorktown is hereby amended as follows:

Section I

A. Permit approval by the Town Board shall be required for watershed and regional water supply facilities. All such facilities shall be located so as not to cause any nuisance to surrounding properties.

B. The Town Board may require suitable fencing or landscaping around any structures to safeguard the public and to screen the facilities from surrounding property.

C. No outdoor storage of materials shall be permitted in any residence district.

D. No water towers shall exceed one hundred (100) feet in height. Water towers shall be located a distance equal to twice their height from all property lines.

E. The Town Board, in granting such permit, may impose conditions to assure that the health, safety, welfare and aesthetic sensibilities of the community are not adversely affected by the proposed construction and operation of the facility, including but not limited to the following:

(1) The time and scheduling of construction work may be regulated to avoid evening and weekend disturbance to nearby landowners. Presumptively, any construction work after 6:00 p.m. and before 7:00 a.m. is deemed unacceptable.

(2) The number, routes, hours of operation and weight limit of trucks and other vehicles servicing the facility, or during the construction thereof, may be regulated by the Town Board so as to minimize adverse impacts.

(3) Prior to transporting any materials listed on either the State or federal hazardous substances lists, the facility owner/operator shall apply for a permit to the Town of Yorktown, describing the materials, specifying the route to be taken, and the approximate time or times that the materials are proposed to be transported.

(4) The facility shall be so located as to avoid impairing scenic vistas, including the vistas from public thoroughfares.

(5) All outdoor illumination will be installed so as to minimize visual pollution; only necessary lighting is allowed, and all lighting shall be directed downward. There shall be no nighttime "halo" effect.

(6) Operating noise shall be regulated so as to minimize disturbance to neighboring properties.

(7) The emission of noxious and/or harmful chemicals, whether into the ground, air or water, shall be prohibited. The storage of hazardous materials shall require explicit approval in the special permit, and shall only be permitted to the extent (i) such materials are necessary to the operation of the watershed facility, and (ii) suitable measures have been taken, and stated in the special permit and site plan, to avoid the spill or emission of such materials.

(8) The facility shall be operated in such a manner that noise, light, vibrations, and other effects of operation shall not be detectable outside the facility site.

(9) No facility shall receive a special permit without site plan approval by the Town Board, in accordance with the Town's development regulations. In reviewing such site plan, the Town Board shall have the power to impose such other further conditions as deemed necessary to the protection of the health and welfare of the community, and in particular, to the advancement of the goals set forth herein. All substantive and procedural aspects of site plan approval, including but not limited to SEQRA/Planning & Engineering fees, shall apply in such application.

(10) No facility shall receive a special permit without obtaining a wetlands permit from the Town Board in accordance with the Town's "Freshwater Wetlands and Watercourse Protection Law," Chapter 89 hereof, if required.

(11) Any permit granted under this section shall be for a term of no more than 5 years, requiring periodic renewals so as to provide opportunities for the Town Board to conduct compliance oversight.

F. Application; Fees. The application for a permit under this section shall include a detailed description of all aspects of the proposal, a scale site plan, architectural renderings of the proposed structure, and specific response to each of the items requested or required by this Section. The application fee for a special permit shall be $500.00 plus $1.00 per square foot of structure area, measured by exterior "footprint."

G. This law shall not apply to routine extensions and/or replacement of water pipes and other facilities. In addition, the Town Board shall have the power, upon application, to issue an exemption from all or any provision of this law.

Section II

Section 90-2 of the Code of the Town of Yorktown, "Definitions," is hereby amended to add the following:

"Watershed and Water Supply Facilities" -- Any component including but not limited to pipes, conduits, impoundment facilities, appurtenant equipment, and structures, whether above the ground, below the ground, or some combination thereof, constructed or operated in connection with a public or private water supply system. Provided, however, an accessory building measuring less than 100 square feet shall not be included.

Section III

If any provision of this law be declared invalid, the remaining provisions shall remain in full force and effect.

Section IV Effective Date. This local law shall take effect immediately upon filing in the Office of the Secretary of State of the State of New York, in accordance with the provisions of the Municipal Home Rule Law.