Sidebar Planning and Zoning Code- Section 42

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SECTION 42- PROTECTION OF WATER SOURCES

42.00- PURPOSE OF REGULATIONS- To provide for the protection of water sources which are or may be used for public water supply. This includes unique geologic units called aquifers, capable of yielding usable amount of groundwater, and areas called watersheds in which surface water drains into reservoirs. The boundaries of the City's aquifer and watershed areas are shown the Zoning Map and are hereby designated the geographic boundaries of the water protection boundaries. (Revised effective 11/10/88.)

42.01- WATERSHED PROTECTION AREAS (WPA)- The Watershed Protection Area is an overlay district which provides for additional conditions, standards and safeguards to the permitted users of the underlying district in order to protect and maintain the surface waters and ground waters, of the Middletown Public Water Supply Watershed to a quality consistent with their uses as a primary source of drinking water for the City.

42.02- NON-PERMITTED USES- Within this district the requirements for the underlying districts continues to apply, except that the following uses are prohibited, even where the underlying district requirements are more permissive.

  1. Any industrial, commercial or other use in which the manufacture, use, storage, transport, process or disposal of hazardous materials or waste is a primary use.
  2. Sanitary landfill, septage lagoons, waste water treatment facilities for municipal or industrial waste, or other waste processing or transfer facilities.
  3. Road salt storage and salt storage loading sites.
  4. Junkyard, salvage yard, truck terminal.
  5. Vehicle service operations. To include but not be limited to fuel stations, auto service stations, body shops, rust-proofing, and auto sales dealership.
  6. New or enlarged fertilizer storage facilities.
  7. Engine repair or machine shops.
  8. Dry cleaners, printers, furniture strippers, photo processors and labs.
  9. Medical, dental or veterinarian offices, beauty salons, kennels, car washes, science, research or medical laboratories.
  10. Cemeteries, in compliance with State Statute prohibitions.
42.03- COVERAGE, BUFFERS, AND SETBACKS- Within the Watershed Protection areas, the following additional lot requirements shall apply except for 1 and 2 family residential lots which are excluded. In the instances where the underlying zone requirements are different, the more stringent shall apply.
  1. Total lot coverage shall not exceed 60% of the lot area. To be included in the 60% maximum, include but not limited to the following: all buildings, walkways, travelways (paved and unpaved), paved islands, paved boulevards, impervious storm water management structures, and other structures deemed applicable by the Planning and Zoning Commission.
  2. A minimum of 20% of the total lot area parcel within a proposed subdivision shall be retained in its natural state. The 20% shall be incorporated in the site plan to buffer sensitive wetlands, water courses, and public water supplies. In those areas where previous land disturbances has occurred, this 20% shall be restored and re-vegetated in keeping with the intent of the regulation.
  3. Minimum buffers, from buildings, structures, septic systems, impervious surfaces, and other sources of pollution, shall be maintained as follows:
    1. One Hundred feet (100') shall be maintained between water courses and wetlands contributing to the public water supply, and the developed land area.
    2. One Hundred feet (100') shall be maintained between water courses and wetlands contributing to the public water supply, and outlet drainage structures to include but not limited to level spreaders, splash pools, detention and retention basins, and flared end outlets. There shall also be a demonstration by the developer that within this distance there is no more than a minimal impact on the public water supply from point source hydraulic loading.
42.04- OTHER REQUIREMENTS AND RESTRICTIONS- The following requirements shall apply:
  1. No discharge of wastewaters to surface and groundwaters are permitted unless allowed by State Statue and/or Planning and Zoning Regulations.
  2. Underground storage of hazardous materials as defined by the DEP and EPA is not allowed. Underground fuel storage tanks are also expressly prohibited; except underground storage for propane will be allowed provided the installation meets all other applicable codes.
  3. Above ground storage of hazardous materials as defined by DEP and EPA is quantities greater than associated with normal operation of the approved use, normal on-site clerical and on-site janitorial use, other than fuel storage for space heating, is not allowed. Fuel storage for space heating shall be in an environmentally protected area and shall be set within an impoundment area that is 110% of the volumetric capacity of the fuel storage tack. Areas where hazardous materials are used, handled or stored shall be designed as follows:
    1. Floor surfaces shall be impermeable to stored materials and have containment dikes, sumps, or berms surrounding them. unless other acceptable methods are used, a containment area shall be constructed to contain 110% of the maximum storage volume.
    2. There shall be no floor drains in storage areas. Floor drains may be allowed in processing areas if connected to a public sanitary sewer and proceeded by an approval treatment system, or approved holding tank.
    3. Areas shall be enclosed and roofed to protect it from the weather.
    4. Dumpsters used for wastes shall be covered or located within a roofed area, have drain plugs intact, and be on impermeable surface away from storm drains.
    5. Loading docks shall be designed to protect spillage or discharges, and located away from storm drains.
    6. A maintenance and inspection schedule of the areas or structures may be required.
    7. A spill response plan shall be provided to the City's Water Pollution Control Authority and updated annually. The spill response plan shall include the availability of spill containment materials onsite, as a part of the plan.
  4. Stormwater management facilities shall be designed to manage site runoff to prevent surface and groundwater pollution sources and where required control peak discharges and provide pollution treatment.
    The following measures and restrictions shall apply:
    1. All raw materials and waste materials shall be stored and handled so as to prevent contact with stormwater.
    2. The use of underground drywells is not allowed for any stormwater from developed areas, except for roof drainage in groundwater supply areas. Such structures may be used in reservoir watersheds, where structures would threat runoff and not attract ground water supplies.
    3. Detention ponds, basins, swales, grease, oil, and grit separators, or other measures designed to treat runoff, contain pollution, and control peak flows, and infiltrate clean water, may be required. It is the applicant's obligation to demonstrate that development has less than a minimal impact to the otherwise undisturbed natural runoff from the site.
    4. Restriction of road salt (NaC1) application.
    5. Where it is determined that development may result in significant water quality effects from development runoff, the proposal may be referred to the State's Department of Environment Protection and/or the City of Middletown Environmental Planner for an advisory comment. A maintenance and inspection plan and schedule, shall be provided.
  5. Where the use poses a significant threat to water quality due to total structure loss of fire, fire protection, response, and containment measures may be required (e.g. public water, sprinklers, chemical extinguishers, and similar measures).
  6. Where potential exists for public sewers to be used for wastes other than domestic sewerage or where the sewer line passes through or adjacent to a sensitive resource area including a water course, wetland or stratified drift aquifer, the sewer line shall be constructed in accordance with good Engineering Standards, as approved by the City's Water & Sewer Department.
  7. Unless otherwise acceptable, all treatment and protection structures, facilities, and measures shall meet State Department of Environment Protection standards, or in compliance with Best Management Practices (BMP) and Best Available Technology (BAT) guidelines (including, but not limited to, oil/water separators, detention basins, retention basins, aeration structures, gross particles separators, and biofilters).
  8. If any proposed treatment, measure or practice is in question, it may be referred to the State Department of Environment Protection, State Department of Public Health, City of Middletown Environmental Planner, or other agency for review and comment. Evidence or required permits or approvals may be required and the Commission may require additional modeling, analysis, and evaluation to assure that there be no negative impacts on the Watershed. The applicant shall be responsible for any additional fees as a result of these requirements.
  9. Uses are subject to the site plan requirements of Section 55 of the Zoning Code.

(Section amended effective 5/26/98)

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