||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.
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.
- 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.
- Sanitary landfill, septage lagoons, waste water treatment facilities for municipal or
industrial waste, or other waste processing or transfer facilities.
- Road salt storage and salt storage loading sites.
- Junkyard, salvage yard, truck terminal.
- Vehicle service operations. To include but not be limited to fuel stations, auto service
stations, body shops, rust-proofing, and auto sales dealership.
- New or enlarged fertilizer storage facilities.
- Engine repair or machine shops.
- Dry cleaners, printers, furniture strippers, photo processors and labs.
- Medical, dental or veterinarian offices, beauty salons, kennels, car washes, science,
research or medical laboratories.
- Cemeteries, in compliance with State Statute prohibitions.
42.04- OTHER REQUIREMENTS AND RESTRICTIONS- The following requirements shall apply:
- 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.
- 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.
- Minimum buffers, from buildings, structures, septic systems, impervious surfaces, and
other sources of pollution, shall be maintained as follows:
- One Hundred feet (100') shall be maintained between water courses and wetlands
contributing to the public water supply, and the developed land area.
- 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.
- No discharge of wastewaters to surface and groundwaters are permitted unless allowed
by State Statue and/or Planning and Zoning Regulations.
- 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.
- 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
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:
- 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.
- 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.
- Areas shall be enclosed and roofed to protect it from the weather.
- 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.
- Loading docks shall be designed to protect spillage or discharges, and located away
from storm drains.
- A maintenance and inspection schedule of the areas or structures may be required.
- 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
spill containment materials onsite, as a part of the plan.
- 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:
- All raw materials and waste materials shall be stored and handled so as to prevent contact
- 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.
- 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.
- Restriction of road salt (NaC1) application.
- 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.
- 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).
- 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.
- 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,
gross particles separators, and biofilters).
- 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.
- Uses are subject to the site plan requirements of Section 55 of the Zoning Code.
(Section amended effective 5/26/98)