The following are proposed technical changes to the Zoning Law.  The public hearing for these changes will be held Wednesday, August 15, 2007 at 6:00 PM in the Corinth Firehouse, 16 Saratoga Avenue.

Explanation – Matter in BOLD ITALICS is new; matter in brackets { } is old law to be omitted.

AMENDMENT TO THE CORINTH VILLAGE ZONING CODE,

IN RELATION TO MAKING CERTAIN TECHNICAL AMENDMENTS TO THE RESTRICTIONS ON BURNING OF WASTE AND ENERGY SOURCES IN THE VILLAGE OF CORINTH

            THE TRUSTEES OF THE VILLAGE OF CORINTH DO ENACT AS FOLLOWS:

Section 1. Section 138-18A of the Village Zoning Code, as added by Resolution No. 166 of the Village Board, passed on May 16, 2007, is amended as follows:

            §138-18A.  A. Purpose

The purpose of this Section is to protect the public health, safety, and welfare of persons and property within the Village of Corinth and, in accordance with the Master Plan of 2002, “provide adequate areas for industrial growth…,”and simultaneously “take steps toward protecting the character of [the Village’s] neighborhoods and Main Street.”

This Section will accomplish this goal by promoting pollution prevention via prohibiting: (i) the burning and/or processing of solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste for any purpose at any location within the Village of Corinth; and (ii) use of any fuel source for purposes of the recovery or generation of electricity at a non-residential premises without a special use permit from the Corinth Village Board of Trustees (the “the Village Board” or the “Board”).

This Section will ensure that solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste management continues to be conducted in a safe, sanitary, efficient and environmentally sound manner within the Village, and will protect the residents of the Village from the effects of solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste burning and/or processing, including:

a.       Unaesthetic results, including odors, blowing litter, increased traffic, dust and noise; and

b.      Deterioration or perceived deterioration in property values associated with adjacent or proximate burning and/or processing operations that may interfere with the orderly development of properties; and

c.       Threats to public health or the environment by contamination of air, land, surface waters or groundwaters.

This Section is also intended to exercise the Village’s police powers pursuant to the Municipal Home Rule, and to restrict waste disposal operations within the Village that might otherwise be permitted under the Environmental Conservation Law of the State of New York.  Section 27-0711 of the ECL specifically recognizes and authorizes the right and authority of a Village to legislate stricter controls on solid waste management operation than state law requires.

The Village Board recognizes the following in enacting this Section:

a.       The burning and/or processing of solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste within the Village may present a threat to the safety, health, and well being of the residents of the Village, and may impede the goals of the Master Plan as set forth above.

b.      The Village’s existing community character would be adversely and unalterably impacted by permitting the burning and/or processing of solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste within the Village.

c.       That Solid Waste regulation under the New York Environmental Conservation Law (ECL) and 6 NYCRR Part 360 deals with technical regulatory matters and is inadequate to relieve the foregoing concerns, including effects on land use and planning within the Village.

d.      The State Environmental Conservation Law invites local government to establish more strict standards necessary, in its judgment, to promote and protect the well being, health and safety of its citizens.

§138-18A.  B.  Definitions.

For the purposes of interpreting this Section 138-18A of the Village Code, the following definitions shall be controlling:

As used in this Section, the following terms shall have the meanings indicated:

AGRICULTURAL WASTE -- Any refuse, except garbage and dead animals, generated on a farm or ranch by crop and livestock production practices including, but not limited to, such items as bags, cartons, dry bedding, structural materials and crop residues but excluding landscape waste.

BURNING AND/OR PROCESSING – any type of combustion process involving any solid waste, including for use as a fuel in recovering usable energy.

COMMERCIAL WASTE -- Solid waste generated by stores, offices, institutions, warehouses, restaurants, and non-manufacturing activities in industrial facilities and agricultural enterprises.  

CONSTRUCTION AND DEMOLITION DEBRIS (“C&D”) – Uncontaminated solid waste resulting from the construction, remodeling, repair and demolition of utilities, structures and roads; and uncontaminated solid waste resulting from land clearing.  Such waste included, but is not limited to bricks, concrete and other masonry materials, soil, rock, wood (including painted, treated and coated wood and wood products, but not including unadulterated wood as set forth herein), land clearing debris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roof coverings, asphaltic pavement, glass, plastics, that are not sealed in a manner that conceals other wastes, empty buckets 10 gallons or less in size and having no more than one inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, and pipe and metals that are incidental to any of the above.  Solid waste that is not C&D debris (even if resulting from the construction, remodeling, repair and demolition of utilities, structures and roads and land clearing), includes but is not limited to asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, fluorescent lights, carpeting, furniture, appliances, tires, drums, containers greater than 10 gallons in size, any containers having more than one inch of residue remaining on the bottom and fuel tanks.  Specifically excluded from the definition of C&D debris is solid waste (including what otherwise would be C&D debris) resulting from any processing technique, other than that employed at a {department} Department of Environmental Conservation-approved C&D debris processing facility, that renders individual waste components unrecognizable, such as pulverizing or shredding.  Also, waste contained in an illegal disposal site may be considered C&D debris if the {department} Department of Environmental Conservation determines that such waste is similar in nature and content to C&D debris.

INDUSTRIAL WASTE -- Solid waste generated by manufacturing or industrial processes.  Such processes may include, but are not limited to the following:  electric power generation; fertilizer/agricultural chemicals; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment.  The forms of such wastes are exemplified by but not limited to: liquids such as acids, alkalis, caustics, leachate, petroleum (and its derivatives), and processes or treatment wastewaters; sludges which are semi-solid substances resulting from process or treatment operations or residues from storage or use of liquids; solidified chemicals, paints or pigments; and dredge pool generated by manufacturing or industrial processes, foundry sand, and the end or by-products of incineration or other forms of combustion.  It shall include, but not be limited to, radioactive waste, pesticides, lime acids, chemicals, petroleum products, tar, and dye stuffs, hospital and medical waste, etc., that do not fall under 6 NYCRR Part 371, but may contain hazardous substances below the levels defined as hazardous waste.  This term does not include oil or gas drilling, production, and treatment wastes (such as brines, oil and fac fluids); overburden, spoil or tailings resulting from mining; or solution mining brine and insoluble component wastes.

MUNICIPAL SOLID WASTE – Combined household, commercial and institutional waste materials generated in a given area.

PERSON -- An individual, association, partnership or corporation (public, stock or non-stock), or any combination thereof, and the agent or employee thereof.

SOLID WASTE – Any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials including solid, liquid, semi-solid, or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 USC 1342, as amended (86 Stat. 880), or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923) except as may be provided by existing agreements between the State of New York and the government of the United States.

UNADULTERATED WOOD – Any wood that is not painted or treated with chemicals such as glues, preservatives or adhesives.  Any painted wood or chemically treated wood (e.g., pressure treated wood, treated railroad ties) or wood containing glues or adhesives (e.g., plywood, particle board) is considered adulterated wood.

§138-18A.  C.  Restrictions.

No person shall be permitted to burn and/or change in any way the chemical composition of solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste at any location within the Village of Corinth for any purpose.

In addition, no person shall be permitted within the Village of Corinth to use any fuel source in order to recover or produce any type of energy, other than heat to be used on a residential premises or generators providing a secondary source of power to a residential or commercial properties solely in the event of a power outage or wholly temporary uses such as public events that require electrical power, without a special use permit granted by the Village Board pursuant to this Section, Chapter 138 §138-8 of the Village Code, and Village Law of the State of New York.  Persons must apply to the Village Board and provide such information and documentation as the Board may reasonably require in deciding upon an application.  No person who receives a special use permit shall accept, handle, import, transport, or handle any solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste created or generated by any other party or from any location outside of the Village.

Section 2.  Section 138-4.B.7 of the Village Zoning Code, as added by Resolution No. 166 of the Village Board, passed on May 16, 2007, is amended as follows:

            §138-4.B.7  C.  Prohibited Uses and Byproducts of Prohibited Uses.

Any use or byproduct of a use which is noxious or offensive by reason of emission of odor, dust, noise, smoke, gas, fumes or radiation, which presents a hazard to public health or safety or which is otherwise inconsistent with the general goals of the Industrial District is prohibited. Without limiting the generality of the foregoing, the following uses or byproducts of uses are deemed to be included herein:

1. Solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste including but not limited to treatment, processing, incineration and disposal facilities, where such uses are primary and not incidental or accessory uses.
2. Explosives manufacturing or storage.
3. Petroleum refining.
4. Slaughterhouses.
5. Concrete and asphalt plants
6. C&D debris recycling and disposal.

Section 3.  Article XI of Chapter 138 of the Village Zoning Code, as added in May, 2007, is amended as follows:

A-WEIGHTED SOUND LEVEL -- The frequency-weighted sound pressure level (in decibels) measured on a sound-level meter with an A-weighted scale as specified in the American National Standards Institute (ANSI) specifications for sound-level meters (ANSI-No. 4-1971).

AGRICULTURAL WASTE -- Any refuse, except garbage and dead animals, generated on a farm or ranch by crop and livestock production practices including, but not limited to, such items as bags, cartons, dry bedding, structural materials and crop residues but excluding landscape waste.

BURNING AND/OR PROCESSING – any type of combustion process involving any solid waste, including for use as a fuel in recovering usable energy.

COMBUSTION – The thermal treatment of solid waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the waste.  Examples of combustion process include incineration, pyrolysis, and fluidized bed.

COMMERCIAL WASTE – Solid waste generated by stores, offices, restaurants, warehouses and non-manufacturing activities at industrial facilities.

CONSTRUCTION AND DEMOLITION DEBRIS (“C&D”) – Uncontaminated solid waste resulting from the construction, remodeling, repair and demolition of utilities, structures and roads; and uncontaminated solid waste resulting from land clearing.  Such waste included, but is not limited to bricks, concrete and other masonry materials, soil, rock, wood (including painted, treated and coated wood and wood products, but not including unadulterated wood as set forth herein), land clearing debris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roof coverings, asphaltic pavement, glass, plastics, that are not sealed in a manner that conceals other wastes, empty buckets 10 gallons or less in size and having no more than one inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, and pipe and metals that are incidental to any of the above.  Solid waste that is not C&D debris (even if resulting from the construction, remodeling, repair and demolition of utilities, structures and roads and land clearing), includes but is not limited to asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, fluorescent lights, carpeting, furniture, appliances, tires, drums, containers greater than 10 gallons in size, any containers having more than one inch of residue remaining on the bottom and fuel tanks.  Specifically excluded from the definition of C&D debris is solid waste (including what otherwise would be C&D debris) resulting from any processing technique, other than that employed at a {department} Department of Environmental Conservation-approved C&D debris processing facility, that renders individual waste components unrecognizable, such as pulverizing or shredding.  Also, waste contained in an illegal disposal site may be considered C&D debris if the {department}  Department of Environmental Conservation determines that such waste is similar in nature and content to C&D debris.

DISCARDED MATERIAL – Material abandoned by: being disposed of; burned or incinerated, included being burned as a fuel for the purpose of recovering usable energy; or accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.

ENERGY RECOVERY -- The treatment by which energy is extracted and marketed from solid waste in excess of that required to operate the facility.

INDUSTRIAL WASTE – Solid waste generated by manufacturing or industrial processes.  Such processes may include, but are not limited to the following:  electric power generation; fertilizer/agricultural chemicals; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment.  The forms of such wastes are exemplified by but not limited to: liquids such as acids, alkalis, caustics, leachate, petroleum (and its derivatives), and processes or treatment wastewaters; sludges which are semi-solid substances resulting from process or treatment operations or residues from storage or use of liquids; solidified chemicals, paints or pigments; and dredge pool generated by manufacturing or industrial processes, foundry sand, and the end or by-products of incineration or other forms of combustion.  This term does not include oil or gas drilling, production, and treatment wastes (such as brines, oil and fac fluids); overburden, spoil or tailings resulting from mining; or solution mining brine and insoluble component wastes.

LAND CLEARING DEBRIS –Vegetative matter, soil and rock resulting from activities such as land clearing and grubbing, utility line maintenance or seasonal or storm-related cleanup such as trees, stumps, brush and leaves and including wood chips generated from these materials.  Land clearing debris does not include yard waste which has been collected at the curbside. 

MANUFACTURING USE -- Facilities or operations involved in assembling, disassembling, repairing, fabricating, finishing, or transformation of raw materials into finished goods for sale.  Manufacturing may involve the chemical or mechanical transformation of materials or substances into new products for sale or further processing off-site.  Manufacturing may involve the exterior storage of goods and materials as well as of finished products.

MUNICIPAL SOLID WASTE – Combined household, commercial and institutional waste materials generated in a given area.

PERFORMANCE STANDARD -- A criteria established in Article V of this local law established to control noise, odor, dust, dirt, vibration, noxious gases, glare, smoke, water pollution and explosive hazards, or visual pollution generated by or inherent in the use of land or buildings.

PERSON -- An individual, association, partnership or corporation (public, stock or non-stock), or any combination thereof, and the agent or employee thereof.

PUTRESCIBLE – The tendency of organic matter to decompose with the formation of malodorous byproducts.  For the purpose of this Part, wood is not considered to be putrescible.

PUTRESCIBLE WASTE –Solid waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for disease vectors.

RECYCLING — Separating, segregating, processing and recovering recyclable materials from solid waste for the purpose of future use, sale or other disposition.

RECYCLING FACILITY — Any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed in the pursuit of and for the purpose of recycling and for the purpose of storage, processing, packaging, selling, marketing or otherwise utilizing recyclable materials.

RESOURCE-RECOVERY FACILITY — Any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed for the purpose of extraction, production and recovery of energy from solid, semi-solid, or liquid wastes by means of combustion or similar process.

SANITARY LANDFILL -- A facility which includes types of operations in which solid waste is deposited by plan on a specified portion of open land, is compacted by force applied by mechanical equipment and then is covered by a layer of earth, all in accordance with or intended to be in accordance with Part 360 of the New York State Environmental Conservation Law, Rules and Regulations.

SOLID WASTE – Any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials including solid, liquid, semi-solid, or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 USC 1342, as amended (86 Stat. 880), or source, special nuclear or by0product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923) except as may be provided by existing agreements between the State of New York and the government of the United States.

SOLID WASTE MANAGEMENT FACILITY – Any facility employed beyond the initial solid waste collection process and managing solid waste, including but not limited to: storage areas or facilities; transfer stations; rail-haul or barge-haul facilities; landfills; disposal facilities; solid waste incinerators; refuse-derived fuel processing facilities; pyrolysis facilities; C&D debris processing facilities; land application facilities; composting facilities; surface impoundments; used oil storage, reprocessing and rerefining facilities; recyclables handling and recovery facilities; waste tire storage facilities; and regulated medical waste treatment facilities.  The term includes all structures, appurtenances, and improvements on the land used for the management or disposal of solid waste. 

SOURCE SEPARATION -- The segregation of recyclable materials from the SLGW stream at the point of generation or collection for separate collection, sale or other disposition.

TRANSFER STATION -- A solid waste management facility other than a recyclables handing and recovery facility, used oil facility, or a C&D debris processing facility, where solid waste is received for the purpose of subsequent transfer to another solid waste management facility for further processing, treating, transfer or disposal.  Transfer of solid waste from vehicle to vehicle, including truck to train, for the purpose of consolidating loads for shipment to an authorized disposal or treatment facility, is not considered a transfer station provided: the contents of each container remain in their closed container during the transfer between vehicles; storage remains incidental to transport at the location where the containers are consolidated; containers are acceptable to the {department} Department of Environmental Conservation and maintained in a safe, nuisance-free (e.g., dust, odor, noise, etc.) manner; and, the transfer location is under the ownership or control of the transporter.

UNADULTERATED WOOD – Any wood that is not painted or treated with chemicals such as glues, preservatives or adhesives.  Any painted wood or chemically treated wood (e.g., pressure treated wood, treated railroad ties) or wood containing glues or adhesives (e.g., plywood, particle board) is considered adulterated wood.

{WAREHOUSE -- A building used to temporarily store or hold products or articles for use in assembly or manufacturing or for future transmission of said products or articles to another location.}

Section 4.  Section 138-9A of the Village Zoning Code, as added by Resolution No. 166 of the Village Board, passed on May 16, 2007, is amended as follows:

            §138-9A.  B.  Delegation to the Corinth Village Board.

The Village Board of Corinth (the “Village Board” or the “Board”) is hereby authorized to administer and carry out the intent established in this {Article} Section. The Village Board shall conduct Special Use Permit Review in accordance with the procedures of this {Article} Section for any use identified as requiring such review in {Article} Section 138-18A.

Site plan review in accordance with the requirements and procedures of Article III is required for all uses that receive a special use permit. Such review may occur concurrent with or prior to special use permit review, at the applicant’s discretion. Regardless of whether the reviews occur separately or at the same meeting, separate applications and application fees are required for each review.

            §138-9A.  D.  Application Procedure.

1.         Any use(s) in an Industrial District for which an application has been submitted prior to May 17, 2007 shall not be considered or evaluated under Section 138-9A  unless that application involves the burning and/or processing of solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and / or municipal solid waste as those terms are defined in the Amendments.  Further, if such application is approved and/or permitted by the applicable Village bodies, entities, and/or departments (even if such approval occurs after the effective date of this Amendment), the use(s) shall be deemed to have a Special Permit, and the use(s) shall not be rendered nonconforming.  Any subsequent enlargement, expansion, and/or modification of a building or structure containing such a use(s), so long as there is no change of use(s), shall require only site plan approval from the Village Planning Board, not a Special Permit.

{1}2.   Upon receipt of an application for a special use permit, the Village Board shall require the initiation of an environmental review pursuant to the applicable provisions of SEQRA 6 NYCRR Part 617. 

{2}3.   The Village Board shall determine what items from the site plan submittal requirements in Article III shall be submitted for the special use permit application. The Board may empower the Code Enforcement Officer to make a preliminary determination of submittal requirements in order to place the matter on the Board’s agenda. 

{3}4.   The official time of submission of the special use permit application shall be considered to be the date of the first meeting of the Board for which the application is scheduled for discussion.

{4}5.   The Code Enforcement Officer shall notify and furnish the Saratoga County Planning Board, in accordance with General Municipal Law §§ 239-l and 239-m, with such pertinent information as the Saratoga County Planning Board may deem necessary for review and comment for those applications pertaining to areas within 500 feet of the Village boundary or a proposed or existing state or county park or recreation area, right-of-way, parkway, throughway, road or highway, stream drainage channel or easement, public building or institution.  Such notification will be given not later than 10 days following receipt of a complete application for said project.

{5}6.   The Village Board shall fix a time, within 31 days from the day an application for special use permit approval is made, for the hearing of any matter referred under this section. The Village Board shall give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof.

{6}7.   The Village Board shall decide on the application within 31 days after such a hearing; however the time within which the Village Board must render its decision may be extended by mutual consent of the applicant and the Village Board.

{7}8.   The decision of the Village Board shall promptly be filed in the office of the Village Clerk and a copy thereof mailed to the applicant. The decision shall contain such findings of fact as are required. The Village Board, in conjunction with its approval of any special use permit, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including limitations on the hours of use, the intensity of the use, the number of employees or vehicles, the number of structures, the use of structures and land, and any other condition it deems necessary to further the interest of this local law. In addition, the Village Board may require that the Code Enforcement Officer incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.

§138-9A.  G.  Fees.

There shall be a fee for a special use permit, as determined from time to time by the Village Board of Trustees. {(See Section 15.6).}

As a condition of approval of a special use permit, the Village Board may require a performance bond or letter of credit to guarantee satisfactory performance of the required improvements.  Such performance bond or letter of credit shall be part of or in addition to any required by the Village Board as part of a site plan review application.

            §138-9A.  K.  Enforcement.

All special use permits shall be subject to the provisions of Article {15} VII of this local law.