Alfred City Zoning Code
ARTICLE XIV
Wellhead Protection District 3
[Added 3-29-2005 STM by Art. 2]
§ 160-73 Purpose.
The purpose of the Wellhead Protection District 3 is to protect the zone of contribution to the aquifer that recharges the Alfred Water District wells from land uses which pose a threat to the quality and/or quantity of the groundwater extracted for public use.
§ 160-74 Location.
The boundary of the Wellhead Protection District 3 corresponds to the area defined as "Approximate Zone of Contribution for PW-1; " established by geologic study and numeric modeling, performed by Emery & Garrett Groundwater, Inc., in February 2004 (Job Number: ME 0366) and approved by the Maine Department of Health and Human Services Drinking Water Program on February 20, 2004. The location and boundaries of the Wellhead Protection District 3 are established as shown on the Official Zoning Map and are hereby made a part of this chapter.
§ 160-75 Dimensional requirements.
[Amended 3-11-2006 ATM by Art. 24; 3-9-2007 ATM by Art. 25]
Except for legal nonconformities, building or land used or occupied, lots created, and buildings erected, constructed, reconstructed, moved or structurally altered, whether requiring a land use permit or not, must comply with the requirements of Articles XVII and XVIII (general and specific performance standards) of this chapter and the following dimensional requirements:
A.
Minimum lot size:
(1)
Single-family dwellings: four acres/174,240 square feet.
(2)
Other uses: four acres/174,240 square feet.
B.
Minimum frontage:
(1)
Single-family dwelling: 360 feet.
(2)
Other uses: 360 feet.
C.
Minimum yard dimensions:
(1)
Setback from street right-of-way: 50 feet.
(2)
Side setback: 25 feet.
(3)
Rear setback: 25 feet.
D.
Maximum lot coverage: 10%.
§ 160-76 Permitted uses.
The permitted uses in the Wellhead Protection District 3 are those indicated in the Land Use Table, in Article V of this chapter.
§ 160-77 Uses indicated as "Pw" allowed in existing buildings only.
Any use indicated as "Pw" in the Land Use Table in Article V of this chapter shall only be permitted within buildings erected and in existence as of Tuesday, March 29, 2005.
§ 160-78 Subsurface wastewater studies and performance guarantees required for Pw uses.
Any applicant who wishes to establish a new use indicated as Pw or change from one permitted use to another, shall provide the Planning Board with engineering studies that indicate that any nitrates discharged from the subsurface wastewater system shall be diluted to a maximum level of five mg per liter upon reaching the property line. A maintenance and monitoring plan for the operation of the subsurface wastewater system shall be submitted, along with a sufficient performance guarantee, to the Town of Alfred, to insure that maintenance and monitoring shall be carried out, and to insure against system failure. The nature and terms of such a performance guarantee shall be determined by the Planning Board after discussion with the Board of Selectmen.
§ 160-79 Expansion of existing buildings and impervious surface of Pw use prohibited.
No net expansion of existing buildings containing an existing or proposed use indicated as "Pw" in the Land Use Table in Article V of this chapter, shall be permitted with respect to footprint area or volume of habitable space in existence as of Tuesday, March 29, 2005. No net increase in the area of impervious surfaces, in existence as of Tuesday, March 29, 2005, and associated with such buildings, shall be permitted on the site.
§ 160-80 Monitoring wells.
A.
Whenever the Code Enforcement Officer finds that a use located within the Wellhead Protection District 3 and which was in existence as of Tuesday, March 29, 2005, poses an actual or potential threat to the safety or quality of the public groundwater supply, the Code Enforcement Officer shall investigate the threat and notify the landowner, and refer the matter to the Planning Board for a public hearing. After a public hearing, the Planning Board may order the property owner to grant permission to the Alfred Water District to install groundwater monitoring wells and to conduct testing for groundwater contamination. Installation of monitoring wells, testing and monitoring of groundwater in such cases shall be at the sole cost of the municipality or the Water District, provided that if such testing indicates that the use is found to cause or contribute to reduction of 80% or more of the state primary or secondary drinking water standards at the water district property line, the property owner shall reimburse the municipality or water district for all expenses incurred for such installation, testing and monitoring.
B.
For any new uses located in Wellhead Protection District 3, established after Tuesday. March 29, 2005, the Planning Board shall require, as a condition of approval, for the property owner and/or applicant to grant permission for installation of groundwater monitoring wells and for the Alfred Water District to conduct testing for groundwater contamination. Installation of monitoring wells, testing and monitoring of groundwater in such cases shall be at the sole cost of the owner and/or applicant.
§ 160-81 Additional standards to protect water quality.
All existing or proposed uses in the Wellhead Protection Districts 2 and 3 are subject to the special standards found in Article XVII, Performance Standards, General Requirements, § 160-110, Water quality protection.