The Wellhead Protection Overlay District is designed to safeguard the public health, safety and welfare of residents and institutions that are customers of the city water system by regulating the land use and the storage, handling, use and/or production of hazardous substances within the wellhead protection area. The intent of this designation is to protect the community's potable water supply against contamination.

(Ord. No. 459, pt. 31, 4-17-01)

Land uses that may be allowed in the Wellhead Protection Overlay Zone include all those permitted uses as outlined in the underlying zoning district, except for the following:

A.

Petroleum product manufacturing (including coal).

B.

Commercial salvage yards and/or scrap processing.

C.

Oil and gas drilling.

D.

Chemical and paint manufacturing operations.

E.

Electronic equipment manufacturing operations.

(Ord. No. 459, pt. 31, 4-17-01)

A.

Applicability. These provisions shall apply to all properties within the Wellhead Protection Overlay Zone, (as shown on the attached Wellhead Protection Area Map) which use includes the storage or [generation] of hazardous substances in quantities greater than one hundred (100) kilograms (approximately two hundred twenty (220) pounds or twenty-five (25) gallons) per month, and which require site plan review under the provisions of section 13B.4 of this chapter, and outlined in section 16.1 of this ordinance. The general provisions apply to an entire property, even if only a portion of the parcel is included in the Wellhead Protection Overlay Zone.

B.

Groundwater protection standards.

1.

The project and related improvements shall be designed to protect the natural environment, including lakes, ponds, streams, wetlands, floodplains and groundwater, and to ensure the absence of an impairment, pollution, and/or destruction of water, natural resources, and the public trust therein.

2.

Stormwater management and drainage facilities shall be designed to retain the natural retention and storage capacity of any wetland, water body, or watercourse, and shall not increase flooding, or the potential for environmental contamination, on-site or off-site, and shall not result in loss of the use of property by any third party.

3.

Industrial facilities with a point source discharge of storm water shall maintain a storm water pollution prevention plan in accordance with applicable state and federal regulations.

4.

General-purpose floor drains shall be connected to a public sewer system, an on-site holding tank, or a system authorized through a state surface or groundwater discharge permit. If connected to the public sewer system then the volumes and concentrations of waste discharged to the floor drain may only be permitted upon review and approval by the city engineer.

5.

Sites that at any time use, store or generate substances in quantities greater than one hundred (100) kilograms (approximately two hundred twenty (220) pounds or twenty-five (25) gallons) that include hazardous substances shall be designed to prevent spills and unpermitted discharges to air, surface of the ground, groundwater, lakes, streams, rivers or wetlands.

6.

State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharges to groundwater, including direct and indirect discharges, shall be allowed without applicable permits and approvals.

7.

Bulk storage of pesticides shall be in accordance with applicable county, state and federal regulations.

C.

Aboveground storage and use areas for hazardous substances.

1.

Primary containment of hazardous substances shall be product tight.

2.

Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance. Products held in containers with a volume of less than forty (40) gallons and packaged for retail use shall be exempt from this item.

3.

Outdoor storage of hazardous substances shall be prohibited except in product-tight containers that are protected from weather, leakage, accidental damage and vandalism, including an allowance of the expected accumulation of precipitation.

4.

Out buildings, storage rooms, sheds and pole barns which are utilized as secondary containment shall not have floor drains which outlet to soil, public sewer system, groundwater, or nearby drains or natural water bodies unless a surface or groundwater discharge permit has been obtained pursuant to applicable county, state and federal regulation.

5.

Areas and facilities for loading and unloading or hazardous substances as well as areas where such materials are handled and stored, shall be designed and constructed to prevent unpermitted discharges to floor drains, rivers, lakes, wetlands, groundwater, or soils.

D.

Underground storage tank systems.

1.

Existing and new underground storage tanks shall be registered with the authorized state agency in accordance with applicable requirements of the U.S. Environmental Protection Agency and the Michigan Department of Environmental Quality.

2.

Installation, operation, maintenance, closure, and removal of underground storage tanks shall be in accordance with applicable requirements of the Michigan Department of Environmental Quality. Leak detection, secondary containment, corrosion protection, spill prevention and overfill protection requirements shall be met.

E.

Well abandonment. Out of service wells shall be sealed and abandoned in accordance with applicable state requirements.

F.

Well construction.

1.

Well drilling, construction and installation shall only be performed by State of Michigan registered well drillers.

2.

Well construction shall be completed in accordance with part 127 of Act 368 of the Public Acts of 1978, as amended, and rules promulgated thereunder.

3.

Well construction shall include fully grouting the entire length of the well casing in accordance with part 127 of Act 368 of the Public Acts of 1978, as amended, and rules promulgated thereunder.

G.

Sites with contaminated soils and/or groundwater.

1.

Site plans shall take into consideration the location and extent of any contaminated soils and/or groundwater on the site, and the need to protect public health and environment.

2.

Information must be provided regarding the type, concentration and extent of identified contamination, land use deed restrictions and any remedial action plans.

3.

Excavation, drilling, direct-push and other earth penetration shall be sealed with grout, or with soil material exhibiting lower hydraulic permeability than the native soil.

H.

Construction standards.

1.

The general contractor, or if none, the property owner, shall be responsible for assuring that each contractor or subcontractor evaluates each site before construction is initiated to determine if any site conditions may pose particular problems for handling any hazardous substances. For instance, handling hazardous substances in proximity to water bodies or wetlands may be improper.

2.

Hazardous substances stored on the construction site during the construction process, shall be stored in a location and manner designed to prevent spills and unpermitted discharges to air, surface of the ground, groundwater, lakes, streams, rivers, or wetlands. Any storage container volume of over forty (40) gallons that contains hazardous substances shall have secondary containment.

3.

If the contractor will be storing or handling hazardous substances that require a Material Safety Data Sheet (MSDS), the contractor shall familiarize him/herself with the sheet, and shall be familiar with procedures required to contain and clean up any releases of the hazardous substance.

4.

Upon completion of construction, all hazardous substances and containment systems no longer used, or not needed in the operation of the facility shall be removed from the construction site by the responsible contractor, and shall be disposed of, recycled, or re-used in a proper manner as prescribed by applicable state and federal regulations.

5.

Excavation, drilling, direct-push and other earth penetration shall be sealed with grout, or with soil material exhibiting lower hydraulic permeability than the native soil.

I.

Maintenance. In areas where hazardous substances are handled, structural integrity of the building must be maintained to avoid inadvertent discharge of chemicals to soil and groundwater. Cracks and holes in floors, foundations and walls must be repaired in areas where hazardous substances are handled or stored.

J.

Exclusions.

1.

A limited exclusion from the general provisions is hereby authorized for hazardous substances as follows:

i.

The hazardous substance is packaged for personal or household use or is present in the same form and concentration as a product packaged for use by the general public.

ii.

The total excluded substances containing hazardous substances may not exceed fifty (50) gallons or four hundred (400) pounds at any time.

2.

A limited exclusion from the general provisions is hereby authorized for non-routine maintenance or repair of property in the Wellhead Protection Overlay Zone provided the uses are limited as follows:

i.

The aggregate of hazardous substances may not exceed fifty (50) gallons or four hundred (400) pounds at any time.

ii.

The total use of substances containing hazardous substances may not exceed one hundred (100) gallons or eight hundred (800) pounds at any time.

(Ord. No. 459, pt. 31, 4-17-01)

A.

Requirement. Any proposed use or building or any other improvement requiring site plan approval as set forth in section 16.1 of the ordinance which is wholly or partially within the Wellhead Protection Overlay Zone shall also comply with the following requirements:

1.

Specify location and size of interior and exterior area(s) and structure(s) to be used for on-site storage, use, load/unloading, recycling, or disposal of hazardous substances.

2.

Specify location of all underground and above ground storage tanks for such uses as fuel storage, waste oil holding tanks, hazardous substance storage, collection of contaminated stormwater or wash water, and all similar uses.

3.

Specify location of existing and proposed wells.

4.

Specify location of exterior drains, dry wells, catch basins, retention/detention areas, sumps, and other facilities designed to collect, store or transport stormwater or wastewater. The point of discharge for all drains and pipes shall be specified on the site plan.

5.

Specify areas on the site that the applicant has reason to believe are contaminated, together with a report on the status of any site remedial action plan and land use deed restrictions, if applicable.

6.

Submit "City of Belding State and County Environmental Permits Checklist."

7.

Refer to section 16.1 (site plan review) of this ordinance for additional requirements.

B.

Site plan review standards. In reviewing a site plan, the planning commission shall consider the requirements in section 13B.3 and 13B.4.A. In addition, the planning commission shall determine that the proposed use:

1.

Will not, during construction or thereafter, have an actual or potential adverse impact on any aquifer or recharge area in the district;

2.

Will not actually or potentially adversely affect an existing or potential domestic or municipal water supply; and

3.

Is consistent with existing and planned future development of surrounding areas.

(Ord. No. 459, pt. 31, 4-17-01)

The planning commission, upon reviewing a site plan, shall take one (1) of the following actions:

A.

Approval. If the site plan meets all the zoning ordinance and related development requirements and standards, including those set forth in 13B.3, the planning commission shall record such approval and the chairman shall sign three (3) copies of the site plan, file one (1) in the official site plan file, forward one (1) to the building inspector, and return one (1) to the applicant. Each development shall be under construction within one (1) year after the date of approval of the site plan, unless an extension has been granted pursuant to section 16.1E2 of this ordinance. An approved site plan may also be amended in accordance with section 16.1E2 of this ordinance.

B.

Disapproval. If the site plan does not meet zoning ordinance and related development requirements and standards, including those set forth in 13B.3, the planning commission shall record the reasons for denial. The applicant may subsequently re-file a corrected site plan under the same procedures followed for the initial submission.

C.

Conditional approval. Conditions on an approved site plan may be imposed to meet the requirements specified in the city Zoning Enabling Act (PA 207 of 1921). Conditions must be:

1.

Designed to protect natural resources, and the health, safety, and welfare and the social and economic well-being of residents, neighbors, and the community as a whole;

2.

Related to the valid exercise of the police power;

3.

Necessary to meet the purposes of the zoning ordinance and related to the standards established in the zoning ordinance for the land use or activity under consideration.

D.

Table. If the site plan is found to be in violation of requirements, incomplete with respect to necessary information or presenting a unique situation, the planning commission may table the site plan until another meeting can be scheduled to determine specific improvement requirements the planning commission feels are necessary.

(Ord. No. 459, pt. 31, 4-17-01)

The zoning board of appeals has no authority to grant variances to the requirements of this chapter. However, an aggrieved party may appeal to the city council a decision of the planning commission if such appeal is filed with the city clerk within fifteen (15) days of the decision by the planning commission. The city council shall decide the appeal on the basis of the standards provided in section 13B.3 and 13B.4 herein. Each development shall be under construction within one (1) year after the date of approval of the site plan, unless an extension has been granted pursuant to section 16.1E2 of this ordinance. An approved site plan may also be amended in accordance with section 16.1E2 of this ordinance.

(Ord. No. 459, pt. 31, 4-17-01)

It shall be the responsibility of any person owning real property and/or owning and operating a business within the city corporate limits to make a determination of the applicability of this ordinance as it pertains to the property and/or business under his or her ownership or operation. Failure to do so shall not excuse any violations of this ordinance.

(Ord. No. 459, pt. 31, 4-17-01)

The transportation of any hazardous substance shall be exempt from the provisions of this ordinance provided the transporting motor vehicle or rail is in continuous transit, or that it is transporting substances to or from a state licensed hazardous waste treatment, storage, or disposal facility.

(Ord. No. 459, pt. 31, 4-17-01)

No person shall knowingly make any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or ordinance, or both, or falsify, tamper with, or knowingly render inaccurate any methodology required under this chapter or ordinance, or both.

(Ord. No. 459, pt. 31, 4-17-01)