Brandon Village City Zoning Code
ARTICLE XVI
Wellhead Protection
[Added 1-9-2017 by Ord. No. 2017-01]
§ 485-106 Title, purpose, authority for article.
A.
Title. This article shall be known, cited and referred to as the "Wellhead Protection Ordinance" (hereafter "WHP article").
B.
Purpose and authority.
(1)
The residents of the Village of Brandon (hereafter as "Village") depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of the WHP article is to institute land use regulations and restrictions to protect the Village municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the Village.
(2)
These regulations are established pursuant to the authority granted to cities by the Wisconsin Legislature in §§ 61.35 and 62.23(7)(a) and (c), Wis. Stats., to adopt ordinances to protect groundwater.
§ 485-107 Definitions.
The definitions as set forth in § NR811.02 Wis. Adm. Code, or as amended, are hereby adopted by reference. Further, the following definitions shall apply to this article:
EXISTING FACILITIES
Current facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the Village's wellhead protection area that lies with in the corporate limits of the Village. Existing facilities include, but are not limited to, the types listed in the Department of Natural Resources' form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form which is incorporated herein as if fully set forth.
GROUNDWATER DIVIDE
A ridge in the water table or the potentiometric surface from which groundwater flows in both directions. A groundwater divide is represented by the line of highest hydraulic head in the water table or potentiometric surface.
GROUNDWATER PROTECTION OVERLAY DISTRICT
Those areas described as wellhead protection areas within the Village's Wellhead Protection Plan. A map of the overlay district is attached to said Plan.
RECHARGE AREA
The land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well as described in the Village's Wellhead Protection Plan. A copy of the Village's Wellhead Protection Plan can be obtained from the Village Clerk.
WELL FIELD
A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.
§ 485-108 Groundwater Protection Overlay District.
A.
Intent. The area to be protected as the wellhead protection overlay district (hereafter "District") is that portion of the Brandon well fields' recharge areas as determined in the Wellhead Protection Plan, and identified as wellhead protection areas in said plan, normalized to geographic boundaries, and contained within the Village boundary limits. These lands are subject to land use and development restrictions because of their close proximity to the well fields and the corresponding high threat of contamination.
B.
Permitted uses. Subject to the exemptions listed in Subsection E, the following are the only permitted uses within the District:
(1)
Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.
(2)
Playgrounds.
(3)
Wildlife areas.
(4)
Nonmotorized trails, such as biking, skiing, nature and fitness trails.
(5)
Municipally sewered residential development, free of flammable and combustible liquid underground storage tanks.
(6)
Municipally sewered business development, except for the following uses:
(a)
Aboveground and underground storage tanks.
(b)
Animal waste containment or disposal facilities.
(c)
Automotive service and repair garages; body shops.
(d)
Paint or coating manufacture.
(e)
Bulk fertilizer of pesticide facilities.
(f)
Asphalt products manufacture.
(g)
Junkyards, auto salvage yards or recycling facilities.
(h)
Dry cleaning.
(i)
Gas stations.
(j)
Holding ponds or lagoons or infiltration ponds.
(k)
Bulk salt storage.
(l)
Nurseries; lawn and garden supply stores.
(m)
Small engine repair services.
(n)
Wastewater treatment facilities.
(o)
Wells, private, production, injection or other.
(7)
Agricultural uses in accordance with the County Soil Conservation Department's best management practices guidelines.
C.
Separation distances. The separation distances, as specified in § NR 811.16(4)(d), Wis. Adm. Code,[1] or as amended shall be maintained in the district and shall not be exempted under Subsection E.
[1]
See Ch. NR 811.12(d), Wis. Adm. Code.
D.
Requirements for existing facilities. The following shall apply to existing facilities in the district:
(1)
Existing facilities shall within six months of the effective date of this article provide copies of all federal, state and local facility operation approvals or certificate and ongoing environmental monitoring results to the Director of Public Works.
(2)
Existing facilities shall within six months of the effective date of this article provide additional environmental or safety structures/monitoring as deemed necessary by the Village, which may include, but is not limited to, stormwater runoff management and monitoring.
(3)
Existing facilities shall have the responsibility of devising and filing with the Director of Public Works a contingency plan satisfactory to the Village which details how the facility operator intends to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at the facility, including the prompt notification of Village officials in the event of an emergency.
(4)
Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
(5)
Operators of existing facilities cannot engage in or employ a use, activity or structure not listed as a permitted use under Subsection B above which they did not engage in or employ at the time of enactment of this article and can only expand or replace in kind or rebuild those present uses, activities, equipment or structures on the site or property of record associated with the facility at the time of enactment of this article, and in a manner that improves the environmental and safety technologies already being used. This section does not apply to normal maintenance or minor repairs.
E.
Exemptions and waivers.
(1)
Individuals and/or facilities may request the Village, in writing to the Director of Public Works, to permit additional land uses in the District.
(2)
Such requests may require an environmental assessment report prepared by a licensed environmental engineer. Such requests, along with any required reports, shall be forwarded to the Sewer and Water Commission(s) for recommendation, and final decision by the Common Council.
(3)
The individual/facility shall reimburse the Village for all consultant and legal fees associated with this review at the invoiced amount plus administrative costs.
(4)
Any exemptions granted shall be conditional and may include required environmental and safety monitoring consistent with local, state and federal requirements, and/or bonds and/or securities satisfactory to the Village.
F.
Wells and drillholes. The owner of properties within the District on which wells or drillholes are to be constructed must notify the Village 15 days prior to initiation of drilling. All drillholes must be properly abandoned and sealed in accordance with Ch. NR 141, Wis. Adm. Code, at the conclusion of construction. The Village reserves the right to have an inspector on site to ensure that construction of those wells and drillholes does not allow contaminants to enter the groundwater. Construction of wells and drillholes must be coordinated with the Village to correspond with Village working hours unless otherwise agreed upon. The expense of the inspection by the Village shall be reimbursed by the property owner at rates set forth in the fee schedule on file in the Village Clerk's office and approved by the Sewer and Water Commission and the Common Council each year. All wells shall also require a well operator's permit as set for in § 485-83 of the Code of Ordinances.
§ 485-109 Supremacy of the District.
The regulation of the District will apply in addition to all other regulations that occupy the same geographic area. The provisions of any zoning regulations that apply to the same geographic area as the District will apply except when the regulations of the District is more stringent, whereby the regulations of the District shall apply.
§ 485-110 Enforcement.
A.
In the event that an individual and/or facility causes the release of any contaminants which endanger the District, the individual and/or facility causing said release shall immediately stop the release and clean up the release to the satisfaction of the Village.
B.
The individual and/or facility shall be responsible for all costs of cleanup, including all of the following:
(1)
Village consultant and legal fees at the invoice amount plus administrative costs for oversight, review and documentation.
(2)
The cost of Village employees' time associated in any way with cleanup based on the hourly rate paid to the employee multiplied by a factor determined by the Village representing the Village's cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation and similar benefits.
C.
Following any such discharge the Village may require additional test monitoring and/or reasonable bonds/securities.
D.
Enforcement shall otherwise be provided pursuant to § 485-84 and subject to the general penalty provided in § 1-4 of this Code of Ordinances.