(A)   Statutory authority.

      (1)   The Federal Safe Drinking Water Act, Section 1428, requires each state to protect public water supplies which use a groundwater source. Pursuant to the Act, The United States Environmental Protection Agency authorized the Tennessee Department of Environment and Conservation to enforce the Act, and the Department has adopted rules and regulations.

      (2)   Tenn. Code Ann. §§ 13-7-201 et seq., delegated the responsibility to local governments to adopt regulations to protect public water supplies.

   (B)   Finding of facts.

      (1)   Protection of ground water supplies can be achieved by designating areas around well heads within which land use activities are restricted or prohibited.

      (2)   An area immediately surrounding the water source, which represents an eight week capture zone, is necessary and requires a higher degree of regulation. This area shall be designated Zone 1.

      (3)   An area incorporating and adjacent to Zone 1, which represents a 40 year capture zone that is determined on the basis of groundwater flow and direction, is designated as Zone 2.

      (4)   A potential contaminant source inventory has been completed for wellheads and within the corporate limits of Collierville. Possible contaminant sources have been identified.

   (C)   Statement of purpose.

      (1)   The purpose of this subchapter is to protect the public water supply for the Town of Collierville from land uses which pose a threat to quality and quantity of groundwater being extracted from Town wells within the Wellhead Protection Area, Zone 1 and 2. The Town of Collierville creates the Wellhead Protection Overlay District to implement the stated purposes.

      (2)   The Wellhead Protection Overlay District shall be deemed an overlay on the existing zoning districts as described and mapped by the Town of Collierville Zoning Code.

      (3)   This subchapter is designed to prevent the contamination or excessive extraction of groundwater resources. The subchapter is also enacted to prohibit or restrict land use activities that store, handle or produce regulated substances. This subchapter also requires the use of best management practices for the protection of ground water sources. The Town of Collierville designates the Town Engineer as the responsible agent to act for the Town.

      (4)   The Wellhead Protection Overlay District is enacted to carry out the objectives of Tenn. Code Ann. §§ 13-7-201 et seq. and to implement the requirements of state law for protecting groundwater by state law. The objectives and requirements of Tenn. Code Ann. §§ 13-7-201 et seq. are adopted and incorporated by reference.

(`00 Code, § 11-1701)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AQUIFER. A geologic formation, group of formations or part of a formation capable of storing and yielding groundwater to wells or springs.

   BEST MANAGEMENT PRACTICES. Operational procedures for handling, storage and disposal of regulated substances and procedures which are designed to minimize the impact of certain activities or land uses on groundwater quality and quantity.

   BOARD OF ZONING APPEALS (BZA). The Board of Zoning Appeals is the quasi-judicial body which determines whether variances may be issued for the use of property within the Town of Collierville corporate limits.

   CERTIFICATE OF CONFORMANCE. A document issued by the Town Engineer for the Town of Collierville which certifies that the proposed development meets or exceeds the requirements of this subchapter.

   CONSTRUCTION. Includes building, erecting, moving or any physical operations on the premises which are required for construction. Excavation, fill, paving and the like shall be considered part of construction.

   CONTAMINATE. To have unwanted chemicals or bacteria mixed into a water system formerly void of such substances.

   EXCESSIVE EXTRACTION. A nonmunicipal withdrawal of groundwater from an aquifer that results in or may result in the lowering of the water level or piezometric surface to such an extent as to interfere with the normal operation of existing private, industrial or municipal water wells. Excessive extraction is also defined as withdrawal from an aquifer which will lead to desaturation of the aquifer or desaturation to a point where consolidation of the aquifer material occurs, preventing any further recharge of the aquifer from occurring.

   GROUND WATER. The water contained within the earth’s surface that has penetrated from precipitation and from infiltration by streams, ponds and lakes.

   GROUND WATER CONTAMINATION. Presence of any substance designated by the U.S. EPA or the State of Tennessee as a primary or secondary water quality parameter in excess of the maximum allowable contaminant level (MCL) or as regulated under the Primary Drinking Water Standards of the Safe Drinking Water Act.

   GROUND WATER INSTITUTE (GWI). A research organization within the Herff College of Engineering at the University of Memphis, established as a center of expertise in ground water science for the mid-south area.

   HAZARDOUS MATERIALS. A material which is defined in one or more of the following categories.

      (1)   Ignitable. A gas, liquid or solid which may cause fires through friction, absorption of moisture or which has low flash points. Examples: white phosphorous and gasoline.

      (2)   Carcinogenic. A gas, liquid or solid which is normally considered to be cancer causing or mutagenic. Examples: PCBs in some waste oils.

      (3)   Explosive. A reactive gas, liquid or solid which will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combinations thereof. Examples: dynamite, organic peroxides and ammonium nitrate.

      (4)   Highly toxic. A gas, liquid or solid so dangerous to man as to afford an unusual hazard to life. Examples: parathion and chlorine gas.

      (5)   Moderately toxic. A gas, liquid or solid which, through repeated exposure or in a single large dose, can be hazardous to humans. Examples: atrazine.

      (6)   Corrosive. Any material, whether acid or alkaline, which will cause severe damage to human tissue, or in case of leakage might damage or destroy other containers of hazardous materials and cause the release of their contents. Examples: battery acid and phosphoric acid.

   LOCAL GOVERNMENT UNIT. The Town of Collierville is the local government unit responsible for protecting the ground water resources regulated by this subchapter.

   PERCOLATION RATE. The rate at which water flows or trickles through porous soils, as determined by a percolation test.

   POLLUTANT TRAVEL TIME. The time required by pollutants to travel from one point to another.

   POTABLE WATER. Water that is satisfactory for drinking, culinary and domestic purposes, meeting current state and federal drinking water standards.

   RESPONSIBLE AGENT OF THE TOWN. The Town of Collierville Town Engineer, as the responsible agent for the Town, reviews all development plans within the Wellhead Protection Area, makes any necessary interpretation of Wellhead Protection Area, Zone 1 and Zone 2 and reviews any other related matters that may arise in the administration of this subchapter.

   SHELBY COUNTY GROUND WATER QUALITY CONTROL BOARD (SCGWQCB). A regulatory Board consisting of appointed individuals which has jurisdiction within Shelby County to manage Wellhead Protection Guidelines, developed by TDEC, pertaining to the protection of the public water supplies which utilize a ground water source within the boundaries of Shelby County.

   STORM WATER DRAINAGE. A sewer or other system for conveying surface runoff due to storm events and unpolluted groundwater or surface water, including that collected by cellar drains, but excluding sanitary sewage and industrial waste.

   SURFACE RUNOFF. That part of the precipitation that passes over the surface of the soil to the nearest surface stream without first passing beneath the surface.

   TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION (TDEC). A state agency, authorized by the United States Environmental Protection Agency to adopt and enforce Section 1428 of the amendments to the Federal Safe Drinking Water Act which mandates the protection of public water supplies that utilize a ground water source.

   TOWN OF COLLIERVILLE WELLHEAD PROTECTION OVERLAY MAP. A map generated by the Town of Collierville illustrating the location of Wellhead Protection Areas, Zone 1 and Zone 2. The map is available for inspection at the office of the Collierville Department of Development.

   TRAVEL TIME CONTOUR. Locus of points from which water takes an equal amount of time to reach a given destination such as a well or wellfield.

   WASTEWATER. Any combination of water carried wastes from institutional, commercial and industrial establishments and residences, together with any storm, surface water or groundwater as may be present.

   WATER TABLE. The upper surface of a zone of saturation except where that surface is formed by an impermeable barrier.

   WELL, ABANDONED. An abandoned or unused well may be defined under one or more of the following:

      (1)   A well which has been out of service continuously for one year or more and does not meet the definition of an inactive well;

      (2)   A monitoring well from which no measurement or sample has been taken for a period of three years;

      (3)   A well which is in such a state of disrepair that it cannot be made operational;

      (4)   A test hole or exploratory boring 24 hours after construction and testing work has been completed;

      (5)   A cathodic protection well that is no longer functional for its original purpose;

      (6)   Any boring that cannot be satisfactory completed as a well.

   WELL, ACTIVE. A well that has been utilized at least once in the preceding 12 months for the extraction of groundwater.

   WELL, INACTIVE. An inactive well or standby well means a well that has not been used for a period of one year or more for the production of groundwater, but is maintained in such a condition that it could be so used, a monitoring well maintained for such use or a cathodic protection well maintained for such use.

   WELLFIELD. A tract of land, either continuous or disjointed, which contains a number of existing or proposed wells for supplying water as specified in the wellfield protection maps.

   WELLFIELD AREA OF CONTRIBUTION. Area of the aquifer where groundwater flow is diverted to a pumping well due to a lowering of the water table.

   WELLFIELD RECHARGE AREA. The area from which groundwater flows directly to the wellfield area of contribution.

   WELLHEAD. The specific location of the source area for water which is withdrawn from a well or spring.

   WELLHEAD PROTECTION AREA (WPA). The surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such well or wellfield. The areas of Collierville, designated as Wellhead Protection Area, Zone 1 and Zone 2.

   WELLHEAD PROTECTION OVERLAY DISTRICT. An overlay district on the existing zoning districts which represents the area covered by Wellhead Protection Areas, Zone 1 and Zone 2.

   ZONE OF CONTRIBUTION. The area from which groundwater flows to a pumping well.

(`00 Code, § 11-1702)

   (A)   Application. The regulations set forth in this subchapter shall apply to all land uses and activities located or proposed within the area delineated as the Wellhead Protection Area in the Town of Collierville on a map available for inspection at the office of the Department of Development and as defined in § 151.286. The Wellhead Protection Area consists of Wellhead Protection Area Zone 1 and Wellhead Protection Area Zone 2.

   (B)   Basis for establishing the Wellhead Protection Area.

      (1)   The Tennessee Wellhead Protection Regulations (Rule 1200-5-1-.34) require that every Public Water System (PWS) in the state set up a two-zone protection system for its groundwater source.

      (2)   The Ground Water Institute (GWI) at the University of Memphis and the Mayor and Board of Collierville, utilizing the groundwater flow model, have established a two-zone protection system for the Town of Collierville’s groundwater resources.

   (C)   Requirement for development permit.

      (1)   Prior to site plan approval by the Planning Commission, the applicant shall obtain a certificate of conformance with this chapter from the Town Engineer of the Town of Collierville in a timely manner for all proposed land-use activities in Wellhead Protection Areas, Zone 1 and Zone 2 within the Town of Collierville.

      (2)   If, upon review of the site plan, the Town Engineer determines that additional information is necessary to completely evaluate the proposed development, the Town Engineer may defer the development plan to the Shelby County Ground Water Quality Control Board (SCGWQCB) for review and recommendation prior to approval of the plan for a certificate of conformance.

      (3)   A building permit shall be required in conformity with this subchapter prior to the commencement of any development activity. No building permit shall be issued without first obtaining a certificate of compliance from the Town Engineer.

   (D)   Compliance. No structure or use shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this subchapter and other applicable regulations.

   (E)   Interpretation. In the interpretation and application of this subchapter, all provisions shall be:

      (1)   Considered as minimum requirements;

      (2)   Liberally construed in favor of the Board; and

      (3)   Deemed neither to limit nor repeal any other powers granted under state statutes.

   (F)   Interpretation of Wellhead Protection Area.

      (1)   Where interpretation is needed as to the exact location of any boundary of Wellhead Protection Area, Zone 1 and Zone 2, the Town Engineer shall make the necessary interpretation. The Department of Development shall also be responsible for review of all development plans within Wellhead Protection Areas and other related matters that may arise in the administration of this subchapter.

      (2)   The person contesting the location of the Wellhead Protection Area, Zone 1 and Zone 2, shall be afforded reasonable opportunity before the Board of Zoning Appeals (BZA) to present any technical evidence he or she may wish to support his or her position. Any proposed adjustments shall be based on the same modeling techniques defined in Zone 1 and Zone 2 reports approved by TDEC (November 1995) and the latest approved delineation of Zone 1 and Zone 2 by TDEC. The Board of Zoning Appeals shall not consider any application for a variance from the provisions of this subchapter until the Department of Development has had an opportunity to review the application and make a written recommendation to the Board of Zoning Appeals. The Department of Development shall have 45 working days from the filing of any application for a variance from this subchapter to review and issue its recommendation. The application shall be advertised for public hearing for the next regularly scheduled Board of Zoning Appeals meeting following the expiration of the 45-day period.

   (G)   Warning and disclaimer of information. The levels of wellhead protection required by this subchapter are considered reasonable for regulatory purposes and is based on scientific and engineering considerations approved by TDEC. This subchapter shall not create liability on the part of the Town of Collierville or by any officer or employee thereof of the Ground Water Institute (GWI) at the University of Memphis and the Shelby County Ground Water Quality Control Board (SCGWQCB) for any damages to groundwater resources that result from reliance on this subchapter or any administrative decision lawfully made hereunder.

   (H)   Conflict with other provisions.

      (1)   The requirements of Wellhead Protection Area, Zone 1 and Zone 2, are additional to those contained in the basic underlying zoning districts.

      (2)   Where any conflicts exist between the provisions of this subchapter and any other provisions of this chapter and any other article, code, law and the like of the Town of Collierville, these provisions shall govern; provided, however, that these provisions shall not be construed as permitting any use which is prohibited or permitted only as a special exception within the base zoning district.

   (I)   Applicant’s responsibility. It shall be the responsibility of any person owning real property and/or owning or operating a business within the Town of Collierville to make a determination of the applicability of Wellhead Protection Area Overlay Districts as it pertains to the property and/or business under his or her ownership or operation and his or her failure to do so shall not excuse any violations of the sections.

   (J)   Injunctive relief. If any person who engages in nonresidential activities and stores, handles, uses and/or produces toxic substances listed in 40 CFR 116 (Designation of Hazardous Substances) of the Federal Water Pollution Control Act, within the Zone of Contribution, as indicated on the Town of Collierville Wellhead Protection Overlay Map, without having obtained a permit as provided for herein or continues to operate in violation of the provisions of this subchapter, then the Town of Collierville may file an action for injunctive relief in the circuit court.

   (K)   Severability. Should any part or provision of this subchapter be declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of this subchapter as a whole or any part thereof other than the part held to be invalid.

   (L)   Penalties for violation. Violation of the provisions of this subchapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall be punishable as provided in § 151.312.

   (M)   Abrogation and greater restrictions. This subchapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this subchapter imposes greater restrictions, the provisions of this subchapter shall prevail.

(`00 Code, § 11-1703)

   (A)   Extent of Wellhead Protection Area. The Wellhead Protection Area (WPA) consists of two areas (WHPA Zone 1 and Zone 2) which are listed and described below.

      (1)   WPA Zone 1. WPA Zone 1 area extends approximately 100 feet radially from the wellhead, representing an eight week capture zone that is determined on the basis of groundwater flow direction and recharge.

      (2)   WPA Zone 2. WPA Zone 2 Area extends from the wellhead, including WPA Zone 1, to include the 40 year capture zone that is determined on the basis of groundwater flow direction and recharge.

   (B)   Wellhead Protection Area delineation. Boundaries for the Wellhead Protection Area zones for the Wellhead Protection Overlay Districts are shown on published maps entitled “Town of Collierville Wellhead Protection Overlay Map” and are adopted by reference as part of this subchapter as if the maps were fully described herein. The boundaries of the Wellhead Protection Areas, Zone 1 and 2, were based on the predicted groundwater flow pattern in the vicinity of the Town of Collierville Wellfields.

   (C)   Delineation methodology.

      (1)   Wellhead Protection Areas, Zone 1 and Zone 2, were delineated using the numerical method to predict the groundwater flow patterns surrounding the wellhead, using a county wide regional flow model as defined in Zone 1 and Zone 2 reports approved by TDEC (November 1995). The eight week capture zone (Zone 1) and the 40 year capture zone were delineated through the simulation of groundwater flow or movement as a function of pumping rates, acquifer characteristics and static water table/piezometric surface conditions.

      (2)   The aquifer characteristics were determined from geophysical well logs generated for the Town of Collierville, at the time the wells were drilled, combined with data from adjacent municipalities.

   (D)   Amendment of Wellhead Protection Area.

      (1)   The Wellhead Protection Areas may be reviewed and modified annually by the Board of Mayor and Aldermen, at the beginning of each calendar year, and the Wellhead Protection Overlay Map may be revised accordingly.

      (2)   Every three years, substantial changes may be made to the Wellhead Protection Overlay Map by the Board of Mayor and Aldermen, in order to show the location of new wells, update the Town’s Contaminant Source Inventory, adopt better modeling techniques and incorporate recent and more accurate hydrogeologic data.

   (E)   Location of properties. In determining the location of properties within the Wellhead Protection Areas, Zone 1 and Zone 2, depicted on the Wellhead Protection Overlay Map, the following rules shall apply.

      (1)   Properties located wholly within one zone reflected on the Wellhead Protection Area Overlay Map shall be governed by the restrictions applicable to that particular zone.

      (2)   Properties having parts lying within more than one zone as reflected on the Wellhead Protection Area Overlay Map shall be governed by the restrictions applicable to the zone in which that part of the property is located.

      (3)   Where a time-travel contour which delineates the boundary between two zones of influence passes through a building, the entire building shall be considered to be in that zone with the greatest restrictions as of April 1, 1998.

      (4)   Where any capture zone extends beyond the corporate limits of the Town of Collierville, the portion of the capture zone within the adjacent municipality, per prior agreement between the subject municipality and the Town of Collierville, shall review any proposed or existing land use utilizing this subchapter.

(`00 Code, § 11-1704)

   (A)   Permitted uses. Permitted uses are allowed in the underlying zone, subject to the procedures and restrictions in the underlying zone, and subject to the following additional limitations and restrictions:

      (1)   Permitted uses or changes in use or the enlargement and alteration of permitted uses existing as of the effective date of this subchapter and permitted outright in the underlying zone are permitted in the Wellhead Protection Overlay District when no chemicals or other products are used, produced by or commonly associated with the activity which, in the event of introduction of a large quantity thereof into the groundwater might cause, materially contribute to or create a material risk of any adverse effect upon the municipal water source;

      (2)   In order to justify a change in permitted uses or the enlargement and alteration of permitted uses for a property or portion of a property, a study shall be prepared under the supervision of a Tennessee registered professional engineer trained and experienced in hydrogeology to examine the impact of the use upon the municipal water source, under reasonably possible hydrologic or geologic conditions. Technological evidence shall be based on the modeling techniques defined in Wellhead Protection Area, Zone 1 and Zone 2 reports, approved by TDEC (November 1995). The report from the study shall be submitted to the Town Engineer;

      (3)   To assure that the quality of groundwater shall be maintained, a groundwater monitoring program shall be established as part of the report prepared pursuant to subsection (b) above. The program shall establish the number of wells to be installed, as well as the duration and frequency regarding the monitoring of the wells to be installed. All laboratory test results shall be submitted to the Town Engineer in order to assure the that satisfactory water is maintained.

   (B)   Prohibited uses.

      (1)   Within the Wellhead Protection Overlay Districts uses prohibited in the underlying zoning district are also prohibited in the Wellhead Protection Overlay District.

      (2)   The following uses remain prohibited in the Wellhead Protection Overlay District, even if they shall be allowed by right in the underlying zoning district. Manufacturing and production of hazardous materials, excluding production for on-site usage only. These materials include:

         (a)   Any hazardous substance or hazardous waste as listed in the following federal regulations:

            1.   Superfund Amendments and Reauthorization Act (SARA) of 1986, Section 302, Extremely Hazardous Substances List (40 CFR 300, App. A and B);

            2.   Comprehensive Environmental Response Compensation and Liability Act Superfund (CERCLA) of 1980, Hazardous Substances List (40 CFR 302, Table 302.4);

            3.   SARA of 1986, Section 313, Toxic Chemicals List (40 CFR 372.45); and

            4.   Resource Conservation and Recovery Act (RCRA) of 1976 and 1984 Amendments, Hazardous Wastes List (P and U Categories) (40 CFR 261.33 (e) and (f)). Note: The lists referenced in subsection (B)(2) are summarized on the Title III List of Lists - Chemicals Subject to Reporting Under Title III of the Superfund Amendments and Reauthorization Action (SARA) of 1986, published July 1987, U.S. EPA.

         (b)   Nuclear or radioactive materials or wastes.

      (3)   The Town of Collierville shall maintain the right to determine and document when necessary the contaminants subject to the provisions of this subchapter.

      (4)   The uses prohibited by this overlay district represents the state of present knowledge and most common description of the uses. As other polluting uses are discovered, or other terms of description become necessary, it is the intention to add them to the list of uses prohibited by this overlay district. To screen for such other uses or terms for uses, no use shall be permitted in this overlay district without first submitting its building, site and operational plans for review and approval under § 151.291.

      (5)   Any request to delete a use from the prohibited list or allow a use conditionally shall be accompanied by a study as required in subsection (A)(2) to examine the impact of the use upon the municipal water source, under reasonably possible hydrologic or geologic conditions. Technological evidence shall be based on the modeling techniques defined in Wellhead Protection Area, Zone 1 and Zone 2 reports, approved by TDEC (November 1995). The report from the study shall be submitted to the Town Engineer.

   (C)   Special exemptions and limited exclusions. Special exemptions and limited exclusions from the provisions of divisions (A) and (B) of this section are authorized for:

      (1)   Fire, police, emergency medical services, emergency management center facilities and public utilities of this subchapter;

      (2)   Transportation of any regulated substances through Wellhead Protection Area, Zone 1, provided the transporting vehicle is in continuous transit;

      (3)   Storage of fuel and lubricants for vehicle operations, either in above ground storage tanks meeting EPA regulations for such facilities or underground storage tanks meeting the requirements of this subchapter;

      (4)   Use of certain regulated substances such as pesticides, herbicides and fungicides in recreational, agricultural, pest control and aquatic weed control activities shall be allowed, provided that:

         (a)   In all zones, the use is in strict conformity with the use requirements as set forth in the substances EPA registries and as indicated on the containers in which the substances are sold;

         (b)   In a Wellhead Protection Area, Zone 1, the use of any of the regulated substances shall be flagged in the records of the certified operator supervising the use. The certified operator shall provide specific notification in writing to the applicators under his or her supervision that they are working at a site located in a Wellhead Protection Area, Zone 1, for which particular care is required. Records shall be kept of the date and amount of regulated substances used at each location. Records shall be made available for inspection by the Town Engineer;

         (c)   In Wellhead Protection Area, Zone 1, the regulated substances shall not be handled during use in a quantity exceeding 700 gallons of formulation; and

         (d)   All nonresidential uses of regulated substances in Wellhead Protection Areas, Zone 1 and Zone 2, shall comply with all the provisions of this section. The use of regulated substances on nonresidential landscape areas smaller than 5,000 square feet shall be exempted from the provisions of this subchapter. However, commercial, government, institutional services or the railroad in all zones shall not be required to obtain individual licenses for every site at which they use the regulated substances, and these services shall be exempt from the provisions of this subchapter with regard to the sites they serve, provided the use is in accordance with subsections (a), (b) and (c) above.

      (5)   Use, storage, handling and/or production of regulated substances, associated with non- routine maintenance or repair of property or equipment, shall be limited to:

         (a)   The aggregate of regulated substances in use, storage, handling and/or production not to exceed 50 gallons or 400 pounds at any time; and

         (b)   The total use, storage, handling and/or production of regulated substances not to exceed 100 gallons or 800 pounds in any 12 month period;

      (6)   Regulated substances associated with medical and research laboratory uses shall be stored, handled or used in containers not to exceed five gallons or 40 pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds;

      (7)   Regulated substances which are cleaning agents shall be packaged for personal or household use or be present in the same form and concentration as a product packaged for use by the general public. The aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents;

      (8)   Regulated substances associated with construction for which a permit has been issued, paving or the pouring of concrete shall be excluded from regulation while present on the construction site, provided such regulated substances do not pose a real and present danger of contaminating surface and/or groundwater;

      (9)   Office supplies that are used solely for the operation of on-site administrative offices, provided such supplies are prepackaged in a form ready for use;

      (10)   Retail sales establishments that store and handle hazardous substances for resale in their original unopened containers;

      (11)   Geotechnical borings;

      (12)   Residential activities;

      (13)   Public utility emergency generating facilities above ground, except that permanently installed fuel storage facilities shall meet EPA regulations for such facilities; and

      (14)   Provided, however, that the Town of Collierville may at its option delete in whole or in part any of the above described exemptions, but in no case shall include any additional exemptions in this subchapter adopted, pursuant to this section, unless otherwise approved by the Board of Mayor and Aldermen.

   (D)   Performance standards. All permitted uses, special exemptions and limited exclusions may be approved by the Town Engineer, provided they can meet performance standards outlined for the Wellhead Protection Overlay District.

   (E)   Nonconforming uses.

      (1)   Nonconforming uses may continue in the overlay district in the form in which they exist at the time of the adoption of this subchapter in accordance with §§ 151.130 et seq. In the event such nonconforming use shall pose a direct hazard to the public water supply, the Town of Collierville may take any action permitted by law to abate the hazard.

      (2)   An addition or expansion does not increase the nonconformity of the use or activity.

      (3)   The expansion of the nonconforming use may not be for the purpose of changing that use to another nonconforming use unless the applicant can demonstrate that the new use poses a lesser threat to groundwater than the current use.

(`00 Code, § 11-1705)

   (A)   The provisions of this section shall apply exclusively to areas of Wellhead Protection Overlay Districts. In applying for a variance, the following additions apply.

   (B)   Board of Zoning Appeals:

      (1)   The Board of Zoning Appeals (BZA) shall hear and decide appeals and requests for variances from the requirements of this chapter. The Board of Zoning Appeals shall not consider any application for a variance from the provisions of this subchapter until the development staff has had an opportunity to review the application and make a written recommendation to the Board of Zoning Appeals;

      (2)   Variances may be issued for the use of property upon a determination from the Board of Zoning Appeals that the proposed use will not cause, materially contribute to or create a material risk of any adverse effect upon the municipal water source, under reasonably possible hydrologic or geologic conditions. All technological evidence shall be based on the modeling techniques defined in Wellhead Protection Area, Zone 1 and Zone 2 reports, approved by TDEC (November 1995);

      (3)   In reviewing a variance application, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this subchapter, and:

         (a)   The practical difficulty and hardship on the property owner related to the use and enjoyment of the property caused by the regulation or restriction as enacted within the Wellhead Protection Areas, Zone 1 and Zone 2;

         (b)   When it is alleged there is an error in any requirement, decision or determination made by the Town Engineer in the enforcement or administration of this subchapter;

         (c)   That no variance may be requested nor granted as a means to circumvent the intentions of this subchapter or as a remedy for a violation of this subchapter;

         (d)   May attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this subchapter;

      (4)   In reviewing a variance application, the Board of Zoning Appeals shall consider the recommendation of the Shelby County Ground Water Quality Control Board (SCGWQCB).

(`00 Code, § 11-1706)

   (A)   Use of regulated substances in conjunction with municipal water supply and treatment activities shall not be restricted by this subchapter.

   (B)   Use of regulated substances in conjunction with public parks, playgrounds, golf courses and community centers.

   (C)   Storage of regulated substances in conjunction with municipal water supply and treatment activities shall not be restricted by this subchapter.

   (D)   Storage of fuel and lubricants for vehicle operations in conjunction with permitted uses shall be either in above ground storage tanks meeting EPA regulations for such facilities or underground storage tanks meeting the requirements of this subchapter. Underground storage tanks shall not be allowed in Zone 1 areas. Underground storage tanks located in Wellhead Protection Area, Zone 2, shall meet all EPA regulations for underground storage tanks and be double wall with monitoring of the space between the tank walls. All piping shall be double wall. Ground water monitoring shall be as per the current EPA regulation for underground storage tanks and shall include one monitoring well in the excavation where the tank is located. All monitoring results for underground storage tanks in a Wellhead Protection Area, Zone 2, (ground water, product, vapor space and the like) shall be provided to the Department of Development on a monthly basis.

   (E)   Notwithstanding other provisions of this subchapter, nonconforming uses in this district presently utilizing underground storage tanks for fuel and lubricants for vehicle operations shall be permitted to replace existing tanks with those constructed as per the specifications of division (D) of this section and not exceeding the capacity of existing tanks. Replacement of underground tanks for regulated substances other than fuel and lubricants for vehicle operations is not permitted.

   (F)   Storage of regulated substances other than fuel and lubricants for vehicle operations in conjunction with permitted and conditional uses in this district is prohibited.

(`00 Code, § 11-707)

   (A)   Preliminary plan.

      (1)   The applicant shall submit a preliminary site plan describing the concept for the development of the entire tract to the Planning Commission.

      (2)   The preliminary site plan shall conform with the site plan requirements set forth in this chapter and include the following additional requirements:

         (a)   Be drawn to a scale of one inch equals 100 feet;

         (b)   Including the following:

            1.   Location of all existing public water supply wells within 1,000 feet;

            2.   Location of Wellhead Protection Zone 1 and Zone 2 areas within 500 feet of property; and

            3.   Location of septic tanks (including size and capacity) and/or sewage lift stations, force mains and grease traps.

         (c)   Provide the regulations used to control the uses permitted in the project and the uses specifically prohibited;

         (d)   Provide a complete list of the types and volumes of all hazardous materials (including fuels) used, stored, processed, handled or disposed, other than those volumes and types associated with normal household use;

         (e)   Provide a description of the types of wastes generated and method of disposal including: solid wastes, hazardous wastes, sewage and non-sewage wastewater discharges;

         (f)   Provide plans and documents containing information to show compliance with the performance standards;

         (g)   Provide other additional information as may be required by reviewing agencies regarding: the proposed use, its potential impact to water quality, hydrogeologic information, monitoring and mitigation measures.

   (B)   Final plan.

      (1)   After approval of the preliminary plan, but prior to the issuance of any building permit and/or commencement of construction, the applicant shall have approval of the Planning Commission and a final plan covering the entire tract or that portion proposed for development.

      (2)   The final plan shall:

         (a)   Provide a complete list of the types and volumes of all hazardous materials (including fuel) used, stored, processed, handled or disposed, other than those volumes and types associated with normal household use;

         (b)   Provide a description of the types of wastes generated and method of disposal including: solid wastes, hazardous wastes, sewage and non-sewage wastewater discharges;

         (c)   Provide plans and documents containing information to show compliance with the performance standards;

         (d)   Provide other additional information as may be required by reviewing agencies regarding: the proposed use, its potential impact to water quality, hydrogeologic information, monitoring and mitigation measures.

      (3)   The applicant may, if desired, submit only one final plan for the purpose of securing approval of the development plan if the plan submitted complies with all the requirements of the final plan. The Planning Commission may grant final approval to such a plan after only one review.

(`00 Code, § 11-1708)