Dresser City Zoning Code
17.221 Groundwater
Protection Overlay District; wellhead protection.
[Added by Ord. No. 194]
(1)
Purpose and authority. The residents of the Village depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can threaten or degrade groundwater quality. The purpose of this section is to institute land use regulations and restrictions to protect the Village's Municipal water supply and well fields as set forth in the Wellhead Protection Plan of February 2003, and to promote the health, safety, and general welfare of the residents of the Village. The Wellhead Protection Plan of February 2003 is hereby adopted by reference and is on file in the office of the Clerk-Treasurer.
(1 )
Statutory authority of the Village to enact these regulations was established by the Wisconsin Legislature in §§ 61.35 and 62.23(7)(a) and (c). Under these statutes, the Village has the authority to adopt this section, effective in the incorporated areas of the Village, to encourage the protection of groundwater resources.
(2)
Applicability. This section shall apply within the Village boundary limits.
(3)
Definitions. For the purpose of this section, the following words and terms shall have the meaning set out below unless the context specifically indicates otherwise.
(a)
EXISTING FACILITIES — Current facilities, practices and activities which may cause or threaten to cause environmental pollution with that portion of the Village's wellhead protection area that lies within the corporate limits of the Village. Existing facilities include, but are not limited to, the type listed in the Department of Natural Resources' form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form which is on file in the office of the Clerk-Treasurer.
(b)
GROUNDWATER PROTECTION OVERLAY DISTRICT — That area described within the Village Wellhead Protection Plan and set forth in this section. A copy of the Dresser Wellhead Protection Plan can be obtained from the Clerk-Treasurer.
(c)
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.
(d)
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.
(e)
FIVE YEAR TIME-OF-TRAVEL — The recharge area upgradient of the cone of depression, the outer boundary of which is determined or estimated that groundwater and potential contaminants will take five years to reach a pumping well. The five year time-of-travel for the Dresser wells fields is established based on information contained in the Wellhead Protection Plan of February 2003.
(4)
Groundwater Protection Overlay District.
(a)
Zone WPA-A. The primary portion of the Village recharge area to be protected are the lands defined as the Zones of Contribution in the Wellhead Protection Plan of February 2003. It includes a one-thousand-two-hundred foot radius of Well #2 or Well #3 which has been extended to convenient geographic boundaries to define the wellhead protection area (see Figures 4 and 5, Wellhead Protection Plan, February 2003). These lands are subject to the most stringent land use and development restrictions because of close proximity to the wells and corresponding high threat of contamination.
(b)
Zone WPA-B. A secondary portion of the Village recharge area to be protected is land which lies within the five year time-of-travel of groundwater to the well. The five year time-of-travel for the Village well field is shown in Figures 3 and 4 of the Wellhead Protection Plan.
(c)
Permitted uses.
1.
The following permitted uses in Zone WPA-A are subject to the separation distances set forth in par. (e) below, and the prohibited uses set forth in par. (d) below. The following are the only permitted uses within the Zone. Uses not listed are to be considered non-permitted uses.
a.
Parks and playgrounds, provided there is no on-site waste disposal or fuel storage tank facilities.
b.
Wildlife areas.
c.
Non-motorized trails, such as biking, skiing, nature, and fitness trails.
d.
Municipally sewered residential development, free of flammable and combustible liquid underground storage tanks.
e.
Routine tillage, planting, and field management operations in support of agricultural crop production, where nutrients from legume, manure, and commercial sources are accounted for and credited toward crop nutrient need. The combination of a nutrient sources applied or available on individual fields may not exceed University of Wisconsin soil test recommendations for that field.
2.
The following permitted uses in Zone WPA-B are subject to the separation distances requirements set forth in par. (e) below and the prohibited uses set forth in par. (d) below.
a.
All of the uses permitted in Zone WPA-A.
b.
Parks, playgrounds and beaches, provided onsite wastewater shall be discharged to a holding tank or municipal sewer.
c.
Residential use of above ground LP gas tanks for heating, not to exceed 1,000 gallons.
d.
Commercial and industrial establishments that are municipally sewered and whose aggregate use, storage, handling and/or production of regulated substances does not exceed 20 gallons or 160 pounds at any time.
(d)
Prohibited uses. The following uses are prohibited uses within the Groundwater Protection Overlay Districts WPA-A and WPA-B. These uses are prohibited based on the high probability that activities routinely associated with these uses will cause groundwater contamination.
a.
Underground storage tanks or above ground storage tanks.
b.
Seepage and/or sludge spreading.
c.
Animal waste landspreading.
d.
Animal waste facilities.
e.
Animal confinement facilities.
f.
Gas stations.
g.
Vehicle repair establishments, including auto body repair.
h.
Printing and duplicating businesses.
i.
Paint and coating manufacturing bus or truck terminals.
j.
(Reserved)
k.
Automotive service and repair shops, body shops.
l.
Landfills or waste disposal facilities.
m.
Wastewater treatment facilities.
n.
Spray wastewater facilities.
o.
Junk yards or auto salvage yards.
p.
Bulk fertilizer and or pesticide facilities.
q.
Asphalt products manufacturing.
r.
Dry cleaning businesses.
s.
Salt storage.
t.
Recycling facilities.
u.
Exterminating businesses.
v.
Any other use determined by the Zoning Administration to be similar in nature to the above listed items.
(e)
Separation distances. The following minimum separation distances, as specified in Wis. Adm. Code NR 811.16(4)(d), shall be maintained and shall not be exempted as listed in par. (g) below.
1.
Fifty feet between a well and storm sewer main.
2.
Two hundred feet between a well and any sanitary sewer main, lift station or single family residential fuel oil tank. A lesser separation distance may be permitted for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints and pressure tested in place to meet current American Waterworks Association (AWWA) 600 specifications. In no case may the separation distance between a well and sanitary sewer main be less than 50 feet. NOTE: Current AWWA 600 specifications are available for inspection at the office of the Wisconsin Department of Natural Resources, the Secretary of State's Office, and the office of the Revisor of Statutes.
3.
Four hundred feet between a well and a septic system receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.
4.
Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Commerce or its designated agent under Wis. Adm. Code COMM. 10.10.
5.
One thousand feet between a well and land application of municipal, commercial or industrial waste; industrial, commercial or municipal wastewater lagoons.
6.
Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, one time disposal or small demolition facility; sanitary landfill; coal storage area; gasoline or fuel oil storage tanks that have not received written approval from the Department of Commerce or its designated agent under Wis. Adm. Code COMM. 10.10; bulk fuel storage facilities and pesticide handling or storage facilities.
(f)
Existing facilities.
1.
Existing facilities shall provide copies of all Federal, State and local facility operation approvals or certificate and on-going environmental monitoring results to the Village.
2.
Existing facilities shall 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 replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
4.
Existing facilities shall have the responsibility of devising and filing with the Village a contingency plan satisfactory to the Village which details how they intent to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at their facility, including the prompt notification of Village officials of the situation.
5.
Existing facilities cannot engage in or employ a use, activity, or structure listed in prohibited uses, par. (d) above which they did not engage in or employ at the time of enactment of a district and can only expand, 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 a district, and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity, or structure listed as prohibited use or conditional use shall be expanded, replaced in kind, or rebuilt unless a conditional use permit is granted for expansion, replacement, or rebuilding. This section does not apply to normal maintenance or minor repairs.
6.
The owners of existing facilities shall comply with the requirements of this section to provide information, protections, monitoring or filing not later than six months after the effective date of this section.
(g)
Exemptions and waivers.
1.
Individuals and/or facilities may request the Village in writing to permit additional land uses in the Districts.
2.
All requests shall be in writing. Such requests may require an environmental assessment report prepared by a licensed environmental engineer. Said report shall be forwarded to the Village and/or designees(s) for recommendation and final decision by the Village Board.
3.
The Village Board shall review all requests for exemptions and waivers in the Groundwater Protection Overlay Districts as follows:
a.
All determinations shall be made by the Village Board within 60 days of any request for approval, provided, however, that this sixty-day period limitation may be extended by the Village for "good cause", as determined in the sole and absolute discretion of the Village Board.
b.
All determinations shall be based upon the following factors:
i.
The Village's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.
ii.
The degree to which the proposed use practice, activity, or facility may seriously threaten or degrade groundwater quality in the Village or the Village's recharge area.
iii.
The economic hardship which may be faced by the landowner if the application is denied.
iv.
The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.
v.
The proximity of the applicant's property to other potential sources of contamination.
vi.
The then existing condition of the Village's groundwater public water wells and well fields, and the vulnerability to further contamination.
vii.
The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.
viii.
Any other hydrogeological data and information which is available from any public or private agency or organization.
ix.
The potential benefit, both economic and social, from the approval of the applicant's request for a permit.
4.
The individual/facility shall reimburse the Village for all consultant fees associated with this review at the invoiced amount plus administrative costs.
5.
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.
(5)
Supremacy of this district. The regulations of an overlay district will apply in addition to all other regulations which occupy the same geographic area. The provisions of any zoning districts that underlay this overlay district will apply except when provisions of the Groundwater Protection Overlay District are more stringent.
(6)
Enforcement and penalties.
(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/facility shall be responsible for all costs of cleanup and consultation fees incurred by the Village, as well as the cost of oversight, review and documentation, including the following:
1.
The cost of Village employees' time associated in any way with the 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.
2.
The cost of equipment employed.
3.
The cost of mileage reimbursed to the Village employees attributed to the cleanup.
(c)
Following any such discharge, the Village may require additional test monitoring or other requirements as outlined in sub. (4)(f) above.
(d)
Violations. It shall be unlawful to construct or use any structure, land or water in violation of this section. Any person who is specifically damaged by such violations may institute appropriate action or proceeding to enjoin a violation of this section.
(e)
Penalties. Any person who fails to comply with the provisions of this section shall, upon conviction thereof, forfeit not less than $100 nor more than $500 plus the costs of the prosecution for each violation, and, in default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until payment thereof, but not exceeding 30 days or, in the alternative, shall have such costs added to his real estate property tax bill as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.