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Germantown City Zoning Code

CHAPTER 1128

Well Head Protection Overlay District

1128.01 STATEMENT OF INTENT.

   It is the intent of the Well Head Protection Overlay District (sometimes referred to as the WP District or Overlay District or Protection Overlay District) to safeguard the health, safety and welfare of the customers of protected public water supplies and to protect the community’s potable water supply against contamination by regulating land use and the storage, handling, use and/or production of regulated substances as defined below. The land within the overlay district is that land in the Municipality that lies within a five (5) year travel time contour adjacent to existing and proposed public wells of a protected public water supply.
(Ord. 00-60. Passed 9-18-2000.)

1128.02 DEFINITIONS.

   (a)   As used in this chapter:
      (1)   "Aquifer " means a geologic formation, group of geologic formations, or part of a geologic formation that contains enough saturated permeable material to yield significant quantities of water.
      (2)   "Direct Recharge Area" means that portion of a drainage basin in which water infiltrating vertically from the surface will intercept the water table.
      (3)   "Non-routine Maintenance" means activities necessary not more frequently than every twenty-four months to keep structures, and equipment in good repair.
      (4)   "Five year capture area" means the area around protected public water supply well heads delineated by the five-year travel time contour.
      (5)   "Overlay District" means a district described on the Zoning Map within which, through super-imposition of a special designation, certain regulations and requirements apply, in addition to those of the underlying zoning district.
      (6)   "Potable Water" means water that is satisfactory for drinking, culinary and domestic purposes meeting current drinking water standards.
      (7)   "Protected public water supply" means a public water system which services at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25), year round residents, and having a one-year capture area defined through appropriate hydrologic studies.
      (8)   "Regulated substances" means chemicals and mixtures of chemicals that are health hazards. Materials packaged for personal or household use as food or drink for man or other animals are not regulated substances. Regulated substances include:
          A.    Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizes, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes or mucous membranes.
         B.    Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.
         C.    Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises one percent (1%) or greater of the composition on a weight per unit basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one-tenth of one percent (1%) or greater of the composition on a weight per unit weight basis.
         D.    Ingredients of mixtures prepared within the Well Head Protection Overlay District in cases where such ingredients are health hazards but comprise less than one-tenth of one percent (1%) of the mixture on a weight per unit weight basis if carcinogenic or less than one percent (1%) of the mixture on a width per unit weight basis if non- carcinogenic.
         E.    Petroleum and non-solid petroleum derivative (except non-PCB dielectric fluids).
      (9)   "Travel time contour" means a locus of points from which water takes an equal amount of time to reach a given destination such as well or well field.
      (10)   "Underground storage tank" means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of Regulated Substances and the volume of which (including the volume of underground pipes connected thereto) is ten percent (10%) or more beneath the surface of the ground. Flow-through process tanks and septic tanks approved by the Health Department or State Environmental Protection Agency as applicable are excluded from the definition of underground storage tanks.
      (11)   "Wellfield" means a tract of land that contains a number of wells for supplying water.
         (Ord. 00-60. Passed 9-18-2000.)

1128.03 DETERMINATION OF APPLICABILITY.

   (a)   The provisions of this chapter shall apply to:
      (1)   New construction;
      (2)   Building expansions and/or additions;
      (3)   Alteration in use, storage, handling or processing of regulated substances; and
      (4)   Conversion or use changes resulting in a new use involving the storage, handling or processing of regulated substances.
   (b)   It is the responsibility of any person owning real property and/or operating a
business within the Municipality to make a determination of the applicability of this chapter. Failure to make such determination will not excuse any violations.
(Ord. 00-60. Passed 9-18-2000.)

1128.04 PERMITTED PRINCIPAL USES.

   The requirements of this section shall be in addition to any applicable regulations found elsewhere within the Zoning Code.
   (a)   Conditional uses within the Well Head Protection Overlay District shall be those of the underlying zoning district, except as those uses may be restricted by this section. (Ord. 03-73. Passed 11-3-03.)

1128.05 PROHIBITED USES.

   Sanitary landfills, dry wells, self storage facilities, landfills comprised of demolition debris or other non-approved matter, and junkyards are prohibited in the Well Head Protection Overlay District.
(Ord. 00-60. Passed 9-18-2000.)

1128.06 DESIGN STANDARDS.

   The following design standards shall apply to all new and expanded uses in the Well Head Protection Overlay District.
   (a)   Underground storage tank (UST) system installation, use, operation, closure and record-keeping shall be in accordance with requirements for UST's located in sensitive areas as set forth in Bureau of Underground Storage Tank Regulations, 1301:7-9-10
   (b)   Dry wells or floor drains to dry wells are not permitted in the Well Head Protection Overlay District.
   (c)    Secondary containment for above ground areas where regulated substances are stored or used shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released material.
   (d)   General purpose floor drains located in building areas where regulated substances may be used, stored or generated shall only be allowed if they are approved by the Municipality for connection to a public sewer system or an on-site closed holding tank.
   (e)   Building floor drains are prohibited in any areas of a structure where regulated substances or wastes are present including, but not limited to storage, process, assembly or service areas.
   (f)   Local, state, and federal agency requirements for storage, spill prevention, record- keeping, emergency response, transport and disposal of hazardous and/or regulated substances shall be met. No discharges to groundwater, including direct or indirect discharges, shall be allowed without required permits and approvals.
   (g)   Connection to public sanitary sewers, if reasonably available, is required. A connection shall be considered reasonably available if a sanitary sewer lies within an easement that abuts the property.
   (h)   All parking, driveway and loading areas shall be paved and designated to prevent storm runoff onto adjacent lands.
      (Ord. 00-60. Passed 9-18-2000.)

1128.07 PLAN REVIEW.

   No new or expanded use shall be permitted within the Well Head Protection Overlay District without a site plan being submitted to, and approved by, the Planning Commission. The application for any new or expanded use, other than residential or agricultural, shall include the following:
   (a)   A general description of the proposed use identifying the products produced, the materials used in the production process and the types of wastes generated along with the wastes handling and disposal methods for solid and hazardous wastes and sewage and non-sewage wastewater discharges.
   (b)   A site and building plan showing all hazardous materials loading, storage, handling and process areas that identifies floor drains, process vents, sewage disposal and waste storage or disposal areas.
    (c)   A complete list of the types and volumes of all regulated substances and/or hazardous materials and fuels used, stored, processed, handled, or disposed of as required to be supplied to the Montgomery Greene County Local Emergency Response Committee.
   (d)   A storm water management plan for the site to assure that water infiltrating into the aquifer is not contaminated.
      (Ord. 00-60. Passed 9-18-2000.)

1128.08 HAZARDOUS SUBSTANCE MANAGEMENT PLAN.

   The operator of any new or expanded commercial or industrial facility involving the use, handling, storage, processing or storage of hazardous materials or waste shall prepare a Hazardous Substance Management Plan for review by the Planning Commission. The plan must demonstrate that the best management practices shall be used by the applicant to minimize any potential threat to groundwater quality. The plan will also be submitted to the Montgomery Greene County Local Emergency Response Committee for review and comment and shall contain the following information:
   (a)   A facility layout and description
   (b)   Procedures for safe handling
   (c)   A description of disposal methods for process waste
   (d)   Procedures to be employed to prevent leaks and spills of hazardous or regulated substances
   (e)   An Emergency Spill Plan that covers the following:
      (1)   Emergency procedures
   (2)   Notification of officials
      (3)   Spill containment procedures
      (4)   Cleanup
      (5)   Disposal
      (6)   Reporting
   The plan must be reviewed by the Germantown Planning Commission every five (5) years from date of approval and whenever there is a change in procedures, technology or materials used, stored, processed or waste generated.
(Ord. 00-60. Passed 9-18-2000.)