(1)

The Germantown Groundwater Technical Review Committee shall consist of all the following:

(a)

The Village Planner/Zoning Administrator.

(b)

The Village Public Works Director.

(c)

The Village Engineer.

(d)

The Fire Chief.

(e)

The Superintendent of the Water Utility.

(2)

The purpose for and responsibilities of the Germantown Groundwater Technical Review Committee are to:

(a)

Provide objective and scientific technical review of requests for conditional use permits and make recommendations to the Plan Commission and ultimately to the Village Board to grant or deny conditional use permits based upon the facts discovered in that review;

(b)

To make recommendations on any and all conditions placed on a conditional use permit;

(c)

To interpret the provisions of Section 17.40 (Wellhead Protection) and to provide guidance to the Village Planner/Zoning Administrator regarding potential amendments to and the administration and enforcement of the provisions under Section 17.40; and

(d)

To give advice on matters concerning the protection of Germantown's groundwater resources.

(3)

Professional Services. The Village may retain the services of professional consultants (including engineer, environmental specialist, hydrologist, and other experts) to assist the Village in the Village's review of a proposal or submittal coming before the Germantown Water Technical Review Committee. The submittal of a proposal by a petitioner shall be construed as an agreement to pay for such professional review services applicable to the proposal. The Village may apply the charges for these services to the petitioner along with an administrative fee. Review fees which are applied to the petitioner, but which are not paid, may be assigned by the Village as a special assessment to the subject property.

17.40.05

GROUNDWATER PROTECTION OVERLAY DISTRICT. A Groundwater Protection Overlay District may be created to institute land use regulations and restrictions within a defined area which contributes water directly to a municipal water supply and thus promotes public health, safety, and welfare. The district is intended to protect the groundwater recharge area for the existing or future municipal water supply from contamination.

17.40.06

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.

17.40.07

GROUNDWATER PROTECTION OVERLAY DISTRICTS BOUNDARIES. The boundaries of the Groundwater Protection Overlay Districts are referenced as being part of the Germantown zoning map being an overlay district to the zoning map. The locations and boundaries of the zoning districts established by this ordinance are set forth on the Village of Germantown Municipal Wellhead Protection Areas Map which is incorporated herein and hereby made a part of this ordinance. Said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this ordinance as though fully set forth and described herein.

17.40.08

PERMITTED USES.

(1)

Subject to the conditions for existing uses listed in subsection 17.40.12 the following are the only permitted uses within the groundwater protection overlay district.

(a)

Public and private parks, and playgrounds provided there are no on-site wastewater disposal systems or holding tanks.

(b)

Wildlife and natural and woodland areas.

(c)

Biking, hiking, skiing, nature, equestrian and fitness trails.

(d)

Residential which is municipally sewered and free of flammable and combustible liquid underground storage tanks.

(e)

Agricultural uses in accordance with the county soil conservation department's best management practices guidelines.

(f)

Single-family residences on a minimum lot of 20,000 square feet with a private on-site sewage treatment system receiving less than 8,000 gallons per day, which meets the County and State health standards for the effluent, and free of flammable or combustible liquid underground storage tanks.

(g)

Commercial, institutional, industrial or office establishments which are municipally sewered subject to the prohibited and conditional uses listed in subsections 17.40.10 and 17.40.11.

17.40.09

SEPARATION DISTANCE REQUIREMENTS.

(1)

The following separation distances as specified in § NR 811.16(4)(d), Wis. Adm. Code, shall be maintained. Measurements shall be from the well head to the specified structure, facility, edge of landfill or storage area as described in items (a) through (f) below.

(a)

Fifty feet between a public water supply well and a stormwater sewer main or any sanitary sewer main constructed of water main materials and joints which is pressure tested in place to meet current AWWA 600 specifications. 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.

(b)

Two hundred feet between a public water supply well and any sanitary sewer main not meeting the above specifications, any sanitary sewer lift station or single-family residential fuel oil tank.

(c)

Four hundred feet between a public water supply well and a septic system receiving less than 8,000 gallons per day, or a stormwater detention, retention, infiltration or drainage basin.

(d)

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 (hereafter Commerce) or its designated agent under § COMM 10.10, Wis. Adm. Code.

(e)

One thousand feet between a well and land application of municipal, commercial or industrial waste; industrial, commercial or municipal waste water lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil adsorption units receiving 8,000 gallons per day or more.

(f)

Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility; sanitary landfill; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from Commerce or its designated agent under § COMM 10.10, Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

17.40.10

PROHIBITED USES.

(1)

The following uses are prohibited:

(a)

Buried hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA criteria under 40 CFR Part 370.)

(b)

Radioactive waste facilities.

(c)

Coal storage.

(d)

Industrial lagoons, pits or natural or manmade containment structures, primarily of earthen materials used for storage or treatment of wastewater, fermentation leachates or sludge.

(e)

Landfills and any other solid waste facility, except post-consumer recycling.

(f)

Manure and animal waste storage except animal waste storage facilities regulated by the County.

(g)

Pesticide and fertilizer dealer.

(h)

Railroad yards and maintenance stations.

(i)

Rendering plants and slaughterhouses.

(j)

Salt or deicing material storage for the purpose of distribution.

(k)

Septage or sludge spreading.

(l)

Septage, wastewater, or sewage lagoons.

(m)

Motor vehicular filling stations.

(n)

Wood preserving operations.

17.40.11

CONDITIONAL USES.

(1)

Any person may request a conditional use permit for certain uses, activities and structures within the Groundwater Protection Overlay District not prohibited in subsection 17.40.10.

(2)

The uses, activities, and structures that may be conditionally allowed are:

(a)

Jewelry plating and metal plating.

(b)

Machine or metal working shops as the principal business.

(c)

Commercial, institutional, or office establishments utilizing a private on-site wastewater treatment system.

(d)

Cemeteries.

(e)

Chemical manufacturers (Standard Industrial Classification Major Group 28).

(f)

Dry cleaners.

(g)

Nonmetallic earthen materials extraction or sand and gravel pits.

(h)

Salvage or junk yards.

(i)

Stockyards and feedlots.

(j)

Research labs, universities and hospitals.

(k)

Exposed hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA criteria under 40 CFR Part 370.) This shall not apply to residential LP gas tanks which are permitted under subsection 17.40.08(1)(i).

(l)

Storage or processing of extremely hazardous substances, radioactive materials or substances listed in Table 1, Ch. NR 140, Wis. Adm. Code (Extremely hazardous substances are identified by SARA/EPCRA criteria under 40 CFR Parts 302 and 355.)

(m)

Septage or sludge storage or treatment

(n)

Motor vehicular service stations, repair, renovation and body working.

(3)

All requests for a conditional use permit shall be submitted in writing to the Germantown Village Planning and Zoning Department, and shall include all of the following:

(a)

A site plan map with all building and structure footprints, driveways, sidewalks, parking lots, stormwater management structures, groundwater monitoring wells, and 2-foot ground elevation contours.

(b)

A business plan and/or other documentation which describes in detail the use, activities, and structures proposed.

(c)

An environmental assessment report prepared by a licensed environmental engineer which details the risk to, and potential impact of, the proposed use, activities, and structures on groundwater quality. In the event of substitution or relocation of pre-existing use under this section, the report shall address the ways that the substituted or relocated use will reduce the risk to groundwater compared to the pre-existing use. (Am. Ord. #20-2024)

(e)

A contingency plan which addresses in detail the actions that will be taken should a contamination event caused by the proposed use, activities, or structures occur.

(4)

All applicants submitting a request for a conditional use permit shall reimburse the Village for all consultant fees and expenses and technical review committee expenses associated with this review, plus administrative costs and processing fees.

(5)

All conditional use permits granted shall be subject to conditions that will include environmental and safety monitoring determined necessary to afford adequate protection of the public water supply. These conditions shall include all of the following:

(a)

Provide current copies of all federal, state and local facility operation approval or certificates and on-going environmental monitoring results to the Village.

(b)

Establish environmental or safety structures/monitoring to include an operational safety plan, material processes and containment, operations monitoring, best management practices, stormwater runoff management, and groundwater monitoring.

(c)

Replace equipment or expand in a manner that improves the environmental and safety technologies in existence.

(d)

Prepare, file and maintain a current contingency plan which details the response to any emergency which occurs at the facility, including notifying municipal, county and state officials. Provide a current copy to the Village.

(6)

The Germantown Village Board shall decide upon a request for a conditional use permit only after full consideration of the recommendations made by the Germantown Groundwater Technical Review Committee. Any conditions above and beyond those specified in conditional uses, subsection (5) herein that are recommended by the Germantown Groundwater Technical Review Committee may be applied to the granting of the conditional use permit.

17.40.12

PROVISIONS AND REQUIREMENTS FOR PRE-EXISTING USES OR FACILITIES REQUIRING A CONDITIONAL USE PERMIT OR LISTED AS A PROHIBITED USE. (Am. Ord. #20-2024)

Pre-existing uses or facilities within the Groundwater Protection Overlay District at the time of enactment of such district which require a conditional use permit under subsection 17.40.11 or are listed as a prohibited use under subsection 17.40.10 all of which are incorporated herein as if fully set forth shall meet the following as may be applicable.

(1)

Current Federal, State and Local Approvals and Permits. The owners or operators of uses or facilities which existed within Groundwater Protection Overlay District at the time said District was enacted shall, within 45 days of enactment, provide copies of all current, and within 30 days of receipt, revised or new Federal, State and local facility operation approvals, permits or certificates; operational safety plan and on-going environmental monitoring results to the Village.

(2)

Contingency Plans. The owners or operators of such uses or facilities as above which existed within the district at the time of enactment of a district shall have the responsibility of devising, filing and maintaining, with the Village, a current contingency plan which details how they intend to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at their facility, including notifying municipal, county and state officials.

(3)

Repair, Rebuild, Expand, Relocation, and Substitution of Pre-Existing Uses or Facilities. In the event any of the following circumstance arise the owners or operators of such pre-existing uses and facilities shall be granted a conditional use permit, in accordance with this Code and subsection 17.40.11(3) through (6) above, to repair, rebuild, expand, relocate, or allow the substitution of such pre-existing uses or facilities, provided that the conditions imposed shall include the requirements listed under subsection 17.40.12(4) below:

(a)

A casualty loss causing damage or destruction to the site, building or other improvements exceeding 50% of the existing assessed valuation thereof; or

(b)

The owner or operator desires to repair, rebuild, or expand the site, building or make other improvements where the cost of which will reasonably be anticipated to exceed 50% of the existing assessed valuation thereof: or

(c)

The owner or operator desires to relocate the pre-existing use or facility within Groundwater Protection Overlay District ; or

(d)

The owner or operator desires to substitute or replace g pre-existing use or facility that requires conditional use permit or is listed as g prohibited use with different use or facility that requires conditional use permit or is listed as g prohibited use.

(4)

Conditional Use Permit Requirements. At minimum, conditional use permits granted by the Village pursuant to subsection 17.40.12(3) above shall include conditions that require the following:

(a)

To the extent feasible, based upon scientific, engineering and economic factors, all site, building and other improvements shall be repaired, rebuilt, expanded, relocated, or substituted using best management practices, designs and technologies which are state of the art, such that they diminish the potential for wellhead contamination; and

(b)

To the extent feasible, based upon scientific, engineering, and economic factors, the replacement, substitution, or augmentation of equipment and machinery and the installation thereof shall utilize state of the art equipment and machinery which diminishes potential for wellhead contamination; and

(c)

The relocation of pre-existing uses or facilities is allowed provided all the following are met:

(i)

The pre-existing use or facility is relocated within the same Groundwater Protection Overlay District:

(ii)

The new location meets all applicable separation distance requirements set forth under subsection 17.40.09;

(iii)

The use or facility can obtain all applicable Federal. State and Local approvals and permits;

(iv)

The owner of the property or current site from which the pre-existing use or facility is relocating from records g deed restriction against the property that prohibits future uses and/or facilities that require g conditional use permit under subsection 17.40.11 or are listed as prohibited use in subsection 17.40.11; and

(v)

The owner of the property or operator of the pre-existing use or facility being relocated causes the property and all structures, equipment, and systems located thereon to be altered and/or restored to physical condition that can be reasonably expect to not cause groundwater contamination, including but not limited to the removal of storage tanks, pipes, and systems that previously contained or utilized hazardous, flammable, or other liquids or materials that had the potential to contaminate the Village's groundwater resources. Such alteration and restoration shall meet all applicable Federal, State, and Local agency requirements Wisconsin's Cleanup Rules and Laws)

17.40.13

CHANGING TECHNOLOGY.

(1)

The uses prohibited by this district are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by a particular use considered to be of a high risk for pollution to the groundwater resource. As the technology of other uses change to low or non-risk materials or methods, upon petition from such use, after conferring with the Groundwater Technical Review Committee or other expert opinion, and after appropriate public notice and hearing, the Village through appropriate procedures and actions to change these provisions of the Germantown Municipal Code may remove from the designated prohibited uses such uses as are demonstrated convincingly that they no longer pose a groundwater pollution hazard.

(2)

In dealing with uses which attempt to become permissible, under the terms of this district, by continuing to utilize pollutant materials but altering their processing, storage and handling, it is not the intention to accept alternate or reduced hazards as the basis for making a use permissible. It is the intention to continue a prohibition on such uses until the technology of the use removes reliance upon the pollutant materials or processes deemed to be a groundwater hazard.

17.40.14

ENFORCEMENT AND PENALTY.

(1)

Penalty. Any person who violates, neglects or refuses to comply with any of the provisions of this ordinance shall be subject to a penalty as provided in section 17.40 of this Municipal Code.

(2)

Injunction. The Village of Germantown may, in addition to any other remedy, seek injunction or restraining order against the party alleged to have violated the provisions herein, the cost of which shall be charged to the defendant in such action.

(3)

Cleanup Costs. As a substitute for, and in addition to any other action, the Village of Germantown may commence legal action against both the person who releases the contaminants and the owner of the facility whereupon the contaminants were released to recover the costs, together with the costs of prosecution. Any person who causes the release of any contaminants which may endanger or contaminate the municipal water supply system associated with a Groundwater Protection Overlay District shall immediately cease such discharge and immediately initiate cleanup satisfactory to the Village of Germantown and the other State and Federal regulatory agencies.

The person who releases such contaminants and the person who owns the facility whereon the contaminants have been released shall be jointly and severally responsible for the cost of cleanup, consultant, or other contractor fees, including all administrative costs for oversight, review and documentation, including the Village employees, equipment, and mileage.

17.40.15

CONFLICT, INTERPRETATION AND SEVERABILITY.

(1)

Conflict and Interpretation of Provisions. If the provisions of the different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions arising out of the subject matter of such chapter. In their interpretation and application, the provisions of this ordinance shall be held to be the minimum and are not deemed a limitation or repeal of any other power granted by Wisconsin Statutes. Where any terms or requirements of this ordinance may be inconsistent or conflicting, the most restrictive requirements or interpretations shall apply.

(2)

Severability of Code Provisions. If any section, subsection, sentence, clause or phrase of the Code is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. The Village Council hereby declares that they would have passed this Code and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional.