Ithaca City Zoning Code
ARTICLE 25
Wellhead Protection Overlay District
§ 25.01 Purpose.
The intent of the wellhead protection overlay zone is to provide supplemental development regulation in the designated wellhead protection area so as to permanently protect the City of Ithaca's drinking water source from long-term contamination originating from land use activities on the earth's surface. Due to the vulnerability of groundwater to contamination, the need for public health protection, and the significant public investment in the municipal water supply system, these regulations contain protective measures which do not apply to other areas of the community. The requirement and restrictions defined in this article shall be applied as additional requirements and restrictions to the standards identified in this ordinance for the applicable underlying zoning districts within the designated wellhead protection area.
§ 25.02 Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DISCHARGE
But is not limited to, any spilling, leaking, seeping, pouring, misapplying, emitting, emptying or dumping of any pollutants prohibited by lawful statute or regulation which occurs and which affects surface water and groundwater.
OVERLAY ZONE
That area of the City in which special requirements and restrictions are applied to land uses and activities to eliminate or minimize contamination of the aquifers supplying the City's municipal water wells. The overlay zone is described by an opaque map representing the wellhead protection area superimposed on the City's official zoning map.
WELLHEAD PROTECTION AREA
The surface and subsurface area surrounding a public water supply well through which contaminants, if spilled or deposited, will most likely pass and eventually reach the well or wellfield. This area is also known as the zone of contribution (ZOC).
§ 25.03 Location of wellhead protection areas.
The City of Ithaca wellhead protection area is that area whose boundaries are defined by a hydrogeologic investigation delineating the characteristics of the aquifers supplying the City's municipal water wells. The wellhead protection area shall be visually identified by an overlay zone on the City's official zoning map.
§ 25.04 Application to land use activities.
The requirements of this article apply to any person, firm, or corporation within the wellhead protection overlay zone when new or expanded land uses are proposed.
§ 25.05 Special land use permit required.
No land uses within the wellhead protection overlay zone subject to regulation under this ordinance shall be constructed or expanded unless a special use permit has been granted by the Planning Commission.
§ 25.06 Wellhead protection area map.
The wellhead protection overlay zone shall be mapped and the land area where water infiltrates into the soils and reaches groundwater used by the public water supply wells shall be delineated. The wellhead protection overlay zone map shall indicate the criteria and methods used to prepare the map and shall be periodically reviewed. The wellhead protection overlay zone map shall be incorporated into this ordinance upon completion of the hydrogeologic investigation by a professional hydrogeologist delineating the area, flow, depth and characteristics of the aquifers supplying the City's municipal water wells.
§ 25.07 Wastewater treatment system connections.
All residential, commercial, industrial and public uses within the wellhead protection overlay zone shall be connected to available public wastewater treatment facilities.
§ 25.08 Site plan review requirements.
All land uses proposed or expanded within the wellhead protection area shall conform to the permitted uses or uses allowed by special permit for the applicable underlying zone, and shall meet the special land use site plan review standards specified in Article 22. All land uses and activities existing within the wellhead protection area prior to the approval of the City's wellhead protection plan by the appropriate state agency must conform to the special land use site plan review standards in this article within 180 days after approval of the wellhead protection plan.
§ 25.09 Data submission requirements.
Data required for special land use review purposes for all proposed uses in the wellhead protection area includes the following:
(a)
Listing of types and quantities of hazardous substances which will be used or stored on site at the facility in quantities greater than 25 gallons per month.
(b)
Completion of the hazardous substances reporting form, as provided by the Zoning Administrator.
(c)
Location of existing and proposed service facilities and structures, above and below ground, including:
(1)
General location of the site within the wellhead protection area.
(2)
Areas to be used for the storage, use, loading/unloading, recycling, or disposal of hazardous substances, including interior and exterior areas.
(3)
Underground storage tank locations.
(4)
Location of exterior drains, dry wells, catch basins, retention/detention areas, sumps and other facilities designed to collect, store or transport stormwater or wastewater. The point of discharge for all drains and pipes shall be specified on the site plan.
(d)
Location of existing wetlands and watercourses, including ponds and streams on or within one-quarter mile of the site.
(e)
Soil characteristics of the site, at least to the detail provided by the U.S. Soil Conservation Service.
(f)
Existing topography, with a maximum contour interval of two feet indicated.
(g)
Delineation of areas on the site which are known or suspected to be contaminated, together with a report on the status of site cleanup.
(h)
An affidavit stating that any existing commercial, industrial, or public utility facility is in compliance with county, state and federal regulations.
(i)
A county/state environmental permits checklist, indicating the types of environmental permits and approvals which may be needed for the proposed project.
§ 25.10 Standards for special land uses.
All projects proposed for special land use approval within the wellhead protection area shall meet the following minimum standards, in addition to the applicable standards in Article 22 and the general standards of § 20.03:1.
(a)
Sites at which hazardous substances are stored, used or generated shall be designed to prevent spills and discharges to the air, surface of the ground, groundwater, streams, or wetlands.
(b)
Secondary containment of hazardous substances shall be provided for areas where such substances are stored or used. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance.
(c)
General purpose floor drains shall be approved for connection to a public sewer system, an on-site holding tank, or a system authorized through a state groundwater discharge permit.
(d)
State and federal agency requirements for storage, spill prevention, recordkeeping, emergency response, transport and disposal of hazardous substances shall be met, including, but not limited to, the following:
(1)
A Michigan Groundwater Discharge Permit shall be required for any discharge to groundwater.
(2)
A pollution incident prevention plan shall be prepared for facilities which store any quantity of materials listed on the Michigan Critical Materials List.
(e)
Commercial or industrial land uses shall have specially designed stormwater facilities in areas where hazardous substance spills may occur. Such facilities shall be designed to:
(1)
Prevent the commingling of stormwater runoff and hazardous substances;
(2)
Enhance spill cleanup; and
(3)
Meet all county, state and federal agency requirements.
(f)
Runoff collection systems for roads and parking lots shall be able to control at least the first inch of rainwater.
(g)
All guidelines and requirements of federal, state, the county and local agencies specified in the state approved wellhead protection plan for the City of Ithaca.
§ 25.11 Maintenance plan required.
All special land uses proposed for the wellhead protection area shall have an approved maintenance plan recorded with the county register of deeds. The maintenance plan may include standards and operational requirements related to:
(a)
The application rate and timing of lawn fertilizers.
(b)
The repair and reconstruction of secondary containment dikes and other spill protection measures.
(c)
The application of de-icing chemicals to road surfaces and parking lots.
(d)
Maintenance of stormwater management facilities located on site.
(e)
Other topics identified in the City of Ithaca Wellhead Protection Plan.
§ 25.12 Administrative review fees.
All applicants for special use permits in the Wellhead Protection Overlay District shall pay an administrative fee sufficient to cover the expense of reviewing and approving the proposal, including, but not limited to, the cost of planning and engineering site reviews. Such fee shall be set by City Council.