The residents of the village depend exclusively on groundwater for a safe potable water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this article is to establish an overlay district which would contain land use regulations and restrictions to protect the village's municipal water supply and well fields from land uses which pose a threat to the quality and quantity of the groundwater being extracted, and to promote the public health, safety, and welfare of the village residents.

(Prior Code, § 16.25I; Ord. No. 10-03)

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:

Agricultural uses includes pesticide or fertilizer storage and use, septage or sludge spreading, animal waste land-spreading, animal waste facilities and animal confinement facilities related to the production of crops and use of livestock for commercial purposes.

Aquifer means a saturated, permeable geologic formation that contains and will yield significant quantities of water.

Cone of depression means the area under which the water level in an aquifer is lowered by the pumping of a well.

Facility means something created, built, installed, or established to serve a particular purpose.

Five-year time of travel (TOT) means the area up-gradient of a pumping well from the outer boundary of which it is determined or estimated that groundwater and potential contaminants will take five years to reach the pumping well.

Geothermal well means a well that supplies water solely to heat or cool a structure.

Groundwater divide means ridge in the water table or potentiometric surface of an aquifer from which groundwater moves away in both directions. The line of highest hydraulic head in the water table or potentiometric surface.

Nonconforming use means an existing legal use of land, structure, building or accessory use, which is not in conformity with the provisions of this article.

Non-potable water well means a well used to supply water for irrigation, geothermal systems, hydrogeologic monitoring, dewatering, fire suppression, waterscapes, or any other purpose except for drinking or culinary purposes.

Recharge area means area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply groundwater recharge to a well. This area extends beyond the corporate limits of the village.

Well field means a piece of land used primarily for the purpose of locating wells to supply a municipal water system.

Well head means the specific location of the center of a municipal well (a hole or shaft dug or drilled to obtain water).

Well head protection overlay district means that area that lies within the boundary established by a 1,200-foot radius drawn from the center of each individual municipal well head. As additional information is available the overlay district may be more precisely defined by the boundary of the recharge area of each individual municipal well.

(Prior Code, § 16.25III; Ord. No. 10-03)

The regulations specified in this article shall apply to all lands that lie within the five-year time of travel (TOT) of each village municipal well or a minimum of 1,200 feet within the corporate limits of the village and its extraterritorial area. No new use or change in use of any structure, land, or water shall be located, extended, converted or structurally altered and no development shall commence without full compliance with the terms of this article and other applicable regulations.

(Prior Code, § 16.25II(1), II(2); Ord. No. 10-03)

No new potable water wells will be permitted in the village water utility water service area if a municipal water main exists immediately adjacent or readily accessible to the property requesting the well.

(Prior Code, § 16.25II(3); Ord. No. 10-03)

(a)

Location. All non-potable water wells shall be installed on the highest point of the property and hydraulically up-gradient from any known or potential pollution source.

(b)

Connection to potable water system prohibited. No portion of the non-potable well system shall be connected to the potable water system.

(c)

Geothermal well permits. A non-potable well that is used to supply water solely to heat and/or cool a structure (geothermal well) shall obtain a water well permit prior to starting construction. The geothermal well shall be a closed loop system type. The location of the proposed well shall be submitted with the permit application as well as accurately marking the location of the proposed well on the property. All well permit requests shall be submitted to the public works director. The public works director will review the application and may conduct an on-site inspection of the location of the proposed well.

(Prior Code, § 16.25II(4)—II(6); Ord. No. 10-03)

Wells shall be adequately separated from potential sources of contamination. Unless a hydrogeologic investigation indicates lesser separation distances would provide adequate protection of a well from contamination, the following minimum horizontal separation distances between a well and the following land uses and facilities shall be provided:

(1)

Fifty feet between a well and a 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 allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints and pressure tested in a place to meet current AWWA 600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet.

(3)

Four hundred feet between a well and septic tank 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 under Wis. Admin. Code § SPS 310.10 from the department of industry, labor and human relations or its designated agent.

(5)

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

(6)

One thousand two 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; bulk storage facilities; and pesticide or fertilizer handling or storage facilities.

(Prior Code, § 16.25IV; Ord. No. 10-03)

(a)

Prohibited. The following underlying uses are prohibited within the well head overlay district:

(1)

Animal waste storage facilities.

(2)

Asphalt products manufacturing.

(3)

Bulk fertilizer and pesticide storage facilities.

(4)

Bus or truck terminals.

(5)

Dry cleaning facilities.

(6)

Electroplating.

(7)

Exterminating facilities.

(8)

Garage and vehicular towing.

(9)

Gas stations.

(10)

Hazardous and toxic materials storage and use.

(11)

Hazardous and toxic waste facilities.

(12)

Junkyards or auto salvage yards.

(13)

Landfills or waste disposal facilities.

(14)

Non-municipal spray wastewater facilities.

(15)

Non-municipal wastewater treatment facilities.

(16)

Paint and coating manufacturing.

(17)

Printing shops.

(18)

Public and municipal maintenance garages.

(19)

Radioactive waste facilities.

(20)

Salt storage.

(21)

Septage or sludge spreading.

(22)

Tire and battery service.

(23)

Underground storage tanks.

(24)

Vehicle repair and establishments, including body repair.

(b)

Permitted. The following underlying land uses are permitted within the well head protection overlay district as long as they are in compliance with this article:

(1)

Parks, provided there are no on-site waste disposal or fuel storage tank facilities associated with such use.

(2)

Playgrounds.

(3)

Wildlife areas.

(4)

Non-motorized trails, such as biking, skiing, nature and fitness trails.

(5)

Residential uses.

(6)

Agricultural uses.

(7)

Commercial and industrial uses, except those listed as prohibited.

(c)

Request for approval of other permitted uses. Individuals or facilities may request the village to permit other land uses in the well head protection overlay district, that are not expressly prohibited herein. All requests shall be made in writing to the village and shall include a report containing the following information, at a minimum:

(1)

A listing of all hazardous, toxic, and other regulated material to assist in the determination of the threat posed by any potential contaminants entailed in the proposed land use by generation or disposal.

(2)

A map designating the location of existing wells and other public water supply systems and facilities in relation to the proposed land use, including significant geologic and natural features.

(3)

Whether public sanitary sewers are available or proposed at the location.

(4)

Septic tank location, size, and capacity, or sewage lift stations, force mains, and grease traps.

(5)

Expected types and amounts of discharge to sewers, to the ground and to surface waters.

(6)

A proposed emergency plan to detect and control hazardous material leaks and spills, including, but are not limited to, inspections, notification of official emergency containment and clean-up procedures.

Additional information may be requested by the public works director to include, but not be limited to, mapping of sensitive geologic or natural resources, a separate plan for stormwater runoff control and management.

(d)

Cost recovery associated with contamination of water supply from permitted land use. Fees shall be levied by the village against the property to cover the actual costs associated with the emergency response and mediation measures required by the village in the event of contamination from the land use is permitted.

(Prior Code, § 16.25V; Ord. No. 10-03)

Insofar as standards in this article are not inconsistent with provisions of Wis. Stats. § 62.23(7)(h), state statutes and the village zoning code, they shall apply to all nonconforming uses. The existing legal use of the structure or building or its accessory use, which is not in conformity with the provisions of this article, may be continued subject to the following conditions:

(1)

No modifications or additions to a nonconforming use shall be permitted unless they are made in conformity with the provisions of this article. For the purposes of this subsection, the words "modification" and "addition" shall include, but not be limited to, any alteration, addition, modification, rebuilding or replacement of any such existing structure or accessory use. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling and the replacement of doors, windows and other nonstructural components.

(2)

If a nonconforming use is discontinued for 12 consecutive months, any future use of the land, structure or building shall conform to the appropriate provisions of this article.

(Prior Code, § 16.25VI; Ord. No. 10-03)

(a)

Facilities shall provide copies of all federal, state and local facility operation approvals or certificate and on-going environmental monitoring results to the village.

(b)

Facilities shall provide additional environmental or safety structures/monitoring as deemed necessary by the public works director, which may include, but not limited to, stormwater runoff management and monitoring.

(c)

Facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

(d)

Facilities shall have the responsibility to devise and file with the public works director a plan for the immediate notification of the village in the event of an emergency.

(e)

In the event an individual or facility causes the release of any contaminants which endangers the district, the village shall be notified immediately, the activity causing the release shall immediately cease and a cleanup satisfactory to the public works director shall occur.

(f)

The facility shall be responsible for all costs of cleanup, including village costs, and including consultant fees at invoice amount, and administrative costs for oversight, review and documentation.

(Prior Code, § 16.25VII; Ord. No. 10-03)

It is unlawful to construct or use any structure, land or water in violation of any of the provisions of this article. In case of violation, the village board may institute appropriate actions or proceedings to enjoin a violation of this article. Any person who fails to comply with the provisions of this article shall, upon conviction, pay a forfeiture of not less than $100.00 nor more than $500.00, plus the cost of the prosecution for each violation. If in default of payment, such penalties shall be added to the real estate property tax bill as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.

(Prior Code, § 16.25VIII; Ord. No. 10-03)