La Valley Township City Zoning Code
APO AQUIFER
PROTECTION OVERLAY DISTRICT
§ 154.215 INTENT.
The District is intended to preserve the quality and quantity of the area’s water resources so as to ensure a safe and adequate supply of drinking water for present and future generations. Restrictions shall apply to land use activities which have the potential to contaminate water resources, including aquifers in use and those having the potential for future use as a public water supply. The purpose of the district is to prohibit certain uses which pose the greatest threat to ground water contamination and to impose reasonable and adequate safeguards on other uses which exhibit a potential to contaminate the ground water. The Aquifer Protection Overlay District is an overlay whose boundaries are superimposed on all districts established by this chapter. It is not intended that this district interfere with, abrogate, or annul any other rules or regulations of this chapter, except that if the Aquifer Protection Overlay District imposes a greater restriction than the underlying zoning district regulations, the greater restriction shall apply.
(Ord. 0904-05, passed 5-20-2009)
§ 154.216 ESTABLISHMENT/DELINEATION/REGULATION OF AN AQUIFER PROTECTION OVERLAY DISTRICT.
The boundaries of the Aquifer Protection Overlay District are shown upon the map which has been made a part hereof by reference. The map shall be signed by the Chairperson of the Board of County Commissioners and filed with the county’s Register of Deeds. The map shall have the same force and effect as if it were all fully set forth herein. The shallow/surficial aquifer boundary was mapped using data from the state’s Geological Survey and the United States Geological Survey. The map only serves as a general guide to the locations and depths of the mapped aquifer units. Boundaries shown are general in nature and may be modified in the future as site/area specific information is obtained. Additional information shall be used whenever available to more precisely determine aquifer locations and depths. Actual site-specific aquifer boundaries and depths may differ from those shown on the map. The mapped boundaries are drawn at the discretion of geologists and hydrologists based on best available information. Site-specific hydrogeologic information may be necessary to verify the location of a proposed use in relation to an underlying shallow aquifer. Any applicant that is identified as being within the aquifer protection overlay zone, as denoted on the map, can provide drilling logs from soil borings on and/or near the site of the proposed use to conclusively prove that it is not located above a shallow/surficial aquifer area. The standards utilized by the state’s Department of Environment and Natural Resources for soil borings will be followed.
(Ord. 0904-05, passed 5-20-2009)
§ 154.217 ZONE A; AQUIFER IMPACT ZONES.
Zone A, the wellhead protection area, is the mapped zone of contribution around all public water supply wells or wellfields in shallow/surficial aquifers and includes land upgradient from the well or wellfield to the ten year time of travel boundary plus any delineated adjacent lands not underlain by the aquifer with sufficient slope that contaminated surface water could flow directly onto Zone A.
(Ord. 0904-05, passed 5-20-2009)
§ 154.218 ZONE A; PERMITTED USES.
All uses as outlined in the underlying zoning districts may be allowed, provided they can meet the performance standards as outlined for the Aquifer Protection Overlay District.
(Ord. 0904-05, passed 5-20-2009)
§ 154.219 ZONE A; CONDITIONAL USES.
All uses as outlined in the underlying zoning districts may be allowed, provided they can meet the performance standards as outlined for the Aquifer Protection Overlay District.
(Ord. 0904-05, passed 5-20-2009)
§ 154.220 ZONE A; PROHIBITED USES.
Prohibited uses include the following:
(A) Concentrated Animal Feeding Operation (CAFO) installed after adoption of the ordinance incorporated in this chapter;
(B) Manure storage areas except above ground tanks;
(C) Disposal of solid waste except spreading of manure;
(D) Outside unenclosed storage of road salt;
(E) Disposal of snow containing de-icing chemicals;
(F) Disposal of radioactive waste;
(G) Graveyards or animal burial sites;
(H) Detonation sites;
(I) Open burning except ditches, fields, and non-hazardous yard and household wastes such as paper, wood, and leaves;
(J) Public sewer systems and wastewater lagoons;
(K) Land spreading of petroleum contaminated soil;
(L) Land spreading or dumping of waste oil;
(M) Class V injection wells; and
(N) All other facilities involving the collection, handling, manufacture, use, storage, transfer, or disposal of any solid or liquid material or waste having a potentially harmful impact on ground water quality.
(Ord. 0904-05, passed 5-20-2009)
§ 154.221 ZONE B; AQUIFER SECONDARY IMPACT ZONES.
Zone B is the remainder of the mapped shallow/surficial aquifer in the county not included in Zone A. Zone B is being protected because:
(A) The aquifer is a valuable natural resource for future development;
(B) The aquifer provides drinking water supply for individual domestic users;
(C) Contamination is not justified just because this area is not currently used for public water supply; and
(D) Contaminants from this area could eventually enter Zone A.
(Ord. 0904-05, passed 5-20-2009)
§ 154.222 ZONE B; PERMITTED USES.
All uses as outlined in the underlying zoning districts may be allowed, provided they can meet the performance standards as outlined for the Aquifer Protection Overlay District.
(Ord. 0904-05, passed 5-20-2009)
§ 154.223 ZONE B; CONDITIONAL USES.
All uses as outlined in the underlying zoning districts, provided they can meet the performance standards as outlined for the Aquifer Protection Overlay District.
(Ord. 0904-05, passed 5-20-2009)
§ 154.224 ZONE B; PROHIBITED USES.
Prohibited uses for Zone B include the following:
(A) Land spreading of petroleum contaminated soil;
(B) Land spreading or dumping of waste oil; and
(C) Class V injection wells.
(Ord. 0904-05, passed 5-20-2009)
§ 154.225 ZONE B; PERFORMANCE STANDARDS.
The following standards shall apply to land uses in Zones A and B of the Aquifer Protection Overlay Districts.
(A) New or replacement septic tanks and associated drain fields for containment and disposal of human or animal wastes must conform with regulations established by the state’s Department of Environment and Natural Resources.
(B) Manure storage areas may be permitted in Zone B but must be constructed in conformance with good engineering practices as recommended by the Natural Resource Conservation Service and/or the state’s Department of Environment and Natural Resources for Waste Storage Ponds.
(C) Storage of petroleum products in quantities exceeding 100 gallons at one locality in one tank or series of tanks must be in elevated tanks; such tanks larger than 1,100 gallons must have a secondary containment system where it is deemed necessary by the Office of Planning and Zoning.
(D) Any commercial or industrial facility, not addressed by divisions (B) or (C) above, involving the collection, handling, manufacture, use, storage, transfer, or disposal of any solid or liquid material or waste, except for spreading of manure, in excess of 1,000 pounds and/or 100 gallons which has the potential to contaminate ground water must have a secondary containment system which is easily inspected and whose purpose is to intercept any leak or discharge from the primary containment vessel or structure. Underground tanks or buried pipes carrying such materials must have double walls and accessible sumps.
(E) When pastured animals are concentrated for winter feeding, engineered measures shall be employed to prevent run-off of manure.
(F) Discharge of industrial process water on site is prohibited without Office of Planning and Zoning approval.
(G) Auto service, repair, or painting facilities and junk or salvage yards shall meet all state and federal standards for storage, handling, and disposal of petroleum products and shall properly dispose of all other potentially hazardous waste materials.
(H) Any facility involving collection, handling, manufacture, use, storage, transfer, or disposal of hazardous materials must prepare and have on file in the Office of Planning and Zoning an acceptable engineered contingency plan for preventing hazardous materials from contaminating the shallow/surficial aquifer should floods, fire, other natural catastrophes, or equipment failure occur.
(1) For flood control, all underground facilities shall include a monitoring system and a secondary standpipe above the 100-year frequency flood level. For above ground facilities, an impervious dike, above the 100-year flood level and capable of containing 120% of the largest storage volume, will be provided with an overflow recovery catchment area (sump).
(2) For equipment failures, plans shall include, but not be limited to:
(a) Below ground level, provision for removal and replacement of leaking parts, a leak detection system with monitoring, and an overfill protection system; and
(b) Above ground level, provision for monitoring, replacement, repair, and clean up of primary containment systems.
(3) For other natural or human-caused disasters, the owner and/or operator shall report all incidents involving liquid or chemical material which may endanger health and/or safety of disaster personnel and/or general public.
(4) Agricultural operations are exempted from this division (H) unless chemicals stored which are on the Superfund Amendments and Re-authorization Act of 1986 (SARA Title III), being 42 U.S.C. §§ 9601 et seq., extremely hazardous substance list in quantities exceeding the threshold planning quantity at any one time.
(I) All abandoned wells should be plugged in conformance with the state’s Well Construction Standards, Chapter 74:02:04:67-70, to prevent contamination of ground water by surface water.
(J) Office of Planning and Zoning and the Department of Environment and Natural Resources shall be informed within 24 hours of all leaks and spills of materials that might potentially contaminate ground water.
(Ord. 0904-05, passed 5-20-2009)