Loudonville City Zoning Code
CHAPTER 1255
Wellhead Protection Regulations
1255.01 PURPOSE.
The purpose of this District is to maintain the long term integrity of the Loudonville Well Water Supply by properly managing the location, type and operation of existing and proposed land uses in the Village. The District is further intended to safeguard the public health, safety, and welfare of the customers of protected public water supplies by regulating the land use and the storage, handling, use and/or production of Regulated Substances. The area of the Wellhead Protection overlay is described on the official Zoning Map. The intent of this designation is to protect the community's potable water supply from contamination.
(Ord. 75-96. Passed 11-18-96.)
1255.02 APPLICABILITY TO UNDERLYING ZONING DISTRICTS.
The provisions of this section shall be applicable to all lands shown as being located within the boundaries of the Wellhead Protection Overlay District on the Zoning Map and shall be supplemental to the regulations of the underlying zoning district. When the requirements of this section are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply.
(Ord. 75-96. Passed 11-18-96.)
1255.03 DETERMINATION OF APPLICABILITY.
It shall be the responsibility of any person owning real property or owning or operating a business within the Village of Loudonville to make a determination of the applicability of this section as it pertains to the property or business or operation and failure to do so shall not excuse any violations
of this section. (Ord. 75-96. Passed 11-18-96.)
1255.04 PERMITTED USES, BULK AND YARD REGULATIONS.
The permitted uses, bulk and yard regulations within the Wellhead Protection Overlay District shall be those of the underlying zoning district, subject to the following additional restrictive regulations of this Overlay District.
(Ord. 75-96. Passed 11-18-96.)
1255.05 SPECIAL USES, PROHIBITED USES, AND NONCONFORMING USES.
The special uses within the Wellhead Protection Overlay District shall be those of the underlying zoning districts subject to more restrictive regulations of this Overlay District.
(a) Land disposal activities of all types, drywells and the filling in of land and junkyards, are prohibited.
(b) Commercial or other facilities for the washing of vehicles or equipment shall be prohibited.
(c) Wastewater treatment plant discharges within the overlay district are prohibited.
(d) Land application of human and animal waste products shall be prohibited.
(e) All underlaying piping shall be designed to withstand an internal pressure of 150 psi. (Ord. 75-96. Passed 11-18-96.)
1255.06 GROUNDWATER PROTECTION STANDARDS.
(a) The use, storage, handling and/or production of Regulated or Hazardous Substances shall be prohibited.
(1) The aggregate of Regulated or Hazardous Substances in use, storage, handling and/or production may not exceed 20 gallons or 160 pounds at any time for existing facilities.
(2) The total use, storage, handling and/or production of Regulated or Hazardous Substances in existing facilities may not exceed 50 gallons or 400 pounds in any twelve month period.
(b) Storage of fuel and lubricants for vehicle operations, heating or power generation, in conjunction with permitted and conditional uses in this district shall be in underground tanks placed above the floor surface of a below grade vault. Such tanks shall be of double-wall construction, and otherwise assembled and installed in accordance with applicable regulations. The vault shall allow access for physical inspection of the tank for leakage and the interior of vault shall be continuously monitored and alarmed to provide for automatic and immediate detection of any release from the tank.
(c) Notwithstanding other provisions of this section, nonconforming uses in this district presently utilizing underground storage tanks shall be required to replace existing tanks with those constructed as per the specifications above, and not exceeding the capacity of existing tanks, at the time of existing tank replacement or upgrade.
(d) No substitutions of a nonconforming use shall be permitted which results in an increase of the Hazardous Potential Ranking System on a parcel within this district. If the Hazard Potential Ranking decreases for a nonconforming use for a period of twelve months or more, the nonconforming right to the higher Hazardous Potential Ranking shall be deemed to have been lost through non-use for that period of time. (Ord. 75-96. Passed 11-18-96.)
1255.07 HAZARD POTENTIAL RANKING SYSTEM FOR NONCONFORMING USES.
(a) Any existing uses legally storing, handling, using and/or producing Regulated or Hazardous Substances in amounts equal to or less than the requirements discussed above are considered conforming uses and this section does not apply. Any new use or change of uses shall maintain the conforming status of the property.
(b) Existing nonconforming uses shall be permitted to maintain the reported maximum quantity for each reportable Regulated or Hazardous Substance, as determined by peak business cycle. Existing uses and maximum quantities, in combination with a hazard potential rating shall run with the land and be administered in conformance with all other applicable nonconforming provisions of the Village of Loudonville Zoning Code. (Ord. 75-96. Passed 11-18-96.)
1255.08 REGULATED MATERIALS ACTIVITY INVENTORY.
(a) Except as provided above, any owner or occupant of any land located in the Loudonville Wellhead Protection overlay District at the effective date of the enactment of this chapter, or upon the determination and establishment of the area comprising such District, whichever date is later, shall file a Regulated Substance Activity Inventory Report with the Codes Enforcement Officer of the Village. Said report shall be filed within one hundred eighty (180) days of the effective date of this chapter or the establishment of the area and location of the Wellhead Protection District, whichever date is later. Said report shall thereafter be filed annually on or before April 1 of each year.
(b) Except as provided above, any new owner or occupant of any land located with the Loudonville Wellhead Protection Overlay District shall file a Regulated Substance Activity Report prior to receipt of a Certificate of Occupancy and annually due on April 1 following the date of occupancy. For purposes of this section, new shall be defined as subsequent to the effective date of this Section and/or the establishment of the area and location of the Wellhead Protection District, whichever is later.
(c) Where a person owns, operates, or occupies more than one location, Regulated Substances Activity Reports shall be made for each location.
(d) Agricultural uses shall file a Regulated Substance Activity Report within one hundred eighty (180) days after effective date of this Section and/or the establishment of the area and location of the Wellhead Protection District, whichever is later, and annually thereafter on or before April 1. Regulated Substance Activity Reports for agricultural uses shall include total annual on-site application of regulated substances for the reporting property.
(Ord. 75-96. Passed 11-18-96.)
1255.09 REGULATED OR HAZARDOUS MATERIALS.
The materials, chemicals or substances regulated by this chapter, are listed and published under the authority of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), Title III of the Superfund Amendments and Reauthorization Act (SARA), and the Emergency Planning and Community Right to Know Act of 1986, which list(s) as are currently in effect and may be revised, are hereby adopted by reference.
(Ord. 75-96. Passed 11-18-96.)