The purpose of the wellhead protection overlay district is to provide supplemental developmental regulations in the designated wellhead protection zone so as to protect and preserve the surface and groundwater resources of the Charter Township of Lyon and the region from any use of land or buildings that may reduce the quality and/or quantity of water resources. This wellhead protection overlay district has been created in accordance with the Lyon Township Wellhead Protection Plan drafted by AMEC Environment & Infrastructure, Inc. and Giffels-Webster Engineers (2011).

(Ord. No. 05-12, pt. 2, 8-6-2012)

As used in this article, the following words and terms shall have the meaning specified, unless the context clearly indicates otherwise:

Aquifer. A geologic formation composed of rock or sand and gravel that contain significant amounts of potentially recoverable potable water.

Discharge. Discharge includes, but is not limited to, any spilling, leaking, seeping, pouring, misapplying, emitting, emptying or dumping of any pollutants prohibited by law or regulation, which affects surface water and/or groundwater.

Impervious surface. Materials or structures on or above the ground that do not allow precipitation to infiltrate the underlying soil.

Overlay district. That area of the township in which special requirements and restrictions are applied to land uses and activities to eliminate or minimize contamination of the aquifers supplying the township's municipal water wells.

Regulated substances shall include:

1.

Substances for which there is a material safety data sheet (MSDS), as established by the United States Occupational Safety and Health Administration, and the MSDS cites possible health hazards for said substance;

2.

Hazardous waste, as defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended;

3.

Hazardous substance, as defined by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) when the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with the U.S. EPA regulations;

4.

Radiological materials; and

5.

Biohazards.

Wellhead protection area. The surface and subsurface area surrounding a public water supply well or well field through which contaminants, if discharged, are reasonably likely to move toward and reach the well or the well field. This area is also known as the zone of contribution (ZOC) which contributes groundwater to the well or well field.

(Ord. No. 05-12, pt. 2, 8-6-2012)

The wellhead protection overlay district is a mapped zoning district that imposes a set of requirements in addition to those of the underlying zoning district. In an area where an overlay district is established, the property is placed simultaneously in the two districts, and the property may be developed only under the applicable conditions and requirements of both districts. In the event there is a conflict between the requirements of the two districts, the requirements of the wellhead protection overlay district shall prevail.

(Ord. No. 05-12, pt. 2, 8-6-2012)

The wellhead protection overlay district boundaries shall be established on the official township zoning map. The overlay district boundaries may be amended according to the Zoning Ordinance procedures in article 9.00.

(Ord. No. 05-12, pt. 2, 8-6-2012)

A.

The wellhead protection overlay district is hereby established to include all lands within the Charter Township of Lyon, lying within the wellhead protection areas, including recharge areas of groundwater aquifers and watershed areas that lie within the wellhead protection area which now or may in the future provide public water supply. If the wellhead protection area includes a portion of the parcel, the entire parcel shall be considered to be within the wellhead protection area.

B.

Where the boundaries delineated are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show whether the property should be located in the district. At the request of the owner(s), the township may engage the services of a qualified professional to determine more accurately the location and extent of an aquifer within the wellhead protection area. The township shall charge the owner(s) for all or a part of the investigation. The owner shall place the funds necessary into an escrow account at the township to cover the necessary fees of the qualified professional.

(Ord. No. 05-12, pt. 2, 8-6-2012)

A.

New or expanded uses and structures. All proposed new or expanded structures or uses within in the wellhead protection overlay district, except single-family uses, shall be subject to site plan review, pursuant to article 5.00.

B.

Existing uses and structures. All land uses and activities existing prior to approval the wellhead protection overlay district must conform to the site plan review standards in this article within 365 days after adoption of the wellhead protection overlay ordinance.

(Ord. No. 05-12, pt. 2, 8-6-2012)

The following data are required for site plan review in the wellhead protection overlay district, in addition to the information required by article 5.00, section 5.05 of the Zoning Ordinance:

A.

List of regulated substances. A complete list of chemicals, pesticides, fuels and other regulated substances to be used or stored on the premises. Businesses that use or store such regulated substances shall file a management plan with the fire chief. The management plan shall include the following, at minimum:

1.

Provisions to protect against the discharge of regulated substances or wastes to the environment due to spillage, accidental damage, corrosion, leakage or vandalism, including spill containment and clean-up procedures.

2.

Provisions for indoor, secured storage of regulated substances and wastes with impervious floor surfaces.

3.

Evidence of compliance with the rules and regulations of the Michigan Department of Environment, Great Lakes, and Energy.

4.

Drainage recharge features and provisions to prevent loss of recharge.

5.

Provisions to control soil erosion and sedimentation, soil compaction, and to prevent seepage from sewer pipes.

B.

Service facilities and structures. Location of existing and proposed service facilities and structures, above and below ground, including:

1.

General location of the site within the wellhead protection overlay district.

2.

Areas to be used for the storage, loading/unloading, recycling, or disposal of regulated 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.

C.

Water resources. Location of existing wetlands and watercourses, including ponds and streams on or within a quarter mile of the site.

D.

Soils. Soil characteristics of the site, at least to the detail provided by the natural resources conservation service.

E.

Topography. Existing topography of the site, with a maximum contour interval of two feet.

F.

Existing contamination. Delineation of areas on the site that are known or suspected to be contaminated, together with a report on the status of site clean-up.

G.

EGLE checklist. Completion of a Michigan Department of Environment, Great Lakes, and Energy (EGLE) checklist, indicating the types of environmental permits and approvals that may be needed for the project.

(Ord. No. 05-12, pt. 2, 8-6-2012; Ord. No. 12-20, § 10, 1-4-2021)

The following uses shall be permitted in the wellhead protection overlay district, provided they comply with all applicable restrictions and standards specified in this article:

A.

Single-family residential uses.

B.

Residential accessory uses, including garages, driveways, private roads, utility rights-of-way, and on-site wastewater disposal systems (i.e., septic systems).

C.

Agricultural uses such as farming, grazing and horticulture.

D.

Forestry and nursery uses.

E.

Outdoor recreation uses, including fishing, boating and play areas.

F.

Conservation of water, plants and wildlife, including wildlife management areas.

(Ord. No. 05-12, pt. 2, 8-6-2012)

The following uses may be permitted subject to conditions specified for each use, review and recommendation by the planning commission and approval by the township board, and subject further to any special conditions that are necessary to fulfill the purposes of this Ordinance, and the provisions set forth in article 6.00:

A.

Commercial, industrial, governmental or education uses which are allowed in the underlying district, and which are not prohibited in section 42.11.

B.

Any enlargement, intensification, alteration, or change of use or user of an existing commercial, industrial, governmental or education use.

C.

The rendering impervious of more than 15 percent or 2,500 square feet of any parcel, whichever is less, provided that a system for artificial recharge of precipitation to groundwater is developed, which shall not result in degradation of the groundwater.

D.

The mining or excavation for removal of earth, loam, sand, gravel and other soils or mineral resources, provided that such excavation shall not extend closer than five feet above the historical high groundwater table (as determined from on-site monitoring wells and historical water fluctuation data compiled by the United States Geological Survey). One or more monitoring wells shall be installed by the property owner to verify groundwater elevations. This subsection shall not apply to excavations incidental to permitted uses, including but not limited to, installation or maintenance of structural foundations, freshwater ponds, utility conduits or on-site sewage disposal.

1.

Upon completion of earth removal operations, all altered areas shall be restored with topsoil and vegetative plantings suitable to control erosion on the site.

2.

All fine materials, such as clays and silts, removed as part of the earth removal operation and leftover as by-products, shall be disposed of off-site to prevent damage to aquifer recharge characteristics.

E.

The storage of sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for removal of ice and snow on roads, provided such chemicals are covered and located on a paved surface with berms, or within a structure designed to prevent the generation and escape of contaminated runoff.

F.

Fertilizers, pesticides, herbicides, lawn care chemicals, or other leachable materials provide that such materials are stored in accordance with the manufacturer's label instructions approved by the United States Environmental Protection Agency or the Michigan Department of Agriculture and that they are used in routine agricultural operations and applied under the "Generally Accepted Agricultural Management Practices" and all other necessary precautions are taken to minimize adverse impact on surface and groundwater.

G.

The storage of commercial fertilizers and soil conditioners provided such storage shall be within structures designed to prevent the generation and escape of contaminated runoff or leachate.

H.

All liquid regulated substances, provided such materials must be stored either in a freestanding container within a building, or in a freestanding container above ground level with protection to contain a spill the size of the container's total storage capacity.

(Ord. No. 05-12, pt. 2, 8-6-2012; Ord. No. 06-24, § 4, 11-6-2024)

In addition to section 42.09, Conditional uses, shall comply with the following:

A.

The township board may grant conditional use approval only upon finding that the proposed use meets to the following standards:

1.

In no way, during construction or thereafter, shall a project adversely affect the quality or quantity of water that is available in the wellhead protection overlay district.

2.

The project shall be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation and water-related natural characteristics of the site to be developed.

B.

The township board shall not approve a conditional use under this section unless the petitioner's application materials include, in the board's opinion, sufficiently detailed, definite and credible information to support positive findings in relation to the standards of this section.

(Ord. No. 05-12, pt. 2, 8-6-2012)

The following uses are prohibited in the wellhead protection overlay district:

A.

Business and industrial uses that generate, use, treat, process, store, or dispose of regulated substances, including but not limited to, metal plating, chemical manufacturing, wood preserving, and dry cleaning factory, except for the following:

1.

Generators of a very small quantity of regulated substances (less than 20 kilograms or six gallons per month), subject to special land use review.

2.

Municipally-operated or sanctioned household waste collection stations.

3.

Waste oil retention facilities.

4.

Treatment works designed for the treatment of contaminated ground or surface waters, provided the facilities have been approved by the Michigan Department of Environmental Quality.

B.

Business and industrial uses that dispose of process wastewater on-site.

C.

Solid waste landfills, dumps, landfilling, spreading or storage of sludge or septage, with the exception of disposal of brush or stumps.

D.

Storage of liquid petroleum products of any kind, except for the following:

1.

Storage that is incidental to:

a.

Normal household use and outdoor maintenance or the heating of a structure.

b.

Use of emergency generators.

c.

Treatment works designed for the treatment of contaminated ground or surface waters, provided the facilities has been approved by the Michigan Department of Environmental Quality.

2.

Replacement of storage tanks and systems for the keeping, dispensing or storing of gasoline, which existed at the time of adoption of this article, provided that:

a.

All such replacement storage tanks or systems shall be located underground as required by the Michigan Department of Environmental Quality.

b.

All such storage systems shall be protected by a secondary containment system as specified by the Michigan Department of Environmental Quality.

c.

The fire chief may deny an application for tank replacement, or approve it subject to conditions if he/she determines that it would constitute a danger to public or private water supplies.

E.

Outdoor storage of salt, de-icing materials, pesticides or herbicides.

F.

Dumping or disposal on the ground, in waterbodies, or in residential septic systems of any toxic chemical, including but not limited to, septic systems cleaners which contain toxic chemicals such as methylene chloride and 1-1-1 trichlorethane, or other household regulated substances.

G.

Stockpiling and disposal of snow or ice removed from highways and streets located outside of the wellhead protection overlay district that contains sodium chloride, calcium chloride, chemically treated abrasives, or other chemicals used for snow and ice removal.

H.

Sewage disposal systems that are designed to receive more than 110 gallons of sewage per quarter acre per day or 440 gallons of sewage per acre per day, whichever is greater, provided that:

1.

The replacement or repair of an existing system shall be exempted if it does not result in an increase in design capacity above the original design.

2.

In calculating the maximum sewage disposal system density, it shall be assumed that each single-family-residential home will generate 280 gallons of sewage per day.

3.

The maximum sewage disposal system density may computed using the following method:

a.

On an individual per lot basis (i.e., a single-family home typically generates 280 gallons of sewage per day, creating the need for a minimum lot area of three-fourths acre.

In addition to meeting the above standards, all lots shall conform to any applicable minimum lot size requirements specified in article 26.00 of the Zoning Ordinance.

I.

Wastewater treatment works, except the following:

1.

The replacement or repair of an existing system that will not result in a design capacity greater than the design capacity of the existing system.

2.

The replacement of an existing subsurface sewage disposal system with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system.

3.

Treatment works designed for the treatment of contaminated ground or surface waters.

(Ord. No. 05-12, pt. 2, 8-6-2012)

The following requirements shall apply to all uses in the wellhead protection overlay district:

A.

Drainage. For commercial and industrial uses, runoff from impervious surfaces shall not be discharged directly to drains, streams, ponds, or other surface waterbodies. Oil, grease and sediment traps shall be used to facilitate removal of contamination. Forebays/sediment basins and other requirements shall be adhered to per the township engineering design standards.

B.

Discharge of regulated substances. The property owner shall prevent the discharge of regulated substances.

1.

Upon discovery of a discharge within the wellhead protection area, the owner of the property on which a discharge occurred, as well as the person responsible for the discharge if they are not the same, shall take appropriate reasonable actions to mitigate the potential impact of the discharge on the groundwater and remediate the discharge. Remediation shall be conducted in a timely manner and in accordance with applicable law. Wastes generated during remediation of a regulated substance discharge must be handled in accordance with all applicable legal requirements. Storage of these materials for a period of greater than 90 days must be reported to, and approval obtained from, the township supervisor or his/her designee.

2.

All discharges shall be documented in writing and mailed to the township supervisor or his/her designee within ten business days of said incident. Initial discharge notification shall include, at a minimum, the following:

a.

Location of the discharge (name, address and phone);

b.

Reporting party's name, address and phone (if different from above);

c.

Emergency contact and phone;

d.

Description of the nature of the incident, including date, time, location, and cause of the incident; type, concentration, and volume of substance(s) discharged;

e.

Map showing exact discharge location, and relevant site features (i.e., paved area, storm sewer catch basins/inlets, water features, etc.), scale, and north arrow;

f.

All measures taken to clean up the discharge; and

g.

All measures proposed to be taken to reduce and prevent any future discharge.

3.

The township supervisor or his/her designee shall determine if and where any additional investigative work needs to be completed to assess the potential impact of the discharge. The owner or operator shall retain a copy of the written notice for at least three years.

(Ord. No. 05-12, pt. 2, 8-6-2012)

A.

Whenever the township supervisor or his/her designee determines that a person has violated a provision of this Ordinance, the township supervisor or his/her designee may order compliance by issuing a written notice of violation to the responsible person/facility.

B.

If the township supervisor or his/her designee requires abatement of a violation and/or restoration of affected property, the notice shall set forth a deadline by which such action must be completed. Said notice may further advise that, should the violator fail to remediate or restore within the established deadline, the work will be performed by the township, with the resulting expense thereof charged to the violator and the expenses may be assessed onto the property if the property owner is also the violator.

(Ord. No. 05-12, pt. 2, 8-6-2012)

A.

If an owner of property within a wellhead protection area believes the requirements of this Ordinance impose an unreasonable burden on the use of the owners property, the owner may seek a variance from the Charter Township of Lyon Zoning Board of Appeals ("ZBA") in any appeal to the ZBA, the township consulting engineer shall assist the ZBA for purposes of a variance request or of appeal rights. Such a request must be in writing with enough detail to allow the township consulting engineer to assist the ZBA for purposes of a variance request or of appeal rights, to understand the situation and proposed variance. If the township consulting engineer determines that additional information is needed, the request for additional information shall be made within 15 days of the owner's request. Within 30 days of the receipt of such additional information, or, if no such request is made, within 30 days of the owner's request a hearing in front of the ZBA. The ZBA shall grant, deny, or partially grant the request in writing. A grant, partial or complete, may relieve the property owner from strict compliance of this Ordinance. Reasonable conditions may be imposed by the ZBA as part of such a grant. The ZBA shall be guided by the primary goal of protecting the township's wellhead protection area without creating undue hardship upon the property owners affected.

B.

Any person receiving a notice of violation may appeal the determination by submitting a written notice of appeal to the Charter Township of Lyon Zoning Board of Appeals. The notice of appeal must be received by the zoning board of appeals within 30 days from the date of the notice of violation, with enough detail to allow the township's consulting engineer, as a staff representative to the ZBA to understand the situation. Within 30 days of the receipt of such an appeal, the township consulting engineer shall issue a written response to the appeal to the applicant and to the ZBA, unless the township consulting engineer has requested additional information, in which case the township consulting engineer's response shall be issued within 30 days of receipt of the information. The zoning board of appeals shall affirm, reverse or modify the notice of violation being appealed in writing.

C.

If the person who has made a variance request or an appeal of a notice of violation does not agree with the decision of the ZBA, said person may appeal the matter by filing an action in the Oakland County Circuit Court, which may affirm, reverse or modify the decision being appealed. Such an appeal must be filed within 30 days of the written decision of the ZBA or within the time period required by Michigan General Court Rules, whichever has the shortest appeal period.

(Ord. No. 05-12, pt. 2, 8-6-2012)

A.

The township is authorized to take or contract with others to take reasonable and necessary abatement or remedial activities whenever the township determines a violation of this Ordinance has occurred and that the responsible party cannot or will not timely correct the violation, or when no known responsible party exists. The responsible party shall reimburse the township for all expenses thus incurred by the township.

B.

If the township desires the responsible party to reimburse it for the abatement activity expenses, the township, shall within 90 days of the completion of such activities mail to that person a notice of claim outlining the expenses incurred, including reasonable administrative costs, and the amounts thereof. The person billed shall pay said sum in full within 30 days of receipt of the claim. If the person billed desires to object to all or some of the amount sought by the township, said person may file, within the same 30-day period, a written objection so stating. The township shall, within 30 days of its receipt of the objection, provide an opportunity for the objecting party to present facts or arguments supporting said objection. If the township determines that some or the entire amount originally billed is appropriate, the person shall pay said sum within 30 days of receipt of that determination. If the amount due is not timely paid, the township may cause the charges to become a special assessment against the property and shall constitute a lien on the property. In the alternative, the township may attempt collection of the sum due by filing a civil lawsuit.

(Ord. No. 05-12, pt. 2, 8-6-2012)

If a person has violated or continues to violate the provisions of this Ordinance, the township may petition the appropriate court for injunctive relief restraining the person from activities abatement or remediation.

(Ord. No. 05-12, pt. 2, 8-6-2012)

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil infraction to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the township.

(Ord. No. 05-12, pt. 2, 8-6-2012)

Any violation of this Ordinance shall be considered a misdemeanor, punishable by a fine of not more than $500.00, or imprisonment of not more than 90 days. Each day a violation exists shall be deemed a separate violation. A citation charging such a misdemeanor may be issued by the township supervisor, his or her designee, the township's ordinance enforcement officer or the sheriff's department.

(Ord. No. 05-12, pt. 2, 8-6-2012)

The remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the township to seek cumulative remedies.

(Ord. No. 05-12, pt. 2, 8-6-2012)