Markesan City Zoning Code
ARTICLE XVIII
Wellhead Protection
[Added by Ord. No. 206]
§ 400-80 Purpose; authority; applicability.
A.
Title. This article shall be known, cited and referred to as the "Wellhead Protection Article" (hereafter "WHP Article").
B.
Purpose and authority.
(1)
The residents of the City (hereafter "City") depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this article is to institute land use regulations and restrictions to protect the City municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the City.
(2)
These regulations are established pursuant to the authority granted to cities by the Wisconsin Legislature in § 62.23(7)(am) and (c), Wis. Stats., to adopt ordinances to protect groundwater.
C.
Applicability. The regulations specified in this article shall apply within the City limits.
§ 400-81 Definitions.
As used in this article, the following terms shall have the meanings indicated:
EXISTING FACILITIES
Current facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the City's wellhead protection area that lies within the corporate limits of the City. Existing facilities include, but are not limited to, the type listed in the Department of Natural Resources Form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form which is incorporated herein as if fully set forth.
GROUNDWATER PROTECTION OVERLAY DISTRICT
That area derived from the wellhead protection areas described within the City's wellhead protection plan. A copy of the City's wellhead protection plan can be obtained from the Clerk-Treasurer. A map of the overlay district is attached to this section.
RECHARGE AREA
The land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well.
TIME OF TRAVEL
The determined or estimated time required for a contaminant to move in the saturated zone from a specific point to a well.
WELL FIELD
A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.
§ 400-82 Groundwater Protection Overlay District.
A.
Intent. The area to be protected as a district is the area within the recharge area extending to a distance of a ten-year time-of-travel from each well and including a one-thousand-two-hundred-foot fixed radius around each well, as determined in the wellhead protection plan, normalized to geographic boundaries, and contained within the City boundary limits and shown on the attached map. These lands are subject to land use and development restrictions because of their close proximity to the well fields and the corresponding high threat of contamination.
B.
Permitted uses. Subject to the exemptions listed in Subsection E below, the following are the only permitted uses within the district. Uses not listed are to be considered nonpermitted uses.
(1)
Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.
(2)
Playgrounds.
(3)
Wildlife areas.
(4)
Nonmotorized trails, such as biking, skiing, nature and fitness trails.
(5)
Municipally sewered residential development, free of flammable and combustible liquid underground storage tanks.
(6)
Municipally sewered business development zoned C-1, C-2 or I, except for the following uses:
(a)
Aboveground and underground storage tanks.
(b)
Animal waste containment or disposal facilities.
(c)
Automotive service and repair garages, body shops.
(d)
Paint or coating manufacture.
(e)
Bulk fertilizer or pesticide facilities.
(f)
Asphalt products manufacture.
(g)
Junkyards, auto salvage yards or recycling facilities.
(h)
Dry cleaning.
(i)
Gas stations.
(j)
Holding ponds or lagoons or infiltration ponds.
(k)
Bulk salt storage.
(l)
Nurseries, lawn and garden supply stores.
(m)
Small engine repair services.
(n)
Wastewater treatment facilities.
(o)
Wells, private, production, injection or other.
(p)
Any other use determined by the Zoning Administrator to be similar in nature to the above listed items.
(7)
Agricultural uses in accordance with the County Soil Conservation Department's best management practices guidelines.
C.
Separation distances. The following separation distances, as specified in Wis. Adm. Code NR 811.12(5)(d), shall be maintained and shall not be exempted as listed in Subsection E below. The following separation distances shall apply for City Wells Nos. 2 and 3.
(1)
Fifty feet between a well and a storm sewer main.
(2)
Two hundred feet between a well and any sanitary sewer main, sanitary sewer manhole, lift station or a 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 place to meet current AWWA C600 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 a septic tank or soil absorption unit 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 from the Wisconsin Department of Safety and Professional Services.
[Amended 4-14-2015 by Ord. No. 233]
(5)
One thousand feet between a well and land application of municipal, commercial or industrial waste; the boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under Wis. Adm. Code Ch. NR 718 while that facility is in operation; industrial, commercial or municipal wastewater lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil absorption units receiving 8,000 gallons per day or more.
(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 any property with residual groundwater contamination that exceeds Wis. Adm. Code Ch. NR 140 enforcement standards that is shown on the Department of Natural Resources' geographic information system of registry of closed remediation sites; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the Department of Safety and Professional Services; bulk fuel storage facilities and pesticide or fertilizer handling or storage facilities.
[Amended 4-14-2015 by Ord. No. 233]
D.
Requirements for existing facilities.
(1)
Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificate and ongoing environmental monitoring results to the City.
(2)
Existing facilities shall provide additional environmental or safety structures/monitoring as deemed necessary by the City, which may include, but is not limited to, stormwater runoff management and monitoring.
(3)
Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
(4)
Existing facilities shall have the responsibility of devising and filing with the City a contingency plan satisfactory to the City which details how they intend to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at their facility, including the prompt notification of City officials in the event of an emergency.
(5)
Existing facilities cannot engage in or employ a use, activity or structure listed in prohibited uses in Subsection B above which they did not engage in or employ at the time of enactment of the district and can only expand or replace in kind or rebuild those present uses, activities, equipment or structures on the site or property or record associated with the facility at the time of enactment of the district, and in a manner that improve the environmental and safety technologies already being used. No existing use, activity or structure listed as prohibited use shall be expanded, replaced or rebuilt. This section does not apply to normal maintenance or minor repairs.
(6)
The owners of existing facilities shall comply with the requirements of this section to provide information, protections, monitoring or filing not less than six months after the effective date of this section.
E.
Exemptions and waivers.
(1)
Individuals and/or facilities may request the City, in writing, to permit additional land uses in the district.
(2)
All requests shall be in writing. Such requests may require an environmental assessment report prepared by a licensed environmental engineer. Said report shall be forwarded to the City and/or designee(s) for recommendation and final decision by the Common Council.
(3)
The individual/facility shall reimburse the City for all consultant fees associated with this review at the invoiced amount plus administrative costs.
(4)
Any exemptions granted shall be conditional and may include required environmental and safety monitoring consistent with local, state and federal requirements, and/or bonds and/or securities satisfactory to the City.
§ 400-83 Supremacy of district.
The regulation of an overlay district shall apply in addition to all other regulations that occupy the same geographic area. The provisions of any zoning districts that underlay the overlay district will apply except when provisions of the Groundwater Protection Overlay District are more stringent.
§ 400-84 Enforcement and penalty.
A.
In the event that an individual and/or facility causes the release of any contaminants which endanger the district, the individual and/or facility causing said release shall immediately stop the release and clean up the release to the satisfaction of the City.
B.
The individual/facility shall be responsible for all costs of cleanup, including all of the following:
(1)
City consultant fees at the invoice amount plus administrative costs for oversight, review and documentation.
(2)
The cost of City employees' time associated in any way with cleanup based on the hourly rate paid to the employee multiplied by a factor determined by the City representing the City's cost for expense, benefits, insurance, sick leave, holidays, overtime, vacation, and similar benefits.
(3)
The cost of City equipment employed.
(4)
The cost of mileage reimbursed to City employees attributed to the cleanup.
C.
Following any such discharge, the City may require additional test monitoring and/or bonds/securities.
D.
Violations. It shall be unlawful to construct or use any structure, land or water in violation of this section. The City may, in addition to any other remedy, seek injunction or restraining order against the party alleged to have violated the provisions herein, the cost of which shall be charged to the defendant in such action.[1]
[1]
Editor's Note: Original Subsection (e), Penalties, which immediately followed this subsection, was repealed 4-14-2015 by Ord. No. 233.
§ 400-85 Conflict and interpretation of provisions.
If the provisions of the different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions arising out of the subject matter of such chapter. In their interpretation and application, the provisions of this article shall be held to be the minimum and are not deemed a limitation or repeal of any other power granted by Wisconsin Statutes. Where any terms or requirements of this article may be inconsistent or conflicting, the most restrictive requirements or interpretations shall apply.