Nekoosa City Zoning Code
§ 17.38
Wellhead Protection Area Overlay District.
[Added 12-10-2024 by Ord. No. 629]
(1)
Purpose. The residents of the City of Nekoosa 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 section is to establish a Wellhead Protection Area Overlay District to institute land use regulations and restrictions within a defined area which contributes water directly to the municipal water supply providing protection for the aquifer and municipal water supply of the City of Nekoosa and promoting the public health, safety and general welfare of City residents.
(2)
Authority. Statutory authority of the City to enact these regulations was established by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection, in § 59.97(1) (which has since been renumbered as § 59.69(1)) and § 62.23(7)(c), Wis. Stats., to the statutory authorization for county and municipal planning and zoning to protect the public health, safety and welfare. In addition, under § 61.35, Wis. Stats., the City has the authority to enact this section, effective in the incorporated areas of the City, to encourage the protection of groundwater resources.
(3)
Application. The regulations specified in this Wellhead Protection Ordinance shall apply within the area surrounding each municipal water supply well that has been designated as a "wellhead protection area" by the City in the most recent and up-to-date wellhead protection plan, and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this section and the Zoning Ordinance, the more restrictive provision shall apply.
(4)
Wellhead Protection Area Overlay District. The location and boundaries of the zoning districts established by this section are set forth in the City of Nekoosa's most recent and up-to-date wellhead protection plan on the map titled "Wellhead Protection Area" (on file in the City of Nekoosa office) incorporated herein and hereby made a part of this section. Said figures, together with everything shown thereon and all amendments thereto, shall be as much a part of this section as though fully set forth and described herein this section, and thus promotes public health, safety, and welfare. The Wellhead Protection Area Overlay District is intended to protect the groundwater recharge area for the water supply from contamination.
Note: Wellhead protection areas are derived from hydrologic studies and are based on the area surrounding a well where groundwater takes five-years or less to travel from the land surface to the pumping well.
(5)
Zone A Wellhead Protection Overlay District. Zone A is the area of land which contributes water to the well in question, out to a one-year time of travel to the well. Time of travel delineations are based on accepted hydrogeological research as outlined in the City of Nekoosa Wellhead Protection Plan, with zone boundaries normalized to the nearest public land survey system boundaries.
(a)
Permitted uses: The following uses are permitted in Zone A subject to the separation distances in Subsection (7):
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.
Non-motorized trails, such as bike, skiing, nature and fitness trails.
5.
Residential, commercial and industrial establishments that are municipally sewered and whose use, Aggregate of Hazardous Chemicals in use, storage, handling and/or production may not exceed 20 gallons or 160 pounds at any time.
6.
Routine tillage, planting, and field management operations in support of agricultural crop production, where nutrients from legume, manure, and commercial sources are accounted for and credited toward crop nutrient need. The combination of all nutrient sources applied or available on individual fields may not exceed University of Wisconsin soil test recommendations for that field.
(b)
Conditional uses. The following uses may be conditionally permitted in Zone A in accordance with § 17.26 and subject to the separation distances in Subsection (7):
1.
Petroleum, hydrocarbon or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370.)
2.
Motor vehicle services, including filling and service stations, repair, renovation, and body work.
3.
All mining including sand and gravel pits.
4.
Residential, commercial and industrial establishments that are municipally sewered and whose use, Aggregate of Hazardous Chemicals in use, storage, handling and/or production exceeds 20 gallons or 160 pounds at any time.
(c)
Prohibited uses.
1.
Cemeteries.
2.
Chemical manufacturers (Standard Industrial Classification Major Group 28).
3.
Coal storage.
4.
Dry cleaners.
5.
Industrial lagoons and pits.
6.
Landfills and any other solid waste facility, except post-consumer recycling.
7.
Manure and animal waste storage except those facilities regulated by the county.
8.
Pesticide and fertilizer dealer, transfer or storage facilities.
9.
Railroad yards and maintenance stations.
10.
Rendering plants and slaughterhouses.
11.
Bulk storage of salt or deicing material.
12.
Salvage or junk yards.
13.
Septage or sludge spreading, storage or treatment.
14.
Septage, wastewater, or sewage lagoons.
15.
Private on-site wastewater treatment systems or holding tanks receiving 12,000 gallons per day or more.
16.
Stockyards and feed lots.
17.
Stormwater infiltration basins without pre-treatment, including vegetative filtration and/or temporary detention.
18.
Wood preserving operations.
19.
Any other use determined by the City Council to be similar in nature to the above-listed uses.
(6)
Zone B Wellhead Protection Overlay District. Zone B is the area of land which contributes water to the well in question, from the boundary of the one-year time of travel out to the five-year time of travel. Time of travel delineations are based on accepted hydrogeological research as outlined in the City of Nekoosa Wellhead Protection Plan, with zone boundaries normalized to the nearest public land survey system boundaries.
(a)
Permitted uses. The following uses are permitted in Zone 2 subject to the separation distances in Subsection (7):
1.
All uses listed as permitted uses in Zone A.
(b)
Conditional uses. The following uses may be conditionally permitted in Zone A in accordance with § 17.26 and subject to the separation distances in Subsection (7):
1.
Petroleum, hydrocarbon, or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370.)
2.
Motor vehicle services, including filling and service stations, repair, renovation and body work.
3.
Private on-site wastewater treatment systems or holding tanks receiving 12,000 gallons per day or more.
4.
Bulk storage of salt or deicing material.
5.
Residential, commercial and industrial establishments that are municipally sewered and whose use, Aggregate of Hazardous Chemicals in use, storage, handling and/or production exceeds 20 gallons or 160 pounds at any time.
(c)
Prohibited uses.
1.
Chemical manufacturers (Standard Industrial Classification Major Group 28).
2.
Coal storage.
3.
Industrial lagoons and pits.
4.
Landfills and any other solid waste facility, except post-consumer recycling.
5.
Manure and animal waste storage except animal waste storage facilities regulated by the county.
6.
Railroad yards and maintenance stations.
7.
Rendering plants and slaughterhouses.
8.
Salvage or junk yards.
9.
Septage, wastewater, or sewage lagoons.
10.
Wood preserving operations.
11.
Any other use determined by the City Council to be similar in nature to the above-listed uses.
(7)
Separation distances. The following separation distances as specified in § NR 811.12(5), Wis. Adm. Code, shall be maintained within the Wellhead Protection Area Overlay District.
(a)
Ten feet between a well and an emergency or standby power system that is operated by the same facility which operates the well and that has a double wall aboveground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of s. ATCP 93.260 and receive written approval from the Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110.
(b)
Fifty feet between a well and a storm sewer main or a sanitary sewer main where the sanitary sewer main is constructed of water main class materials and joints. Gravity sanitary sewers shall be successfully air pressure tested in place. The air pressure test shall meet or exceed the requirements of the 4 psi low pressure air test for plastic gravity sewer lines found in the latest edition of Standard Specifications for Sewer and Water Construction in Wisconsin. Force mains shall be successfully pressure tested with water to meet the AWWA C600 pressure and leakage testing requirements for one hour at 125% of the pump shut-off head.
(c)
200 feet between a well field and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one- or two-family residential heating fuel oil underground storage tank or aboveground storage tank or private onsite wastewater treatment system (POWTS) treatment tank or holding tank component and associated piping.
(d)
300 feet between a well field and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it. These installations shall meet the most restrictive installation requirements of § ATCP 93.260 and receive written approval from the Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
(e)
300 feet between a well field and any farm aboveground storage tank with double wall, or single wall tank with other secondary containment and under a canopy; other aboveground storage tank system with double wall, or single wall tank with secondary containment and under a canopy and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the most restrictive installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Department of Commerce or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
(f)
400 feet between a well field and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, a cemetery or a stormwater retention or detention pond.
(g)
600 feet between a well field and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it; any farm aboveground storage tank with double wall, or single wall tank with other secondary containment and under a canopy or other above ground storage tank system with double wall, or single wall tank with secondary containment and under a canopy; and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the standard double wall tank or single wall tank secondary containment installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
(h)
1,000 feet between a well field and land application of municipal, commercial, or industrial waste; the boundaries of a land spreading facility for spreading of petroleum-contaminated soil regulated under state administrative regulations while that facility is in operation; agricultural, industrial, commercial or municipal wastewater treatment plant treatment units, lagoons, or storage structures; manure stacks or storage structures; or POWTS dispersal component with a design capacity of 12,000 gallons per day or more.
(i)
1,200 feet between a well field 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 Ch. NR 140 enforcement standards; coal storage area; salt or deicing material storage area; any single wall farm underground storage tank or single wall farm aboveground storage tank or other single wall underground storage tank or aboveground storage tank that has or has not received written approval from the Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code, for a single wall tank installation. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances; and bulk pesticide or fertilizer handling or storage facilities.
(8)
Conditional use permits. Individuals and/or facilities may request the City, in writing, to permit additional land uses in the Groundwater Protection Overlay District under § 17.26 of this chapter.
(a)
Standards for conditional use. The City Council shall apply the following factors:
1.
The City's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.
2.
The degree to which the proposed land use practice, activity or facility may threaten or degrade groundwater quality in the City or the recharge area for the City municipal wells.
3.
The economic hardship which may be faced by the landowner if the application is denied.
4.
The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.
5.
The proximity of the applicant's property to other potential sources of contamination.
6.
The then-existing condition of the City's groundwater public water well(s) and well fields, and the vulnerability to further contamination.
7.
The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.
8.
Any other hydrogeological data or information which is available from any public or private agency or organization.
9.
The potential benefit, both economic and social, from the approval of the applicant's request for a permit.
(b)
Types of conditions which the City Council may require. The City Council may stipulate conditions and restrictions including but not limited to the following:
1.
A requirement for periodic environmental and safety sampling, testing, and reporting to establish the continued protection of the public water supply. The City may require an application to install one or more groundwater monitoring well(s), at the expense of the applicant.
2.
The establishment of safety structures to prevent groundwater contamination.
3.
The establishment of an operational safety plan to define processes and procedures for material containment, operations monitoring, best management practices, and stormwater runoff management to prevent groundwater contamination.
4.
Written policies and procedures for reporting and cleaning up any spill of a hazardous material.
5.
The provision of copies of all federal, state and local facility operation approval or certificates, and on-going environmental monitoring results to the City.
6.
A written agreement pursuant to which the applicant agrees to be held financially responsible for all environmental cleanup costs in the event of groundwater contamination.
7.
Bonds and/or securities satisfactory to the City for future monitoring and cleanup costs if groundwater contamination occurs in the future.
8.
The foregoing conditions are listed for illustration purposes and are not exclusive.