New Auburn Village City Zoning Code
ARTICLE XIV
WP Wellhead Protection Overlay District
§ 350-146 Primary purpose and characteristics.
The users of the public water supply system located in the Village of New Auburn depend exclusively on ground water for safe drinking water. Certain land use practices and activities can seriously threaten or degrade ground water quality. The purpose of the Wellhead Protection Overlay District is to institute land use regulations and restrictions to protect the Village of New Auburn municipal water supply and wells, and to promote the public health, safety and general welfare of the residents of the Village of New Auburn.
§ 350-147 Authority.
These regulations were established pursuant to the authority granted by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added ground water protection to the statutory authorization for municipal planning and zoning in order to protect the public health, safety and welfare.
§ 350-148 Applicability.
A.
The regulations specified in the Wellhead Protection Overlay District shall apply within the Village of New Auburn limits.
B.
The regulations of this overlay district will apply in addition to all other regulations which occupy the same geographic area. The provisions of any zoning districts that underlay this overlay district will apply except when provisions of the Wellhead Protection Overlay District are more stringent.
C.
No new use or change in use of any structure, land or water shall be located, extended, converted or structurally altered, and no development shall commence without full compliance with the terms of this article and other applicable regulations.
§ 350-149 Permitted uses.
Permitted uses within the Wellhead Protection Overlay District area subject to the separation distance requirements set forth in § 350-150, Separation distance requirements, the prohibition of uses, activities or structures designated in § 350-151, Prohibited uses and include:
A.
Public and private parks and beaches, provided there are no on-site wastewater disposal systems or holding tanks.
B.
Playgrounds.
C.
Wildlife areas and natural areas.
D.
Trails such as biking, hiking, skiing, nature, equestrian and fitness trails.
E.
Residential which is municipally sewered.
F.
Agricultural activities which are conducted in accordance with USDA-SCS Wisconsin Field Office Technical Guide Specification 590 nutrient management standards.
G.
Commercial establishments which are municipally sewered.
§ 350-150 Separation distance requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The following separation distances as specified in § NR 811.12, Wis. Adm. Code, shall be maintained:
A.
Fifty feet between a public water supply well and a stormwater sewer main or any sanitary sewer main constructed of water main materials and joints which is pressure tested in place to meet current AWWA C600 specifications.
B.
Two hundred feet between a public water supply well and any sanitary sewer main not meeting the above specifications, any sanitary sewer lift station or single-family residential fuel oil tank.
C.
Four hundred feet between a public water supply well and a stormwater detention, retention, infiltration or drainage basin.
D.
The provisions of § NR 811.12(4)(d)4, 5, and 6, Wis. Adm. Code, are not listed here as uses, activities or structure contained therein are prohibited in the District.
§ 350-151 Prohibited uses.
The method of regulation by prohibition of certain uses is employed to provide the greatest assurance that inadvertent discharge of pollutants into the groundwater supply will not occur, since such an event would result in almost certain contamination of the public water supply, and costly mitigation or remediation for which liability is difficult or impossible to establish. The prohibited uses, activities or structures for the Wellhead Protection Overlay District include:
A.
Above and below ground hydrocarbon or petroleum storage tanks.
B.
Cemeteries.
C.
Chemical manufacturers (Standard Industrial Classification Major Group 28).
D.
Coal storage.
E.
Dry cleaners.
F.
Hazardous, toxic or radioactive materials transfer and storage under Title III or SARA planning.
G.
Industrial lagoons and pits.
H.
Jewelry plating and metal plating.
I.
Landfills and any other solid waste facility, except post-consumer recycling.
J.
Machine or metal working shops.
K.
Manure storage.
L.
Nonmetallic earthen materials extraction or sand and gravel pits.
M.
Pesticide and fertilizer dealer, transfer or storage.
N.
Research labs, universities and hospitals.
O.
Railroad yards and maintenance stations.
P.
Rendering plants and slaughterhouses.
Q.
Salt or deicing material storage.
R.
Salvage or junkyards.
S.
Septage or sludge spreading, storage or treatment.
T.
Septage, wastewater, or sewage lagoons.
U.
Septic tanks, holding tanks or other on-site sewage treatment systems.
V.
Stockyard and feedlots.
W.
Stormwater infiltration basins without pretreatment.
X.
Vehicular service, including filling and service stations, repair, renovation and body working.
Y.
Wood preserving.
§ 350-152 Requirements for existing facilities which may cause or threaten to cause environmental pollution.
Existing facilities within the Wellhead Protection Overlay District at the time of enactment of such district which may cause or threaten to cause environmental pollution include, but are not limited to, the Wisconsin Department of Natural Resources' draft or current list of Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution, Wisconsin Department of Safety and Professional Services' list of underground storage tanks, lists of facilities with hazardous, solid waste permits, and all other facilities which are considered a prohibited use in § 350-151, Prohibited uses, all of which are incorporated herein as if fully set forth.
A.
Such facilities as above which exist within the district at the time of enactment of a district shall provide copies of all federal, state and local facility operation approval or certificates and ongoing environmental monitoring results to the Village.
B.
Such facilities as above which exist within the district at the time of enactment of a district shall provide environmental or safety structures/monitoring to include an operational safety plan, hazardous material containment, best management practices, stormwater runoff management and groundwater monitoring.
C.
Such facilities as above which exist within the district at the time of enactment of a district shall replace equipment, or expand on the site or property of record associated with the facility at the time of enactment of a district, in a manner that improves the environmental and safety technologies already being utilized.
D.
Such facilities as above which exist within the district at the time of enactment of a district shall have the responsibility of devising, filing and maintaining with the Village, a current contingency plan which details how they intend to respond to any emergency which occurs at their facility, including notifying municipal, county and state officials.
E.
Such facilities as above cannot engage in or employ a use, activity, or structure listed in § 350-151, Prohibited uses, which they did not engage in or employ at the time of enactment of a district, and can only expand those present uses, activities, or structures on the site or property of record associated with the facility at the time of enactment of a district, and in a manner that improves the environmental and safety technologies already being utilized.
§ 350-153 Conditional uses.
A.
Any individual person, partnership, corporation, or other legal entity and/or facility may request that the Village of New Auburn Board of Trustees grant a conditional use permit for certain uses, activities and structures within the Wellhead Protection Overlay District.
(1)
All requests shall be made in writing to the Village of New Auburn Planning Commission and shall include:
(a)
A site plan map with all building and structure footprints, driveways, sidewalks, parking lots, stormwater management structures, groundwater monitoring wells, and two-foot ground elevation contours.
(b)
A business plan and/or other documentation which describes in detail the use, activities and structures proposed.
(c)
An environmental assessment report prepared by a licensed environmental engineer which details the risk to, and potential impact of, the proposed use, activities, and structures on groundwater quality.
(d)
An operational safety plan, which details the operational procedures for material processes and containment, best management practices, stormwater runoff management, and groundwater monitoring.
(e)
A contingency plan which addresses in detail the actions that will be taken should a contamination event caused by the proposed use, activities, or structures occur.
(2)
All conditional use permits granted under this section shall be subject to conditions that will include environmental and safety monitoring determined necessary to afford adequate protection of the public water supply, and/or bonds and/or sureties satisfactory to the Village. These conditions shall include, but not be limited to:
(a)
Provide current copies of all federal, state and local facility operation approval or certificates and ongoing environmental monitoring results to County Emergency Government and the Village of New Auburn.
(b)
Establish environmental or safety structures/monitoring to include an operational safety plan, material processes and containment, operations monitoring, best management practices, stormwater runoff management, and groundwater monitoring.
(c)
Replace equipment or expand in a manner that improves the environmental and safety technologies being utilized.
(d)
Devise, file and maintain a current contingency plan which details the response to any emergency which occurs at the facility, including notifying municipal, county and state officials. Provide a current copy to County Emergency Government and the Village of New Auburn.
(3)
The individual, person, partnership, corporation, or other legal entity and/or facility making the request shall reimburse the Village for consultant fees and Planning Commission expenses associated with this review at the invoiced amount, plus administrative costs.
(4)
The Village Board shall decide upon a request for a conditional use permit only after full consideration of the recommendations made by the Village Planning Commission.
§ 350-154 Enforcement; violations and penalties.
A.
It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this article. In case of any violation, the Village Board shall institute appropriate action or proceeding to enjoin a violation of this article.
B.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this article shall, upon conviction thereof, forfeit to the Village of New Auburn, a penalty of not less than $50 together with the taxable cost in such action and not more than $500, and in default of payment thereof shall be imprisoned for a term of not more than 30 days or until such penalty and costs are paid. Each and every day of violation shall constitute a separate offense in addition to any penalties. Compliance with this article is mandatory, and no building, structure or use shall be allowed without full compliance.
C.
In the event any individual, person, partnership, corporation, or other legal entity (hereinafter "individual") that owns an existing facility which may cause or threaten to cause environmental pollution, or any individual and/or facility possessing a conditional use permit under the provisions of § 350-153, Conditional uses, and that individual/facility causes, or is the site of, the release of any contaminants which endanger the municipal water supply associated with a Wellhead Protection Overlay District, the activity causing said release shall immediately cease and a cleanup satisfactory to the Village shall occur.
(1)
The individual/facility shall be responsible for all costs of cleanup, Village consultant or outside contractor fees, fees at the invoice amount plus administrative costs for oversight, review and documentation, plus the following:
(a)
The cost of Village employee's time associated in any way with the cleanup based on the hourly rate paid to the employee multiplied by a factor determined by the Village representing the Village's cost for expenses, benefits, insurance, sick leave, holidays, workman's compensation, holidays, overtime, vacation, and similar benefits.
(b)
The cost of Village equipment employed in the cleanup.
(c)
The cost of mileage incurred on Village vehicles used in any activity related to the cleanup, or of mileage fees reimbursed to Village employees attributed to the cleanup.
§ 350-155 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A saturated, permeable, geologic formation that contains and will yield significant quantities of water.
The area around a well, in which the water level has been lowered at least one-tenth of a foot by pumping of the well.
Existing facilities which may cause or threaten to cause environmental pollution within the Village of New Auburn include, but are not limited to, the Department of Natural Resources' draft or current list of Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution, the Department of Workforce Development (DWD) list of Underground Storage Tanks (USTs), lists of facilities with hazardous, solid waste permits, and any facility which is considered a prohibited use under this article, all of which are incorporated herein as if fully set forth.
The five-year time of travel is the recharge area upgradient of the cone of depression, the outer boundary of which it is determined or estimated that groundwater will take five years to reach a pumping well.
The area which encompasses all areas or features that, by surface infiltration of water that reaches the zone of saturation of an aquifer, supplies groundwater to a well.
A piece of land use primarily for the purpose of locating wells to supply a municipal water system.
The area of land which contributes water to the well starting at the well and continuing out to a line delineating the five-year time of travel to the well. Time of travel delineations must be based on accepted hydrogeological research as outlined in the State Wellhead Protection Program Plan for Public Water Utilities, Appendix 2 with Zone boundaries normalized (if practical) to road center lines, railways, surface water features, the public land survey section lines, 1/2, 1/4, 1/8, or 1/16 section lines and property lines.
The saturated zone is the area of unconsolidated, fractured or porous material that is saturated with water and constitutes groundwater.