Zoneomics Logo
search icon

Newberry City Zoning Code

ARTICLE 6

- HIGH NATURAL GROUNDWATER AQUIFER RECHARGE AND POTABLE WATER WELLFIELD REGULATIONS5


Footnotes:
--- (5) ---

State Law reference— Land and water management, F.S. ch. 380.


Section 6.1.- High natural groundwater aquifer recharge protection.

6.1.1. High natural groundwater aquifer recharge areas. For the purposes of these Land Development Regulations, such recharge areas shall be as identified as areas located within areas designated as Group II, numbered areas 3 and 4 on the map entitled, Potential for Groundwater Pollution of the Floridan Aquifer (Gainesville Sheet), published by the Florida Sinkhole Research Institute, University of Central Florida, 1988.

6.1.2. High natural groundwater aquifer recharge area requirements. Within the areas designated as high natural groundwater aquifer recharge areas, all proposed development shall comply with the following:

1.

Stormwater. Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into potable water aquifers. Where development is proposed in areas with existing wells, these wells shall be abandoned, including adequate sealing and plugging according to F.A.C. ch. 17-28. The site and development plan shall clearly indicate that the proposed stormwater disposal methods meet requirements established in article 7 herein;

2.

Wells generally. Well construction, modification, or closure shall be regulated in accordance with the criteria established by the water management district and the Florida Department of Health;

3.

Abandoned wells. Abandoned wells shall be closed in accordance with the criteria established by F.A.C. ch. 17-28;

4.

Discharge to soil, etc. No person shall discharge or cause to or permit the discharge of a regulated material, as defined in section 2.1 of these Land Development Regulations (or as listed in former F.S. ch. 442), to the soils, groundwater, or surface water of any high natural groundwater aquifer recharge area;

5.

Tampering; bypassing. No person shall tamper or bypass or cause or permit tampering with or bypassing of the containment of a regulated material storage system, within any prime natural groundwater recharge area, except as necessary for maintenance or testing of those components; and

6.

Hazardous wastes. Landfill and storage facilities for hazardous/toxic wastes shall be prohibited.

6.1.3. Notification upon sale or transfer. Owners of real property located either partly or entirely within a high natural groundwater aquifer recharge area, shall at the time of any transfer of interest in such property, create in any deed, lease, or other document conveying such interest a notation that the property is subject to the provisions for natural groundwater aquifer recharge area protection of these Land Development Regulations.

Section 6.2. - Potable water wellfield protection.

6.2.1. Wellfield management zone. A wellfield protection area shall be established as a minimum of 300 feet around community water facility wellheads as identified in the Comprehensive Plan. The following standards shall apply for the issuance of development orders for structures or uses within the wellfield management zone:

6.2.1.1.New uses. No new uses of land shall be permitted which require or involve storage, use or manufacture of regulated materials as defined in section 2.1 herein.

6.2.1.2. Limitation on new wells. No new wells shall be permitted in a surficial, intermediate, or Floridan Aquifer System. Exemptions as approved by the city commission, after a recommendation has been provided to the city commission by the planning and zoning board, may be granted on a case by case basis and shall be limited to:

1.

Monitoring. Wells constructed by the city, a community water association or their contractor as part of a monitoring system surrounding the wellfield. New construction or repair of the wellfield production wells or other well construction or modification required in the operations of the city or community water association water treatment plant.

2.

Groundwater contamination. Wells constructed as part of a city/Florida Department of Environmental Regulation-approved contaminant assessment/ remediation plan where groundwater contamination has been identified or is suspected.

3.

Private water supply. Wells constructed for private water supply in locations where the cost of connection to a public water utility would exceed the cost of the proposed private supply well and pumping system by a factor of 2½ times.

4.

Borings. Geotechnical borings constructed in the surficial aquifer system.

6.2.1.3. Discharge prohibited. No person shall discharge or cause to or permit the discharge of a regulated material, as defined in section 2.1 of these Land Development Regulations, or within F.S. ch. 442, to the soils, groundwater, or surface water of any wellfield management zone.

6.2.1.4. Landfills prohibited. New sanitary landfills, as defined by F.A.C ch. 17-7, shall be prohibited within wellfield management zones.

6.2.1.5.Limitation of septic tanks. New septic tank waste water treatment systems shall be prohibited within wellfield management zones, except where the cost of connection of a public waste water utility would exceed the cost of the proposed septic tank and installation by a factor of 2½ times or where no public sanitary sewer system is available.

6.2.1.6. Sanitary sewer plants prohibited. New domestic and/or industrial wastewater treatment facilities shall be prohibited within wellfield management zones.

6.2.1.7. Transportation of regulated materials. Transportation of regulated materials is prohibited within the wellfield management zone except local traffic serving facilities within the wellfield management zone.

6.2.1.8. Activities requiring storage. Except as provided in subsection 6.2.1.10, no activity which requires storage or use of agricultural chemicals, hazardous or toxic waste, petroleum products or toxic and medical waste shall be permitted within the wellfield management zone.

6.2.1.9. Material exemptions. The city commission, after the request has been heard and a recommendation provided to the city commission by the planning and zoning board, may exempt any material from the requirements of these Land Development Regulations if, in the opinion of the city commission, it has been demonstrated that the material, in the quantity and/or solution handled or the conditions under which it is stored, does not present a significant actual or potential hazard to the contamination of groundwater in case of a discharge.

6.2.1.10. Temporary storage permit. A temporary permit approval shall be required for the temporary storage of regulated materials in containers or tanks exceeding 50 gallons aggregate volume for use in normal agricultural or forestry practices and in construction activities within the wellfield management zone. The temporary permit procedure shall consist of application to the planning and zoning board for the proposed activity requiring temporary hazardous material storage. The application shall be made on city forms and shall include details of the proposed activity, a schedule of activity, types and quantities of regulated materials to be stored and a plan for monitoring and remedial action, where necessary, as determined by the city commission. Following a recommendation of the planning and zoning board on the application for temporary permit, the city commission shall approve, approve with conditions, or deny the application.

6.2.1.11. Additional activities. Feedlots or other commercial animal facilities, percolation ponds, mines and excavation of waterways or drainage facilities which intersect the water table shall be prohibited within the wellfield management zone.

6.2.2. Notification upon sale or transfer. Owners of real property located either partly or entirely within a wellfield management zone, shall at the time of any transfer of interest in such property, create in any deed, lease, or other document conveying such interest a notation that the property is subject to the provisions for potable water wellfield protection of these Land Development Regulations.