The ordinance codified in this chapter shall be known, cited and referred to as the "Wellhead Protection Overlay District Ordinance" (hereinafter referred to as "WHP Ordinance.")

(Code 1998, § 17.54.010; Ord. No. 406(part), 2004)

A.

Residents in the City of Omro 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 WHP Ordinance is to institute land use regulations and restrictions to protect the city's municipal water supply and well fields, and to promote the health, safety and general welfare of the residents of the City of Omro.

B.

Statutory authority of the city to enact these regulations was established by the Wisconsin Legislature in Wis. Stats. § 62.23(7)(a). Under these statutes, the city has the authority to enact the ordinance codified in this chapter, effective in the incorporated areas of the city, to encourage the protection of groundwater resources.

C.

The regulations specified in this WHP Ordinance shall apply within the city's corporate limits.

(Code 1998, § 17.54.020; Ord. No. 406(part), 2004)

A.

Aquifer means a saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.

B.

Existing facilities means 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.

C.

Groundwater protection overlay district means that portion of the recharge area for the city wells that lies within the city limits as shown in the map attached hereto as Exhibit "A" and incorporated herein as if fully set forth.

D.

Recharge area means the land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well. This area extends beyond the corporate limits of the City of Omro.

E.

Well field means a piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.

(Code 1998, § 17.54.030; Ord. No. 406(part), 2004)

A.

Separation Distances. The following minimum separation distances shall be maintained within the groundwater protection overlay district:

1.

50 feet between a well and storm sewer main.

2.

200 feet between a well and any sanitary sewer main, lift station or single-family residential fuel oil tank. A lesser separation distance may be allowed pursuant to request under Section 17.54.050, 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 American Waterworks Association (AWWA) 600 specifications. In no case may the separation distances between a well and sanitary sewer main be less than 50 feet.

3.

400 feet between a well and a septic tank receiving less than 8,000 gallons per day, a cemetery or a storm water drainage pond.

4.

600 feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the state or its designated agent under Wis. Admin. Code ch. ATCP 93.

5.

1,000 feet between a well and land application of municipal, commercial or industrial waste; industrial, commercial or municipal waste water 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.

1,200 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 land fill; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from commerce or its designated agent under Wis. Admin. Code ch. ATCP 93 bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

B.

Three Overlay District Zones. This district is divided into Zones A, B and C.

1.

Zone A. Identification as the primary source of water for the municipal well aquifer and as the area most likely to transmit groundwater contamination to the municipal wells. Zone A is more restrictive than Zones B and C.

2.

Permitted Uses; Zone A. The following uses are permitted uses within the groundwater protection Zone A. Uses not listed shall be considered prohibited uses.

a.

Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use;

b.

Playgrounds;

c.

Wildlife areas;

d.

Nonmotorized trails, such as bike, skiing, nature and fitness trails;

e.

Residential, commercial and industrial property, which is municipally sewered, and free of flammable and combustible liquid and underground storage tanks (USTs).

3.

Zone B. Identified as a secondary source of water for the municipal wells because of the large cone of depression and a greater time of travel. Zone B is less restrictive than Zone A, but more restrictive than Zone C.

4.

Permitted Uses; Zone B. The following uses are permitted uses within the groundwater protection Zone B. Uses not listed shall be considered prohibited uses.

a.

All uses listed as permitted in Zone A;

b.

Modified agricultural activities, including any crop free of pesticides and/or synthetic fertilizers;

c.

Above-ground petroleum product storage tanks less than 660 gallons. All new or replaced tanks shall be installed in compliance with Wis. Admin. Code ch. ATCP 93;

d.

Residential, commercial and industrial property which is municipally sewered or has a state approved sewer and septic system.

5.

Zone C. Identified as the groundwater protection overlay district, excluding those areas within Zones A and B.

6.

Permitted Uses; Zone C. All uses listed as permitted in Zones A and B. Individuals and/or facilities may make a request to the planning commission pursuant to Section 17.54.050 to permit additional land use in Zone C.

7.

Mapping. The location and boundaries of the zoning districts established by the ordinance codified in this chapter are set forth on Exhibit "A" which is incorporated in this chapter and made a part of this chapter. The map, together with everything shown thereon and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein.

Code 1998, § 17.54.040; (Ord. No. 406(part), 2004)

A.

The City of Omro planning commission shall review all requests for approval of permits for uses in the groundwater protection overlay district pursuant to Sections 17.54.040A.2. and B.6. All determinations shall be made by the City of Omro planning commission within 60 days of any request for approval; provided however, that this 60-day period of limitation may be extended by the City of Omro planning commission for "good cause," as determined in the sole and absolute discretion of the City of Omro planning commission.

B.

Upon reviewing all requests for approval, the City of Omro planning commission shall consider all of 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 seriously threaten or degrade groundwater quality in the City of Omro or the city's recharge area;

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 wells and well fields, and the vulnerability to further contamination;

7.

The direction of flow of groundwater and other factors in the area of the application'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.

(Code 1998, § 17.54.050; Ord. No. 406(part), 2004)

A.

Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the City of Omro.

B.

Existing facilities shall provide additional environmental or safety monitoring as deemed necessary by the City of Omro planning commission, specifically including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.

C.

Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

D.

Existing facilities shall have the responsibility of devising and/or filing with the City of Omro, a contingency plan satisfactory to the planning commission for the immediate notification of the appropriate City of Omro officers in the event of an emergency.

E.

Property owners with an existing agricultural use shall be exempt from requirements of this chapter as they relate to restrictions on agricultural uses, provided however, that such exemption shall only apply to the property owners in existence at the time of passage of the ordinance codified in this chapter and this exemption shall not constitute a covenant running with the land.

(Code 1998, § 17.54.060; Ord. No. 406(part), 2004)

A.

In the event an individual and/or facility causes the release of any contaminants which endanger the groundwater protection overlay district, the individual/facility causing such release shall immediately cease and desist, and provide clean-up satisfactory to the City of Omro.

B.

The individual/facility shall be responsible for all costs of cleanup and the City of Omro consultant fees at the invoice amount plus administrative costs for oversight, review and documentation, including all of the following:

1.

The cost of city employees' time associated in any way with the clean-up based on the hourly rate paid to the employee multiplied by a factor determined by the city, representing the city's cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation and similar benefits;

2.

The cost of city equipment employed;

3.

The cost of mileage reimbursed to the city employees attributed to the cleanup.

C.

Following any such discharge, the city may require additional test monitoring or other requirements as outlined in Section 17.54.060 and this section.

D.

Violations. It is unlawful to construct or use any structure, land or water in violation of this chapter. Any person who is specifically damaged by such violations may institute appropriate action or proceeding to enjoin a violation of this chapter.

E.

Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit no less than $100.00 nor more than $500.00 plus the costs of the prosecution of each violation, or in the alternative, shall have such costs added to their real estate property tax bill as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.

(Code 1998, § 17.54.070; Ord. No. 406(part), 2004)