The Wellhead Protection Overlay District is designed to safeguard the public health safety and welfare of citizens and institutions that are customers of the Parchment Water System by regulating the land use and the storage, handling, use and/or production of regulated substances within the wellhead capture zone described as the land area adjacent to and upgradient from existing and proposed municipal water well fields. The intent of this designation is to protect the community's potable water supply against contamination.

For purposes of this section, the following definitions apply:

Aquifer means a glacial formation, group of glacial formations or part of a glacial formation that contains enough saturated permeable material to yield significant quantities of water.

Direct recharge area means a that portion of a drainage basin in which water infiltrating vertically from the surface will intercept the water table.

Groundwater gradient means the slope (gradient) of the groundwater surface thereby defining the direction of groundwater movement.

Potable water means water that is satisfactory for drinking, culinary and domestic purpose, meeting current drinking water standards.

Recharge pond/lagoon means a natural or man-made recharge area or pond designed and maintained to recharge stormwater, cooling water and/or treated water to the groundwater and a rate greater than that occurring naturally. (For certain discharges a Michigan Department of Natural Resources permit is required.)

Regulated substances means substances to be regulated are chemicals and mixtures of chemicals which are health hazards. Regulated substances include:

1.

Those lists of substances as defined and listed by the Michigan Occupational Safety and Health Administration, as regulated under Title III of the Superfund Amendments and Reauthorization Act (SARA) and as currently reported on MIOSHA material safety data sheets.

2.

Petroleum and nonsolid petroleum derivatives (except non-PCB dielectric fluids).

Ten-year capture area means the area around and upgradient from the public water supply well fields delineated by the ten-year travel time contour capture zone boundary.

Travel time contour means a locus of points from which water takes an equal amount of time to reach a given destination such as a well or well field.

Underground storage tank means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substances and the volume of which (including the underground piping connected thereto) is ten percent or more beneath the surface of the ground. Flow through process tanks are excluded from the definition of underground storage tank.

Underlying zone means the present zoning classification as it exists under the overlay zone.

Well field means a tract of land that contains a number of wells for supplying water.

Wellhead protection zone means that area as outlined on the overlay zoning map as determined to be the well field capture zone by computation and in consideration of natural surface runoff boundaries.

Zone of influence means a zone delineated by iso-travel time contours around well fields. The zone is calculated, based on the rate of movement of groundwater in the vicinity of wells with an allowance for the dispersion of a pollutant entering into and moving with the groundwater.

The permitted uses in the Wellhead Protection Overlay Zone shall include all those permitted uses as allowed in the underlying zoning district, except for the following:

1.

The processing or compounding of chemicals or drugs or bulk storage thereof.

2.

Foundries.

3.

Heavy equipment repair.

The following special condition uses shall be permitted, subject to the conditions hereinafter required for each use, subject to any and all reasonable conditions which may be imposed in accordance with subsection 4.c.(2) of the City-Village Zoning Act, as may be amended, and further subject to the review and approval by the planning commission and city commission as specified in section 13.3, "Review and Approval of Conditional Uses," and section 13.1, "Review and Approval of Site Plan," of this Ordinance.

1.

The permitted uses subject to special conditions in the Wellhead Protection Overlay Zone shall include all those permitted uses subject to special conditions as allowed in the underlying zoning district, except for the following:

a.

Sanitary landfills of any kind whether type I, II, or III as defined by P.A. 641 of 1978 or P.A. 64 of 1979, or any regulations enacted thereunder and pursuant thereto.

b.

The mining or excavation, extraction, or processing of sand, gravel and limestone.

c.

Gasoline service stations.

d.

Bus or truck terminals.

e.

Junk or material salvage yards.

f.

Automobile and truck body shops.

g.

Redi-Mix concrete or asphalt plants.

h.

Metal processing plants and/or electroplating plants.

i.

Paint and coating manufacturing.

1.

Use of regulated substances in conjunction with the permitted and conditional uses in this zone shall be limited to:

a.

The aggregate of regulated substances in use may not exceed 20 gallons or 160 pounds at any time.

b.

The total use of regulated substances may not exceed 50 gallons or 400 pounds in any 12-month period.

2.

A limited exclusion from the provisions of permitted uses, section 16.4 of this article, is hereby authorized for nonroutine maintenance or repair of property in the Wellhead Protection Overlay Zone, provided the uses are limited as follows:

a.

The aggregate of regulated substances is use may not exceed 50 gallons or 400 pounds at any time.

b.

The total use of regulated substances may not exceed 100 gallons or 800 pounds in any 12-month period.

3.

A limited exclusion from the provisions of permitted uses, section 16.4 of this article, is hereby authorized for regulated substances which are cleaning agents; provided, however, such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under the exclusion include hydrocarbon or halogenated hydrocarbon solvents.

4.

A limited exclusion from the provisions of permitted uses, section 16.4 of this zone, is hereby authorized for medical and research laboratory uses in the Wellhead Protection Overlay Zone; provided, however, regulated substances shall be stored, handled or used in containers not to exceed five gallons or 40 pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.

5.

Storage of fuel and lubricants for vehicle operations and fuel for building and/or processing heating in conjunction with permitted and conditional uses in this zone shall be in aboveground tanks.

6.

Notwithstanding other provisions of this chapter, nonconforming uses in this zone presently utilizing underground storage tanks for fuel and lubricants for vehicle operations and fuel for building and/or processing heating shall be permitted to replace existing tanks with those constructed as per the specifications of P.A. 423 of 1984 and all regulations enacted pursuant thereto and not exceeding the capacity of existing tanks. Replacement of underground tanks for regulated substances other than the above-noted fuels and lubricants is not permitted.

All buildings and structures constructed or remodeled requiring a building permit and site plan approval as set forth in section 13.1 of this Ordinance which are within the Wellhead Protection Overlay Zone shall also comply with the following additional site plan requirements.

In addition to the information required by section 13.1, an application for site plan review shall submit the following information:

1.

A copy of the MIOSHA Material Safety Data Sheet or "Hazardous Reporting Form for Site Plan Review."

2.

Location of existing and proposed facilities and structures, above and below ground, including but not limited to the following:

a.

Public and private groundwater supply wells on site and on adjacent properties.

b.

Septic systems and other wastewater treatment systems.

c.

All interior and exterior areas to be used for the storage, use, loading/unloading, recycling or disposal of hazardous substances.

d.

Location of all underground and aboveground storage tanks for such uses as fuel storage, waste oil, chemical storage, hazardous waste storage, collection of contaminated stormwater or wash water, and all similar uses.

e.

Location of interior and exterior drains, dry wells, catch basins, retention/detention areas, stormwater/retention ponds, sumps and other facilities designed to collect, store or transport stormwater or wastewater, The point of discharge for all drains and pipes shall be identified on the site plan.

3.

Location of existing wetlands, waterbodies, watercourses and floodplains.

4.

Soil characteristics of the site, at least to the detail provided by the U.S. Soil Conservation Service.

5.

Delineation of areas on the site which are known to be contaminated, together with a report on the status of site cleanup.

In addition to the criteria set forth in section 13.1, in reviewing a site plan and approving, disapproving or modifying same, the planning commission shall be governed by the following standards:

1.

Groundwater protection standards:

a.

The project and related improvements shall be designed to protect the natural environment, including wetlands, waterbodies, watercourses, floodplains, groundwater and soils.

b.

Stormwater management and drainage facilities shall be designed to retain the natural retention and storage capacity of any wetland, waterbody or watercourse and shall not increase flooding or the possibility of polluting surface or groundwater, on site or off site.

c.

General purpose floor drains shall be connected to a public sewer system, an on site holding tank or a system authorized through a State of Michigan groundwater discharge permit.

d.

Chemical loading and unloading areas should not have drains which discharge into the storm sewer piping or collection system unless equipped with an appropriate sump pump which can be shut down in the case of a spill. Further, chemical loading and unloading areas should be designed to contain or direct spillage in such a manner as to prevent potential discharge to the ground or groundwaters, stormwater piping or recharge ponds or lagoons.

e.

Sites at which hazardous substances are loaded and unloaded, stored, used or generated shall be designed to prevent spills and discharges to the air, surface of the ground, wetlands, waterbodies, watercourses or groundwater.

f.

State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous substances shall be met. No discharges to groundwater, including direct and indirect discharges, shall be allowed without required permits and approvals.

2.

Aboveground storage and use areas for hazardous substances and polluting materials:

a.

Secondary containment of hazardous substances shall be provided. Secondary containment shall be sufficient to store 110 percent of the stored substance for the maximum anticipated period of time necessary for the recovery of any released substance.

b.

Secondary containment structures such as buildings, storage rooms, sheds and pole barns shall not have floor drains which outlet to nearby drains, soils, wetlands, waterbodies, watercourses or groundwater. Where allowed, the secondary containment provided in subsection 2.a. above, shall apply.

c.

Outdoor storage of hazardous substance shall be prohibited except in product-tight containers which are protected from weather, leakage, accidental damage and vandalism.

d.

Areas and facilities for loading and unloading of hazardous substances, as well as areas where such materials are handled and use, shall be designed and constructed to prevent discharge or runoff to nearby drains, soils, wetlands, waterbodies, watercourses or groundwater.

e.

All storage of fuel and lubricants or vehicle operation and fuel for building and/or processing in conjunction with permitted and conditional uses for same shall be above ground.

3.

Underground storage tanks:

a.

Existing underground storage tanks or replacements allowed under subsection 16.5 6. shall be registered with the State Police Fire Marshal Division and in accordance with the requirements of the U.S. Environmental Protection Agency.

b.

Installation, operation, maintenance, closure and removal of underground storage tanks shall be in accordance with the requirements of the State Police Fire Marshal Division. Leak detection, corrosion protection, spill prevention and overfill protection requirements shall be met. Records of monthly monitoring or inventory control must be retained and available for review by city and other applicable government officials.

c.

Out-of-service abandoned underground tanks shall be emptied and removed from the ground in accordance with the requirements of the State Police Fire Marshal Division and the Michigan Department of Natural Resources.

4.

Sites with contaminated soils and/or groundwater:

a.

Site plans shall take into consideration the location and extent of any contaminated soils and/or groundwater on the site and the need to protect the public health and the environment.

b.

Development shall not be allowed on or near contaminated areas of a site unless information from the Michigan Department of Natural Resources is available indication that cleanup will proceed in a timely fashion.