The Wellhead Protection Overlay District is designed to safeguard the public health, safety and welfare of users of the city’s 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 adjacent to and up gradient from existing and proposed municipal water well fields. The intent of this designation is to protect the area’s potable water supply against contamination.

(Ord. 188, eff. 2-25-1981)

   For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.

   AQUIFER. The 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. The portion of a drainage basin in which water infiltrating vertically from the surface will intercept the water table.

   GROUND WATER GRADIENT. The slope (gradient) of the ground water surface defining the direction of ground water movement.

   POTABLE WATER. Water that is satisfactory for drinking, culinary and domestic purposes, meeting current drinking water standards.

   RECHARGE POND/LAGOON. A natural or human-made recharge area or pond designed and maintained to recharge storm water, cooling and/or treated water to the ground water and a rate greater than that occurring naturally.

   REGULATED SUBSTANCES. Substances to be regulated and consist of chemicals and mixtures of chemicals which are health hazards. REGULATED SUBSTANCES include those listed by MIOSHA and as currently reported on MIOSHA material safety data sheets and petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids).

   TEN-YEAR CAPTURE AREA. The area around and up gradient from the public water supply well fields delineated by the ten-year travel time contour capture zone boundary.

   TRAVEL TIME CONTOUR. 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. 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 10% or more beneath the surface of the ground. Flow through process tanks are excluded from the definition of UNDERGROUND STORAGE TANK.

   UNDERLYING ZONE. The present zoning classification as it exists under the overlay zone.

   WELL FIELD. A tract of land that contains a number of wells for supplying water.

   WELLHEAD PROTECTION ZONE. The area outlined on the zoning map as determined to be a well field capture zone by computation and in consideration of natural surface runoff boundaries.

   ZONE OF INFLUENCE. A zone delineated by iso-travel time contours around well fields. The ZONE is calculated on the rate of movement of ground water in the vicinity of the wells with an allowance for the dispersion of a pollutant entering into and moving with the ground water.

(Ord. 188, eff. 2-25-1981)

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

   A.   The processing or compounding of chemicals or drugs or bulk storage;

   B.   Foundries; and

   C.   Heavy equipment repair.

(Ord. 188, eff. 2-25-1981)

   Any of the uses subject to special approval in the underlying zone may be permitted subject to the conditions hereinafter imposed and subject further to the approval of the City Council after a recommendation from the Planning Commission, with the exception of the following:

   A.   Sanitary landfills of any type;

   B.   Mining, extraction, excavation or processing of sand, gravel or limestone;

   C.   Gasoline stations or convenience stores selling gasoline or farm fuels;

   D.   Bus or truck terminals;

   E.   Junk or salvage yards;

   F.   Automobile and truck body shops;

   G.   Concrete or asphalt plants;

   H.   Metal processing plants and/or electroplating plants; and

   I.   Painting and coating manufacturing plants.

(Ord. 188, eff. 2-25-1981)

   A.   Use of regulated substances in conjunction with the permitted and special approval uses in this zone shall be limited to:

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

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

   B.   A limited exclusion from the provisions of permitted uses after special approval, is authorized for non-routine maintenance of repair of property in the Wellhead Protection Overlay Zone; provided, the uses are limited as follows:

      1.   The aggregate of regulated substances in use may not exceed 50 gallons or 400 pounds at any time; and

      2.   The total use of regulated substances may not exceed 100 gallons or 800 pounds at any time.

   C.   A limited exclusion authorized for regulated substances which are cleaning agents; provided, however, that, the 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 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.

   D.   A limited exclusion from the provisions hereof is authorized for medical research laboratory uses in the Wellhead Protection Overlay Zone; provided that, 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.

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

   F.   Notwithstanding other provisions of this article, nonconforming uses in this zone presently using 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 pursuant to specifications of Public Act 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 not permitted.

(Ord. 188, eff. 2-25-1981)

   All buildings and structures conducted or remodeled requiring the approval of a site plan as set forth in this code are within the Wellhead Protection Overlay Zone shall also comply with the following additional site plan requirements:

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

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

      1.   Public and private ground water supply wells on-site and in adjacent properties;

      2.   Septic systems and other wastewater treatment systems;

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

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

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

   C.   Location of existing wetlands, water bodies, watercourses and floodplains;

   D.   Soil characteristics of the site (e.g., the U.S. Soil Conservation Service); and

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

(Ord. 188, eff. 2-25-1981)

   In addition to the standards set forth in herein, the Planning Commission and the City Council shall be governed by the following standards.

   A.   Ground water protection standards.

      1.   The project and the related improvements shall be designed to protect the natural environment, including wetlands, water bodies, watercourses, floodplains, ground water and soils.

      2.   Storm water management and drainage facilities shall be designed to retain natural retention and storage capacity of any wetland, water body or watercourse and shall not increase flooding or the possibility of polluting surface or ground water, on-site or off-site.

      3.   General purpose floor drains shall be connected to a public sewer system, an on-site holding tank or a system authorized through a state ground water discharge permit.

      4.   Chemical loading and unloading areas shall 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 a manner as to prevent potential discharge to the ground or ground water, storm water piping or recharge lagoons.

      5.   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, water bodies, watercourses or ground water.

      6.   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 ground water, including direct and indirect discharges, shall be allowed without required permits and approvals.

   B.   Aboveground storage and use areas for hazardous substances and polluting materials.

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

      2.   Secondary containment structures such as buildings, storage rooms, sheds and pole barns shall not have floor drains which outlet to nearby drains, soils, wetlands, water bodies, watercourses or ground water. Where allowed, the secondary containment provided in division B.1. above shall apply.

   C.   Underground storage tanks.

      1.   Existing underground storage tanks or replacements allowed above shall be registered with the State Police Fire Marshal Division and in accordance with U.S. EPA.

      2.   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 of inventory control must be kept and made available for review by the city and other applicable government officials.

      3.   Out-of-service or 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 MDEQ.

   D.   Sites with contaminated soils and/or ground water.

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

      2.   Development shall not be allowed on or near contaminated areas of a site unless information from the MDEQ is available with an indication that the cleanup will proceed in a timely fashion.

(Ord. 188, eff. 2-25-1981)