This article regulating land use restrictions to protect the village's groundwater aquifer and municipal water supply in the Village of Roberts is adopted pursuant to the authority of the Wis. Stats. §§ 61.35, 62.23(7), 83.7, and 281.31, as amended for the following:

(1)

Purpose, authority and applicability. The purpose of this article is to institute land use regulations, design standards and operational standards to protect the village's municipal water supply, and to promote the health, safety and general welfare of the residents of the village.

Statutory authority of the village to enact these regulations was established by the Wisconsin Legislature in Wis. Stats. §§ 61.35, 62.23(7), 87.30, and 281.31. Under these statutes, the village has the authority to enact this article, effective in the incorporated areas of the village, to encourage the protection of groundwater resources.

The regulations specified in this article shall apply within the village's corporate limits.

(2)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

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

Existing facilities means current facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the village's wellhead protection area that lies within the corporate limits of the village.

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 Village of Roberts, as shown in the map attached hereto as *Exhibit "A" and incorporated herein as if fully set forth.

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

(3)

Separation distances. The following minimum separation distances shall be maintained from the municipal wells within the Village of Roberts, consistent with Wisconsin Administrative Code Chapter NR 811.16.

1.

Fifty feet between a well and storm sewer main.

2.

Two hundred feet between a well and any sanitary sewer main, sanitary sewer manhole, lift station or single family residential fuel oil tank. A lesser separation distance may be allowed 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) C600 specifications. In no case may the separation distance between a well and sanitary sewer main be less than 50 feet.

3.

Four hundred feet between a well and a septic tank or soil adsorption unit receiving less than 8,000 gallons per day, a cemetery or a storm water drainage pond.

4.

Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Commerce (hereafter Commerce) or its designated agent under s. Comm 10.10, Wis. Adm. Code.

5.

One thousand feet between a well and land application of municipal, commercial or industrial waste; boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under ch. NR 718 while that facility is in operation; industrial, commercial or municipal waste water lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil adsorption units receiving 8,000 gallons per day or more.

6.

Twelve hundred 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 landfill; any property with residual groundwater contamination that exceeds ch. NR 140 enforcement standards that is shown on the department of natural resources' geographic information system registry of closed remediation sites; 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 s. Comm 10.10, Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

(4)

Permitted uses. Permitted uses for the wellhead protection area are as follows:

1.

Residential, commercial, industrial and municipal property, which is municipally sewered and has no activities as listed in prohibited uses, below.

2.

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

3.

Individuals and/or facilities may make a request to the village board to permit additional land uses.

(5)

Prohibited uses. Prohibited uses within the wellhead protection area are as follows:

1.

Landfills or waste disposal facilities.

2.

Wastewater treatment facilities, municipal or non-municipal.

3.

Septage and sludge spreading activities.

4.

Animal waste facilities.

5.

Gas stations, as a principal use.

6.

Junk yards or auto salvage yards.

7.

Vehicle repair establishments, including auto body repair, tire and battery service facilities, and garage and vehicular towing facilities.

8.

Printing shops.

9.

Bus or truck terminals, as a principal use. Shipping and receiving activities associated with commercial and/or industrial uses are allowed.

10.

Bulk fertilizer and pesticide manufacturing, repackaging and/or mixing facilities. Loading, unloading and/or storage are allowed.

11.

Asphalt products manufacturing.

12.

Dry cleaning facilities.

13.

Salt storage.

14.

Electroplating facilities.

15.

Exterminating shops.

16.

Paint and coating manufacturing.

17.

Hazardous waste facilities or hazardous substance use and storage.

18.

Radioactive waste facilities.

19.

Public and private maintenance garages, as a principal use.

20.

Underground storage tanks.

21.

Above-ground petroleum product storage tanks greater than 660 gallons.

22.

Other similar uses that a pose a threat to ground water quality.

(6)

Design standards. The following design standards apply to land use activities within the wellhead protection area:

1.

For portions of tier 1 and tier 2 industrial facilities (that are excluded from the Wisconsin Administrative Code Chapter NR 151 infiltration requirements), infiltration from clean sources (such as some rooftops and parking areas as defined in NR 216) shall be incorporated into the site design.

2.

Parking lots shall be paved with asphalt or concrete.

3.

Spill containment measures shall be provided for allowable above ground storage tanks.

4.

Spill containment measures shall be provided for loading, unloading and storage areas for the following:

a)

Bulk fertilizers;

b)

Bulk pesticides;

c)

Chemicals or chemical mixtures that are health hazards (scientific evidence that acute or chronic health affects may result from exposure);

d)

Other similar products that pose a threat to ground water quality.

5.

New sanitary sewer mains must meet UNI-B-6 testing requirements for not exceeding a pressure drop of more than 1.0 psig in the time allowed. Exfiltration or infiltration of water into sewer shall not exceed 25 gallons per day per inch diameter per mile of sewer when tested for a minimum of one hour.

6.

New sanitary sewer manholes must meet vacuum testing requirements designated by village engineer. A typical ten-foot deep, four-foot diameter manhole would need to drop less than one-inch of mercury (starting from ten-inch mercury) in a 25-second period.

(7)

Operational standards. The following operational standards apply to land use activities within the wellhead protection area:

1.

The use of deicing salt or other chemical deicing materials shall be minimized.

2.

Truck, truck trailer, rail car, or tank truck loading and unloading procedures for regulated substances shall meet the minimum requirements of the U.S. Department of Transportation (DOT) and Wisconsin DOT.

3.

Immediately notify the director of public works in the event of an emergency which involves the release of any contaminants that endanger the wellhead protection area.

(8)

Review of site plan/subdivision platting. The village plan commission and village board shall review all requests for approval for land uses in the wellhead protection area. The following factors shall be considered:

1.

The village'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 Village of Roberts recharge area.

Any exemptions granted will be made conditional and may include environmental and/or safety monitoring which indicates whether the facility may be emitting any releases or harmful contaminants to the surrounding environment. The facility will be held financially responsible for all environmental and/or safety monitoring and for all environmental cleanup costs. The village board may require that a bond be posted for future monitoring and cleanup costs if deemed necessary at the time of granting an exemption.

(9)

Requirements for existing facilities and land uses. Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the Village of Roberts.

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

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

Existing facilities shall have the responsibility of developing and filing with the village, a contingency plan satisfactory to the village board for the immediate notification of the appropriate village officers in the event of an emergency.

Property owners with an existing agricultural use shall be exempt from requirements of this article 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 article and this exemption shall not constitute a covenant running with the land.

(10)

Enforcement and penalties.

(1)

Contamination expense. In the event an individual and/or facility causes the release of any contaminants which endanger the wellhead protection area, the individual/facility causing said release shall immediately cease and desist, and provide clean-up satisfactory to the village board.

The individual/facility owner shall be responsible for all costs of cleanup and the village's consultant fees at the invoice amount plus administrative costs for oversight, review and documentation.

Following any such discharge, the village may require additional test monitoring or other requirements. Costs of these requirements shall be the responsibility of the individual or facility owner.

(2)

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

(3)

Penalties. Any person, firm or corporation who fails to comply with the provisions of this article shall, upon conviction thereof, forfeit $500.00 plus the costs of the prosecution for each violation, and in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days, 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.

(11)

Severability. If a court of competent jurisdiction judges any section, clause, provision, or portion of this article unconstitutional or invalid, the remainder of the article shall remain in force and not be affected by such judgment.

(Ord. No. 2006-15-VB, 1-8-2007)