5.A.1. General: The Aquifer Protection District (AP) is a class of district in addition to and overlapping one or more of the other districts. The boundaries of the Aquifer Protection District encompasses all of the area consisting of stratified drift "aquifers" that are existing or designated as potential and important sources of public water supply, based on data established by the U.S. Geological Survey. The Aquifer Protection District #1 (AP-1) is a class of district within the AP District, and is also in addition to and overlapping one or more of the other districts, and encompasses all of the area consisting of the "primary recharge" and "secondary recharge" areas of stratified drift "aquifers" used or potentially used for major public and institutional water supplies. The Aquifer Protection District #2 (AP-2) is a class of district including existing AP Districts, in addition to and overlapping one or more of the other districts, and encompasses any area consisting of well fields, areas of contribution and recharge areas, identified on maps approved by the Commissioner of Environmental Protection pursuant to § 22a-354b to § 22a-354d of the Connecticut General Statutes, inclusive, within which land uses or activities shall be required to comply with regulations adopted by the Southbury Water Pollution Control Authority. The purpose of the AP, AP-1 and AP-2 Districts is to assure that the use of land, buildings and other structures and site development within the Districts are conducted in a manner that protects the public health and usability of the groundwater supply resource and avoids degradation of the quality of the water. The AP, AP-1 and AP-2 Districts are shown on "Supplementary Map No. 4: Aquifer Protection Districts Dated February 15, 1988, and are further identified as follows:

5A.1.1 The Aquifer Protection District (AP), delineated on Supplementary Map No. 4, consists of all of the coarse, medium and fine grained stratified drift "aquifers" mapped by the U. S. Geological Survey in the "Water Resources Inventory of Connecticut, Part 5, Lower Housatonic River Basin", 1974, and the boundary of the AP District is the contact delineating stratified drift from till and bedrock.

5A.1.2 The Aquifer Protection District #1 (AP-1), delineated on Supplementary Map No. 4, is located on both sides of a portion of the Pomperaug River and tributaries thereto, encompasses existing public water supply well fields and well fields for major institutions and is further identified on maps accompanying a report entitled "Guide to Ground Water and Aquifer Protection for Southbury", dated December, 1980, and prepared by the Central Nangatuck Valley Regional Planning Agency.

5.A.1.3. The Aquifer Protection District #2 (AP-2), delineated on Supplementary Map No. 4 is located in the Southbury Training School Area and the Heritage Village Road Area and encompasses existing well fields, areas of contribution and recharge areas, identified on maps approved by the Commissioner of Environmental Protection pursuant to § 22a-354b to § 22a-354d of the Connecticut General Statutes, inclusive, within which land uses or activities shall be required to comply with regulations adopted, pursuant to § 22a-354p of the Connecticut General Statutes, by the Southbury Water Pollution Control Authority.

5A.2 Special Definitions: Certain words in this Section are defined as follows:

5A.2.1 "Aquifer" means a geologic unit consisting of surficial deposits of stratified drift (sand and gravel) capable of yielding usable amounts of water.

5A.2.2 "Primary recharge area" means that area immediately overlying a stratified drift "aquifer" of higher transmissivity as well as adjacent areas of stratified drift that may not have sufficient thickness to be part of the "aquifer."

5A.2.3 "Secondary recharge area" means land adjacent to the "primary recharge area" from which groundwater moves down gradient into the "aquifer."

5A.3 Permitted Uses: Within the AP District, including the AP-1 District, land, buildings and other structures may be used for one or more of the uses permitted in the underlying district, but the following uses are specifically prohibited:

5A.3.1 Disposal of solid wastes to the ground in sanitary landfills or dumps.

5A.3.2 Septage lagoons and the disposal or spreading of septage on the ground.

5A.3.3 Any use which involves on any lot the manufacture, use, generation, storage, transportation, sale or disposal of toxic or hazardous materials, as defined in Par. 14.2.2a(vi), when any such materials are in containers having a capacity greater than five (5) gallons or otherwise are in bulk, and the storage or loading of road salt, provided however, that the following are applicable:

a.

Such use may be authorized in that portion of the AP District outside the AP-1 District upon grant of a SPECIAL EXCEPTION by the Planning Commission after demonstration of compliance with the standards of Par. 1.4 and Par. 7.2.17 of these Regulations; and

b.

The following are not included in the prohibition: fuel for on-site heating and intermittent power generation in accordance with the requirements of Par. 5A.4.2; motor fuels in fuel tanks of mechanical equipment, registered motor vehicles and unregistered farm vehicles; and agricultural fertilizers, pesticides and animal wastes which are used or stored in connection with a farm and when in compliance with best management practices recommended or established by the U.S.D.A. Soil Conservation Service and the Connecticut Department of Environmental Protection.

5A.4. Permitted Uses: Within the AP-2 District land, buildings and other structures may only be used for one or more uses which are in compliance with the town of Southbury "Protection Regulations Public Water Supply - Well Head Protection Areas" adopted by the Water Pollution Control Authority of the Town of Southbury pursuant to § 22a-354p of the Connecticut General Statutes.

5A.5 Additional Requirements: The following are additional requirements pertaining to the use of land, buildings and other structures and site development in the AP and AP-1 Districts:

5A.5.1 Change in Occupancy: In addition to the requirements of these Regulations concerning change in use, each change in nonresidential occupancy of a premises and each change in the person or persons conducting a professional or business office or a customary home enterprise in a dwelling unit, may be made only after a disclosure statement concerning toxic or hazardous materials, as set forth in Par. 14.2.2a(vi), has been submitted to the Zoning Enforcement Officer by the proposed occupant of the premises or the person or persons who will conduct the office or home enterprise. When the provisions of Par. 7.2.17 of Section 7 are applicable to the change in nonresidential occupancy of a premises, the proposed occupant shall submit a new Statement of Use to the Zoning Enforcement Officer under Par. 14.2.2a and shall obtain a ZONING PERMIT and CERTIFICATE OF ZONING COMPLIANCE concerning compliance with the requirements of this Section and Par. 7.2.17.

5A.5.2 Fuel Storage: The following requirements are applicable to fuel storage facilities, both new and replacements, and a ZONING PERMIT therefor shall be obtained:

a.

All fuel storage tanks of less than 600 gallon capacity shall be on an impervious surface, shall be located in the basement or on another floor of a building or in a below-ground, covered waterproof containment structure and, together with fill and transmission pipes, shall be accessible for visual or mechanical inspection. Such above-ground tanks shall have berms or other facilities for sufficient secondary containment of the entire capacity of the tank so as to preclude discharge to any drain and to the ground or a watercourse in the event of tank failure.

b.

Fuel storage tanks of 600 gallon capacity or more shall be of double hull design or be located in a covered, water-proof containment structure, so as to provide secondary containment of the entire capacity of the tank and to preclude discharge to any drain and to the ground or a watercourse in the event of tank failure. Tank piping shall also be designed in conformance with the Rules of the State Fire Marshal, as authorized under Secs. 29-320 and 29-324 of the Connecticut General Statutes, and the standards and design guidelines of the Connecticut Department of Environmental Protection. Provision shall be made for containment and cleanup of spills at the point of delivery to and from the storage tank. Replacements for existing underground fuel storage tanks shall meet such double hull design and containment requirements and shall be provided with a leakage monitoring system approved by the Fire Marshal. A copy of the Fire Marshall's inspection and testing reports for each tank installation shall be filed with the Zoning Enforcement Officer.

5A.5.3 Runoff and Grading: Any nonresidential use that is subject to submission and approval of a SITE DEVELOPMENT PLAN, including SPECIAL EXCEPTIONS, and any excavation, grading or removal of earth materials that is subject to approval of a SOIL EXTRACTION PERMIT under the provisions of Section 8 of these Regulations, shall conform to the following in addition to other requirements of these Regulations:

a.

The site plan shall identify all drains and drainage facilities and shall demonstrate how oil, grease, cleaning materials and other contaminants will be contained and not discharged to the aquifer.

b.

Storm drainage shall be discharged with measures and a maintenance program for control of contaminant runoff to the aquifer from parking and other paved areas.

c.

Excavation and grading for site development and under Section 8 shall be designed either with a finished elevation at least five (5) feet above the water table or with no reduction in elevation if already less than five (5) feet.

(Ord. of 6-19-08, §§ III—VI; Ord. of 4-8-09, §§ I, II)