Waterford City Zoning Code
ARTICLE IX
Extraterritorial Zoning District
§ 245-100 Authority.
This article is adopted pursuant to Wis. Stat. § 62.23(7a) and the amendments thereto, which grants the Village the authority to enact extraterritorial zoning regulations, and which, by its terms, makes applicable the provisions of Wis. Stat. § 62.23(7)(c) and the amendments thereto, which grants the Village the authority to enact zoning regulations to protect groundwater resources and to promote health and the general welfare.
§ 245-101 Purpose.
The purpose of the Extraterritorial Zoning District is to institute land use regulations and restrictions protecting the municipal water supply of the Village of Waterford, following the boundary line requirements of Wis. Stat. § 62.23(7a)(a).
§ 245-102 Intent.
The Extraterritorial Zoning District shall be considered a holding district, wherein existing zoning districts, as set forth by the County of Racine and adopted by the Town of Waterford, shall be retained within subdistricts, and the uses, area requirements, and yard setback requirements set forth in Chapter 20 of the Racine County Code of Ordinances, the applicable provisions of which are adopted as though fully set forth herein, shall remain in full force and effect, except as limited within the Extraterritorial Wellhead Protection Area Overlay District set forth in this article.
§ 245-103 Location and description.
A.
The regulations specified in this article shall apply to the area of the Town of Waterford that lies within the striped area shown on the attached map and legally described as follows:[1]
All of that land lying within Sections 25 and 36, Town 4 North, Range 19 East, of the Town of Waterford, County of Racine, State of Wisconsin, described as: | |
Commencing at the center of Section 25 T4N R19E; thence S 87-56-46 W, 238.5 feet; thence southeasterly along the northeast right-of-way line of State Highway "164", 516.1 feet to the quarter section line of Section 25; thence S 0-16-26 E, 656.8 feet; thence S 87-40-44 W 1093.4 feet; thence N 0-16-26 W, 1433.3 feet; thence N 87-52-2 E, 3758.6 feet; thence S 0-9-16 E, 3784.2 feet; thence S 87-44-28 W, 1885.9 feet to the west right-of-way line of State Highway "36"; thence northerly along said right-of-way to the northeast right-of-way line of State Highway "164"; thence N 0-13-3 W, 1694.3 feet; thence S 87-52-3 W, 1328.6 feet to the point of beginning. |
[1]
Editor's Note: The extraterritorial zoning map is on file in the Village offices.
B.
This Extraterritorial Zoning District and its subdistricts and overlay district shall be incorporated on an official Village of Waterford Extraterritorial Zoning Map.
§ 245-104 Subdistricts; regulations.
The location of the subdistricts and the regulations within the Extraterritorial Zoning District are as follows:
A.
A-1 Holding.
(1)
Location: all of that land zoned A-1 General Farming District I on the date of enactment of this article, identified as all of that land within the Extraterritorial Zoning District which lies west of the westerly right-of-way line of State Trunk Highway 36 and north of the east-west center line of Section 25, along with all of that land lying south of the east-west center line of Section 25 West which also lies between the westerly right-of-way line of State Trunk Highway 36 and the easterly corporate limits of the Village of Waterford, shall be zoned A-1 Holding Subdistrict.
(2)
Regulation. The A-1 Holding Subdistrict shall be subject to the provisions of Division 23 of Chapter 20 of the Racine County Code of Ordinances as adopted, administered and further limited by the provisions of this article.
B.
A-2 Holding.
(1)
Location: all of that land zoned A-2 General Farming and Residential District II on the date of enactment of this article, identified as all of that land within the Extraterritorial Zoning District which lies south of the east-west center line of Section 25 and west of the westerly corporate limits of the Village of Waterford, along with all of that land lying south of the east-west center line of Section 25 and east of the easterly right-of-way line of State Highway 36, excluding therefrom all of that land identified as Tax Identification Parcel 016-04-19-25-021-001 as it existed on the effective date of this article and as legally described in Subsection C(1), shall be zoned A-2 Holding Subdistrict.
(2)
Regulation. The A-2 Holding Subdistrict shall be subject to the provisions of Division 24 of Chapter 20 of the Racine County Code of Ordinances as adopted, administered and further limited by the provisions of this article.
C.
B-3 Holding.
(1)
Location: all of that land zoned B-3 Commercial Service District on the date of enactment of this article, identified as all of that land within the Extraterritorial Zoning District which lies north of the east-west center line of Section 25 and east of the easterly right-of-way line of State Highway 36, along with all of that land identified as Tax Identification Parcel 016-04-19-25-021-001 as it existed on the effective date of this article, and legally described as:
That part of the Northeast 1/4 of the Southeast 1/4 of Section 25, Town 4 North, Range 19 East of the Fourth Principal Meridian in the Town of Waterford and being more particularly described as follows: | |
Commerce at the Northeast corner of said Southeast 1/4 Section; thence S 01-08-23 E along the East line of said Southeast 1/4 Section, 50.03 feet (recorded as 50 feet); thence S 89-09-42 W 63.52 feet to the point of beginning of this description; thence S 31-05-10 W 530.48 feet; thence N 66-22-55 W 246.05 feet to a point on the Easterly line of STH 36; thence N 18-41-56 E along the East line of said Highway 106.42 feet; thence N 31-05-10 E along the East line of said Highway 297.41 feet; thence N 89-09-42 parallel with and 50 feet south of the North line of the Southeast 1/4 of Section 25, 311.57 feet to the place of beginning shall be zoned B-3 Holding Subdistrict. |
(2)
Regulation. The B-3 Holding Subdistrict shall be subject to the provisions of Division 18 of Chapter 20 of the Racine County Code of Ordinances as adopted, administered and further limited by the provisions of this article.
D.
ETWPA.
(1)
Location: all of that land lying within the Wellhead Protection Zone for Well Nos. 4 and 5 and delineated on "Exhibit A — Wells No. 4 and 5 Wellhead Protection Area" to the "Wellhead Protection Plan for the Village of Waterford Municipal Wells No. 4 and No. 5," which lies within the Extraterritorial Zoning District, shown on the map attached hereto[1] as all of that land lying within the heavy dotted lines and outside of the Village boundaries, described as follows: all of that land lying within Sections 25 and 36, Town 4 North, Range 19 East, of the Town of Waterford, County of Racine, State of Wisconsin, described as: Commencing at the center of Section 25 T4N R19E; thence S 87-56-46 W, 238.5 feet; thence southeasterly along the northeast right-of-way line of State Highway "164", 516.1 feet to the quarter section line of Section 25; thence S 0-16-26 E, 656.8 feet; thence S 87-40-44 W 1093.4 feet; thence N 0-16-26 W, 502.8 feet; thence N 42-42-34 E, 1311.6 feet; thence N 87-52-2 E, 1563.1 feet; thence S 51-26-13 E, 1656.8 feet; thence S 0-9-16 E, 1673.9 feet; thence S 45-0-0 W, 1515.6 feet; thence S 87-44-28 W, 803.4 feet to the west right-of-way line of State Highway "36"; thence northerly along said right-of-way to the northeast right-of-way line of State Highway "164"; thence N 0-13-3 W, 1694.3 feet; thence S 87-52-3 W, 1328.6 feet to the point of beginning shall be zoned ETWPA (Extraterritorial Wellhead Protection Area Overlay District).
[1]
Editor's Note: The map is on file in the Village offices.
(2)
Regulation.
(a)
Within the ETWPA, land use and activities in the recharge area of Well No. 4 and No. 5 of the Village of Waterford shall be regulated for the purpose of protecting the groundwater recharge area for Well No. 4 and No. 5 from contamination. The ETWPA is necessary to institute land use regulations and restrictions within the area which contributes water directly to the municipal water supply, so as to promote public health, safety and welfare in the Village and to minimize public costs.
(b)
The regulations specified in this section shall apply to the areas of the Town of Waterford that lie within the area identified as the ETWPA and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between the provisions of this overlay district and the underlying zoning district, the more restrictive provision shall apply.
(c) AQUIFER CONE OF DEPRESSION FIVE-YEAR TIME OF TRAVEL MUNICIPAL WATER SUPPLY RECHARGE AREA THIRTY-DAY TIME OF TRAVEL ZONE OF SATURATION
Definitions. As used in this section, the following terms shall have the meanings indicated:
A saturated permeable geologic formation that contains and will yield significant quantities of water.
The area around a well, in which the water level has been lowered at least one foot by pumping of the well.
The recharge area upgradient of the cone of depression, the outer boundary of which it is determined or estimated that groundwater will take five years to reach a pumping well.
The municipal water supply of the Village of Waterford.
In general, the recharge area is the area which encompasses all areas or features that, by surface infiltration of water that reaches the zone of saturation of an aquifer, supplies groundwater to a well. The minimum separation distance between a well and certain potential contaminants is 1,200 feet, and, where the actual recharge area is less than 1,200 feet from a well, "recharge area" as used herein includes all of those areas lying within 1,200 feet from a well or within the five-year time of travel, whichever is greater.
The recharge area upgradient of a well, or its cone of depression, the outer boundary of which it is determined or estimated that groundwater will take 30 days to reach a pumping well.
The saturated zone is the area of unconsolidation, fractured or porous material that is saturated with water and constitutes groundwater.
(d)
Permitted uses. Permitted uses within the ETWPA are subject to the separation distance requirements set forth in Subsection D(2)(e) below, and the prohibition of uses, activities or structures designated in Subsection D(2)(f) below, and are also subject to the underlying zoning requirements, and include:
[1]
Public and private parks, provided there are no on-site wastewater disposal systems or holding tanks within the applicable separation distance required in Subsection D(2)(e).
[2]
Playgrounds.
[3]
Wildlife areas and natural areas.
[4]
Trails such as biking, hiking, skiing, nature and fitness trails.
(e)
Separation distance requirements. The following separation distances as specified in Wis. Admin. Code s. NR 811.16(4)(d) shall be maintained [and even though a separation distance is listed here, the used may be further regulated in Subsection D(2)(f)]:
[1]
Between Well No. 4 or 5 and a stormwater sewer main or any sanitary sewer main constructed of water main materials and joints which is pressure tested in place to meet current AWWA 600 specifications: 50 feet.
[2]
Between Well No. 4 or 5 and any sanitary sewer main, sanitary sewer manhole, lift station or single-family residential fuel oil tank: 200 feet.
[3]
Between Well No. 4 or 5 and a septic tank or soil adsorption unit receiving less than 8,000 gallons per day or a stormwater drainage pond: 400 feet.
[4]
Between Well No. 4 or 5 and any gasoline or fuel oil storage tank installation that has received written approval from the Department of Commerce or its designated agent under Wis. Admin. Code s. Comm 10.10: 600 feet.
[5]
Between Well No. 4 or 5 and land application of municipal, commercial or industrial waste; or industrial, commercial or municipal waste water storage structures: 1,000 feet.
[6]
Between Well No. 4 or 5 and any post-consumer recycling facility engaged in solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the Department of Commerce or its designated agent under Wis. Admin. Code s. Comm 10.10; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities: 1,200 feet.
[7]
Separation distances listed in Wis. Admin. Code s. NR 811.16(4)(d) but not listed in this subsection shall be applicable in the Extraterritorial Wellhead Protection Overlay District.
(f)
Prohibited uses. The method of regulation by prohibition of certain uses is employed to provide the greatest assurance that inadvertent discharge of pollutants into the groundwater supply will not occur, since such an event would result in almost certain contamination of the public water supply and costly mitigation or remediation for which liability is difficult or impossible to establish. The prohibited uses, activities or structures inside the ETWPA include:
[1]
Above- and below-ground hydrocarbon or petroleum storage tanks that have not received written approval from the Department of Commerce or its designated agent under Wis. Admin. Code s. Comm 10.10.
[2]
Cemeteries.
[3]
Chemical manufacturers (Standard Industrial Classification Major Group 28).
[4]
Bulk coal storage.
[5]
Dry cleaners with on-site cleaning facilities.
[6]
Hazardous, toxic or radioactive materials transfer and storage under Title III or SARA planning.
[7]
Industrial lagoons and pits.
[8]
Landfills and any other solid waste facilities, except post-consumer recycling.
[9]
Manure storage or manure stacks or storage structures.
[10]
Nonmetallic earthen materials extraction or sand and gravel pits.
[11]
Bulk pesticide and bulk fertilizer transfer or storage.
[12]
Railroad yards and maintenance stations.
[13]
Rendering plants and slaughterhouses.
[14]
Bulk salt or bulk deicing material storage.
[15]
Salvage or junk yards.
[16]
Septage or sludge spreading, storage or treatment.
[17]
Septage, wastewater, or sewage lagoons.
[18]
Private on-site wastewater treatment systems or holding tanks receiving 8,000 gallons per day or more.
[19]
Stockyards and feedlots.
[20]
Vehicular services stations, repair, renovation and body working [Gasoline filling stations are allowed if they meet the separation distance requirements in Subsection D(2)(e).]
[21]
Wood preserving.
[22]
The boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under NR 718 while that facility is in operation.
(g)
Requirements for existing facilities which may cause or threaten to cause environmental pollution. Existing facilities within the ETWPA at the time of enactment of this section which may cause or threaten to cause environmental pollution include, but are not limited to, those which are named in the Wisconsin Department of Natural Resources current "Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution," or the Wisconsin Department of Commerce's list of underground storage tanks or list of facilities with hazardous solid waste permits, and all other facilities which are considered a prohibited use in Subsection D(2)(f), all of which are incorporated herein as if fully set forth.
[1]
Such facilities as above which exist within the ETWPA at the time of enactment shall provide copies of all federal, state and local facility operation approval or certificates and on-going environmental monitoring results to the Village.
[2]
Such facilities as above which exist within the ETWPA at the time of enactment shall provide environmental or safety structures/monitoring to include an operational safety plan, hazardous material containment, best management practices, stormwater runoff management and groundwater monitoring.
[3]
Such facilities as above which exist within the ETWPA at the time of enactment shall replace equipment, or expand on the site or property of record associated with the facility, in a manner that improves the environmental and safety technologies already being utilized.
[4]
Such facilities as above which exist within the ETWPA at the time of enactment shall have the responsibility of devising, filing and maintaining, with the Village, a contingency plan which details how they intend to respond to any emergency which occurs at their facility, including notifying municipal, county and state officials.
[5]
Such facilities as above shall not engage in or employ a use, activity, or structure listed in Subsection D(2)(f) above which they did not engage in or employ at the time of the enactment of this section, and may only expand those present uses, activities, or structures on the site or property of record associated with the facility at the time of enactment in a manner that improves the environmental and safety technologies already being utilized.
(h)
Changing technology.
[1]
The uses prohibited in the ETWPA are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by a particular use considered to be of a high risk for pollution to the groundwater resource. As the technology of other uses change to low- or non-risk materials or methods, upon petition from such use, after conferring with the Department of Natural Resources, or other expert opinion, and after appropriate public notice and hearing, the Village through appropriate procedures and actions to change these provisions of the Municipal Code, as set forth in § 245-84C, may remove from the designated prohibited uses such uses as are demonstrated convincingly that they no longer pose a groundwater pollution hazard.
[2]
In dealing with uses which attempt to become permissible, under the terms of the ETWPA, by continuing to use pollutant materials but altering their processing, storage and handling, it is not the intention to accept alternate or reduced hazards as the basis for making a use permissible. It is the intention to continue a prohibition on such uses until the technology of the use removes reliance upon the pollutant materials or processes deemed to be a groundwater hazard.
§ 245-105 Compliance, zoning permits, changes and amendments.
A.
Compliance. No structure, land, development or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered except in conformity with the regulations specified herein for the district, subdistrict and overlay district in which it is located. Nothing in this section shall prevent the continuance of the present occupancy or lawful use of any existing building, except as may be necessary for the safety of life and property. A zoning permit pursuant to this section shall be required prior to the issuance of a building permit from the Town of Waterford.
B.
Zoning permits.
(1)
Permit required. No building or structure shall hereafter be erected or structurally altered, and the use of land shall not be changed within the Extraterritorial Zoning District until a zoning permit is applied for and issued in compliance with the provisions of this article regulating the use of the land, location of all buildings, setback lines and all other zoning requirements as herein prescribed for the district and each subdistrict and overlay district. Compliance shall be evidenced by the issuance of a zoning permit by the Zoning Administrator, except for gardening purposes.
(2)
Application. An application for a zoning permit required by this section shall contain a location sketch in duplicate, drawn to scale, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the proposed or existing building(s) and/or accessory building(s), the lines within which the building(s) shall be erected, altered or moved, the existing or intended use of each building or part of a building, the number of families the building is intended to accommodate and such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this section. In any case, no permit will be issued unless the applicant indicates the intended use of the land and/or buildings.
(3)
Permit approval. Except as otherwise provided in this section, the Zoning Administrator shall issue or refuse to issue a Zoning permit within a reasonable time after receipt of an application therefor. Refusal to issue a zoning permit shall be given in writing, with the reasons for such refusal.
(4)
Appeals. If a zoning permit is denied by the Zoning Administrator, or any person alleges an error in a decision by the Zoning Administrator under this section, an appeal may be made to the Board of Appeals pursuant to § 245-54 of the Village of Waterford Municipal Code.
(5)
Fees. There shall be a fee for an application for a zoning permit pursuant to this section in the amount of $35, to be submitted together with the application for the permit; however, if the applicant must also obtain a zoning permit from Racine County for the same building or use on the same land, the fee payable to the Village shall be waived.
C.
Changes and amendments.
(1)
Any landowner within the Extraterritorial Zoning District may petition the Village Board to rezone his or her land to a zoning district set forth in the Racine County Code of Ordinances. Any person who shall petition the Village Board to amend, supplement or change the district boundaries or regulations herein or subsequently established thereby requiring notice by publication and a hearing thereon, shall pay to the Treasurer at the time of submitting the petition and prior to any publication or hearing thereon, a fee of $150 to defray the necessary costs and expenses of publication and hearing, which shall be paid into the Village Treasury and no part thereof shall be returned to the applicant regardless of the disposition of the petition.
(2)
The Village Board may, from time to time on its own motion or on petition, amend, supplement or change the district boundaries or the regulations herein.
(3)
Any amendment, whether by petition or otherwise, shall proceed pursuant to the provisions of Wis. Stat. § 62.23(7a)(f) and shall require recommendation and report by the Joint Extraterritorial Zoning Committee.
§ 245-106 Enforcement; violations and penalties.
A.
Any building or structure hereafter erected, moved or structurally altered or any use hereafter established in violation of any of the provisions of this article shall be deemed an unlawful building, structure or use. The Zoning Administrator shall promptly report all such violations to the Village Attorney, who shall bring action to enjoin the construction, moving or structural alteration of such building or the establishment of such use or to cause such building, structure or use to be vacated or removed.
B.
Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this article may also be required, upon conviction, to forfeit not less than $25 nor more than $200 for each offense, together with the costs of prosecution; and in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the County Jail of Racine County until such forfeiture and costs are paid, but not to exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense.
C.
In addition, the following provisions apply:
(1)
In the event any person, partnership, corporation, or other legal entity (hereinafter "person") that owns or operates a "facility" as defined in § 245-83D(2)(g), (Requirements for existing facilities which may cause or threaten to cause environmental pollution), and that person/facility causes, or is the site of, the release of any contaminants which endanger the municipal water supply associated with the ETWPA, the activity causing said release shall immediately cease, and a cleanup satisfactory to the Village shall occur.
(2)
The person/facility shall be responsible for all costs for cleanup, Village consultant or outside contractor fees, fees at the invoice amount plus administrative costs for oversight, review and documentation, plus the following:
(a)
The cost of Village employees' time associated in any way with the cleanup based on the hourly rate paid to the employee multiplied by a factor determined by the Village representing the Village's cost for expenses, benefits, insurance, sick leave, holidays, worker's compensation, holidays, overtime, vacation, and similar benefits.
(b)
The cost of Village equipment employed in the cleanup.
(c)
The cost of mileage incurred on Village vehicles used in any activity related to the cleanup, or of mileage fees reimbursed to Village employees attributed to the cleanup.
(d)
See also Chapter 137, Hazardous Materials, of the Village of Waterford Municipal Code.
§ 245-107 Severability; nonliability.
A.
If any section, clause, provision or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby.
B.
If any application of this article to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in such judgment.