[Added 1-24-2005 by Ord. No. 463]
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.
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).
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.
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]
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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:
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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.
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[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.
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:
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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:
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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.
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(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.
[6]
Agricultural activities which are conducted
in accordance with United States Department of Agriculture, Natural
Resources Conservation Service, Wisconsin Technical Guide, Nutrient
Management Standard 590 (see Wis. Admin. Code ch. NR 151 and ch. ATCP
50).
(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.
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.
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.
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.
