[HISTORY: Adopted by the Mayor and Council of the City of
Harrington 3-5-2012 by Ord. No. 12-04.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Floodplain regulations — See Ch. 212.
Property maintenance — See Ch. 305.
Sewers — See Ch. 330.
Subdivision of land — See Ch. 370.
Water — See Ch. 425.
Zoning — See Ch. 440.
[1]
Editor's Note: This ordinance also repealed former Ch. 350,
Source Water Protection, adopted 7-4-2008 by Ord. No. 08-03.
This chapter shall be known and referred to and cited as the
"Source Water Protection Ordinance."
City of Harrington residents rely exclusively on groundwater
as their source of drinking water for both large public water supply
systems and individual domestic wells. Although the City has adequate
quantities of groundwater, small amounts of pollution may contaminate
large quantities of groundwater, making it unfit for human consumption,
putting our citizens at greater risk of illness and disease, and imposing
huge costs on residents and rate payers who will be called upon to
finance treatment systems or to secure alternative sources of drinking
water. While a number of state environmental programs regulate various
types of facilities and activities that are potential sources of contamination,
county and municipal governments are responsible for controlling land
use that can assist in providing some long-term groundwater protection.
The purpose of this chapter is to ensure that land use activities
are conducted in such a way as to minimize the impact on, and reduce
the risk of contamination to, excellent groundwater recharge areas
and wellhead protection areas which are the source for public drinking
water in the City of Harrington. This chapter is intended to satisfy
the requirements of the Delaware Source Water Protection Law 2001
as codified in 7 Del. C. § 6082(a), (b), and (f).
A.
Maps prepared and adopted by the Delaware Department of Natural Resources
and Environmental Control delineating the excellent groundwater recharge
and wellhead protection areas in the City of Harrington are hereby
adopted in accordance with 7 Del. C. § 6082(a), (b), and
(f). These maps shall comprise the source water protection areas in
the City. The geographic area of the source water protection area
shall be delineated in the City's Comprehensive Plan and Official
Zoning Map and is identified as Attachment A of this chapter.[1]
[1]
Editor's Note: Attachment A is on file in the City offices.
B.
The Delaware Department of Natural Resources and Environmental Control
periodically shall provide the City of Harrington with updated excellent
groundwater recharge and wellhead protection area maps which, upon
approval by the City, shall be adopted and incorporated into this
chapter.
C.
The excellent groundwater recharge and wellhead protection areas
must be shown on any subdivision plan and any site plan, including
those required for conditional uses.
As used in this chapter, the following terms shall have the
meanings indicated:
A single containment vessel greater than 250 gallons as defined
in the Delaware regulations governing aboveground storage tanks. ASTs
with a storage capacity greater than 12,499 gallons containing petroleum
or hazardous substances, and ASTs with a storage capacity greater
than 39,999 gallons containing diesels, heating fuel or kerosene,
are subject to the design, construction, operation, and maintenance
requirements of the Delaware AST regulations.
Structural, nonstructural and managerial techniques that
are recognized to be the most effective and practical means to control
nonpoint source pollutants yet are compatible with the productive
use of the resource to which they are applied. These are used in both
urban and agricultural areas.
Any physical, chemical, biological, or radiological substance
that enters the hydrologic cycle through human action and may cause
a deleterious effect on groundwater resources.
A report that documents that post-development recharge will
be no less than predevelopment recharge for both water quality and
quantity when computed on an annual basis. At a minimum, the environmental
assessment report must be prepared by a registered professional geologist,
or registered professional engineer familiar with the hydrogeologic
characteristics of Kent County and the City of Harrington, and include
the following elements:
Site description of proposed development within the water resource
protection area.
Climatic water balance comparing predevelopment and post-development
recharge potential for both water quantity and quality.
Subsurface exploration, including borings, test pits, and infiltration
tests.
Design of groundwater recharge facilities that assure water
quality as well as water quantity. The design shall be performed in
accordance with the DNREC supplement to the Source Water Protection
Guidance Manual for the Local Governments of Delaware: Groundwater
Recharge Design Methodology, dated May 2005 or as later revised.
Construction and maintenance considerations.
Those areas with a high percentage of sand and gravel that
have excellent potential for recharge as determined through a stack
unit mapping analysis delineated by the Delaware Geological Survey
and presented in the Report of Investigations No. 66, Groundwater
Recharge Potential Mapping in Kent and Sussex Counties, Delaware,
Geological Survey, 2004. Excellent groundwater recharge areas are
delineated on the excellent groundwater recharge area maps described
in this chapter.
Those practices that achieve stormwater management objectives
by applying the principles of filtration, infiltration and storage
most often associated with natural vegetation and undisturbed soils
while minimizing a reliance on structural components. They may also
be constructed using an imported soil medium and planted with vegetation
designed to promote the natural hydrologic process. These practices
include, but are not limited to, vegetative filtration, riparian buffer
plantings, bioretention areas, vegetative flow conveyance, as well
as recharge and surface storage in undisturbed natural areas.
The water contained in interconnected pores located below
the water table in an unconfined aquifer or located in a confined
aquifer.
A solid waste, or combination of solid wastes, which, because
of its quantity, concentration, or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality, or an increase in serious irreversible or incapacitating
illness, or pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, transported,
or disposed of, or otherwise managed. Without limitation, included
within this definition are those hazardous wastes described in Sections
261.31, 261.32, and 261.33 of the Delaware Regulations Governing Hazardous
Waste.
The sum of parking lots, roads, buildings, sidewalks, or
other created surfaces through which rainwater cannot pass or infiltrate
the soil.
The passage or movement of water through the soil profile.
A land change or construction activity for residential, commercial,
industrial, and institutional land use.
A rating system developed and administered by the U.S. Green
Building Council based in Washington, D.C. It is designed to promote
design and construction practices that increase profitability while
reducing the negative environmental impacts of buildings and improving
occupant health and well-being. The LEED rating system offers four
certification levels for new construction which includes Certified,
Silver, Gold and Platinum; the levels correspond to the number of
credits accrued in five green design categories: sustainable sites,
water efficiency, energy and atmosphere, materials and resources and
indoor environmental quality. LEED standards cover new commercial
construction and major renovation projects, interiors projects and
existing building operations.
Conventional or alternative wastewater treatment and disposal
systems installed or proposed to be installed on land of the owner
or on other land to which the owner has the legal right to install
the system.
A community, noncommunity, or nontransient noncommunity water
system which provides piped water to the public for human consumption.
The system must have at least 15 service connections or regularly
serve at least 25 individuals daily for at least 60 days.
Any well from which the water is used to serve a community
water system by Section 22.146 (Public Water Systems) in the Delaware
State Regulations Governing Public Drinking Water Systems.
Any parcel of land adjacent to a nontidal freshwater water
body, lake, pond, blue-line stream as depicted on the most recent
revision of the United States Geological Survey Topographic Quadrangle
Maps, lake, or wetland under the Jurisdiction of the U.S. Army Corps
of Engineers and/or DNREC. The RBA shall include the water body and
the adjacent area within at least 50 feet from the ordinary high-water
mark of the water body and 25 feet from any wetland under the jurisdiction
of the U.S. Army Corps of Engineers and/or DNREC.
[Amended 5-15-2023 by Ord. No. 23-04]
That portion of precipitation or snow melt that has not evaporated
or infiltrated into the soil, but flows on land or impervious surfaces.
Wellhead protection areas and excellent groundwater recharge
areas.
The runoff of water from the surface of the land resulting
from precipitation or snow or ice melt.
For water quantity control, a system of vegetative, structural,
and other measures that may control the volume and rate of stormwater
runoff which may be caused by land-disturbing activities or activities
upon the land; and for water quality control, a system of vegetative,
structural, and other measures that control adverse effects on water
quality that may be caused by land-disturbing activities upon the
land.
One or a combination of tanks, including underground pipes,
the volume of which is 10% or more below ground, as defined in the
Delaware Regulations Governing Underground Storage Tank Systems, dated
March 12, 1995. The following USTs are not subject to the design,
construction, operation, and maintenance requirements of the Delaware
UST regulations: residential heating fuel, agricultural, and residential
motor fuel USTs less than 1,100 gallons and any UST less than 110
gallons.
Those characteristics of stormwater runoff from an impervious
surface or a land-disturbing activity that relate to the chemical,
physical, biological, or radiological integrity of water.
Those characteristics of stormwater runoff that relate to the
volume of stormwater runoff to downstream-gradient areas resulting
from land-disturbing activities.
Those characteristics of stormwater that relate to the volume
of stormwater that infiltrates the land surface and enters the underlying
aquifer.
The surface and subsurface area surrounding a water well
or well field supplying a public water system through which contaminants
are likely to reach such well, or well field. Wellhead protection
areas are delineated on the wellhead protection area maps described
in this chapter.
A.
All major subdivisions, conditional use site plans, site plans, and revised subdivision or site plans received for approval or reapproval by the Planning Commission shall meet the requirements set forth herein prior to approval, except as provided in § 350-9, Exemptions, below.
B.
All public drinking water well systems constructed after the effective
date of this chapter are required to comply with this chapter.
C.
For developments that are located partially in either a Tier 1 or
Tier 2 source water protection area, only those areas in a source
water protection area are required to comply with this chapter.
D.
Existing developed land which is located in either a Tier 1 or Tier
2 source water protection area will be treated as a nonconforming
use.
E.
The uses and bulk standards which govern the underlying zoning designations
attached to the properties within the source water protection area
shall apply in all instances except where uses are specifically prohibited
by this section and except pertaining to impervious cover. Where issues
of impervious cover are concerned, the provisions of the source water
protection area are the governing provisions, overriding the existing
zoning for the property.
Notwithstanding all applicable provisions contained in the Code
of the City of Harrington and all applicable state and federal regulations,
the following requirements shall apply:
A.
Tier 1: surface area extending a radius of 100 feet around the wellhead.
(1)
Impervious cover shall be prohibited on lands located in a Tier 1
area with the exception of buildings and access associated with the
well and related treatment and distribution facilities.
(2)
The natural runoff flowing into a Tier 1 area shall be allowed and
all new stormwater runoff shall be diverted around the Tier 1 area.
B.
Tier 2: remaining surface area of the wellhead protection area outside
of Tier 1 and excellent groundwater recharge areas.
(1)
New development in Tier 2 source water protection areas may not exceed
gross impervious cover of 50%.
[Amended 5-15-2023 by Ord. No. 23-04]
(2)
New development may exceed the fifty-percent gross impervious cover
threshold up to 75% in residential zoned districts and up to 85% in
commercially zoned districts, provided that either all stormwater
is treated according to green technology best management practices
to remove contaminants and directed into either underground recharge
systems or into permeable surfaces within the excellent groundwater
recharge area or the project is LEED certified (Leadership in Energy
and Environmental Design) in the sustainable sites category, and an
environmental assessment report is provided. In situations where the
existing impervious cover of a property is over 50% and the applicant
desires to alter the property, the gross impervious cover shall be
equal to or less than the original impervious cover percentage of
the original site.
[Amended 5-15-2023 by Ord. No. 23-04]
(3)
New development may exceed the fifty-percent gross impervious cover
threshold if the applicant demonstrates through an environmental assessment
report prepared by a registered professional geologist, or registered
professional engineer familiar with the hydrogeologic characteristics
of Kent County and the City of Harrington, using climatic water budget
that the post-development recharge quantity will meet or exceed the
predevelopment recharge quantity.
[Amended 5-15-2023 by Ord. No. 23-04]
(4)
For all new construction, all structures, including residential dwellings,
shall be required to discharge roof drains into underground recharge
systems or into permeable surfaces. No discharge by roof drains to
impervious surfaces is permitted in excellent groundwater recharge
areas.
(5)
The following uses are prohibited in Tier 2 source water protection
areas:
(6)
Stormwater shall be treated with best management practices that include,
but are not limited to, vegetative filter strips, water quality inlets,
stormwater wetlands, wet extended detention ponds, bioretention swales
and sand filters to remove contaminants.
A.
Intent. This section shall detail the requirements, allowable disturbances,
and permitted construction practices within all riparian buffer areas
within the Town.
B.
The water body buffers shall meet the following standards which are
intended to preserve and enhance existing vegetation and to revegetate
disturbed areas. All riparian buffers shall be mapped to delineate
the resource. No vegetation shall be removed in the RBA, and existing
native vegetation shall be preserved to the maximum extent possible.
An RBA shall extend a minimum of 100 feet past each top of bank for
all water bodies or 50 feet past the floodplain or nontidal wetland
line (whichever is greater). All RBA areas shall be classified as
old field, disturbed land, or meadow, and planted in accordance with
this section where native vegetation is not present. The mapping of
RBAs shall be supplied with an exploratory plan and at subsequent
plan submissions to meet the standards of this section.
C.
Surface water bodies.
(1)
No septic systems shall be allowed within an RBA.
(2)
All developments shall maximize the drainage amount conducted in
natural swales rather than storm sewers. A stormwater system's discharge
to streams or watercourses shall be by sheet flow through a grassland
or discharged from a stormwater management facility having a wetland
or aquatic bench.
(3)
Stormwater runoff from all parking areas shall be directed to a stormwater
management facility before it is discharged into an RBA.
The following are exempt from the requirements of this chapter:
A.
Private residential wells serving individual households.
B.
Wells used for agricultural purposes.
C.
Replacement wells.
D.
Minor subdivisions.
E.
Designated well areas in existing recorded subdivisions.
F.
Revisions to recorded subdivision plans that do not result in the
creation of additional lots.
G.
Minor changes or alterations to approved site plans.
H.
Conditional use applications not requiring site plan review.
I.
Site plans exempted from review by the Planning Commission (Category
B, Administrative Reviews).
J.
Subdivision and land development projects that have been submitted
to the Planning Commission for concept or preliminary plan approval
before the effective date of this chapter.
