[Added 1-23-2008 by Ord. No. 2007-21]
A.
The purpose of the Source Water Protection Area Ordinance
is to ensure the protection of the public drinking water supply from
contamination. The Town of Georgetown herein adopts the overlay maps
delineating, as source water protection areas: wellhead protection
and excellent groundwater recharge potential areas. To ensure the
protection of these drinking water supplies, this article establishes
a zoning overlay to be known as the Source Water Protection Overlay.
The purpose of the Source Water Protection Overlay is to protect public
health and safety by minimizing contamination of aquifers, preserving,
and protecting existing and potential sources of drinking water supplies.
It is the intent to accomplish this through both public education
and public cooperation, as well as by creating appropriate land use
regulations that may be imposed in addition to those currently imposed
by existing zoning districts or other state and county regulations.
B.
The Source Water Protection Area Maps are superimposed
on current zoning districts. It shall apply to all new construction,
redevelopment, or expansion of existing buildings and new or expanded
uses. Applicable activities/uses allowed in a portion of one of the
underlying zoning districts that fall within the Source Water Protection
Overlay must additionally comply with the requirements of this district.
Uses prohibited in the underlying zoning districts shall not be permitted
in the Source Water Protection Overlay District.
This section defines words, terms, and phrases
found in this article.
An AST is 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 diesel, heating fuel or kerosene
are subject to the design, construction, operation, and maintenance
requirements of the Delaware AST regulations.
A person, firm, or government agency that executes the necessary
forms to obtain approval or a permit for any zoning, subdivision,
land development, building, land disturbance, or other activity regulated.
A geological formation, group of formations or part of a
formation composed of rock, sand, or gravel capable of storing and
yielding groundwater to wells.
Are defined in terms of either those substances specifically
designated as hazardous under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), otherwise known as the Superfund
Law, or those substances identified under other laws. In all, the
Superfund Law includes references to four other laws to designate
more than 800 substances as hazardous, and identify many more as potentially
hazardous due to their characteristics and the circumstances of their
release. See: http://www.epa.gov/superfund/programs/er/hazsubs/cercsubs.htm
Any physical, chemical, biological, or radiological substance
that enters the hydrological cycle through human action and may cause
a deleterious effect on groundwater resources; it shall include but
is not limited to hazardous waste, limiting nutrients, and sanitary
sewage.
The process of defining and/or mapping a boundary that approximates
the areas that contribute water to a particular water source used
as a public water supply.
A report required by this article that assesses the environmental
characteristics of a source water protection area and determines what
effects or impacts will result if the area is altered or disturbed
by a proposed action that would increase impervious cover beyond the
recommended 20% threshold.
Those areas with high percentages 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.
An individual who is registered in the State of Delaware
to practice the profession of geology.
Those areas with a significant percentage of sand and gravel
that have a good 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.
The water contained in interconnected pores located below
the water table in an unconfined aquifer or located in a confined
aquifer.
An underground storage tank system that contains a hazardous
substance defined in Section 101(14) of the CERCLA (but not including
any substance regulated as a hazardous waste under RCRA Subtitle C)
or any mixture of such substances and petroleum, and which is not
a petroleum UST system.
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
irreversible illness, or pose a substantial present or potential a
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.
Surfaces providing negligible infiltration such as pavement,
concrete, graded aggregate, buildings, recreation facilities (e.g.
tennis courts, swimming pools, etc.).
Open space that is essentially unimproved and set aside,
dedicated, designated, or reserved for public or private use.
An existing use of a lot or a building that was legal at
the time of its creation that is not permitted by this chapter in
the district in which it is located.
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.
Refers to recreation that involves existing natural resources
and has a minimal impact because they do not require the alteration
of existing topography. Such passive recreation shall include but
not be limited to nonmotorized vehicles, hiking, bicycling, picnicking,
and bird-watching.
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.
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 proposed expansion, addition, or major change to an existing
building, structure, or parking facility.
That portion of precipitation or snowmelt that has not evaporated
or infiltrated into the soil, but flows on land or impervious surfaces
and discharges to a swale, ditch or stream.
A land site at which solid waste is deposited on or into
the land as fill for the purpose of permanent disposal, except that
it will not include any facility that has been approved for the disposal
of hazardous waste under the Delaware Regulations Governing Hazardous
Waste.
A process for the review and approval of a development or
redevelopment plan prior to the issuance of a development.
Refers to any aquifer from which water is drawn either periodically
or continuously by a public water system.
Created by Congress as part of the Safe Drinking Water Act
Amendments of 1996. The goal of the SWAPP is to better protect public
drinking water resources by providing local and state governments
and the public more information about those resources. The susceptibility
of each source of public drinking water to various types of contamination
will be determined and published.
The area delineated by DNREC Source Water Assessment and
Protection Program that contributes water to a public water supply
system.
The October 1999 U.S. EPA approved plan for evaluating the
sources of public drinking water in Delaware for their vulnerability
and susceptibility to contamination.
The identification and evaluation of the sources of water
within the state used by public water systems in an effort to determine
the vulnerability and susceptibility to contamination.
The runoff of water from the surface of the land resulting
from precipitation or snow or ice melts.
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 or activities
upon the land.
Wellhead protection areas and excellent groundwater recharge
potential areas.
The Town of Georgetown, Delaware.
An UST is 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.
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.
Lands or buildings that are not actively used for any purpose
as designated in the underlying zoning district/overlay for one year.
Solid, semisolid or water-carried waste from septic tanks,
water closets, residences, building, industrial establishments, or
other places, together with such groundwater infiltration, subsurface
water, and mixtures of industrial wastes or other wastes as may be
present.
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 upper terminal of a well, including adapters, ports,
seals, valves, and other attachments.
Surface and subsurface areas surrounding public water supply
wells or well fields where the quantity or quality of groundwater
moving toward the wells or well fields may be adversely affected by
land use activity.
The March 1990 U.S. EPA approved plan for protecting the
quality of drinking water derived from public water supply wells in
Delaware.
The surface area extending to a minimum one-hundred-fifty-foot
radius around the wellhead.
The remaining surface area of the delineated wellhead protection
area outside Zone 1.
Exist where a WHP Zone 2 area overlays an excellent groundwater
recharge potential area.
A.
Source water protection areas (SWPAs) are wellhead
protection areas and excellent groundwater recharge potential areas.
All such areas are as depicted on Source Water Protection Area Maps
located in the Town Administrative Offices as adopted as part of the
Town's Comprehensive Land Use Plan. These maps are also available
in GIS overlays from Delaware Department of Natural Resources and
Environmental Control, Division of Water Resources, Source Water Assessment
and Protection Program.
B.
These areas shall be managed as required by the following
sections to protect public drinking water resources from activities
and substances that may harm water quality and subtract from overall
water quantity.
Activities shall be subject to the land use
restrictions contained within this article that will protect the quality
and quantity of groundwater supplies. All uses not permitted in the
underlying zone district are prohibited.
|
Table 1
| |||||
|---|---|---|---|---|---|
|
Land Use Restrictions and Uses, Source
Water Protections Areas
| |||||
|
Land Use
|
Wellhead Protection Area
|
Groundwater Recharge Potential Area
| |||
|
Zone 1
|
Zone 2
|
Zone 3
|
Excellent
|
Good
| |
|
Aboveground storage tanks (any size) See § 230-224A(2).
|
N
|
n/a
| |||
|
Automobile body/repair shop
|
N
|
C
|
C
|
C
|
n/a
|
|
Chemical processing/ storage facility
|
N
|
C
|
C
|
C
|
n/a
|
|
Dry cleaner
|
N
|
N
|
N
|
N
|
n/a
|
|
Electrical/ electronic manufacturing facility
|
N
|
C
|
C
|
C
|
n/a
|
|
Equipment maintenance/ fueling areas
|
N
|
C
|
C
|
C
|
n/a
|
|
Fleet/ trucking/ bus terminal
|
N
|
C
|
C
|
C
|
n/a
|
|
Gas station
|
N
|
C
|
C
|
C
|
n/a
|
|
Hazardous substance UST (any size)
|
N
|
N
|
N
|
N
|
n/a
|
|
Hazardous waste
|
N
|
N
|
N
|
N
|
n/a
|
|
Dry wells/sumps
|
N
|
n/a
| |||
|
Injection wells (used in remediation practices)
|
Y
|
n/a
| |||
|
Infiltration Type SWM structure
|
N
| ||||
|
Junk/scrap/ salvage yard
|
N
|
C
|
C
|
C
|
n/a
|
|
Land divisions resulting in high density (Greater
than 1 acre)
|
N
|
C
|
C
|
C
|
n/a
|
|
Machine shop
|
N
|
C
|
C
|
C
|
n/a
|
|
Manure storage
|
N
|
N
|
N
|
n/a
| |
|
Metal plating/ finishing/ fabricating facility
|
N
|
C
|
C
|
C
|
n/a
|
|
Mines/gravel pit
|
N
|
n/a
| |||
|
On-site wastewater treatment and disposal systems
|
N
|
N
|
N
|
N
|
n/a
|
|
Permanent sheet piling
|
N
|
n/a
| |||
|
Treated timber pilings
|
N
|
N
|
N
|
N
|
n/a
|
|
Underground storage tanks (any size)
|
N
|
C
|
C
|
C
|
n/a
|
|
Vessel storage (incl. vehicles)
|
N
|
C
|
C
|
C
|
n/a
|
|
Wood preserving/ treating facility
|
N
|
N
|
N
|
N
|
n/a
|
|
N — NO
|
|
Y — YES
|
|
C — CONDITIONAL
|
|
NOTES:
|
|
Conditional
|
|
Dry wells/sumps, except for single-family residences
directing gutter downspouts to a drywell.
|
|
Injection wells other than those used in the
remediation of groundwater contamination that inject oxygen-releasing
compounds.
|
A.
The DNREC Source Water Assessment and Protection Program
delineate wellhead protection areas (WHPAs) to ensure the integrity
of public drinking water. Deep wells drilled into confined aquifers
and low-volume wells in unconfined aquifers have, at minimum, a one-hundred-fifty-foot
radius wellhead protection area. The wellhead protection area surrounding
public supply wells in unconfined aquifers that pump more than 50,000
gallons per day are delineated using a mathematical model. This type
of well draws large quantities of water and can have much larger wellhead
protection areas. Zone classifications have been created to manage
land use within the wellhead protection area. They are defined as:
(1)
Wellhead Protection (WHP) Zone 1 is the surface
area extending in one-hundred-fifty-foot radius around the wellhead.
Land use restrictions within Zone 1 are required to insure adequate
protection of public drinking water supply.
(2)
Wellhead Protection (WHP) Zone 2 is the remaining
surface area of the wellhead protection area outside Zone 1. Land
use restrictions within Zone 2 are required to insure adequate protection
of public drinking water supply.
(3)
Wellhead Protection (WHP) Zone 3 exist where
a WHP Zone 2 area overlays an excellent groundwater recharge potential
area. Land use restrictions within Zone 3 may be required to insure
adequate protection of public drinking water supply.
B.
Zone requirements.
(1)
WHP Zone 1 requirements.
(a)
Parcels of land within a WHP Zone 1 wellhead
protection area will be preserved in a natural condition with the
exception of land disturbance or impervious surface limited to building
and access associated with the well and distribution and treatment
facilities and their maintenance.
(b)
Aboveground storage tanks for materials used
in the treatment facility operation are permitted, with spill containment.
(c)
Underground storage tanks and hazardous substance
USTs are prohibited, including those not regulated by DE RGUSTS.
(d)
Stormwater runoff will be diverted away from
the wellhead.
(e)
Stormwater infiltration practices designed to
handle runoff are prohibited.
(f)
The minimum lot area for a proposed public water
supply well and related facility drawing from a confined aquifer shall
be one acre and the minimum lot area for a public well drawing from
an unconfined aquifer shall be two acres.
(g)
On-site wastewater and disposal systems shall
not be permitted.
(2)
WHP Zone 2 requirements.
(a)
Impervious cover. Wellhead protection areas within Zone 2 should not exceed 35% impervious cover. New development in this Zone may exceed the impervious cover threshold of 35% within wellhead protection areas, but shall be no more than 50% impervious cover, provided the applicant submits an Environmental Assessment Impact Report (see § 230-228, Environmental Assessment Impact Report). Any Environmental Assessment Impact Report is subject to review and approval by the Town and DNREC.
(b)
Stormwater.
[1]
Stormwater shall be treated by an approved stormwater
quality management practice in accordance with current requirements
of the Delaware Sediment and Stormwater Regulations dated October
11, 2006, or as later revised.
[2]
For all new construction, all structures shall
be required to discharge into recharge systems, where feasible. Recharge
systems shall be in accordance with Section 10.0 of the Delaware Sediment
and Stormwater Regulations dated October 11, 2006 or as later revised.
(c)
Underground storage tanks.
[1]
Underground storage tanks with a capacity greater
than 110 gallons containing petroleum, and Residential and Agricultural
USTs with a capacity greater than 1,100 gallons containing heating
fuel or motor fuel shall be permitted in a designated wellhead area
if the USTs are designed, constructed, maintained, and operated in
accordance with the Delaware Regulations Governing Underground Storage
Tank Systems, or as later revised. (NOTE: Regulated USTs must be constructed
with secondary containment of the tanks and piping and must have continuous
monitoring for releases.)
[2]
Underground storage tanks with a capacity greater
than 110 gallons containing a hazardous substance as defined in CERCLA
§ 101(14) shall be permitted in a designated wellhead area
if the USTs are designed, constructed, maintained and operated in
accordance with the Delaware Regulations Governing Underground Storage
Tank Systems. (NOTE: Regulated USTs must be constructed with secondary
containment of the tanks and piping and must have continuous monitoring
for releases.)
(d)
Aboveground storage tanks. Aboveground storage
tanks with a capacity greater than 12,499 gallons containing petroleum
or hazardous substances, and ASTs with a storage capacity greater
than 39,999 gallons containing diesel, heating fuel or kerosene shall
be permitted in a delineated wellhead area if the ASTs are designed,
constructed, operated and maintained with the applicable requirements
in of the Delaware Regulations Governing Aboveground Storage Tanks.
(e)
Wastewater treatment and disposal systems. On-site
wastewater treatment and disposal systems shall not be permitted.
A.
All subdivision and land development plans depicting
development or land disturbance submitted for Town review shall be
evaluated for the existence of source water protection areas. All
such areas are as depicted on Source Water Protection Area Maps located
in Town Administrative Office as adopted as part of the Comprehensive
Land Use Plan. These maps are also available in GIS overlays. Maps/overlays
are available from Delaware Department of Natural Resources and Environmental
Control (DNREC), Division of Water Resources, Source Water Assessment
and Protection Program (SWAPP). If a SWPA exists within a proposed
development site, the boundaries of these areas shall be delineated
on the plan by the applicant's State of Delaware professional engineer
or professional geologist.
B.
DNREC SWAPP may, when based on sound science and information,
revise and update the overlay maps of wellhead protection areas for
adoption by the Town related to this article.
C.
The Delaware Geological Survey (DGS) may, when based
on sound science and information, revise and update the overlay maps
of excellent groundwater recharge potential areas for adoption by
the Town related to this article.
D.
When there appears to be a conflict between the mapped
boundary and actual site conditions, the applicant may engage the
services of a professional geologist to prepare a report intended
to determine more accurately the precise boundary of the source water
protection area. The report shall include:
(1)
A detailed topographic layout of the subdivision
and/or area to be developed and prepared by a state-registered professional
land surveyor or professional geologist.
(2)
Evidence derived from a site-specific investigation
that may include aquifer testing, test borings, test pits, observation
wells, groundwater elevations, and topography surveys as appropriate
for the type of source water protection area that clearly demonstrate
that the area in question does not meet the definition of a source
water protection area as defined.
(3)
Any challenges to the delineations of the good
or excellent groundwater recharge potential areas must follow the
methods used in the Delaware Geological Survey publication Report
of Investigations No. 66, Groundwater Recharge Potential Mapping in
Kent and Sussex Counties, Delaware. The challenge must be approved
by DGS and DNREC SWAPP, and adopted by the Town related to this article.
(4)
Notwithstanding any other section of this chapter,
if an owner initiates a precise boundary delineation pursuant to this
section, any and all time review limitations shall be stayed pending
the submission of the complete report contemplated by this section.
Following submission of the report and all supporting documents, the
Department shall have 90 days to finally approve or disapprove the
exploratory sketch plan submission or such further time as deemed
necessary by the Department, but not to exceed an additional 90 days).
A.
Impervious cover restrictions. Site modifications
that require site plan approval should attempt to maintain or reduce
the amount of impervious cover on the site when compared to pre-redevelopment
conditions, as feasible.
B.
Stormwater. Sites that do not meet the impervious
cover restrictions must employ infiltration practices, where feasible.
Stormwater shall be treated by an approved stormwater quality management
practice in accordance with current requirements of the Delaware Sediment
and Stormwater Regulations dated October 11, 2006 or as later revised.
A.
New development in Georgetown may exceed the impervious
cover threshold of 35% within excellent groundwater recharge potential
areas and WHP Zone 2, but be no more than 50% impervious, provided
the applicant submits an environmental assessment report including
a climatic water budget and systems to augment recharge that assure
water quality as well as quantity. The environmental impact assessment
must document that postdevelopment recharge will be no less than predevelopment
recharge when computed on an annual basis.
B.
Commonly, the applicant offsets the loss of recharge
due to impervious cover by constructing recharge basins (except Zone
1) that convey pretreated rooftop runoff for infiltration to groundwater.
Refer to Supplement 1, entitled "Groundwater Recharge Design Methodology"
for the details of how to design recharge facilities in Delaware source
water protection areas.
C.
Delaware registered professional engineer and/or professional
geologist prepares an environmental assessment report, usually containing
the following elements of planning, design, construction, and maintenance
of groundwater recharge facilities:
(1)
Site description of proposed development within
the water resource protection area.
(2)
Climatic water balance comparing predevelopment
and postdevelopment recharge potential.
(3)
Subsurface exploration including seasonal water
table, borings, test pits, and infiltration tests.
(4)
Design of groundwater recharge facilities that
assure water quality as well as quantity.
(5)
Construction and maintenance considerations.
(6)
Recommended groundwater monitoring plan.
(7)
Water management agreement between the applicant
and the town, city, or county providing for monitoring and maintenance
of the recharge system. The applicant will abide by the Groundwater
Management Agreement as written in DNREC Supplement 1 to the Source
Water Protection Guidance Manual for the Local Governments of Delaware:
Groundwater Recharge Design Methodology, dated May 2005 or as later
revised.
Nonconforming uses may continue in wellhead
protection areas and excellent groundwater recharge potential areas
in the form in which they existed at the time of the adoption of this
article, unless they pose a direct hazard to the Town's water supply,
as determined by the Town upon advice from the Delaware Division of
Public Health, or are causing some foreign substances (oil, salts,
chemicals, or other substances) to be introduced into the Town's water
supply, as determined by the Town upon advice from DNREC's Division
of Air and Waste Management and/or Division of Water Resources. In
the latter case, the Town shall have the authority to issue a mandatory
cease and desist to stop the offending activity within the area. Nonconforming
existing underground or aboveground storage of oil, petroleum, and
petroleum products shall require secondary containment pursuant to
the State of Delaware regulations governing underground storage tanks
or for aboveground storage of petroleum products secondary containment
facilities capable of capturing the material stored on the site, for
existing facilities that are proposed either to be upgraded or replaced.
A.
The replacement of any existing public water supply
well that was not required to meet this wellhead protection requirement
at the date of its original installation and that has failed shall
be exempt from meeting this wellhead protection requirement.
B.
Nothing in this article shall prohibit the Town from
locating new wells inside or outside the municipal boundaries as may
be in the best interests of the Town.
C.
Development plans (conceptual, preliminary, final)
that have been reviewed by the Town of Georgetown Planning and Zoning
Commission prior to adoption of this article shall attempt compliance
with the spirit of this article, as practical.
