The purpose of this article is to:
A. 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 that are
the source for public drinking water in the Town.
B. Satisfy the requirements of the Delaware Source Water Protection
Law 2001 in Title 7, Chapter 60, of the Delaware Code, Subchapter
VI, Source Water Protection, Section 6082 (b) and (f).
The definitions contained in this section pertain to water resources
protection areas. As used in this article, the following terms shall
have the meanings indicated:
ABOVEGROUND STORAGE TANK (AST)
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, operations, and maintenance requirements
of the Delaware AST regulations.
BEST MANAGEMENT PRACTICES
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; used in both urban
and agricultural areas.
EXCELLENT GROUNDWATER RECHARGE AREAS
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
(DGS) and presented in the Report of Investigations No. 66, Ground-water
Recharge Potential Mapping in Kent and Sussex Counties, Delaware,
Geological Survey, 2004.
GREEN TECHNOLOGY BEST MANAGEMENT PRACTICES (BMPs)
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.
HAZARDOUS WASTE
A solid waste, or combination of solid wastes, that, 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 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.
IMPERVIOUS COVER
The sum of parking lots, roads, buildings, sidewalks, or
other surfaces through which rainwater cannot pass or infiltrate the
soil.
INFILTRATION
The passage or movement of water through the soil profile.
LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED)
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, corresponds 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, major renovation
projects, interior projects, and existing building operations.
PUBLIC DRINKING WATER SYSTEM
A community, noncommunity, or nontransient noncommunity water
system that 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.
PUBLIC WATER SUPPLY WELL
Any well from which the water is used to serve a community
water system as defined in the Delaware State Regulations Governing
Public Drinking Water Systems.
RUNOFF
That portion of precipitation or snow melt that has not evaporated
or infiltrated into the soil, but flows on land or impervious surfaces.
SANITARY LANDFILL
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.
STORMWATER
Water runoff from the surface of land resulting from precipitation
or snow or ice melts.
STORMWATER MANAGEMENT
A.
For water quantity control, a system of vegetative, structural,
and other measures that may control the volume and rate of stormwater
runoff that may be caused by land-disturbing activities or activities
upon the land; and
B.
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.
UNDERGROUND STORAGE TANK (UST)
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.
WATER QUALITY
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.
WATER QUANTITY
A.
Those characteristics of stormwater runoff that relate to the
volume of stormwater runoff to downstream-gradient areas resulting
from land-disturbing activities;
B.
Those characteristics of stormwater that relate to the volume
of stormwater that infiltrates the land surface and enters the underlying
aquifer.
WELLHEAD PROTECTION AREAS
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.
The following are exempt from the requirements of this article:
B. Revisions to recorded subdivision plans that do not result in the
creation of additional lots.
C. Improvements to existing residential lots, including additions to
existing one-family dwellings, the placement of sheds, and fences.