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:
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.
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.
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.
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.
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.
The sum of parking lots, roads, buildings, sidewalks, or
other surfaces through which rainwater cannot pass or infiltrate the
soil.
The passage or movement of water through the soil profile.
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.
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.
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.
That portion of precipitation or snow melt that has not evaporated
or infiltrated into the soil, but flows on land or impervious surfaces.
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.
Water runoff from the surface of 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 that 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.
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.
B.
Identification on development plans required.
(1)
Development plans depicting development or land disturbance shall
delineate the locations of source water protection areas. If a tract
proposed for development contains no source water protection areas,
the plan shall include a statement affirming this.
(2)
When there appears to be a conflict between official boundary maps
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. This report shall include all of the following.
(a)
A detailed topographic layout of the subdivision and/or area
to be developed prepared by a Delaware-registered professional land
surveyor, professional engineer, or professional geologist.
(b)
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 types of source water protection areas 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 delineation of the excellent groundwater recharge
potential areas must follow the methods used in the Delaware Geological
Survey Publication: Report of Investigations No. 66, Ground-Water
Recharge Potential Mapping in Kent and Sussex Counties, Delaware.
The challenge must be approved by DGS and DNREC.
A.
The regulations contained in this article are in addition to other
applicable regulations in this chapter and any other chapters of the
Ocean View Code.
B.
All public drinking water well systems constructed after the effective
date of this chapter are required to comply with this chapter in addition
to other applicable ordinances, regulations, and standards.
C.
Dimensional regulations governing properties within source water
protection areas 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
this section shall prevail.
The following are exempt from the requirements of this article:
A.
Definition. An "environmental assessment report" is documents detailing
the post-development recharge rates and quality and which compares
them to the predevelopment recharge for both water quality and quantity
computed on an annual basis.
B.
When required: whenever land proposed for development contains source
water protection areas.
C.
Elements. The environmental assessment report shall include all of
the following elements.
(1)
Site description of proposed development within the water resource
protection area.
(2)
Climatic water balance comparing predevelopment and post-development
recharge potential for both water quantity and quality.
(3)
Analysis of the results of subsurface exploration including borings,
test pits, and infiltration tests.
(4)
Demonstration that the design of groundwater recharge facilities
will assure water quality as well as water quantity.
(5)
Construction and maintenance considerations.
(6)
Recommended groundwater containing monitoring plan.
(7)
Water management agreement between the applicant and the Town providing
for monitoring and maintenance of the recharge system. The applicant
shall abide by the Ground Water Management Agreement as written in
the DNREC Supplement to the Source Water Protection Guidance Manual
for the Local Governments of Delaware: Ground-Water Recharge Design
Methodology dated May 2005 or as later revised.
A.
Tier 1 areas. See Figure 1.
(1)
Definitions. "Tier 1 area" is surface area extending in a one-hundred-fifty-foot
radius around the wellhead.
(2)
Regulations governing Tier 1 areas.
(a)
Impervious cover shall be prohibited except for buildings, pumps,
water storage tanks, generators and related appurtenances, and access
associated with the well and related treatment and distribution facilities.
(b)
Natural runoff into Tier 1 areas shall be allowed, but all new
stormwater runoff shall be diverted around Tier 1 areas.
(3)
Prohibited uses. The following uses are prohibited in Tier 1 areas:
(a)
Underground and aboveground storage tank systems subject to
the registration requirements of DNREC.
(b)
Junk, scrap, and salvage yards.
(c)
Mines and gravel pits.
(d)
Hazardous waste treatment, storage and disposal facilities,
as defined in 7 DE Admin. Code 1302, Delaware Regulations Governing
Hazardous Waste.
(e)
Sanitary and industrial landfills, as defined in 7 DE Admin.
Code 1201, Delaware Regulations Governing Solid Waste.
B.
Tier 2 areas. See Figure 1.
(1)
Definition. Tier 2 areas include the following:
(a)
Surface area of a wellhead protection area outside of the Tier
1 area, i.e., the area between the one-hundred-fifty-foot radius around
the wellhead and the boundary of the wellhead protection area.
(b)
For an excellent recharge area having a wellhead protection
area within its boundary, the surface area between the Tier 1 area
boundary and the boundary of the excellent recharge area.
(c)
For an excellent recharge area not having a wellhead protection
area within its boundary, the entire excellent recharge area.
(2)
Regulations governing Tier 2 areas.
(a)
New development impervious cover in Tier 2 areas shall not exceed
20%.
(b)
New development may exceed the twenty-percent gross impervious cover threshold up to fifty-percent gross impervious cover, provided that either of the following methods is utilized. The environmental assessment required pursuant to § 116-22 must describe how the chosen method will ensure compliance with the maximum allowable impervious cover.
(c)
Roof drains. For all new construction, additions and substantial
improvements, structures shall be required to discharge roof drains
into recharge facilities designed per the Delaware Sediment and Stormwater
Regulations dated October 11, 2006, or as later revised. No discharge
by roof drains to impervious surfaces except for residential dwellings
is permitted in excellent groundwater recharge areas.
(d)
Stormwater treatment. Stormwater from new development shall
be treated using the green technology best management practices designed
in accordance with current requirements of the Delaware Sediment and
Stormwater Regulations dated October 11, 2006, or as later revised.
(e)
Prohibited uses. The following uses are prohibited in Tier 2
areas.
[1]
Underground storage tank systems subject to the registration
requirements of DNREC, except those that are required for home heating
fuel use. These tanks must meet all applicable federal, state, and
local regulations concerning their use and maintenance.
[2]
Chemical processing and storage facilities.
[3]
Junk, scrap, and salvage yards.
[4]
Mines and gravel pits.
[5]
Hazardous waste treatment, storage and disposal facilities,
as defined in 7 DE Admin. Code 1302, Delaware Regulations Governing
Hazardous Waste.
[6]
Sanitary and industrial landfills, as defined in 7 DE Admin.
Code 1201, Delaware Regulations Governing Solid Waste.
(3)
New developments in more than one source water protection area. For
developments located partially in either a Tier 1 or Tier 2 area,
the more restrictive regulations shall apply.
(a)
The portion of a new development in a Tier 1 area shall be subject
to the regulations governing Tier 1 areas.
(b)
The portion of a new development in a Tier 2 area shall comply
with the regulations governing Tier 2 areas.
(c)
The portion of a new development outside of either a Tier 1
or Tier 2 area shall not be subject to the provisions of this section.
(4)
Existing developments. Existing, developed land located in either
a Tier 1 or Tier 2 area shall be treated as nonconforming uses.
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Figure 1. Source Water Protection Areas
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