The purpose of this article is to ensure the provision of a
safe and sanitary drinking water supply for the Village of Sherwood
by the establishment of a wellhead protection zone surrounding the
wellheads for all wells which are the supply sources for the Village
of Sherwood water system and by the designation and regulation of
property uses and conditions that may be maintained within such zones.
This article applies to all wells that are the supply sources
for the Village of Sherwood. The regulations specified in this article
shall apply within the boundaries of the Village of Sherwood.
When used in this article, the following words and phrases shall
have the meanings given in this section:
GROUNDWATER
That part of the subsurface water which is in the zone of
saturation.
GROUNDWATER SOURCE
All groundwater obtained from horizontal collectors, infiltration
lines, springs and dug, drilled or other types of wells.
MUNICIPAL WATER SYSTEM
A community water system owned by a city, village, county,
town, sanitary district, utility district, public inland lake and
rehabilitation district, municipal water district or a federal, state,
county or municipal owned institution for congregate care or correction,
or a privately owned water utility serving the forgoing.
WATERWORKS or WATER SYSTEM
All structures, conduits and appurtenances by means of which
water is delivered to consumers, except piping and fixtures inside
buildings served and service pipes from buildings to street mains.
WELL
An excavation or opening into the ground made by digging,
boring, drilling, driving or other methods for the purpose of obtaining
groundwater.
There is hereby established a use district to be known as a
"wellhead protection zone," identified and described as all the area
within 1,200 feet of any Village water supply well site, or any part
thereof over which the Village has jurisdiction.
Any Village water supply well shall be adequately separated
from potential sources of contamination. The following uses or conditions
shall be and are hereby prohibited within the specified minimum separation
distances:
A. Fifty feet between a well main and storm sewer main.
B. Two hundred feet between a well and any sanitary sewer main, lift
station or single-family residence fuel oil tank. A lesser separation
distance may be allowed for sanitary sewer mains where the sanitary
sewer main is constructed of water main materials and joints and pressure
tested in place to meet current American Water Works Association (AWWA)
600 specifications. In no case may the separation distance between
a well and a sanitary sewer main be less than 50 feet.
C. One hundred feet between a well and a storm sewer drainage pond.
[Amended 1-22-2001]
D. Four hundred feet between a well and a septic tank or soil absorption
unit receiving less than 8,000 gallons per day, or a cemetery.
E. Six hundred feet between a well and any gasoline or fuel oil storage
tank installation that has received written approval from the Wisconsin
Department of Agriculture, Trade and Consumer Protection or its designated
agent under Ch. ATCP 93, Wis. Adm. Code.
F. One thousand feet between a well and land application of municipal,
commercial, or industrial waste, industrial, commercial, or municipal
wastewater lagoons or storage structure, manure stacks or storage
structures and septic tanks or soil absorption units receiving 8,000
gallons per day or more.
G. One thousand two hundred feet between a well and any solid waste
storage, transportation, transfer, incineration, air curtain destructor,
processing, wood-burning, one-time disposal or small demolition facility;
sanitary landfill; 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 Agriculture, Trade and Consumer Protection
or its designated agent under Ch. ATCP 93, Wis. Adm. Code; bulk fuel
storage facilities; and pesticide or fertilizer handling or storage
facilities.
H. One-half mile between a well and chemical handling industries (body
shops, dry cleaners, etc.) and cattle grazing sites.
Notwithstanding the provisions of §
14-26, the following uses are prohibited anywhere within the wellhead protection zone. These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use and handling of potential pollutants) will cause groundwater contamination.
A. Underground storage tanks not listed in §
14-26.
B. Septage and/or sludge spreading.
D. Asphalt products manufacturing.
F. Hazardous waste storage, treatment or disposal sites.
G. Landfills or waste disposal facilities.
L. Junkyard or auto salvage yard.
M. Bulk fertilizer and pesticide facilities.
O. Paint and coating manufacturing.
P. Toxic materials storage and use.
Q. Radioactive waste facilities.
R. Tire and battery services.
S. Quarries and gravel pits.
T. Other similar uses that pose a threat to groundwater quality.
Insofar as the standards in this section are not inconsistent
with the provisions of § 62.23(7)(h), Wis. Stats., they
shall apply to all nonconforming uses. The existing lawful use of
a structure or building or its accessory use which is not in conformity
with the provisions of this article may be continued, subject to the
following conditions:
A. No modifications or additions to a nonconforming use shall be permitted
unless they are made in conformity with the provisions of this section.
For the purposes of this section, the words "modification" and "addition"
shall include, but are not limited to, any accessory use. Ordinary
maintenance repairs are not considered structural repairs, modifications
or additions; such ordinary maintenance repairs include internal or
external painting, decorating, paneling and the replacement of doors,
windows, and other nonstructural components.
B. If a nonconforming use is discontinued for 12 consecutive months,
any future use of land, structure or building shall conform to the
appropriate provisions of this article.
C. Facilities shall provide copies of all federal, state and local facility
operation approvals or certificates and ongoing environmental monitoring
results to the Village.
D. Facilities shall provide additional environmental or safety structures/monitoring
as deemed necessary by the Village.
E. Facilities shall replace equipment or expand in a manner that improves
the existing environment and safety technologies already in existence.
F. Facilities shall have the responsibility of developing and filing
with the Village a contingency plan satisfactory to the Village for
the immediate notification of Village officials in the event of an
emergency.
G. In the event the individual and/or facility causes the release of
contaminants which endanger the Village water supply, the activity
causing said release shall immediately cease, and a cleanup satisfactory
to the Village shall occur.
H. The individual/facility shall be responsible for all costs of cleanup,
Village consultant fees at the invoiced amount, plus administrative
costs for oversight, review and documentation.
Individuals and/or facilities may request the Village to permit
additional land uses. Such requests shall meet the following requirements:
A. Applications shall be in writing either on or in substantial compliance
with the format established by the Village and shall include an environmental
assessment report prepared by a licensed environmental engineer.
B. The individual/facility shall reimburse the Village for all consultant
fees associated with review of the request at the invoiced amount
plus associated administrative costs.
C. Any permitted uses shall be conditional and may include required
environmental and safety monitoring consistent with local, state and
federal requirements and/or bonds and/or sureties satisfactory to
the Village.