[HISTORY: Adopted by the Town Council of the Town of Milton 6-22-2015 by Ord. No. 2015-009. Amendments noted where applicable.]
A.
The purpose of this chapter is to ensure the protection of the public
drinking water supply from contamination. The Town of Milton 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 chapter
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 Overlay is 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 or 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
chapter.
A single containment vessel greater than 250 gallons, as
defined in the Delaware Regulations Governing Aboveground Storage
Tanks, dated February 11, 2005. 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.
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 chapter 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, Ground-water
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.
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 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,
buildings, recreation facilities (e.g., tennis courts, swimming pools,
etc.), and covered driveways.
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.
Any 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.
Recreation that involves existing natural resources and has
a minimal impact because it does 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.
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 proposed expansion, addition, or major facade change
to an existing building, structure, or parking facility.
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.
A process for the review and approval of a development plan prior to the issuance of a development as outlined in Chapter 220, Zoning, of the Milton Town Code.
Any aquifer from which water is drawn, either periodically
or continuously, by a public water system.
The area delineated by the DNREC Source Water Assessment
and Protection Program that contributes water to a public water supply
system.
The October 1999 US 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.
Wellhead protection areas and excellent groundwater recharge
potential 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 or 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.
Lands or buildings that are not actively used for any purpose
as designated in the underlying zoning district/overlay for one year.
Water-carried waste from septic tanks, water closets, residences,
buildings, 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; and
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 US 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.
Where a WHP Zone 2 area overlays an excellent groundwater
recharge potential area.
A.
Source water protection areas are wellhead protection areas and excellent
groundwater recharge potential areas. All such areas are as depicted
on the Source Water Protection Area Maps located in Town Hall as adopted
as part of the update and implementation of the next-applicable Comprehensive
Land Use Plan after the effective date of this chapter. These maps
are also available in GIS overlays from the 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 chapter 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 Protection
Areas
| ||||
|---|---|---|---|---|
|
NO - YES — CONDITIONAL
| ||||
|
Wellhead Protection Area
|
Groundwater Recharge Potential Area
| |||
|
Land Use
|
Zone 1
|
Zone 2
|
Zone 3
|
Excellent
|
|
Aboveground storage tanks
|
No
|
No
|
No
|
No
|
|
Automobile body/repair shop
|
No
|
No
|
No
|
No
|
|
Chemical processing/storage facility
|
No
|
No
|
No
|
No
|
|
Dry cleaner
|
No
|
No
|
No
|
No
|
|
Electrical/electronic manufacturing facility
|
No
|
No
|
No
|
No
|
|
Equipment maintenance/fueling areas
|
No
|
No
|
No
|
No
|
|
Fleet/trucking/bus terminal
|
No
|
No
|
No
|
No
|
|
Gas station
|
No
|
No
|
No
|
No
|
|
Hazardous waste: treatment, storage, and disposal facilities
|
No
|
No
|
No
|
No
|
|
# Dry wells/sumps
|
No
|
Yes
|
Yes
|
Yes
|
|
# Injection wells
|
Yes
|
Yes
|
Yes
|
Yes
|
|
Junk/scrap/salvage yard
|
No
|
No
|
No
|
No
|
|
Land divisions resulting in high density (greater than 1 acre)
|
No
|
Yes
|
Yes
|
Yes
|
|
Machine shop
|
No
|
No
|
No
|
No
|
|
Manure storage
|
No
|
No
|
No
|
No
|
|
Metal plating/finishing/fabricating facility
|
No
|
No
|
No
|
No
|
|
Mines/gravel pit
|
No
|
No
|
No
|
No
|
|
On-site wastewater treatment and disposal systems
|
No
|
No
|
No
|
No
|
|
Sanitary and industrial landfills
|
No
|
No
|
No
|
No
|
|
Underground storage tanks
|
No
|
No
|
No
|
No
|
|
Vessel storage
|
No
|
No
|
No
|
No
|
|
Wood preserving/treating facility
|
No
|
No
|
No
|
No
|
|
NOTES:
| |
|---|---|
|
Conditional:
| |
|
(#)
|
Dry wells/sumps, except for single-family residences directing
gutter downspouts to a dry well.
|
|
(#)
|
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 delineates
wellhead protection areas 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
a one-hundred-fifty-foot radius around the wellhead.
(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 ensure adequate protection of public
drinking water supply.
(3)
Wellhead Protection (WHP) Zone 3 exists where a WHP Zone 2 area overlays
an excellent groundwater recharge potential area. Land use restrictions
within Zone 3 are required to ensure adequate protection of public
drinking water supply.
B.
WHP Zone 1 requirements:
(1)
Parcels of land within a WHP Zone 1 wellhead protection area will
be preserved in a natural condition with the exception of impervious
surface limited to building and access associated with the well and
distribution and treatment facilities and their maintenance.
(2)
Aboveground storage tanks for materials used in the treatment facility
operation are permitted.
(3)
Underground storage tanks are prohibited.
(4)
Stormwater runoff will be diverted away from the wellhead.
(5)
Stormwater infiltration practices designed to handle runoff are prohibited.
(6)
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 form an unconfined
aquifer shall be two acres.
(7)
On-site wastewater and disposal systems shall not be permitted.
C.
WHP Zone 2 requirements:
(1)
Impervious cover. Wellhead protection areas within Zone 2 should not exceed 20% impervious cover. New development in this zone may exceed the 20% impervious cover threshold within wellhead protection areas but shall be no more than 50% impervious cover, provided the applicant submits an environmental assessment impact report. (See Environmental assessment impact report, § 181-10.)
(2)
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.
(3)
For all new construction, all structures shall be required to discharge
roof drains onto nonimpervious cover.
(4)
Underground storage tanks.
(a)
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 not be permitted in a delineated wellhead protection area.
(b)
Underground storage tanks with a capacity greater than 110 gallons
containing a hazardous substance as defined in CERCLA § 101(14)
shall not be permitted in a designated wellhead area.
(5)
Aboveground storage tanks (ASTs) shall not be permitted in a delineated
wellhead area.
(6)
On-site wastewater treatment and disposal systems shall not be permitted.
A.
Impervious cover. The excellent groundwater recharge potential area should not exceed 20% impervious cover. New development in this area may exceed the 20% impervious cover threshold within the excellent groundwater recharge potential area but shall be no more than 50% impervious cover, provided the applicant submits an environmental assessment impact report pursuant to § 181-10.
B.
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.
C.
For all new construction, all structures shall be required to discharge
roof drains onto nonimpervious cover.
D.
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 not be permitted in a delineated excellent groundwater
recharge area.
(2)
Underground storage tanks with a capacity greater than 110 gallons
containing a hazardous substance as defined in CERCLA § 101(14)
shall not be permitted in a delineated excellent groundwater recharge
area.
E.
Aboveground storage tanks (ASTs) shall not be permitted in a delineated
wellhead area.
F.
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 the Source Water Protection Area Maps located in Town
Hall as adopted as part of the update and implementation of the next-applicable
Comprehensive Land Use Plan after the effective date of this chapter.
These maps are also available in GIS overlays. Maps/overlays are available
from the Delaware Department of Natural Resources and Environmental
Control (DNREC), Division of Water Resources, Source Water Assessment
and Protection Program (SWAPP). If an 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.
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.
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 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 SWAPP.
E.
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.
(1)
Site modifications that require site plan approval must create a
15% reduction in the amount of impervious cover on the site when compared
to preredevelopment conditions.
(2)
If the 15% reduction would require a site to go below the 20% maximum
impervious cover provisions of source water protection areas, then
the maximum impervious surface cover for the site is 20%.
B.
Stormwater.
(1)
Sites that do not meet the 20% impervious cover threshold must employ
rooftop infiltration practices. Stormwater shall be treated by an
approved stormwater quality management practice in accordance with
current requirements of the Delaware Sediment and Storm Water Regulations
dated October 11, 2006, or as later revised.
(2)
If the 15% reduction does not meet the 20% impervious cover threshold,
the site must employ rooftop infiltration practices. Stormwater shall
be treated by an approved stormwater quality management practice in
accordance with current requirements of the Delaware Sediment and
Storm Water Regulations dated October 11, 2006, or as later revised.
C.
Abandoned or vacant property. This section does not apply to vacant
or abandoned property. These properties must comply with the source
water protection area zoning district regulations.
A.
Hazardous waste treatment, storage, and disposal facilities, as defined
in 7 DE Admin. Code 1302, Delaware Regulations Governing Hazardous
Waste, shall not be permitted in source water protection areas.
B.
Sanitary and industrial landfills, as defined in 7 DE Admin. Code
1301, Delaware Regulations Governing Solid Waste, shall not be permitted
in source water protection areas.
A.
New development in Milton may exceed the 20% impervious cover threshold
within excellent groundwater recharge potential areas and WHP Zone
2, but shall 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 post-development recharge will be no less than predevelopment
recharge when computed on an annual basis.
B.
The applicant may offset the loss of recharge due to impervious cover
by constructing recharge basins that convey pretreated rooftop runoff
for infiltration to groundwater. Refer to Supplement 1, entitled "Ground-Water
Recharge Design Methodology," dated May 2005, or later as revised,
for the details of how to design recharge facilities in Delaware source
water protection areas.
C.
When an environmental impact assessment report (EIAR) is allowed
or required, it shall be prepared by a Delaware registered professional
engineer and/or professional geologist and shall contain 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 post-development
recharge potential.
(3)
Subsurface exploration, including borings, test pits, and infiltration
tests.
(4)
Design of groundwater recharge facilities that assures 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 of
Milton providing for monitoring and maintenance of the recharge system.
D.
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: Ground-Water 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 chapter, unless
they pose a direct hazard to the Town's water supply, as determined
by the Milton Public Works Department 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 Milton Public Works
Department upon advice from DNREC's Division of Air and Waste
Management and/or Division of Water Resources. In the latter case,
the project coordinator and/or his/her designee shall 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.
All public water supply wells within a housing development, subdivision,
or strip development recorded on or after the implementation of the
Delaware Regulations Governing the Construction and Use of Wells,
dated April 6, 1997, or as later revised, shall be located at least
150 feet within the subdivision's or development's outermost
property lines.
The following are exempt from the requirements of this chapter:
A.
Wells used for agricultural purposes;
B.
Replacement wells;
C.
Minor subdivisions;
D.
Recorded subdivisions;
E.
Revisions to recorded subdivision plans that do not result in the
creation of additional lots;
G.
Improvements to existing residential lots, including additions to
existing single-family dwellings, the placement of sheds and fences;
and
H.
Subdivision and land development projects that have received preliminary
plan approval by the Planning and Zoning Commission, conditional use
site plans that have received approval by the Commission, conditional
use site plans for public water supply in an existing recorded subdivision
or concept plan approval in the case of residential planned communities
and cluster subdivisions shall not be subject to the provisions of
this chapter for as long as their approval remains valid.
