[Amended 1-24-2011]
A.
City residents depend exclusively on groundwater for a safe drinking
water supply. Certain land use practices and activities can seriously
threaten or degrade groundwater quality. The purpose of this chapter
is to institute land use regulations and restrictions to protect the
City's municipal water supply and to promote the health, safety and
general welfare of the residents of the City.
B.
This article, which may be cited and referred to as the "City of
Reedsburg Wellhead Protection Ordinance," institutes land use regulations
and restrictions in the Groundwater Protection Overlay District in
order to protect the portion of the recharge area for the City wells
that lie within the City's limits. The recharge areas for the City
wells are those land areas which contribute water to the City wells
by infiltration of water into the subsurface and movement with groundwater
toward the wells.
C.
It is further intended that the Groundwater Protection Overlay District
shall be operated in conjunction with the regulations governing the
underlying zoning districts and other overlay districts in the subject
area. Uses permitted by such other districts, but subject to the provisions
of this article, may not be undertaken unless they are also permitted
by the terms of this article. In the event of conflicting standards
between the underlying zoning and these groundwater regulations, the
more restrictive will apply. If conditional use permits are required
for both this overlay district and the underlying zoning district
for a proposed use, the processing of the two permits shall be treated
separately under the terms applicable to each district.
D.
The boundaries of the Groundwater Protection Overlay District shall
be a 1,200-foot radius around all City wells and incorporated into
and shown on the City of Reedsburg Zoning Map.
As used herein, the following words and terms have the following
meanings:
A saturated, permeable geologic formation that contains and
will yield significant quantities of water.
Existing facilities which may cause or threaten to cause
environmental pollution within the limits of the City's wellfields'
recharge areas, which include but are not limited to those sites set
forth in the contaminant inventory detail which was developed in conjunction
with the preparation of the City's wellhead protection plan and which
is adopted by reference, and underground storage tanks which may affect
groundwater.
A ridge in the water table, of the potentiometric surface,
from which groundwater flows away at right angles in both directions.
Line of highest hydraulic head in the water table or potentiometric
surface.
Those lands shown on the City of Reedsburg Zoning Map.
A private on-site wastewater treatment system as defined
at Ch. SPS 381, Wis. Adm. Code.
An area in which water reaches the zone of saturation by
surface infiltration and encompasses all areas or features that supply
groundwater recharge to a well.
The determined or estimated time required for a contaminant
to move in the saturated zone from a specific point to a well.
A piece of land used primarily for the purpose of supplying
a location for construction of wells to supply the municipal water
system.
Uses within the Groundwater Protection Overlay District must be permitted uses in the underlying zoning district as well as in this overlay district. The following are permitted uses within the Groundwater Protection Overlay District, provided the separation distances set forth in § 690-118 are maintained.
A.
Parks, provided there is no on-site waste disposal or fuel storage
tank facilities associated with this use.
B.
Playgrounds.
C.
Wildlife areas.
D.
Nonmotorized trails, such as bike, skiing, nature and fitness trails.
F.
Agricultural uses in accordance with the county land conservation
department's best management practices guidelines.
Although these are conditional uses, the presumption is that these uses are disfavored and that a conditional use permit will not be granted unless conditions may be imposed that will ensure to a reasonable degree of certainty to the City's satisfaction that the groundwater will be protected. An application for a conditional use permit shall be processed in accordance with Article VI of this chapter, as supplemented by the terms of this section, and includes municipally sewered business development, zoned business or industrial, except for the following uses:
A.
Aboveground storage tanks.
B.
Asbestos product sales.
C.
Automotive service and repair garages; body shops.
D.
Blue printing and photocopying services.
E.
Car washes.
F.
Equipment repair services.
G.
Laundromats and diaper services.
H.
Dry-cleaning.
I.
Gas stations.
J.
Holding ponds or lagoons.
K.
Infiltration ponds.
L.
Nurseries, lawn and garden supply stores.
M.
Small engine repair services.
N.
Underground storage tanks.
O.
Wells; private, production, injection or other.
P.
Any other use determined by the Utility or Plan Commission to be
similar in nature to the above-listed items.
All uses not expressly identified as "permitted" or "conditional"
uses are prohibited within the Groundwater Protection Overly District.
No use variances shall be granted.
Uses shall maintain the following minimum separation distances
within the Groundwater Protection Overlay District.
A.
Fifty feet between a well and a storm sewer main or a sanitary sewer
main where the sanitary sewer main is constructed of water main class
materials and joints.
B.
Two hundred feet between a well and any sanitary sewer main not constructed
of water main class materials, sanitary sewer manhole, lift station,
one- or two-family residential heating fuel oil underground storage
tank or aboveground storage tank or private on-site wastewater treatment
system (POWTS) treatment tank or holding tank component and associated
piping.
C.
Three hundred feet between a well and any farm underground storage
tank system or other underground storage tank system with double wall
and with electronic interstitial monitoring for the system, which
means the tank and any piping connected to it. These installations
shall meet the most restrictive installation requirements of § ATCP
93.260, Wis. Adm. Code, and receive written approval from the Department
of Safety and Professional Services or its designated local program
operator under § ATCP 93.110, Wis. Adm. Code. These requirements
apply to tanks containing gasoline, diesel, biodiesel, ethanol, other
alternative fuel, fuel oil, petroleum products, motor fuel, burner
fuel, lubricant, waste oil, or hazardous substances.
D.
Three hundred feet between a well and any farm aboveground storage
tank with double wall, or single-wall tank with other secondary containment
and under a canopy; other aboveground storage tank system with double
wall, or single-wall tank with secondary containment and under a canopy
and with electronic interstitial monitoring for a double wall-tank
or electronic leakage monitoring for a single-wall tank secondary
containment structure. These installations shall meet the most restrictive
installation requirements of § ATCP 93.260, Wis. Adm. Code,
and receive written approval from the Department of Safety and Professional
Services or its designated local program operator under § ATCP
93.110, Wis. Adm. Code. These requirements apply to tanks containing
gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel
oil, petroleum products, motor fuel, burner fuel, lubricant, waste
oil, or hazardous substances.
E.
Four hundred feet between a well and a POWTS dispersal component
with a design capacity of less than 12,000 gallons per day, a cemetery
or a stormwater retention or detention pond.
F.
Six hundred feet between a well and any farm underground storage
tank system or other underground storage tank system with double wall
and with electronic interstitial monitoring for the system, which
means the tank and any piping connected to it; any farm aboveground
storage tank with double wall, or single-wall tank with other secondary
containment and under a canopy or other aboveground storage tank system
with double wall, or single-wall tank with secondary containment and
under a canopy; and with electronic interstitial monitoring for a
double-wall tank or electronic leakage monitoring for a single-wall
tank secondary containment structure. These installations shall meet
the standard double-wall tank or single-wall tank secondary containment
installation requirements of § ATCP 93.260, Wis. Adm. Code,
and receive written approval from the Department of Safety and Professional
Services or its designated local program operator under § ATCP
93.110, Wis. Adm. Code. These requirements apply to tanks containing
gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel
oil, petroleum products, motor fuel, burner fuel, lubricant, waste
oil, or hazardous substances.
G.
One thousand feet between a well and land application of municipal,
commercial, or industrial waste; the boundaries of a land-spreading
facility for spreading of petroleum-contaminated soil regulated under
state administrative regulations while that facility is in operation;
agricultural, industrial, commercial or municipal wastewater treatment
plant treatment units, lagoons, or storage structures; manure stacks
or storage structures; or a POWTS dispersal component with a design
capacity of 12,000 gallons per day or more.
H.
Twelve 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; any single-wall
farm underground storage tank or single-wall farm aboveground storage
tank or other single-wall underground storage tank or aboveground
storage tank that has or has not received written approval from the
Department of Safety and Professional Services or its designated local
program operator under § ATCP 93.110, Wis. Adm. Code, for
a single-wall tank installation. These requirements apply to tanks
containing gasoline, diesel, biodiesel, ethanol, other alternative
fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant,
waste oil, or hazardous substances, and bulk pesticide or fertilizer
handling or storage facilities.
Article VI shall apply to all applications for conditional use permits under this section except as expressly modified by this section.
A.
Required application materials. In addition to the application materials required under Article VI, each application for a conditional use permit under this section shall include the following, unless waived by the Utility or Plan Commission:
(1)
A statement with supporting evidence showing that the use seeking the proposed conditional use shall conform to the standards set forth in Subsection C below.
(2)
An operational plan and/or other documentation which describes
in detail the use, activities, and structures proposed.
(3)
An operational safety plan, which details the operational procedures
for material processes and containment, best management practices,
stormwater runoff management, and groundwater monitoring, as required.
(4)
A contingency plan which addresses in detail the actions that
will be taken should a contamination event caused by the proposed
use, activities, or structures occur.
(5)
An environmental risk assessment report prepared by a licensed
environmental professional which details the risk to, and potential
impact of, the proposed use, activities, and structures on groundwater
quality.
(6)
Additional information deemed necessary to determine and provide
for enforcement of this section may be required.
(7)
Prepayment of the required fee.
B.
Referral to Utility Commission and Plan Commission. A properly filed application shall be referred to the Utility Commission for its review and recommendation, if any, including proposed conditions, to the Plan Commission. The Plan Commission shall review the application and make its decision following a hearing as required under Article VI .
C.
Standards for conditional use. In addition to the standards for conditional uses set out in Article VI the Plan Commission shall apply the following factors:
(1)
The City's responsibility as a public water supplier to protect
and preserve the health, safety and welfare of its citizens.
(2)
The degree to which the proposed land use practice, activity
or facility may threaten or degrade groundwater quality in the City
or the City's recharge area.
(3)
The economic hardship which may be faced by the landowner if
the application is denied.
(4)
The availability of alternative options to the applicant, and
the cost, effect and extent of availability of such alternative options.
(5)
The proximity of the applicant's property to other potential
sources of contamination.
(6)
The then-existing condition of the City's groundwater public
water wells and well fields, and the vulnerability to further contamination.
(7)
The direction of flow of groundwater and other factors in the
area of the applicant's property which may affect the speed of the
groundwater flow, including topography, depth of soil, extent of aquifer,
depth to water table and location of private wells.
(8)
Any other hydrogeological data or information which is available
from any public or private agency or organization.
(9)
The potential benefit, both economic and social, from the approval
of the applicant's request for a permit.
D.
Types of conditions which the Plan Commission may require.
(1)
In addition to the conditions and restrictions set out in Article VI, the Plan Commission may stipulate conditions and restrictions, including but not limited to the following:
(a)
A requirement for periodic environmental and safety sampling, testing,
and reporting to establish the continued protection of the public
water supply. The City may require an application to install one or
more groundwater monitoring well(s) at the expense of the applicant;
(b)
The establishment of safety structures to prevent groundwater contamination;
(c)
The establishment of an operational safety plan to define processes
and procedures for material containment, operations monitoring, best
management practices, and stormwater runoff management to prevent
groundwater contamination;
(d)
Written policies and procedures for reporting and cleaning up any
spill of a hazardous material;
(e)
The provision of copies of all federal, state and local facility
operation approval or certificates, and ongoing environmental monitoring
results to the City;
(f)
A written agreement pursuant to which the applicant agrees to be
held financially responsible for all environmental cleanup costs in
the event of groundwater contamination;
(g)
Bonds and/or securities satisfactory to the City for future monitoring
and cleanup costs if groundwater contamination occurs in the future;
(2)
The foregoing conditions are listed for illustration purposes
and are not exclusive.
E.
Payment of costs. The applicant shall be solely and exclusively responsible
for any and all costs associated with the application. The conditional
use will become effective only after any costs incurred by the City
during the conditional use application review process and billed to
the applicant are paid by the applicant. Those costs may include:
(1)
The City's expenses, including consultant's and attorney's fees,
if any, associated with the review at the invoiced amount, plus administrative
costs.
(2)
The cost of an environmental impact study, if so required by
the City or its designee.
(3)
The cost of groundwater monitoring or groundwater wells, if
required by the City or its designee.
(4)
The costs of an appraisal for the property or other property
evaluation expense, if required by the City or its designee.
Nonconforming uses lawfully in existence within the Groundwater Protection Overlay District at the adoption of this chapter creating this district may continue to exist in the form and scope in which they existed at that time, subject to the provisions of Article VIII. In the event a lawful nonconforming use poses a direct hazard to the City's public water supply, the City may take any action permitted by law to abate the hazard.
Nothing in this section shall be construed to imply that the
City has accepted any of an owner or operator's liability if a facility
or use, whether permitted as of right or pursuant to a conditional
use permit, contaminates groundwater in any aquifer.
