This district is intended to protect from contamination the
groundwater recharge zone of the Town's existing and planned groundwater
wells, which wells supply the potable water to many residential, businesses,
institutional and other customers. This district is necessary because
the wells by geological necessity must draw water from the ground
levels lying closest to the surface, which grounds contain soil types
that rapidly transmit pollutants, thereby threatening the entire groundwater
supply being drawn upon by the wellhead.
The choice of regulation employed via this overlay district
is to entirely prohibit certain uses that otherwise may be permitted
by basic and other overlay districts falling within the confines of
this overlay district. The regulations of this district shall supersede
the regulations of all other such districts occupying the same geographic
area.
The uses prohibited by this district have been identified in
geologic surveys as risks for groundwater contamination. This method
of regulation by complete prohibition is employed to provide the greatest
assurance that inadvertent discharge of pollutants into the groundwater
supply will not occur, since groundwater cleanup is often prohibitively
expensive, and liability for such cleanup is often difficult or impossible
to establish.
The uses prohibited by this district represent the state of
present knowledge and most common description of such uses. As other
polluting uses are discovered, or other terms of description become
necessary, it is the intention to add them to the list of uses prohibited
by this district. To screen for such other uses or terms for uses,
no use shall be permitted in this district without first submitting
its building, site and operational plans for Plan Commission review
and approval.
The uses prohibited by this district are prohibited based upon
the combined pollution experience of many individual uses, and the
technology generally employed by that class of uses, which technology
causes the uses as a class to be groundwater pollution risks. As the
technology of identified use class changes to nonrisk materials or
methods, upon petition from such a use, and after conferring with
expert geological and other opinion, it is the intention to delete
from the prohibited list, or allow conditionally, uses that demonstrate
convincingly that they no longer pose a pollution hazard.
In dealing with uses or classes of uses that attempt to become
permissible, under the terms of this district, by continuing to utilize
pollutant materials but altering their methods of storage or handling,
for example, transferring materials storage from leak-prone but explosion-resistant
underground tanks, to leak-resistant but explosion-vulnerable aboveground
vessels, it is not the intention to accept such alternate hazards
as the basis for making a use permissible. It is the intention to
continue the ban on such uses until the technology of the class of
uses removes reliance upon the pollutant materials or processes.
A.
All uses permitted by underlying basic or other overlay zones are
permitted, subject to review and approval of the building, site and
operational plans of such uses by the Plan Commission, whether required
or not by the underlying and other overlay districts. Residential
accessory structures shall be exempt from Plan Commission review and
approval.
B.
Setback requirements. The following uses, if permitted by the underlying
zoning district, are allowed conditioned upon satisfaction of the
applicable setback standard:
|
Use
|
Setback
|
|---|---|
|
Storm sewer main
|
50 feet
|
|
Sanitary sewer main, sanitary sewer manhole or lift station
|
200 feet
|
|
Septic tank or soil absorption unit receiving less than 8,000
gallons per day
|
400 feet
|
The following uses are not permitted in this district:
|
Animal waste storage areas and facilities
|
|
Asphalt ingredients storage or processing plants
|
|
Car/truck-washing facilities
|
|
Cheese factory, dairies and milk processing plants
|
|
Cemeteries
|
|
Chemical storage, sales, processing or manufacturing plants
|
|
Dry-cleaning establishments
|
|
Electronic circuit manufacture or assembly plants
|
|
Electroplating operations
|
|
Exterminating supply, storage or application shops
|
|
Fertilizer manufacturing or storage operations
|
|
Foundries and other forge plants
|
|
Fuel storage or sales
|
|
Garages for repair and servicing of motor vehicles, including
body repair, painting or engine rebuilding if not on municipal sewer
and water systems
|
|
Industrial liquid waste storage areas
|
|
Junk/recycling yards, motor vehicle salvage yards
|
|
Landfills, areas for dumping or disposal of garbage, refuse,
trash, construction or demolition material
|
|
Metal reduction and refinement plants
|
|
Mining operations, including sand and gravel
|
|
Motor and machinery service and assembly shops if not on municipal
water and sewer systems
|
|
Motor freight terminal
|
|
Paint products manufacturing
|
|
Petroleum products storage or processing
|
|
Photography studios involving the developing of film or pictures
|
|
Plastics manufacturing
|
|
Printing and publishing establishments
|
|
Salt storage
|
|
Pulp and paper manufacturing
|
|
Septage and sewage sludge storage and disposal sites
|
|
Storage, manufacturing or disposal of toxic or hazardous materials
as defined in § 100.37, Wis. Stats.
|
|
Underground petroleum products storage tanks for industrial,
commercial, residential or other uses
|
|
Woodworking, wood products manufacturing and wood finishing
|
A.
Any use prohibited by this district may be allowed upon issuance
of a permit for such use by the Town Board.
B.
Prior to consideration of the requested permit, the Board shall forward
the permit to the Plan Commission and Rome Water Utility for review
and recommendation as to approval or disapproval, together with reasons
for such recommendation. The Plan Commission and Rome Water Utility
shall have 60 days in which to make such recommendation.
C.
Within 40 days of the receipt of the recommendations of the Plan
Commission and Rome Water Utility, the Town Board shall hold a public
hearing on the request.
D.
Within 30 days of the public hearing, the Town Board shall approve,
approve with amendments, or disapprove the application. The Town Board
shall not approve the application unless it determines, by clear and
convincing evidence, that the proposed use will not be contrary to
the interests of public health and safety and that all applicable
state and local standards [including setback requirements set forth
in § NR 811.12(5)(d)] have been satisfied.
