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.