Article III: Wellhead Protection Requirements

§ 436-9 General requirements.

No land use facilities, or activity specified in § 436-5 shall occur within Wellhead Protection Zones 1, 2, and 3 except in strict conformance with the provisions of this chapter.

§ 436-10 Wellhead protection areas.

Mapping of wellhead protection areas.

(1)

To implement the provisions of this chapter, wellhead protection areas surrounding protected public water supply wells are hereby established. The boundaries of Wellhead Protection Zones 1, 2, and 3 are shown on an Official Map which is available for inspection at the municipal office. A copy of the Official Map at a reduced scale is included in Appendix A for general reference.

(2)

Should any person challenge the boundary of Wellhead Protection Zones 1, 2, or 3, it shall be the responsibility of that person to retain a recognized professional with competence in the field to determine more accurately the precise boundary of the disputed area. The final boundary to be used will be determined by the Zoning Officer with assistance from the municipal engineer and/or a professional hydrogeologist, as appropriate.

Prohibitions within Wellhead Protection Zones.

(1)

Wellhead Protection Zone 1. Except as provided for in Article IV, the following land uses, physical facilities, and activities are prohibited:

(a)

Facilities which generate, store, treat or dispose of hazardous material and which are required to maintain a pollution incident prevention (PIP); spill prevention control and countermeasure (SPCC); preparedness, prevention and contingency (PPC); spill prevention response (SPR) or SARA Title III off-site plan;

(b)

Bulk agricultural products dealers and distributors;

(c)

Large volume (greater than 5,000 gallons per day) subsurface sewage disposal systems;

(d)

Large volume (greater than 5,000 gallons per day) spray irrigation sewage disposal systems;

(e)

Underground injection wells;

(f)

Underground storage tanks;

(g)

Waste disposal facilities;

(h)

Land application of sewage sludge;

(i)

Stormwater retention facilities;

(j)

Unlined stormwater detention facilities;

(k)

Operations and/or facilities which are involved with the manufacture, storage, or processing of materials which fall within the following categories:

[1]

Bulk agricultural products dealers and distributors.

[2]

Mining and quarrying.

[3]

Highway de-icing material storage.

[4]

Textile and apparel products as a principle use.

[5]

Lumber and wood preserving.

[6]

Printing and publishing.

[7]

Chemical products.

[8]

Leather products as a principle use.

[9]

Mineral products: glass and cement.

[10]

Metal products.

[11]

Machine shops.

[12]

Electronics and electronic equipment as a principle use.

[13]

Transportation maintenance.

[14]

Scrap trade and metal container recyclers.

[15]

Chemical and petroleum storage and sales.

[16]

Automotive repair, services, and related parking.

[17]

Personal services: laundry, pest control and photo finishing as a principle use.

[18]

Repair services: furniture, welding, and septage services.

[19]

Amusement and recreation as a principle use.

[20]

Educational, medical, and engineering laboratories.

(2)

Wellhead Protection Zone 2. Except as provided for in Article IV, the following land uses, physical facilities and activities are prohibited:

(a)

Facilities which generate, store, treat, or dispose of hazardous material which are required to maintain a pollution incident prevention (PIP); spill prevention control and countermeasure (SPCC); preparedness, prevention and contingency (PPC); spill prevention response (SPR) or SARA Title III off-site plan;

(b)