The intent of the wellhead protection overlay zone is to provide
supplemental development regulation in the designated wellhead protection
area so as to permanently protect the City of Ithaca's drinking
water source from long-term contamination originating from land use
activities on the earth's surface. Due to the vulnerability of
groundwater to contamination, the need for public health protection,
and the significant public investment in the municipal water supply
system, these regulations contain protective measures which do not
apply to other areas of the community. The requirement and restrictions
defined in this article shall be applied as additional requirements
and restrictions to the standards identified in this ordinance for
the applicable underlying zoning districts within the designated wellhead
protection area.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
But is not limited to, any spilling, leaking, seeping, pouring,
misapplying, emitting, emptying or dumping of any pollutants prohibited
by lawful statute or regulation which occurs and which affects surface
water and groundwater.
That area of the City in which special requirements and restrictions
are applied to land uses and activities to eliminate or minimize contamination
of the aquifers supplying the City's municipal water wells. The
overlay zone is described by an opaque map representing the wellhead
protection area superimposed on the City's official zoning map.
The surface and subsurface area surrounding a public water
supply well through which contaminants, if spilled or deposited, will
most likely pass and eventually reach the well or wellfield. This
area is also known as the zone of contribution (ZOC).
The City of Ithaca wellhead protection area is that area whose
boundaries are defined by a hydrogeologic investigation delineating
the characteristics of the aquifers supplying the City's municipal
water wells. The wellhead protection area shall be visually identified
by an overlay zone on the City's official zoning map.
The requirements of this article apply to any person, firm,
or corporation within the wellhead protection overlay zone when new
or expanded land uses are proposed.
No land uses within the wellhead protection overlay zone subject
to regulation under this ordinance shall be constructed or expanded
unless a special use permit has been granted by the Planning Commission.
The wellhead protection overlay zone shall be mapped and the
land area where water infiltrates into the soils and reaches groundwater
used by the public water supply wells shall be delineated. The wellhead
protection overlay zone map shall indicate the criteria and methods
used to prepare the map and shall be periodically reviewed. The wellhead
protection overlay zone map shall be incorporated into this ordinance
upon completion of the hydrogeologic investigation by a professional
hydrogeologist delineating the area, flow, depth and characteristics
of the aquifers supplying the City's municipal water wells.
All residential, commercial, industrial and public uses within
the wellhead protection overlay zone shall be connected to available
public wastewater treatment facilities.
All land uses proposed or expanded within the wellhead protection
area shall conform to the permitted uses or uses allowed by special
permit for the applicable underlying zone, and shall meet the special
land use site plan review standards specified in Article 22. All land
uses and activities existing within the wellhead protection area prior
to the approval of the City's wellhead protection plan by the
appropriate state agency must conform to the special land use site
plan review standards in this article within 180 days after approval
of the wellhead protection plan.
Data required for special land use review purposes for all proposed
uses in the wellhead protection area includes the following:
(a)
Listing of types and quantities of hazardous substances which
will be used or stored on site at the facility in quantities greater
than 25 gallons per month.
(b)
Completion of the hazardous substances reporting form, as provided
by the Zoning Administrator.
(c)
Location of existing and proposed service facilities and structures,
above and below ground, including:
(1)
General location of the site within the wellhead protection
area.
(2)
Areas to be used for the storage, use, loading/unloading, recycling,
or disposal of hazardous substances, including interior and exterior
areas.
(3)
Underground storage tank locations.
(4)
Location of exterior drains, dry wells, catch basins, retention/detention
areas, sumps and other facilities designed to collect, store or transport
stormwater or wastewater. The point of discharge for all drains and
pipes shall be specified on the site plan.
(d)
Location of existing wetlands and watercourses, including ponds
and streams on or within one-quarter mile of the site.
(e)
Soil characteristics of the site, at least to the detail provided
by the U.S. Soil Conservation Service.
(f)
Existing topography, with a maximum contour interval of two
feet indicated.
(g)
Delineation of areas on the site which are known or suspected
to be contaminated, together with a report on the status of site cleanup.
(h)
An affidavit stating that any existing commercial, industrial,
or public utility facility is in compliance with county, state and
federal regulations.
(i)
A county/state environmental permits checklist, indicating the
types of environmental permits and approvals which may be needed for
the proposed project.
All projects proposed for special land use approval within the
wellhead protection area shall meet the following minimum standards,
in addition to the applicable standards in Article 22 and the general
standards of § 20.03:1.
(a)
Sites at which hazardous substances are stored, used or generated
shall be designed to prevent spills and discharges to the air, surface
of the ground, groundwater, streams, or wetlands.
(b)
Secondary containment of hazardous substances shall be provided
for areas where such substances are stored or used. Secondary containment
shall be sufficient to store the substance for the maximum anticipated
period of time necessary for the recovery of any released substance.
(c)
General purpose floor drains shall be approved for connection
to a public sewer system, an on-site holding tank, or a system authorized
through a state groundwater discharge permit.
(d)
State and federal agency requirements for storage, spill prevention,
recordkeeping, emergency response, transport and disposal of hazardous
substances shall be met, including, but not limited to, the following:
(e)
Commercial or industrial land uses shall have specially designed
stormwater facilities in areas where hazardous substance spills may
occur. Such facilities shall be designed to:
(f)
Runoff collection systems for roads and parking lots shall be
able to control at least the first inch of rainwater.
(g)
All guidelines and requirements of federal, state, the county
and local agencies specified in the state approved wellhead protection
plan for the City of Ithaca.
All special land uses proposed for the wellhead protection area
shall have an approved maintenance plan recorded with the county register
of deeds. The maintenance plan may include standards and operational
requirements related to:
(a)
The application rate and timing of lawn fertilizers.
(b)
The repair and reconstruction of secondary containment dikes
and other spill protection measures.
(c)
The application of de-icing chemicals to road surfaces and parking
lots.
(d)
Maintenance of stormwater management facilities located on site.
(e)
Other topics identified in the City of Ithaca Wellhead Protection
Plan.
All applicants for special use permits in the Wellhead Protection
Overlay District shall pay an administrative fee sufficient to cover
the expense of reviewing and approving the proposal, including, but
not limited to, the cost of planning and engineering site reviews.
Such fee shall be set by City Council.
