[Added 3-29-2005 STM by Art. 2]
The purpose of the Wellhead Protection District
3 is to protect the zone of contribution to the aquifer that recharges
the Alfred Water District wells from land uses which pose a threat
to the quality and/or quantity of the groundwater extracted for public
use.
The boundary of the Wellhead Protection District
3 corresponds to the area defined as "Approximate Zone of Contribution
for PW-1; " established by geologic study and numeric modeling, performed
by Emery & Garrett Groundwater, Inc., in February 2004 (Job Number:
ME 0366) and approved by the Maine Department of Health and Human
Services Drinking Water Program on February 20, 2004. The location
and boundaries of the Wellhead Protection District 3 are established
as shown on the Official Zoning Map and are hereby made a part of
this chapter.
[Amended 3-11-2006 ATM by Art. 24; 3-9-2007 ATM by Art. 25]
Except for legal nonconformities, building or land used or occupied, lots created, and buildings erected, constructed, reconstructed, moved or structurally altered, whether requiring a land use permit or not, must comply with the requirements of Articles XVII and XVIII (general and specific performance standards) of this chapter and the following dimensional requirements:
The permitted uses in the Wellhead Protection District 3 are those indicated in the Land Use Table, in Article V of this chapter.
Any use indicated as "Pw" in the Land Use Table in Article V of this chapter shall only be permitted within buildings erected and in existence as of Tuesday, March 29, 2005.
Any applicant who wishes to establish a new
use indicated as Pw or change from one permitted use to another, shall
provide the Planning Board with engineering studies that indicate
that any nitrates discharged from the subsurface wastewater system
shall be diluted to a maximum level of five mg per liter upon reaching
the property line. A maintenance and monitoring plan for the operation
of the subsurface wastewater system shall be submitted, along with
a sufficient performance guarantee, to the Town of Alfred, to insure
that maintenance and monitoring shall be carried out, and to insure
against system failure. The nature and terms of such a performance
guarantee shall be determined by the Planning Board after discussion
with the Board of Selectmen.
No net expansion of existing buildings containing an existing or proposed use indicated as "Pw" in the Land Use Table in Article V of this chapter, shall be permitted with respect to footprint area or volume of habitable space in existence as of Tuesday, March 29, 2005. No net increase in the area of impervious surfaces, in existence as of Tuesday, March 29, 2005, and associated with such buildings, shall be permitted on the site.
A.
Whenever the Code Enforcement Officer finds that a
use located within the Wellhead Protection District 3 and which was
in existence as of Tuesday, March 29, 2005, poses an actual or potential
threat to the safety or quality of the public groundwater supply,
the Code Enforcement Officer shall investigate the threat and notify
the landowner, and refer the matter to the Planning Board for a public
hearing. After a public hearing, the Planning Board may order the
property owner to grant permission to the Alfred Water District to
install groundwater monitoring wells and to conduct testing for groundwater
contamination. Installation of monitoring wells, testing and monitoring
of groundwater in such cases shall be at the sole cost of the municipality
or the Water District, provided that if such testing indicates that
the use is found to cause or contribute to reduction of 80% or more
of the state primary or secondary drinking water standards at the
water district property line, the property owner shall reimburse the
municipality or water district for all expenses incurred for such
installation, testing and monitoring.
B.
For any new uses located in Wellhead Protection District
3, established after Tuesday. March 29, 2005, the Planning Board shall
require, as a condition of approval, for the property owner and/or
applicant to grant permission for installation of groundwater monitoring
wells and for the Alfred Water District to conduct testing for groundwater
contamination. Installation of monitoring wells, testing and monitoring
of groundwater in such cases shall be at the sole cost of the owner
and/or applicant.
