This article is adopted pursuant to Wis. Stat. § 62.23(7a) and the amendments thereto, which grants the Village the authority to enact extraterritorial zoning regulations, and which, by its terms, makes applicable the provisions of Wis. Stat. § 62.23(7)(c) and the amendments thereto, which grants the Village the authority to enact zoning regulations to protect groundwater resources and to promote health and the general welfare.
The purpose of the Extraterritorial Zoning District is to institute land use regulations and restrictions protecting the municipal water supply of the Village of Waterford, following the boundary line requirements of Wis. Stat. § 62.23(7a)(a).
The Extraterritorial Zoning District shall be considered a holding district, wherein existing zoning districts, as set forth by the County of Racine and adopted by the Town of Waterford, shall be retained within subdistricts, and the uses, area requirements, and yard setback requirements set forth in Chapter 20 of the Racine County Code of Ordinances, the applicable provisions of which are adopted as though fully set forth herein, shall remain in full force and effect, except as limited within the Extraterritorial Wellhead Protection Area Overlay District set forth in this article.
The location of the subdistricts and the regulations within the Extraterritorial Zoning District are as follows:
A. A-1 Holding.
(1) Location: all of that land zoned A-1 General Farming District I on the date of enactment of this article, identified as all of that land within the Extraterritorial Zoning District which lies west of the westerly right-of-way line of State Trunk Highway 36 and north of the east-west center line of Section 25, along with all of that land lying south of the east-west center line of Section 25 West which also lies between the westerly right-of-way line of State Trunk Highway 36 and the easterly corporate limits of the Village of Waterford, shall be zoned A-1 Holding Subdistrict.
(2) Regulation. The A-1 Holding Subdistrict shall be subject to the provisions of Division 23 of Chapter 20 of the Racine County Code of Ordinances as adopted, administered and further limited by the provisions of this article.
B. A-2 Holding.
(1) Location: all of that land zoned A-2 General Farming and Residential District II on the date of enactment of this article, identified as all of that land within the Extraterritorial
Zoning District which lies south of the east-west center line of Section 25 and west of the westerly corporate limits of the Village of Waterford, along with all of that land lying south of the east-west center line of Section 25 and east of the easterly right-of-way line of State Highway 36, excluding therefrom all of that land identified as Tax Identification Parcel 016-04-19-25-021-001 as it existed on the effective date of this article and as legally described in Subsection
C(1), shall be zoned A-2 Holding Subdistrict.
(2) Regulation. The A-2 Holding Subdistrict shall be subject to the provisions of Division 24 of Chapter 20 of the Racine County Code of Ordinances as adopted, administered and further limited by the provisions of this article.
C. B-3 Holding.
(1) Location: all of that land zoned B-3 Commercial Service District on the date of enactment of this article, identified as all of that land within the Extraterritorial Zoning District which lies north of the east-west center line of Section 25 and east of the easterly right-of-way line of State Highway 36, along with all of that land identified as Tax Identification Parcel 016-04-19-25-021-001 as it existed on the effective date of this article, and legally described as:
| That part of the Northeast 1/4 of the Southeast 1/4 of Section 25, Town 4 North, Range 19 East of the Fourth Principal Meridian in the Town of Waterford and being more particularly described as follows: |
| Commerce at the Northeast corner of said Southeast 1/4 Section; thence S 01-08-23 E along the East line of said Southeast 1/4 Section, 50.03 feet (recorded as 50 feet); thence S 89-09-42 W 63.52 feet to the point of beginning of this description; thence S 31-05-10 W 530.48 feet; thence N 66-22-55 W 246.05 feet to a point on the Easterly line of STH 36; thence N 18-41-56 E along the East line of said Highway 106.42 feet; thence N 31-05-10 E along the East line of said Highway 297.41 feet; thence N 89-09-42 parallel with and 50 feet south of the North line of the Southeast 1/4 of Section 25, 311.57 feet to the place of beginning shall be zoned B-3 Holding Subdistrict. |
(2) Regulation. The B-3 Holding Subdistrict shall be subject to the provisions of Division 18 of Chapter 20 of the Racine County Code of Ordinances as adopted, administered and further limited by the provisions of this article.
D. ETWPA.
(1) Location: all of that land lying within the Wellhead Protection Zone for Well Nos. 4 and 5 and delineated on "Exhibit A — Wells No. 4 and 5 Wellhead Protection Area" to the "Wellhead Protection Plan for the Village of Waterford Municipal Wells No. 4 and No. 5," which lies within the Extraterritorial Zoning District, shown on the map attached hereto as all of that land lying within the heavy dotted lines and outside of the Village boundaries, described as follows: all of that land lying within Sections 25 and 36, Town 4 North, Range 19 East, of the Town of Waterford, County of Racine, State of Wisconsin, described as: Commencing at the center of Section 25 T4N R19E; thence S 87-56-46 W, 238.5 feet; thence southeasterly along the northeast right-of-way line of State Highway "164", 516.1 feet to the quarter section line of Section 25; thence S 0-16-26 E, 656.8 feet; thence S 87-40-44 W 1093.4 feet; thence N 0-16-26 W, 502.8 feet; thence N 42-42-34 E, 1311.6 feet; thence N 87-52-2 E, 1563.1 feet; thence S 51-26-13 E, 1656.8 feet; thence S 0-9-16 E, 1673.9 feet; thence S 45-0-0 W, 1515.6 feet; thence S 87-44-28 W, 803.4 feet to the west right-of-way line of State Highway "36"; thence northerly along said right-of-way to the northeast right-of-way line of State Highway "164"; thence N 0-13-3 W, 1694.3 feet; thence S 87-52-3 W, 1328.6 feet to the point of beginning shall be zoned ETWPA (Extraterritorial Wellhead Protection Area Overlay District).
(2) Regulation.
(a) Within the ETWPA, land use and activities in the recharge area of Well No. 4 and No. 5 of the Village of Waterford shall be regulated for the purpose of protecting the groundwater recharge area for Well No. 4 and No. 5 from contamination. The ETWPA is necessary to institute land use regulations and restrictions within the area which contributes water directly to the municipal water supply, so as to promote public health, safety and welfare in the Village and to minimize public costs.
(b) The regulations specified in this section shall apply to the areas of the Town of Waterford that lie within the area identified as the ETWPA and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between the provisions of this overlay district and the underlying zoning district, the more restrictive provision shall apply.
(c) Definitions. As used in this section, the following terms shall have the meanings indicated:
AQUIFER A saturated permeable geologic formation that contains and will yield significant quantities of water.
CONE OF DEPRESSION The area around a well, in which the water level has been lowered at least one foot by pumping of the well.
FIVE-YEAR TIME OF TRAVEL The recharge area upgradient of the cone of depression, the outer boundary of which it is determined or estimated that groundwater will take five years to reach a pumping well.
RECHARGE AREA In general, the recharge area is the area which encompasses all areas or features that, by surface infiltration of water that reaches the zone of saturation of an aquifer, supplies groundwater to a well. The minimum separation distance between a well and certain potential contaminants is 1,200 feet, and, where the actual recharge area is less than 1,200 feet from a well, "recharge area" as used herein includes all of those areas lying within 1,200 feet from a well or within the five-year time of travel, whichever is greater.
THIRTY-DAY TIME OF TRAVEL The recharge area upgradient of a well, or its cone of depression, the outer boundary of which it is determined or estimated that groundwater will take 30 days to reach a pumping well.
ZONE OF SATURATION The saturated zone is the area of unconsolidation, fractured or porous material that is saturated with water and constitutes groundwater.
(d) Permitted uses. Permitted uses within the ETWPA are subject to the separation distance requirements set forth in Subsection
D(2)(e) below, and the prohibition of uses, activities or structures designated in Subsection
D(2)(f) below, and are also subject to the underlying
zoning requirements, and include:
[1] Public and private parks, provided there are no on-site wastewater disposal systems or holding tanks within the applicable separation distance required in Subsection
D(2)(e).
[3] Wildlife areas and natural areas.
[4] Trails such as biking, hiking, skiing, nature and fitness trails.
[5] Residential which meets the separation distances listed in Subsection
D(2)(e).
[6] Agricultural activities which are conducted in accordance with United States Department of Agriculture, Natural Resources Conservation Service, Wisconsin Technical Guide, Nutrient Management Standard 590 (see Wis. Admin. Code ch. NR 151 and ch. ATCP 50).
[7] Commercial establishments which are not municipally sewered, provided that the separation distances required in Subsection
D(2)(e) are maintained.
(e) Separation distance requirements. The following separation distances as specified in Wis. Admin. Code s. NR 811.16(4)(d) shall be maintained [and even though a separation distance is listed here, the used may be further regulated in Subsection
D(2)(f)]:
[1] Between Well No. 4 or 5 and a stormwater sewer main or any sanitary sewer main constructed of water main materials and joints which is pressure tested in place to meet current AWWA 600 specifications: 50 feet.
[2] Between Well No. 4 or 5 and any sanitary sewer main, sanitary sewer manhole, lift station or single-family residential fuel oil tank: 200 feet.
[3] Between Well No. 4 or 5 and a septic tank or soil adsorption unit receiving less than 8,000 gallons per day or a stormwater drainage pond: 400 feet.
[4] Between Well No. 4 or 5 and any gasoline or fuel oil storage tank installation that has received written approval from the Department of Commerce or its designated agent under Wis. Admin. Code s. Comm 10.10: 600 feet.
[5] Between Well No. 4 or 5 and land application of municipal, commercial or industrial waste; or industrial, commercial or municipal waste water storage structures: 1,000 feet.
[6] Between Well No. 4 or 5 and any post-consumer recycling facility engaged in solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the Department of Commerce or its designated agent under Wis. Admin. Code s. Comm 10.10; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities: 1,200 feet.
[7] Separation distances listed in Wis. Admin. Code s. NR 811.16(4)(d) but not listed in this subsection shall be applicable in the Extraterritorial Wellhead Protection Overlay District.
(f) Prohibited uses. The method of regulation by prohibition of certain uses is employed to provide the greatest assurance that inadvertent discharge of pollutants into the groundwater supply will not occur, since such an event would result in almost certain contamination of the public water supply and costly mitigation or remediation for which liability is difficult or impossible to establish. The prohibited uses, activities or structures inside the ETWPA include:
[1] Above- and below-ground hydrocarbon or petroleum storage tanks that have not received written approval from the Department of Commerce or its designated agent under Wis. Admin. Code s. Comm 10.10.
[3] Chemical manufacturers (Standard Industrial Classification Major Group 28).
[5] Dry cleaners with on-site cleaning facilities.
[6] Hazardous, toxic or radioactive materials transfer and storage under Title III or SARA planning.
[7] Industrial lagoons and pits.
[8] Landfills and any other solid waste facilities, except post-consumer recycling.
[9] Manure storage or manure stacks or storage structures.
[10] Nonmetallic earthen materials extraction or sand and gravel pits.
[11] Bulk pesticide and bulk fertilizer transfer or storage.
[12] Railroad yards and maintenance stations.
[13] Rendering plants and slaughterhouses.
[14] Bulk salt or bulk deicing material storage.
[16] Septage or sludge spreading, storage or treatment.
[17] Septage, wastewater, or sewage lagoons.
[18] Private on-site wastewater treatment systems or holding tanks receiving 8,000 gallons per day or more.
[20] Vehicular services stations, repair, renovation and body working [Gasoline filling stations are allowed if they meet the separation distance requirements in Subsection
D(2)(e).]
[22] The boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under NR 718 while that facility is in operation.
(g) Requirements for existing facilities which may cause or threaten to cause environmental pollution. Existing facilities within the ETWPA at the time of enactment of this section which may cause or threaten to cause environmental pollution include, but are not limited to, those which are named in the Wisconsin Department of Natural Resources current "Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution," or the Wisconsin Department of Commerce's list of underground storage tanks or list of facilities with hazardous solid waste permits, and all other facilities which are considered a prohibited use in Subsection
D(2)(f), all of which are incorporated herein as if fully set forth.
[1] Such facilities as above which exist within the ETWPA at the time of enactment shall provide copies of all federal, state and local facility operation approval or certificates and on-going environmental monitoring results to the Village.
[2] Such facilities as above which exist within the ETWPA at the time of enactment shall provide environmental or safety structures/monitoring to include an operational safety plan, hazardous material containment, best management practices, stormwater runoff management and groundwater monitoring.
[3] Such facilities as above which exist within the ETWPA at the time of enactment shall replace equipment, or expand on the site or property of record associated with the facility, in a manner that improves the environmental and safety technologies already being utilized.
[4] Such facilities as above which exist within the ETWPA at the time of enactment shall have the responsibility of devising, filing and maintaining, with the Village, a contingency plan which details how they intend to respond to any emergency which occurs at their facility, including notifying municipal, county and state officials.
[5] Such facilities as above shall not engage in or employ a use, activity, or structure listed in Subsection
D(2)(f) above which they did not engage in or employ at the time of the enactment of this section, and may only expand those present uses, activities, or structures on the site or property of record associated with the facility at the time of enactment in a manner that improves the environmental and safety technologies already being utilized.
(h) Changing technology.
[1] The uses prohibited in the ETWPA are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by a particular use considered to be of a high risk for pollution to the groundwater resource. As the technology of other uses change to low- or non-risk materials or methods, upon petition from such use, after conferring with the Department of Natural Resources, or other expert opinion, and after appropriate public notice and hearing, the Village through appropriate procedures and actions to change these provisions of the Municipal Code, as set forth in § 245-84C, may remove from the designated prohibited uses such uses as are demonstrated convincingly that they no longer pose a groundwater pollution hazard.
[2] In dealing with uses which attempt to become permissible, under the terms of the ETWPA, by continuing to use pollutant materials but altering their processing, storage and handling, it is not the intention to accept alternate or reduced hazards as the basis for making a use permissible. It is the intention to continue a prohibition on such uses until the technology of the use removes reliance upon the pollutant materials or processes deemed to be a groundwater hazard.