[Adopted 10-12-1994]
This article shall be known, cited and referred
to as the "Wellhead Protection Ordinance (WHPO)."
A.
The users of the Ledgeview Sanitary District No. 2's
water supply system depend exclusively on groundwater for a safe drinking
water supply. Certain land use practices and activities can threaten
or degrade groundwater quality. The purpose of the WHPO is to institute
land use regulations and restrictions to protect the Ledgeview Sanitary
District No. 2's municipal water supply, and to promote the public
health, safety and general welfare of the residents of the Sanitary
District and the Town of Ledgeview.
B.
These regulations are established pursuant to the
authority granted the town by W.S.A. s. 60.61, which provides for
groundwater protection in municipal planning and zoning.
A.
The regulations specified in the WHPO shall apply
within the Town of Ledgeview's corporate limits.
B.
No new use or change in use of any structure or land
shall be located, extended, converted or structurally altered and
no development shall commence without full compliance with the terms
of this article and other applicable regulations.
As used in this article, the following terms
shall have the meanings indicated:
A saturated, permeable, geologic formation that contains
and will yield significant quantities of water.
The cone-shaped area around a well, in which the water level
is lowered by pumping of the well. The cone of depression for Well
No. 1 of the Ledgeview Sanitary District No. 2's water supply system
has been estimated to be 25 miles in diameter. The estimate was determined
by a hydrogeologic study prepared by the United States Geological
Survey (USGS), dated August 1986. The cone of depression underlies
the entire Town of Ledgeview.
T.O.T.) -- The outer boundary of the recharge area, of which
it is determined or estimated that groundwater and potential contaminants
will take five years to reach a pumping well(s).
Ridge in the water table, or potentiometric surface, from
which groundwater moves away at right angles in both directions; line
of highest hydraulic head in the water table or potentiometric surface.
AREA A -- That area contained on the map attached as Exhibit
A and incorporated herein.[1]
An existing lawful use of land, structure, building or accessory
use which is not in conformity with the provisions of this article.
The area in which water reaches the zone of saturation by
surface infiltration and encompasses all areas or features that supply
groundwater recharge to a well.
A piece of land used primarily for the purpose of supplying
a location for construction of wells to supply a municipal water system.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
The Groundwater Protection Area - Area A is
the lands immediately surrounding the well. Refer to Figure No. 1
attached as Exhibit A.[1] Limitations which are placed on this area are those identified
in the Administrative Code and those prohibited uses in Subsection
C below. The area is an area within a one-thousand-two-hundred-foot
radius of the well. The setbacks to contamination sources as set forth
in Wisconsin Administrative Code Section NR 811 shall be part of this
article and enforceable under this article.
A.
Administrative Code separation distances.
(1)
Intent. The area to be protected are the lands immediately
surrounding Well No. 1. These lands are subject to the most stringent
land use and development restrictions because of their close proximity
to the well field and the corresponding high threat of contamination.
(2)
Separation distances from the municipal well. (NOTE:
Refer to Table 1 attached as Exhibit B.[2])
(a)
Fifty feet between a well and a storm sewer
main.
(b)
Two hundred feet between a well and any sanitary
sewer main, lift station or single-family residential fuel oil tank.
A lesser separation distance may be allowed for sanitary sewer mains
where the sanitary sewer main is constructed of water main materials
and joints and pressure tested in place to meet current AWWA 600 specifications.
In no case may the separation distance between a well and a sanitary
sewer main be less than 50 feet.
(c)
Four hundred feet between a well and a septic
tank receiving less than 8,000 gallons per day, a cemetery or a stormwater
drainage pond.
(d)
Six hundred feet between a well and any gasoline
or fuel oil storage tank installation that has received written approval
from the Department of Industry, Labor and Job Development (DILJD)
or its designated agent under Wisconsin Administrative Code Section
ILHR 10.10.
(e)
One thousand feet between a well and land application
of municipal, commercial or industrial waste; industrial, commercial
or municipal wastewater lagoons or storage structures; manure stacks
or storage structures; and septic tanks or soil absorption units receiving
8,000 gallons per day or more.
(f)
Twelve hundred feet between a well and any solid
waste storage, transportation, transfer, incineration, air curtain
destructor, processing, wood burning, one-time disposal or small demolition
facility; sanitary landfill; 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 Industry, Labor and Job Development
or its designated agent under Wisconsin Administrative Code Section
ILHR 10.10; bulk fuel storage facilities; and pesticide or fertilizer
handling or storage facilities.
[2]
Editor's Note: Exhibit B is included at the end of this chapter.
B.
Permitted uses. The following uses are permitted within
the area:
C.
Prohibited uses. The following uses are prohibited
uses within Area A.
(1)
Pesticide and/or fertilizer storage and use.
(2)
Septage and/or sludge spreading.
(3)
Animal waste landspreading.
(4)
Animal waste facilities.
(5)
Animal confinement facilities.
(6)
Gas stations.
(7)
Vehicle repair establishments, including auto body
repair.
(8)
Printing and duplicating.
(9)
Bus or truck terminals.
(10)
Repair shops.
(11)
Wastewater treatment facilities.
(12)
Spray wastewater facilities.
(13)
Junkyards or auto salvage yards.
(14)
Bulk fertilizer and pesticide facilities.
(15)
Asphalt products manufacturing.
(16)
Dry-cleaning facilities.
(17)
Salt storage.
(18)
Electroplating.
(19)
Exterminating shops.
(20)
Paint and coating manufacturing.
(21)
Hazardous and toxic materials storage and use.
(22)
Hazardous and toxic waste facilities.
(23)
Radioactive waste facilities.
(24)
Tire and battery services.
(25)
Garage and vehicular towing.
(26)
Public and municipal maintenance garages.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
A.
Individuals and/or facilities may request the Town
of Ledgeview to permit other land uses in the Groundwater Protection
Area A.
B.
All requests shall be in writing to the Town of Ledgeview
and shall include an environmental assessment report prepared by a
licensed professional engineer.
C.
A copy of the environmental assessment report shall
be forwarded to the Sanitary District President or designee for recommendation
to the Town Board.
D.
Any permitted uses shall be conditional and may include
required environmental and safety monitoring consistent with local,
state and federal requirements, and/or bonds and/or sureties satisfactory
to the town.
Insofar as the standards in this section are
not inconsistent with the provisions of W.S.A. s. 62.23(7)(h), they
shall apply to all nonconforming uses. The existing lawful use of
a structure or building or its accessory use which is not in conformity
with the provisions of this article may be continued subject to the
following conditions:
A.
No modifications or additions to a nonconforming use
shall be permitted unless they are made in conformity with the provisions
of this section. For the purposes of this section, the words "modification"
and "addition" shall include but not be limited to any alteration,
addition, modification, rebuilding or replacement of any such existing
structure or accessory use. Ordinary maintenance repairs are not considered
structural repairs, modifications or additions; such ordinary maintenance
repairs include internal and external painting, decorating, paneling
and the replacement of doors, windows and other nonstructural components.
B.
If a nonconforming use is discontinued for 12 consecutive
months, any future use of the land, structure or building shall conform
with the appropriate provisions of this article.
A.
Facilities shall provide copies of all federal, state
and local facility operation approvals or certificate and ongoing
environmental monitoring results to the Town of Ledgeview.
B.
Facilities shall provide additional environmental
or safety structures/monitoring as deemed necessary by the Town of
Ledgeview, which may include but are not limited to stormwater runoff
management and monitoring.
C.
Facilities shall replace equipment or expand in a
manner that improves the existing environmental and safety technologies
already in existence.
D.
Facilities shall have the responsibility of devising
and filing with the Town of Ledgeview a contingency plan satisfactory
to the Town of Ledgeview for the immediate notification of Town of
Ledgeview officials in the event of an emergency.
E.
In the event that the individual and/or facility causes
the release of any contaminants which endanger the district, the activity
causing said release shall immediately cease and a cleanup satisfactory
to the town shall occur.
F.
The individual/facility shall be responsible for all
costs of cleanup, town consultant fees at the invoice amount, plus
administrative costs for oversight, review and documentation.
A.
Violations. It shall be unlawful to construct or use
any structure, land or water in violation of any of the provisions
of this article. In case of any violation, the Town Board may institute
appropriate action or proceedings to enjoin a violation of this article.
B.
Penalties. Any person, firm or corporation who or which fails to comply with the provisions of this article shall, upon conviction thereof, forfeit an amount as determined by the Town Board in Chapter 1, General Provisions, Article II, Fees and Penalties, plus the costs of prosecution for each violation, and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days, or, in the alternative, shall have such costs added to his or its real property as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.
