The wellhead protection area (WHPA) delineated represents the recharge area for the Town of Myersville, Frederick County, MD water supply. The boundaries of the WHPA are based on groundwater flow direction and groundwater divides inferred from topography and groundwater discharge areas, changes in formation type, permitted withdrawal rates, linear features (fracture traces) and a calculated down-gradient zone of contribution using the average annual withdrawal rate. A detailed explanation and basis for the delineation is described in the "Source Water Assessment" report, prepared by MDE in June 2001.
The maps delineating the Wellhead Protection District are entitled "Myersville Spring and Wellhead Protection Areas Map" - June 2001 and are incorporated herein and made a part of this chapter. The maps shall be on file and maintained by the Town of Myersville. Accurate copies of these maps shall be made available for review by the public.
In determining how properties within the Wellhead Protection District depicted on the Myersville Spring and Wellhead Protection Areas Map - June 2001 are affected by the requirements of this chapter the following rules shall apply:
A. 
Properties located wholly within the Wellhead Protection District as reflected on the Myersville Spring and Wellhead Protection Areas Map - June 2001 shall be governed by the restrictions stated herein.
B. 
For properties located partly within the Wellhead Protection District, as reflected on the Myersville Spring and Wellhead Protection Areas Map - June 2001. only those areas within the Wellhead Protection District shall be governed by the restrictions stated herein.
C. 
Where the boundary line of the Wellhead Protection District passes through a building, the entire building shall be considered to be in the Wellhead Protection District.
A. 
The boundary of the Wellhead Protection District or individual zones within the district may be modified should additional information or analysis be provided that shows that the current boundary lines no longer appropriately reflect the criterion which they purport to represent.
B. 
Procedures for modification of such boundaries shall be as follows:
(1) 
The applicant wishing a change in boundary shall provide the evidence to the Town Planner. The applicant shall petition the Town Planner for a special hearing/district reclassification and be required to present detailed hydrogeologic and hydrologic information to the Board of Appeals indicating where in fact the new boundary line should be drawn. The applicant shall provide eight copies of all reports and maps to the Town Planner for a technical review of geologic and hydrologic and any other relevant information. Maps shall be submitted on the same scale or more detailed as the official Wellhead Protection District Maps.
(2) 
The Town Planner shall seek competent technical advice of such a change request. The technical advisor selected by the Town of Myersville shall be given a copy of the information given to the Town Planner and be granted adequate time to comment on the proposed change.
(3) 
The burden of proof shall be on the applicant to show that the current boundaries do not represent the criterion which they purport to represent.
(4) 
If, after receiving written advice from the Town of Myersville planning team and/or other technical advisors, the Town Planner believes that the proposed change has merit, all property owners potentially affected by the changes shall be sent notices indicating the proposed change. An opportunity for public comment of 60 days after notices are sent shall be provided.
(5) 
After close of the comment period the Town Planner shall make his decision.
(6) 
Any maps so revised shall be incorporated and made part of this chapter and kept on file and available to the public for review by the Town of Myersville.