[HISTORY: Adopted by the Common Council of the City of Waterloo 3-5-2009 by Ord. No. 2009-02. Amendments noted where applicable.]
Nuisances — See Ch. 261.
Property maintenance — See Ch. 288.
Construction site erosion control — See Ch. 372.
Floodplain zoning — See Ch. 375.
Postconstruction stormwater management — See Ch. 377.
Subdivision of land — See Ch. 380.
Zoning — See Ch. 385.
Editor's Note: This ordinance was adopted as Ch. 386, but was renumbered to fit into the organizational structure of the Code.
This chapter shall be known, cited and referred to as the "Wellhead Protection Ordinance" (hereinafter referred to as "WHP Ordinance").
Residents in the City of Waterloo depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this chapter is to institute land use regulations and restrictions to protect the City's municipal water supply and well fields, and to promote the health, safety and general welfare of the residents of the City of Waterloo.
Statutory authority of the City to enact these regulations was established by the Wisconsin Legislature in § 62.23(7)(a) and (c), and § 236.45, Wis. Stats. Under these statutes, the City has the authority to enact this chapter, effective in the incorporated areas of the City, and certain surrounding areas, to encourage the protection of groundwater resources.
The regulations specified in this chapter shall apply within the City's corporate limits and to lands subject to the City's extraterritorial plat approval jurisdiction, as defined in § 236.02(5), Wis. Stats.
The following terms shall have the following meanings:
- A saturated, permeable, geologic formation that contains and will yield significant quantities of water.
- EXISTING FACILITIES
- Current facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the City's wellhead protection area that lies within the corporate limits of the City. Existing facilities include but are not limited to the type listed in the Department of Natural Resources Form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form, which is incorporated herein as if fully set forth.
- GROUNDWATER PROTECTION OVERLAY DISTRICT
- That portion of the recharge area for the City wells that lies within the City limits and in the City's extraterritorial plat approval jurisdiction as shown in the map attached hereto as Exhibit A and incorporated herein as if fully set forth.
- RECHARGE AREA
- The land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well. This area extends beyond the corporate limits of the City of Waterloo.
- WELL FIELD
- A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.
Editor's Note: Exhibit A is on file in the City offices.
Separation distance. The following minimum separation distances shall be maintained within the Groundwater Protection Overlay District:
Fifty feet between a well and storm sewer main.
Two hundred feet between a well and any sanitary sewer main, sanitary sewer manhole, 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 American Waterworks Association (AWWA) C600 specification. In no case may the separation distance between a well and sanitary sewer main be less than 50 feet.
Four hundred feet between a well and a septic tank or soil absorption unit receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.
Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Commerce (hereafter "Commerce") or its designated agent under § Comm 10.110, Wis. Adm. Code.
One thousand feet between a well and land application of municipal, commercial or industrial waste; boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under Ch. NR 718 while that facility is in operation; 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.
One thousand two 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; any property with residual groundwater contamination that exceeds Ch. NR 140 enforcement standards that are shown on the Department of Natural Resources' geographic information system registry of closed remediation sites; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from Commerce or its designated agent under § Comm 10.110, Wis. Adm. Code; bulk fuel storage facilities; and pesticides or fertilizer handling or storage facilities.
Two groundwater overlay district zones. This District is hereby divided into Zone A and B.
Zone A. Identified as the primary source of water for the municipal well aquifer and as the area most likely to transmit groundwater contamination to the municipal wells. Zone A is more restrictive than Zone B.
Permitted uses, Zone A. The following uses are permitted uses within the groundwater protection Zone A. Uses not listed shall be considered prohibited uses.
Parks, provided that there is no on-site waste disposal or fuel storage tank facilities associated with this use.
Nonmotorized trails, such as bike, skiing, nature and fitness trails.
Residential, commercial and industrial property, which is municipally sewered and free of flammable and combustible liquid and underground storage tanks (USTs).
Zone B. Identified as a secondary source of water for the municipal wells because of the large cone of depression and a greater time of travel. Zone B is less restrictive than Zone A.
Permitted uses, Zone B. The following uses are permitted uses within the groundwater protection Zone B. Uses not listed shall be considered prohibited uses.
All uses listed as permitted uses in Zone A.
Aboveground petroleum product storage tanks less than 660 gallons. All new or replaced tanks shall be installed in compliance with Ch. Comm 10, Wis. Adm. Code.
Residential, commercial and industrial property which is municipally sewered or has a state-approved sewer and septic system.
Mapping. The location and boundaries of the zoning districts established by this chapter are set forth on the on the City Zoning Map which is incorporated herein and hereby made a part of this chapter. Said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein.
Editor's Note: The City Zoning Map is on file in the City offices.
Existing facilities. Existing facilities located within Zones A or B as of the date of adoption of this Chapter 383, which do not satisfy the separation distance requirements of Subsection A, shall nevertheless be deemed to be authorized conditional uses, subject to the requirements of § 383-6 below.
The Waterloo Plan Commission shall review all requests for approval of permits for land uses in the Groundwater Protection Overlay District. All determinations made by the City of Waterloo Plan Commission within this sixty-day period of limitation may be extended by the City of Waterloo Plan Commission for "good cause," as determined in the sole and absolute discretion of the City of Waterloo Plan Commission.
Upon reviewing all requests for approval, the City of Waterloo Plan Commission shall consider all of the following factors:
The City's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.
The degree to which the proposed land use practice, activity or facility may seriously threaten or degrade groundwater quality in the City of Waterloo or the City's recharge area.
The economic hardship which may be faced by the landowner if the application is denied.
The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.
The proximity of the applicant's property to other potential sources of contamination.
The then-existing condition of the City's groundwater public water wells and wellfields, and the vulnerability to further contamination.
The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.
Any other hydrogeological data or information which is available from any public or private agency or organization.
The potential benefit, both economic and social, from the approval of the applicant's request for a permit.
In granting any conditional use authorized under § 383-4, the Plan Commission may waive or reduce the separation distances otherwise required under § 383-4A, whenever the public interest will be served thereby and provided that appropriate precautions are taken to minimize the risk of release of any harmful contaminants. Any conditional uses granted under this Chapter 383 will be made conditional and may include environmental and/or safety monitoring which indicates whether the facility may be emitting any releases or harmful contaminants to the surrounding environment. The facility will be held financially responsible for all environmental cleanup costs. The City of Waterloo Plan Commission may require that a bond be posted for future monitoring and cleanup costs if deemed necessary at the time of granting an exemption.
The applicant shall be solely and exclusively responsible for any and all costs associated with the application, including all of the following:
The cost of an environmental impact study if so required by the City of Waterloo or its designee.
The cost of groundwater monitoring or groundwater wells if required by the City of Waterloo or its designee.
The costs of an appraisal for the property or other property evaluation expense if required by the City of Waterloo or its designee.
The costs of the City's employee's time associated in any way with the application based on the hourly rate paid to the employee multiplied by a factor, determined by the City, representing the City's costs for expenses, benefits, insurance, sick leave, holidays, overtime, vacation and other similar benefits.
The cost of City equipment employed.
The cost of mileage reimbursed to the City employees.
Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the City of Waterloo.
Existing facilities shall provide additional environmental or safety monitoring as deemed necessary by the City of Waterloo Plan Commission, specifically including the production of any and all environmental statements detailing the extent of chemical use and storage and property.
Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
Existing facilities shall have the responsibility of devising and/or filing with the City of Waterloo a contingency plan satisfactory to the Waterloo Plan Commission for the immediate notification of the appropriate City of Waterloo officers in the event of an emergency.
Property owners with an existing agricultural use shall be exempt from requirements of this chapter as they relate to restrictions on agricultural uses; provided, however, that such exemption shall only apply to the property owners in existence at the time of passage of the chapter and this exemption shall not constitute a covenant running with the land.
Cleanup. In the event an individual and/or facility causes the release of any contaminants which endanger the Groundwater Protection Overlay District, the individual/facility causing said release shall immediately cease and desist, and provide cleanup satisfactory to the City of Waterloo.
Costs. The individual/facility shall be responsible for all costs of cleanup and the City of Waterloo consultant fees at the invoice amount plus administrative costs for oversight, review and documentation, including all of the following:
The cost of City employees' time associated in any way with the cleanup based on the hourly rate paid to the employee multiplied by a factor determined by the City, representing the City's cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation and similar benefits.
The cost of City equipment employed.
The cost of mileage reimbursed to the City employees attributed to the cleanup.
Violations. It shall be unlawful to construct or use any structure, land or water in violation of this chapter. Any person who is specifically damaged by such violations may institute appropriate action or proceeding to enjoin a violation of this chapter.
Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $500, plus the costs of the 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 their real estate property tax bill as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.
In the event any lands located within the City's extraterritorial plat approval jurisdiction as provided for in § 236.02(5), Wis. Stats, are proposed for subdivision, and in the further event such subdivision would permit land uses contrary to the terms of this Chapter 383, there in such events, the proposed subdivision shall be denied as being in conflict with the land use provisions of this chapter.
If any section, subsection, sentence, clause, paragraph or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or other applicable administrative or governing body, such decision shall not affect the validity of any other section, subsection, sentence, clause, paragraph or phrase or portion thereof. The Common Council of the City of Waterloo hereby declares that they would have passed this chapter and each section, subsection, sentence, clause, paragraph or phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses, paragraphs or phrases may be declared invalid or unconstitutional.
All ordinances in conflict with the foregoing are hereby repealed or amended to read consistent with this chapter.