[HISTORY: Adopted by the Common Council of the City of Arcadia 3-26-1997 by Ord. No.
180; amended in its entirety 9-22-2014 by Ord. No. 180D. Subsequent amendments noted where applicable.]
A.
City residents rely on groundwater for a safe supply of drinking
water. The City recognizes that certain land use practices and activities
may impair or injure the quality of the City's groundwater supply.
The Common Council adopts this chapter to regulate and restrict certain
land use practices and activities to protect the quality of the City's
groundwater supply, to protect the City's well fields, and to
promote the health, safety and general welfare of the City's
residents.
B.
The Common Council adopts this chapter pursuant to the authority
granted by § 62.23(7)(c), Wis. Stats., and pursuant to the
requirements of § NR 811.16(5), Wis. Adm. Code.
The regulations adopted pursuant to this chapter shall apply
to people and land use practices and activities within Zone A or within
Zone B.
As used in this chapter, the following terms shall have the
meanings indicated:
A saturated, permeable geologic formation which contains
and will yield significant quantities of water.
The City of Arcadia, a Wisconsin municipal corporation, located
in Trempealeau County, State of Wisconsin.
Any connection between two otherwise separate systems, one
of which contains potable water from a public water system and the
other water from a private source, water of unknown or questionable
safety, or steam, gases, or chemicals, whereby there may be a flow
from one system to the other, the direction of flow depending on the
pressure differential between the two systems.
All pipes or conduits by which water is delivered to consumers
except piping inside buildings served and service pipes from a building
to a distribution main or pipe.
The day after the day on which this chapter is published
in accordance with Wisconsin law.[1]
The separation distances as specified in § NR 811.12(5)(d),
Wis. Adm. Code.
The City's system for providing piped water for human
consumption to the public, and includes:
Any collection, treatment, storage, and distribution facilities
under control of the operator of a system and used primarily in connection
with a system; and
Any collection or pretreatment storage facilities not under
such control of the operator of a public water system which are used
primarily in connection with a system.
The area in which water reaches Zone B by surface infiltration
and includes all areas or features that supply groundwater recharge
to a well.
All structures, conduits, and appurtenances by means of which
water is delivered to consumers, except piping and fixtures inside
buildings served, and service pipes from building to street mains.
Well No. 3, Well No. 4, Well No. 5, Well No. 6 or Well No.
7.[2]
City's well which is located in Section 33, Township
21 North, Range 9 West, Trempealeau County, Wisconsin.
City's well which is located in Section 6, Township
20 North, Range 9 West, Trempealeau County, Wisconsin.
City's well which is located in Section 31, Township
21 North, Range 9 West, Trempealeau County, Wisconsin.
City's well which is located in Section 29, Township
21 North, Range 9 West, Trempealeau County, Wisconsin.
City's proposed well which will be located in Section
4, Township 20 North, Range 9 West, Trempealeau County, Wisconsin.
A parcel of land used primarily for the purpose of locating
wells to supply a municipal water system.
The surface level and subterranean portion of the spherical
area, having the center of a well as its center and having a radius
of 886 feet, the water level of which the continuous pumping of a
well would lower by 1/10 of one foot in one year.
The surface level and subterranean portion of the spherical
area, having the center of a well as its center and having a radius
of 1,336 feet, which constitutes the recharge area upgradient of Zone
A and in which it is estimated that it will take groundwater and potential
contaminants five years to reach a well.
[1]
Editor's Note: This chapter (Ord. No. 180D) was published
10-2-2014.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Figure 9 attached to this chapter contains maps of the Wellhead Protection Area.
A.
Intent. The area within Zone A shall be subject to the most stringent
land use and development restrictions contained in this chapter because
of the area's close proximity to a well and because of the greater
potential for contaminants in Zone A reaching the water in a well.
C.
Authorized uses in Zone A. The following land use practices and activities
are authorized within Zone A:
(1)
Parks, playgrounds, athletic fields, and golf courses; provided,
however, that no such use shall include an on-site waste disposal
or fuel storage facility.
(2)
Areas which serve as habitats for undomesticated animals and insects.
(3)
Museums and public buildings which are connected to and served by
a municipal sanitary sewer system.
(4)
Trails, pathways or walkways which are used for aerobic exercises,
including biking, skiing, walking, jogging, running, skating and roller-blading.
(5)
Residential dwellings, if connected to and served by a municipal sanitary sewer system, subject to the conditions set forth in § 417-5C(3).
(6)
Single-family residential dwellings which are located on recorded
parcels of property on the effective date of this chapter, which have
an on-site sewage disposal system located at least 400 feet from a
well, or at least 200 feet from a well if a sewage holding tank.
D.
Conditional uses in Zone A. Except as prohibited by Subsection E, commercial buildings which are connected to and served by a municipal sanitary sewer system are conditional uses in Zone A and are allowed only in accordance with and subject to the terms of a conditional use permit issued by the City.
E.
Prohibited uses in Zone A. Without limiting the general prohibition in Subsection B, the following land use practices and activities are specifically prohibited in Zone A:
(1)
Underground storage tanks of any size.
(2)
Storage tanks used to store fuel to heat the building in which the
tank is located if the tank is located within the basement of the
building.
(3)
Spreading sewage, septage or sludge.
(4)
Facilities used to store, handle or treat animal waste or carcasses.
(5)
Facilities used to confine animals.
(6)
Gas stations, service stations, automobile repair shops and convenience
stores.
(7)
Printing and duplicating businesses.
(8)
Bus or truck terminals.
(9)
Landfills or waste disposal facilities.
(10)
Wastewater treatment facilities.
(11)
Wastewater land application sites, except industrial pretreatment
facilities.
(12)
Auto salvage yards or other salvage yards.
(13)
Facilities used to manufacture, store and treat fertilizers
or pesticides in bulk quantities.
(14)
Facilities used to manufacture asphalt.
(15)
Dry-cleaning businesses.
(16)
Facilities used to store salt.
(17)
Facilities used for electroplating.
(18)
Exterminating businesses.
(19)
Facilities used to produce paint or other finishing or coating
materials.
(20)
Facilities used for producing, storing, handling, or treating
hazardous materials or waste, toxic materials or waste, or radioactive
materials or waste.
(21)
Facilities used for recycling post-consumer or industrial waste.
(22)
Cemeteries or crematoriums.
(23)
Quarries or gravel pits.
(24)
Stormwater retention or detention ponds.
F.
Subject to applicable federal, Wisconsin and City laws, rules, regulations and ordinances, if any person owns property which is in Zone A and on the effective date the property is used for any of the land use practices or activities listed in Subsection E, the property shall be considered a nonconforming use subject to § 62.23(7)(h), Wis. Stats., as amended from time to time hereafter. Subject to § 62.23(7)(h), Wis. Stats., the property owner shall not make any improvements to the property or modify the property until after the property owner obtains a permit from City's Building Inspector. The permit shall require the property owner to modify the facilities or land use practices or activities to improve or enhance groundwater protection and to comply with this chapter.
B.
Permitted uses in Zone B. Subject to the standards set forth in Subsection C, the following land use practices and activities are permitted within that portion of Zone B which is not within Zone A:
(2)
Residential dwellings which are connected to and served by a municipal
sanitary sewer system.
(3)
Aboveground tanks which store petroleum and which have a volume of
not more than 660 gallons.
(4)
Storage tanks used to store fuel to heat the building in which the
tank is located if the tank is located in the basement of the building.
(5)
Except as prohibited in Subsection E, commercial and industrial uses located in buildings which are connected to and served by a municipal sanitary sewer system.
(6)
Single-family residential dwellings which are not connected to or
served by a municipal sanitary sewer system.
(7)
Retail sales of fertilizers or pesticides and the storage of fertilizers
or pesticides for such retail sales; provided, however, that the fertilizers
and pesticides shall be delivered in containers which are suitable
for retail sale and that no packaging, mixing, handling, or other
processing of the fertilizers or pesticides shall occur at the business
location.
C.
Design standards within Zone B. The following standards and minimum requirements apply to the uses set forth in Subsection B:
(1)
Parcels of property used for residential dwellings which are not
connected to or served by a municipal sanitary sewer system shall
be a minimum of two acres, except:
(a)
Parcels of property for which a conveyance has been recorded
in the Trempealeau County Register of Deeds' office before the
effective date; or
(b)
Parcels of property which are part of a development project
approved by the City Plan Commission or Zoning Board of Appeals and
which will be connected to and served by a municipal sanitary sewer
system within five years of the development project being approved
by the City Plan Commission or Zoning Board of Appeals.
(2)
Parcels of property devoted to commercial or industrial uses shall
have no more than 1/2 of the surface area thereof maintained as a
manicured lawn or grass.
(3)
Parcels of property shall have a natural vegetative cover, to the
extent consistent with a use authorized or permitted by this chapter;
provided, however, that fertilizers and pesticides shall not be used
to maintain the natural vegetative cover.
(4)
All tanks used to store petroleum products shall be enclosed within
a secondary container the volume of which shall be not less than 125%
of the volume of the tank; provided, however, that this standard shall
not apply to tanks used to store fuel which is used to heat the building
in which the tank is located if the tank is located in the basement
of the building.
D.
Conditional uses within Zone B. The Zoning Board of Appeals may authorize
the following land use practices and activities within Zone B, subject
to such conditions as the Zoning Board of Appeals may impose:
(1)
Nurseries for ornamental plants, greenhouses, and associated retail
sales outlets, and the storage and use of fertilizers and pesticides
associated with such practices and activities.
(2)
Vehicle repair shops, except auto body repair shops.
(3)
Facilities which are used to recycle post-consumer or industrial
waste.
E.
Prohibited uses in Zone B. Without limiting the general prohibition in Subsection A, the following land use practices and activities are prohibited in Zone B:
(1)
Underground storage tanks.
(2)
Commercial or industrial development which is not connected to and
served by a municipal sanitary sewer system.
(4)
Spreading sewage, septage or sludge.
(5)
Facilities used to store, handle or treat animal waste or carcasses.
(6)
Facilities used to confine animals, except veterinary hospitals and
clinics.
(7)
Gas stations, service stations, or convenience stores.
(8)
Auto body repair shops.
(9)
Printing and duplicating businesses which use hazardous chemicals.
(10)
Bus terminals and truck terminals.
(11)
Landfills and waste disposal facilities.
(12)
Facilities used to handle, store, convey or treat wastewater.
(13)
Sites to which wastewater is applied.
(14)
Auto salvage yards.
(15)
Facilities used to handle, process or store fertilizers or pesticides
in bulk quantities.
(16)
Facilities used to manufacture asphalt or asphalt products.
(17)
Dry-cleaning businesses.
(18)
Facilities used to store salt.
(19)
Facilities used for electroplating.
(20)
Exterminating businesses.
(21)
Facilities used to produce paint and other coating or finishing
materials.
(22)
Facilities used to handle, store, process, or treat hazardous
waste or materials, toxic waste or materials, or radioactive waste
or materials.
(23)
Cemeteries.
(24)
Quarries or gravel pits.
(25)
Stormwater retention or detention ponds.
F.
Subject to applicable federal, Wisconsin and City laws, rules, regulations and ordinances, if any person owns property which is in Zone B but not in Zone A and on the effective date the property is used for any of the land use practices or activities listed in Subsection E, the property shall be considered a nonconforming use subject to § 62.23(7)(h), Wis. Stats., as amended from time to time hereafter. Subject to § 62.23(7)(h), Wis. Stats., the property owner shall not make any improvements to the property or modify the property until after the property owner obtains a permit from City's Building Inspector. The permit shall require the property owner to modify the facilities or land use practices or activities to improve or enhance groundwater protection and to comply with this chapter.
A.
In accordance
with § NR 811.12(5)(d), Wis. Stats., and notwithstanding
anything contained in this chapter to the contrary, the wells shall
be separated from potential sources of contamination with minimum
separation distances as follows:
(1)
Ten feet between a well and an emergency or standby power system
to operate the well and that has a double-wall aboveground storage
tank with continuous electronic interstitial leakage monitoring.
(2)
Fifty feet between a well and a storm sewer main or a sanitary sewer
main where the sanitary sewer main is constructed of water main class
materials and joints. Prior to first use, gravity sanitary sewers
shall be successfully air pressure tested in place. Prior to first
use, force mains shall be successfully pressure tested with water
to meet the AWWA C600 pressure and leakage testing requirements.
(3)
Two hundred feet between a well and any sanitary sewer main not constructed
of water main class materials, sanitary sewer manhole, lift station,
one- or two-family residential heating fuel oil underground storage
tank or aboveground storage tank or private on-site wastewater treatment
system (POWTS) treatment tank or holding tank component and associated
piping.
(4)
Three hundred feet between a well and any farm underground storage
tank system or other underground storage tank system with double wall
and with electronic interstitial monitoring for the system, which
means the tank and any piping connected to it. These requirements
apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other
alternative fuel, fuel oil, petroleum product, motor fuel, burner
fuel, lubricant, waste oil, or hazardous substances.
(5)
Three hundred feet between a well and any farm aboveground storage
tank with double wall, or single wall tank with other secondary containment
and under a canopy, other aboveground storage tank system with double
wall, or single wall tank with secondary containment and under a canopy
and with electronic interstitial monitoring for a double wall tank
or electronic leakage monitoring for a single wall tank secondary
containment structure. These requirements apply to tanks containing
gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel
oil, petroleum product, motor fuel, burner fuel, lubricant, waste
oil, or hazardous substances.
(6)
Four hundred feet between a well and a POWTS dispersal component
with a design capacity of less than 12,000 gallons per day, a cemetery
or a stormwater retention or detention pond.
(7)
Six hundred feet between a well and any farm underground storage
tank system or other underground storage tank system with double wall
and with electronic interstitial monitoring for the system, which
means the tank and any piping connected to it, any farm aboveground
storage tank with double wall, or single wall tank with other secondary
containment and under a canopy or other aboveground storage tank system
with double wall, or single wall tank with secondary containment and
under a canopy, and with electronic interstitial monitoring for a
double wall tank or electronic leakage monitoring for a single wall
tank secondary containment structure. These requirements apply to
tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative
fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant,
waste oil, or hazardous substances.
(8)
One thousand feet between a well and land application of municipal,
commercial, or industrial waste; the boundaries of a landspreading
facility for spreading of petroleum-contaminated soil regulated under
Ch. NR 718, Wis. Adm. Code, while that facility is in operation; agricultural,
industrial, commercial or municipal wastewater treatment plant treatment
units, lagoons, or storage structures; manure stacks or storage structures;
or POWTS dispersal component with a design capacity of 12,000 gallons
per day or more.
(9)
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, Wis. Adm. Code, enforcement standards; coal
storage area; salt or deicing material storage area; any single wall
farm underground storage tank or single wall farm aboveground storage
tank or other single wall underground storage tank or aboveground
storage tank. These requirements apply to tanks containing gasoline,
diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum
product, motor fuel, burner fuel, lubricant, waste oil, or hazardous
substances, and bulk pesticide or fertilizer handling or storage facilities.
B.
Subject
to applicable federal, Wisconsin and City laws, rules, regulations
and ordinances, if any person owns property which is a source of contamination
and on the effective date the property is within the defined minimum
separation distance of a well, the property shall be considered a
nonconforming use subject to § 62.23(7)(h), Wis. Stats.,
as amended from time to time hereafter. Subject to § 62.23(7)(h),
Wis. Stats., the property owner shall not make any improvements to
the property or modify the property until after the property owner
obtains a permit from City's Building Inspector. The permit shall
require the property owner to modify the facilities or land use practices
or activities to improve or enhance groundwater protection and to
comply with this chapter. In addition, the uses described within the
separation distances above shall be prohibited uses within these separation
distances if not considered a nonconforming use protected by § 62.23(7)(h),
Wis. Stats.
