[Adopted 6-30-1994 as Title 5, Ch. 4, Secs. 5-4-1 through 5-4-7, of the 1994 Code]
A. 
Title. This article shall be known, cited and referred to as the "Wellhead Protection Ordinance" (hereafter "WHP Ordinance").
B. 
Purpose and authority.
(1) 
The residents of the Village of Coloma (hereafter "Village") 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 WHP Ordinance is to institute land use regulations and restrictions to protect the Village's municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the Village.
(2) 
Statutory authority of the Village to enact these regulations was established by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection to the statutory authorization for municipal planning and zoning to protect public health, safety and welfare.
C. 
Applicability. The regulations specified in this WHP Ordinance shall apply only within the Village's corporate limits.
As used in this article, the following terms shall have the meanings indicated:
EXISTING FACILITIES WHICH MAY CAUSE OR THREATEN TO CAUSE ENVIRONMENTAL POLLUTION
Existing facilities which may cause or threaten to cause environmental pollution within the corporate limits of the Village's well fields' recharge areas which include but are not limited to the Wisconsin Department of Natural Resources' draft, "Inventory of Sites or Facilities which may Cause or Threaten to Cause Environmental Pollution," Department of Natural Resources' list of Underground Storage Tanks (hereafter "USTs") and list of facilities with hazardous, solid waste permits, all of which are incorporated herein as if fully set forth.[1]
GROUNDWATER PROTECTION OVERLAY DISTRICT
That area contained in the map attached as Exhibit A[2] and incorporated herein as if fully set forth.
RECHARGE AREA
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.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[2]
Editor's Note: The map is on file in the Village offices.
Groundwater Protection Overlay District A (hereafter "District A"):
A. 
Intent. The area to be protected is the Village's well fields' recharge areas extending from a line drawn north and south to the Village's corporate limits along First Street. These lands are subject to the most stringent land use and development restrictions because of their close proximity to the well fields and the corresponding high threat of contamination.
B. 
Permitted uses. Subject to the exemptions listed in § 460-6, the following are the only permitted uses within District A. Uses not listed are to be considered prohibited uses.
(1) 
Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated within this use.
(2) 
Playgrounds.
(3) 
Wildlife areas.
(4) 
Nonmotorized trails, such as biking, skiing, nature and fitness trails.
(5) 
Municipally sewered residential development, free of flammable and combustible liquid underground storage tanks.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Prohibited uses. The following uses are prohibited and are not eligible for permits under § 460-6.
(1) 
Underground storage tanks of any size.
(2) 
Basement heating fuel storage tanks in newly constructed homes.
(3) 
Pesticide and/or fertilizer storage and use.
(4) 
Septage and/or sewage sludge spreading.
(5) 
Animal waste facilities.
(6) 
Gas stations.
(7) 
Vehicle repair establishments, including auto body repair.
(8) 
Printing and duplicating businesses.
(9) 
Bus or truck terminals.
(10) 
Landfills or waste disposal facilities.
(11) 
Spray wastewater facilities.
(12) 
Junkyards or auto salvage yards.
(13) 
Commercial bulk fertilizer and/or pesticide facilities.
(14) 
Asphalt products manufacturing.
(15) 
Dry Cleaning businesses.
(16) 
Salt Storage.
(17) 
Electroplating facilities.
(18) 
Exterminating businesses.
(19) 
Paint and coating manufacturing.
(20) 
Hazardous and/or toxic materials storage.
(21) 
Toxic and hazardous waste facilities.
(22) 
Radioactive waste facilities.
(23) 
Recycling facilities.
(24) 
Highway right-of-way.
(25) 
Battery retail and service.
Groundwater Protection Overlay District B (hereafter "District B"):
A. 
Intent. The area to be protected is the Village's well field's recharge areas extending from a line drawn north and south to the Village's corporate limits along First Street west to the corporate boundary.
B. 
Permitted uses. Subject to the exemptions listed in § 460-6, the following are the only permitted uses within District B. Uses not listed are to be considered prohibited uses.
(1) 
All uses listed as permitted uses in District A.
(2) 
Modified agricultural activities, including any crop free of pesticides and/or synthetic fertilizers.
(3) 
Aboveground petroleum product storage tanks less than 660 gallons.
(4) 
Sewered commercial and/or industrial uses, except those listed as prohibited uses in § 460-4C, Prohibited uses.
C. 
Prohibited uses. The following uses are prohibited and are not eligible for permits under § 460-6.
(1) 
Underground storage tanks of any size.
(2) 
Gasoline stations.
(3) 
Vehicle and small engine repair establishments, including auto body repair.
(4) 
Printing and duplicating businesses.
(5) 
Bus or truck terminal.
(6) 
Landfills.
(7) 
Wastewater treatment facilities.
(8) 
Spray wastewater facilities.
(9) 
Junkyards or auto salvage yards.
(10) 
Commercial bulk fertilizer and pesticide facilities.
(11) 
Asphalt products manufacturing.
(12) 
Dry-cleaning facilities.
(13) 
Salt storage.
(14) 
Electroplating facilities.
(15) 
Exterminating shops.
(16) 
Paint and coating manufacturing.
(17) 
Hazardous and toxic materials storage and use.
(18) 
Hazardous and toxic waste facilities.
(19) 
Radioactive waste facilities.
(20) 
Battery retail and service.
(21) 
Garage and vehicular towing.
(22) 
Public and municipal maintenance garages.
(23) 
Recycling facilities.
(24) 
Highway right-of-way.
A. 
Facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the Village.
B. 
Facilities shall provide additional environmental or safety monitoring as deemed necessary by the Village.
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/or filing with the Village a contingency plan satisfactory to the Village for the immediate notification of Village officials in the event of an emergency.
A. 
Individuals and/or facilities may request the Village to permit additional land uses in the district.
B. 
All requests shall be in writing either on or in substantial compliance with forms to be provided by the Village and may require an environmental assessment report prepared by a licensed environmental engineer as deemed necessary by the Village Board. Said report shall be forwarded to the Village Engineer and/or designee's for recommendation and final decision by the Village Board.
C. 
The individual/facility shall reimburse the Village for all consultant fees associated with this review at the invoiced amount plus administrative costs.
D. 
Any exemptions granted shall be conditional and may include required environmental and safety monitoring and/or bonds and/or sureties satisfactory to the Village.
A. 
In the event 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 Village shall occur.
B. 
The individual/facility shall be responsible for all costs of cleanup, Village consultant fees at the invoice amount plus administrative costs and:
(1) 
The cost of Village 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 Village representing the Village's cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation, and similar benefits;
(2) 
The cost of Village equipment employed;
(3) 
The cost of mileage reimbursed to Village employees attributed to the cleanup.
C. 
Following any such discharge, the Village may require additional test monitoring and/or bonds/sureties as outlined in § 460-6D. Any individual/facility who fails to comply with the provision of this article shall upon conviction thereof forfeit not less than $100 nor more than $500, 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 their real property as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.