[HISTORY: Adopted by the Village Board of the Village of
Dane 12-9-2013 by Ord. No. 2013-16. Amendments noted where applicable.]
Village residents 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 Village's municipal water supply, and to promote
the health, safety and general welfare of the residents of the Village.
A.
Authority. Statutory authority of the Village to enact these regulations
was established by the Wisconsin Legislature in §§ 61.35
and 62.23(7)(a) and (c), Wis. Stats. Under these statutes, the Village
has the authority to enact this chapter, effective in the incorporated
areas of the Village, to encourage the protection of groundwater resources.
B.
Groundwater Protection Overlay District.
(1)
This chapter, which may be cited and referred to as the "Village
of Dane Wellhead Protection Ordinance," institutes land use regulations
and restrictions in the Groundwater Protection Overlay District in
order to protect the portion of the recharge area for the Village
wells that lie within the Village limits. The recharge area for the
Village wells is that land area which contributes water to the Village
wells by infiltration of water into the subsurface and movement with
groundwater toward the wells.
(2)
It is further intended that the Groundwater Protection Overlay District
shall be operated in conjunction with the regulations governing the
underlying zoning districts and other overlay districts in the subject
area. Uses permitted by such other districts, but subject to the provisions
of this chapter, may not be undertaken unless they are also permitted
by the terms of this chapter. In the event of conflicting standards
between the underlying zoning and these groundwater regulations, the
more restrictive will apply. If conditional use permits are required
for both this overlay district and the underlying zoning district
for a proposed use, the processing of the two permits shall be treated
separately under the terms applicable to each district.
(3)
The boundary of the Groundwater Protection Overlay District(s) is
described in the Village's wellhead protection plan as "Wellhead
Protection Area(s)", and is fully incorporated by reference into this
chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A saturated, permeable, geologic formation that contains,
and will yield, significant quantities of water.
In addition to permitted and prohibited uses, this section
identifies the requirements for getting approval of certain conditional
(or provisional) uses. If an activity isn't identified as permitted
or prohibited, a conditional use permit may be needed for that activity.
This section identifies the requirements for getting approval for
a conditional use not otherwise allowed. This section could also be
called "other permitted uses."
Current facilities, practices and activities which may cause
or threaten to cause environmental pollution within that portion of
the Village's wellhead protection area that lies within the corporate
limits of the Village which are in operation at the time of this chapter.
The area, determined by hydrologic study, where it takes
water infiltrating the land surface and moving as groundwater to reach
the well in five years or less.
That area described as a "Wellhead Protection Area" by the
Village's wellhead protection plan.
The well that provides the source of water along with the
structures built on top of and around the well.
The area described as such in the Village wellhead protection
plan. It includes the surface or subsurface area surrounding a water
well or wellhead supplying a public water system, which contributes
water to a well by infiltration of water into the subsurface and movement
with groundwater toward the well out to a five-year time of travel
capture zone.
The following are permitted uses within the Groundwater Protection Overlay District provided the separation distances set forth in § 514-5 of this chapter are maintained. Uses not listed are to be considered prohibited uses.
A.
Parks, provided there is no on-site waste disposal or fuel storage
tank facilities associated with this use.
B.
Playgrounds.
C.
Wildlife, natural and woodland areas.
D.
Nonmotorized trails, such as bike, skiing, nature and fitness trails.
E.
Municipally sewered residential development, free of underground
storage tanks containing flammable and combustible liquid; and aboveground
storage tanks larger than 20 gallons in size, containing flammable
and combustible liquid other than heating oil or propane.
The uses prohibited by this district have been identified as
risks for groundwater contaminations. Prohibition provides the greatest
assurance that inadvertent discharge of pollutants into the groundwater
supply will not occur. The following are prohibited uses within the
Groundwater Protection Overlay District;
A.
Private on-site-sewage treatment system or septic drain fields.
B.
Wells, private, production, injection or other.
C.
Animal waste storage areas and facilities.
E.
Underground petroleum products storage tanks for industrial, commercial,
residential or other uses.
F.
Automobile or truck fuel sales or service stations.
G.
Shops for repair, servicing or assembling of machinery, motors or
motor vehicles, including body repair, painting or engine rebuilding.
H.
Junk/recycling yards, motor vehicle salvage yards.
I.
Landfills, areas for dumping or disposal of garbage, refuse, trash
or demolition material.
J.
Septage and municipal sewage sludge disposal sites.
K.
Mining operations, metallic or nonmetallic.
L.
Highway salt storage areas.
M.
Cemeteries.
N.
Dry-cleaning establishments.
O.
Printing and publishing establishments.
P.
Storage, sale, processing or manufacturing of fertilizer, chemicals,
toxic or hazardous materials.
Q.
Manufacturing of paint products, plastics, or pulp and paper products.
R.
Industrial liquid waste storage areas.
S.
Electroplating operations.
T.
Exterminating supply, storage, or application shops.
U.
Foundries and forge or metal reduction and refinement plants.
V.
Any other use determined by the Village Board to be similar in nature
to the above listed items.
Uses within the Groundwater Protection Overlay District shall
maintain the following minimum separation distances as specified in
§ NR 811.12(5), Wis. Adm. Code:
A.
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.
B.
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.
C.
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 installations
shall meet the most restrictive installation requirements of § SPS
310.260 and receive written approval from the Department of Safety
and Professional Services or its designated local program operator
under § SPS 310.110, Wis. Adm. Code.[1] These requirements apply to tanks containing gasoline,
diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum
product, motor fuel, burner fuel, lubricant, waste oil, or hazardous
substances.
[1]
Editor's Note: Chapter SPS 310, Wis. Adm. Code, was renumbered
to Ch. ATCP 93, Wis. Adm. Code. See now § ATCP 93.260, Wis.
Adm. Code, and § ATCP 93.110, Wis. Adm. Code, respectively.
D.
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 installations shall meet the most restrictive
installation requirements of § SPS 310.260, Wis. Adm. Code,
and receive written approval from the Department of Commerce or its
designated local program operator under § SPS 310.110, Wis.
Adm. Code.[2] These requirements apply to tanks containing gasoline,
diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum
product, motor fuel, burner fuel, lubricant, waste oil, or hazardous
substances.
[2]
Editor's Note: Chapter SPS 310, Wis. Adm. Code, was renumbered
to Ch. ATCP 93, Wis. Adm. Code. See now § ATCP 93.260, Wis.
Adm. Code, and § ATCP 93.110, Wis. Adm. Code, respectively.
E.
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.
F.
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 installations shall meet
the standard double wall tank or single wall tank secondary containment
installation requirements of § SPS 310.260 and receive written
approval from the department safety and professional Services or its
designated local program operator under § SPS 310.110.[3] These requirements apply to tanks containing gasoline,
diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum
product, motor fuel, burner fuel, lubricant, waste oil, or hazardous
substances.
[3]
Editor's Note: Chapter SPS 310, Wis. Adm. Code, was renumbered
to Ch. ATCP 93, Wis. Adm. Code. See now § ATCP 93.260, Wis.
Adm. Code, and § ATCP 93.110, Wis. Adm. Code, respectively.
G.
One thousand feet between a well and land application of municipal,
commercial, or industrial waste; the boundaries of a land spreading
facility for spreading of petroleum-contaminated soil regulated under
state administrative regulations 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.
H.
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; 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 that has or has not received written approval from the
Department of Safety and Professional Services or its designated local
program operator under § SPS 310.110, Wis. Adm. Code,[4] for a single wall tank installation. These requirements
apply to tanks containing gasoline, diesel, biodiesel, 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.
[4]
Editor's Note: Chapter SPS 310, Wis. Adm. Code, was renumbered
to Ch. ATCP 93, Wis. Adm. Code. See now § ATCP 93.110, Wis.
Adm. Code.
Individuals and/or facilities may request the Village, in writing,
to permit additional land uses in the Groundwater Protection Overlay
District.
A.
Required application materials.
(1)
All requests shall be in writing, whether 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. Said
report shall be forwarded to the Village and/or designee(s) for recommendation
and final decision by the Village Board.
(2)
The individual/facility shall reimburse the Village for all consultant
fees associated with this review at the invoiced amount plus administrative
costs.
(3)
Any exemptions granted shall be conditional and may include required
environmental and safety monitoring consistent with local, state and
federal requirements, and/or bonds and/or securities satisfactory
to the Village.
B.
Referral to Plan Commission. A properly filed application shall be
referred to the Plan Commission for its review and recommendation.
The Plan Commission shall review the application and make its recommendation,
if any. The Plan Commission shall forward the recommendations to the
Village Board. Upon receipt of the recommendations, the Village Board
shall hold a public hearing.
C.
Standards for conditional use. The Village Board shall apply the
following factors:
(1)
The Village's responsibility, as a public water supplier, to
protect and preserve the health, safety and welfare of its citizens.
(2)
The degree to which the proposed land use practice, activity or facility
may threaten or degrade groundwater quality in the Village or the
Village's recharge area.
(3)
The economic hardship which may be faced by the landowner if the
application is denied.
(4)
The availability of alternative options to the applicant, and the
cost, effect and extent of availability of such alternative options.
(5)
The proximity of the applicant's property to other potential
sources of contamination.
(6)
The then-existing condition of the Village's groundwater public
water well(s) and well fields, and the vulnerability to further contamination.
(7)
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.
(8)
Any other hydrogeological data or information which is available
from any public or private agency or organization.
(9)
The potential benefit, both economic and social, from the approval
of the applicant's request for a permit.
D.
Types of conditions which the board may require.
(1)
The Village Board may stipulate conditions and restrictions including
but not limited to the following:
(a)
A requirement for periodic environmental and safety sampling,
testing, and reporting to establish the continued protection of the
public water supply. The Village may require an application to install
one or more groundwater monitoring well(s), at the expense of the
applicant;
(b)
The establishment of safety structures to prevent groundwater
contamination;
(c)
The establishment of an operational safety plan to define processes
and procedures for material containment, operations monitoring, best
management practices, and stormwater runoff management to prevent
groundwater contamination;
(d)
Written policies and procedures for reporting and cleaning up
any spill of a hazardous material;
(e)
The provision of copies of all federal, state and local facility
operation approval or certificates, and ongoing environmental monitoring
results to the Village.
(f)
A written agreement pursuant to which the applicant agrees to
be held financially responsible for all environmental cleanup costs
in the event of groundwater contamination;
(g)
Bonds and/or securities satisfactory to the Village for future
monitoring and cleanup costs if groundwater contamination occurs in
the future.
(2)
The foregoing conditions are listed for illustration purposes and
are not exclusive.
E.
Transfers of interest in property. Conditional use permits issued
under this section are nontransferable to successor owners of the
property subject to the permit without the express written consent
of the Village Board. The Village Board may set conditions and restrictions
on the transfer including but not limited to a stipulation that the
permit shall not be transferred unless the new owner expressly and
in writing assumes the same terms, if any, for personal liability
as were required of the former owner in the conditional use permit
to be transferred. Written permission shall be obtained prior to the
voluntary transfer of the subject property. When an involuntary transfer
occurs, the new owner, trustee, or other successor to an interest
in the real property shall apply to the Village within 60 days for
permission to continue the use granted by the conditional use permit.
F.
Payment of costs. The applicant shall be solely and exclusively responsible
for any and all costs associated with the application. The conditional
use will become effective only after any costs incurred by the Village
during the conditional use application review process and billed to
the applicant are paid by the applicant. Those costs may include:
(1)
The Village's expenses, including consultant's and attorney's
fees, if any, associated with the review at the invoiced amount plus
administrative costs.
(2)
The cost of an environmental impact study if so required by the Village
or its designee.
(3)
The cost of groundwater monitoring or groundwater wells if required
by the Village or its designee.
(4)
The costs of an appraisal for the property or other property evaluation
expense if required by the Village or its designee.
Nonconforming uses lawfully in existence within the Groundwater
Protection Overlay District at the adoption of the ordinance creating
this district may continue to exist in the form and scope in which
they existed at that time subject to the following provisions:
A.
Existing facilities shall provide copies of all federal, state and
local facility operation approvals or certificate and ongoing environmental
monitoring results to the Village upon request.
B.
Existing facilities shall replace equipment or expand in a manner
that improves the existing environmental and safety technologies already
in existence.
C.
In the event a lawful nonconforming use poses a direct hazard to
the Village's public water supply, the Village may take any action
permitted by law to abate the hazard.
D.
Existing facilities shall have the responsibility of devising and/or
filing with the Village a contingency plan satisfactory to the Plan
Commission for the immediate notification of the appropriate Village
officers in the event of an emergency.
Nothing in this chapter shall be construed to imply that the
Village has accepted any of an owner or operator's liability
if a facility or use, whether permitted as of right or pursuant to
a conditional use permit, contaminates groundwater in any aquifer.
A.
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 Village
of Dane.
B.
The individual/facility shall be responsible for all costs of cleanup
and the Village of Dane consultant fees at the invoice amount plus
administrative costs for oversight, review and documentation, which
includes all of the cost of Village employees' time associated
in any way with the cleanup, the cost of Village equipment employed
and the cost of mileage reimbursed to the Village employees attributed
to the cleanup.
D.
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.
E.
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 his/her/its real estate property tax bill as a lien
against the property. Each day a violation exists or continues shall
constitute a separate offense.
