[Added 1-9-2017 by Ord.
No. 2017-01]
A.
Title. This article shall be known, cited and referred to as the
"Wellhead Protection Ordinance" (hereafter "WHP article").
B.
Purpose and authority.
(1)
The residents of the Village of Brandon (hereafter as "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 the WHP article is to
institute land use regulations and restrictions to protect the Village
municipal water supply and well fields, and to promote the public
health, safety and general welfare of the residents of the Village.
(2)
These regulations are established pursuant to the authority
granted to cities by the Wisconsin Legislature in §§ 61.35
and 62.23(7)(a) and (c), Wis. Stats., to adopt ordinances to protect
groundwater.
The definitions as set forth in § NR811.02 Wis. Adm.
Code, or as amended, are hereby adopted by reference. Further, the
following definitions shall apply to this article:
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 with in the corporate
limits of the Village. Existing facilities include, but are not limited
to, the types 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.
A ridge in the water table or the potentiometric surface
from which groundwater flows in both directions. A groundwater divide
is represented by the line of highest hydraulic head in the water
table or potentiometric surface.
Those areas described as wellhead protection areas within
the Village's Wellhead Protection Plan. A map of the overlay district
is attached to said Plan.
The land area which contributes water to a well by infiltration
of water into the subsurface and movement with groundwater toward
the well as described in the Village's Wellhead Protection Plan. A
copy of the Village's Wellhead Protection Plan can be obtained from
the Village Clerk.
A piece of land used primarily for the purpose of supplying
a location for construction of wells to supply a municipal water system.
A.
Intent. The area to be protected as the wellhead protection overlay
district (hereafter "District") is that portion of the Brandon well
fields' recharge areas as determined in the Wellhead Protection Plan,
and identified as wellhead protection areas in said plan, normalized
to geographic boundaries, and contained within the Village boundary
limits. These lands are subject to 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 Subsection E, the following are the only permitted uses within the District:
(1)
Parks, provided there is no on-site waste disposal or fuel storage
tank facilities associated with 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.
(6)
Municipally sewered business development, except for the following
uses:
(a)
Aboveground and underground storage tanks.
(b)
Animal waste containment or disposal facilities.
(c)
Automotive service and repair garages; body shops.
(d)
Paint or coating manufacture.
(e)
Bulk fertilizer of pesticide facilities.
(f)
Asphalt products manufacture.
(g)
Junkyards, auto salvage yards or recycling facilities.
(h)
Dry cleaning.
(i)
Gas stations.
(j)
Holding ponds or lagoons or infiltration ponds.
(k)
Bulk salt storage.
(l)
Nurseries; lawn and garden supply stores.
(m)
Small engine repair services.
(n)
Wastewater treatment facilities.
(o)
Wells, private, production, injection or other.
(7)
Agricultural uses in accordance with the County Soil Conservation
Department's best management practices guidelines.
D.
Requirements for existing facilities. The following shall apply to
existing facilities in the district:
(1)
Existing facilities shall within six months of the effective
date of this article provide copies of all federal, state and local
facility operation approvals or certificate and ongoing environmental
monitoring results to the Director of Public Works.
(2)
Existing facilities shall within six months of the effective
date of this article provide additional environmental or safety structures/monitoring
as deemed necessary by the Village, which may include, but is not
limited to, stormwater runoff management and monitoring.
(3)
Existing facilities shall have the responsibility of devising
and filing with the Director of Public Works a contingency plan satisfactory
to the Village which details how the facility operator intends to
respond to any emergency which may cause or threaten to cause environmental
pollution that occurs at the facility, including the prompt notification
of Village officials in the event of an emergency.
(4)
Existing facilities shall replace equipment or expand in a manner
that improves the existing environmental and safety technologies already
in existence.
(5)
Operators of existing facilities cannot engage in or employ a use, activity or structure not listed as a permitted use under Subsection B above which they did not engage in or employ at the time of enactment of this article and can only expand or replace in kind or rebuild those present uses, activities, equipment or structures on the site or property of record associated with the facility at the time of enactment of this article, and in a manner that improves the environmental and safety technologies already being used. This section does not apply to normal maintenance or minor repairs.
E.
Exemptions and waivers.
(1)
Individuals and/or facilities may request the Village, in writing
to the Director of Public Works, to permit additional land uses in
the District.
(2)
Such requests may require an environmental assessment report
prepared by a licensed environmental engineer. Such requests, along
with any required reports, shall be forwarded to the Sewer and Water
Commission(s) for recommendation, and final decision by the Common
Council.
(3)
The individual/facility shall reimburse the Village for all
consultant and legal fees associated with this review at the invoiced
amount plus administrative costs.
(4)
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.
F.
Wells and drillholes. The owner of properties within the District on which wells or drillholes are to be constructed must notify the Village 15 days prior to initiation of drilling. All drillholes must be properly abandoned and sealed in accordance with Ch. NR 141, Wis. Adm. Code, at the conclusion of construction. The Village reserves the right to have an inspector on site to ensure that construction of those wells and drillholes does not allow contaminants to enter the groundwater. Construction of wells and drillholes must be coordinated with the Village to correspond with Village working hours unless otherwise agreed upon. The expense of the inspection by the Village shall be reimbursed by the property owner at rates set forth in the fee schedule on file in the Village Clerk's office and approved by the Sewer and Water Commission and the Common Council each year. All wells shall also require a well operator's permit as set for in § 485-83 of the Code of Ordinances.
The regulation of the District will apply in addition to all
other regulations that occupy the same geographic area. The provisions
of any zoning regulations that apply to the same geographic area as
the District will apply except when the regulations of the District
is more stringent, whereby the regulations of the District shall apply.
A.
In the event that an individual and/or facility causes the release
of any contaminants which endanger the District, the individual and/or
facility causing said release shall immediately stop the release and
clean up the release to the satisfaction of the Village.
B.
The individual and/or facility shall be responsible for all costs
of cleanup, including all of the following:
(1)
Village consultant and legal fees at the invoice amount plus
administrative costs for oversight, review and documentation.
(2)
The cost of Village employees' time associated in any way with
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.
C.
Following any such discharge the Village may require additional test
monitoring and/or reasonable bonds/securities.
