[HISTORY: Adopted by the Village Board of the Village of Cottage
Grove 9-15-2003 by Ord. No. 11-2003.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Erosion, sediment and water runoff control — See Ch. 163.
Floodplain zoning — See Ch. 183.
Subdivision of land — Ch. 274.
Water and sewers — Ch. 312.
Zoning — See Ch. 325.
[1]
Editor's Note: This ordinance also repealed former Ch. 317, Wellhead
Protection, adopted 4-20-1992, as amended 3-19-2001 by Ord. No. 01-2001.
This chapter shall be known, cited and referred to as the "Wellhead
Protection Ordinance" (hereafter "WHP Ordinance").
A.
Purpose. The residents of the Village of Cottage Grove
(hereinafter "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 Wellhead Protection Ordinance
is to institute land use regulations and restrictions protecting the municipal
water supply of the Village and promote the public heath, safety, and general
welfare of the residents.
B.
Authority. Statutory authority of the Village to enact
these regulations was established by the Wisconsin Legislature in § 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.
The regulations specified in this Wellhead Protection Ordinance shall apply to the incorporated areas of the Village that lie within the recharge areas for municipal water supply wells as defined in § 317-6, and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this chapter and the Zoning Ordinance, the more restrictive provision shall apply.
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.
The area around a well, in which the water level has been lowered
at least 1/10 of a foot by pumping of the well.
Existing facilities which may cause or threaten to cause environmental
pollution within the corporate limits of the Village well fields' recharge
areas, which include, but are not limited to, sites listed on the Department
of Natural Resources' Form 3300-215, Public Water Supply Potential Contaminant
Use Inventory Form, Department of Commerce underground storage tank (hereinafter
UST) database and list of facilities with hazardous solid waste permits, all
of which are incorporated herein as if fully set forth.
The recharge area upgradient of the cone of depression, the outer
boundary of which it is determined or estimated that groundwater will take
five years to reach a pumping well.
A ridge in the water table, or potentiometric surface, which groundwater
moves away from at right angles. Also, the line of highest hydraulic head
in the water table or potentiometric surface.
The municipal water supply of the Village of Cottage Grove.
An individual, partnership, association, corporation, municipality
or state agency, or other legal entity.
The area that encompasses all areas or features that, by surface
infiltration of water that reaches the zone of saturation of an aquifer, supplies
groundwater to a well.
The recharge area upgradient of a well, or its cone of depression,
the outer boundary of which it is determined or estimated that groundwater
will take thirty days to reach a pumping well.
A piece of land used primarily for the purpose of locating wells
to supply a municipal water system.
The area contained in the map attached as Exhibit A and incorporated
herein as if fully set forth.[1]
The area of unconsolidated, fractured or porous material that is
saturated with water and constitutes groundwater.
[1]
Editor's Note: Exhibit A is on file in the Village offices.
The Utility Commission shall provide objective and scientific technical
review of requests for conditional use permits and make recommendations to
the Village Board to grant or deny conditional use permits based upon the
facts discovered in that review, to make recommendations on any and all conditions
placed on a conditional use permit and to give notice on matters concerning
groundwater.
A Wellhead Protection District has been created to institute land use
regulations and restrictions within a defined area, which contributes water
directly to a municipal water supply and thus promotes public health, safety
and welfare. The District is intended to protect the groundwater recharge
area for the existing or future municipal water supply from contamination.
The regulations of this District will apply in addition to all other
regulations that occupy the same geographic area. The provisions of any zoning
districts that are within this overlay District will apply except when provisions
of the Wellhead Protection District are more stringent.
The Wellhead Protection District is divided into Zone 1 and Zone 2 as
follows:
A.
Zone 1 of Wellhead Protection District. Zone 1 is the
area of land which contributes water to the Village well field, out to a five-year
time of travel to the well. Time of travel delineations are based on modeling
completed by the Wisconsin Geological and Natural History Survey and accepted
hydrogeological research as outlined in the State of Wellhead Protection Program
Plan for Public Water Utilities, Appendix 2. The zone boundaries are normalized
to road center lines, parcel lines, railways, surface water features and the
public land survey section lines, 1/2, 1/4, 1/8 or 1/16 section lines, wherever
possible.
B.
Zone 2 of Wellhead Protection District. Zone 2 encompasses
the area of land located beyond Zone 1, which contributes water to the well,
starting at the line approximately 1,200 feet from the well location and ends
at the line delineating the five-year time of travel to the well. Time of
travel delineations are based on modeling completed by the Wisconsin Geological
and Natural History Survey and accepted hydrogeological research as outlined
in the State Wellhead Protection Program Plan for Public Water Utilities,
Appendix 2. The zone boundaries are normalized to road center lines, parcel
lines, railways, surface water features and the public land survey section
lines, 1/2, 1/4, 1/8 or 1/16 section lines, wherever possible.
A.
The boundaries of the Wellhead Protection Districts shall
be shown on the Village Zoning Map. The locations and boundaries of the zoning
districts established by this chapter are set forth on the Village of Cottage
Grove Wellhead Protection District Map which is incorporated herein and hereby
made a part of this chapter.[1] 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.
[1]
Editor's Note: The Wellhead Protection District Map is on file
in the Village offices.
B.
Zone 1 for the Village well field is delineated on the
Wellhead Protection District Map, which is attached and made a part of this
chapter.
C.
Zone 2 for the Village well field is delineated on the
Wellhead Protection District Map, which is attached and made a part of this
chapter.
The following permitted uses in Zone 1 and Zone 2 are subject to the separation distance requirements in § 317-11, prohibited uses in § 317-12 and conditional uses in §§ 317-13 and 317-14.
A.
Public and private parks, playgrounds and beaches, provided
there are no on-site wastewater disposal systems or holding tanks or fuel
storage tanks associated within this use.
B.
Wildlife and natural and woodland areas.
C.
Nonmotorized trails such as biking, hiking, skiing, nature,
equestrian and fitness trails.
D.
Residential which is municipally sewered, free of flammable
and combustible liquid and USTs.
E.
Routine tillage, planting and field management operations
in support of agricultural crop production, where nutrients from legume, manure
and commercial sources are accounted for and credited toward crop nutrient
need. The combination of all nutrient sources applied or available on individual
fields may not exceed University of Wisconsin soil test recommendations for
that field.
The following separation distances as specified in s. NR 811.16(4)(d),
Wis. Adm. Code, shall be maintained:
A.
Fifty feet between a public water supply well and a stormwater
sewer main or any sanitary sewer main constructed of water main materials
and joints which is pressure tested in place to meet current AWWA 600 specifications.
(NOTE: Current AWWA 600 specifications are available for inspection at the
office of the Wisconsin Department of Natural Recourses, the Secretary of
State's office and the office of the Revisor of Statutes.)
B.
Two hundred feet between a public water supply well and
any sanitary sewer main not meeting the above specifications, any sanitary
sewer lift station.
C.
Four hundred feet between a public water supply well
and a septic system receiving less than 8,000 gallons per day, or a stormwater
detention, retention, infiltration or drainage basin.
D.
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 s. Comm 10.10, Wis. Adm. Code.
E.
One thousand feet between a well and land application
of municipal, commercial or industrial waste; industrial, commercial or municipal
wastewater lagoons or storage structures; manure stacks or storage structures;
and septic tanks or soil adsorption units receiving 8,000 gallons per day
or more.
F.
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; 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 s. Comm 10.10, Wis. Adm. Code;
bulk fuel storage facilities; and pesticide or fertilizer handling or storage
facilities.
A.
The following uses, whether principal or accessory, are
hereby prohibited in Zone 1 of the Wellhead Protection District:
(1)
Agricultural use of pesticides, insecticides or fungicides.
(2)
Areas for dumping or disposal of garbage, refuse, trash
or demolition material.
(3)
Application of fertilizer to manicured lawns or grasses
shall not exceed the nutrient requirements of the grass.
(4)
Asphalt products manufacturing plants.
(5)
Automobile laundries and car washes.
(6)
Automobile service stations.
(7)
Building materials and products sales.
(8)
Buried hydrocarbon, petroleum or hazardous chemical storage
tanks. (Hazardous chemicals are identified by OSHA criteria under 40
CFR Part 370.)
(9)
Cartage and express facilities.
(10)
Cemeteries.
(11)
Chemical storage, sale, processing or manufacturing (Standard
Industrial Classification Major Group 28).
(12)
Coal storage.
(13)
Commercial exterior storage of any objects containing
petroleum or other hazardous fluids.
(14)
Dry cleaners.
(15)
Electronic circuit assembly plants.
(16)
Electroplating plants.
(17)
Exterminating shops/businesses.
(18)
Fertilizer manufacturing plants.
(19)
Foundries and forge plants.
(20)
Garages for repair or servicing of motor vehicles, including
body repair, painting or engine rebuilding.
(21)
Industrial lagoons and pits or storage of industrial
liquid wastes.
(22)
Intensive agriculture (i.e., locations of confinement
of livestock at a density greater than three head per acre).
(23)
Landfills and any other solid waste facility.
(24)
Manure and animal waste storage except animal waste storage
facilities regulated by the County.
(25)
Metal reduction and refinement plants.
(26)
Nonmetallic earthen materials extraction or sand and
gravel pits.
(27)
Motor and machinery service and assembly shops.
(28)
Motor freight terminals.
(29)
Motorized trails such as snowmobile or RV trails.
(30)
Paint products manufacturing.
(31)
Petroleum products storage or processing.
(32)
Photography studios, including the developing of film
and pictures.
(33)
Plastics manufacturing.
(34)
Printing and publishing establishments.
(35)
Pulp and paper manufacturing.
(36)
Pesticide and fertilizer dealer, transfer or storage.
(37)
Railroad yards and maintenance stations.
(38)
Recycling facilities.
(39)
Rendering plants and slaughterhouses.
(40)
Residential dwelling units on lots less than 15,000 square
feet in area, unless they are municipally sewered. However, in any residential
district on a lot of record on the effective date of this chapter, a single-family
dwelling may be established or maintained regardless of the size of the lot,
provided the dwelling complies with all other requirements of the Cottage
Grove Zoning Ordinance,[1] and the dwelling has an on-site sewage treatment system receiving
less than 8,000 gallons per day, which meets County and state health standards
for the effluent, and is in conformance with ch. Comm 83, Wis. Adm. Code.
(41)
Salt or deicing material storage.
(42)
Salvage or junkyards.
(43)
Septage or sludge spreading, storage or treatment.
(44)
Septage, wastewater or sewage lagoons.
(45)
Private on-site wastewater treatment systems or holding
tanks receiving 8,000 gallons per day or more.
(46)
Stockyards and feedlots and/or grazing animals at more
than two head per acre or with supplemental feed.
(47)
Storage, manufacturing or disposal of toxic or hazardous
materials.
(48)
Stormwater infiltration basins without pretreatment, including vegetative filtration and/or temporary detention unless located beyond the separation distance defined in § 317-11.
(49)
Underground petroleum products storage tanks for industrial,
commercial, residential or other uses.
(50)
Wood preserving operations.
(51)
Woodworking and wood products manufacturing.
B.
In Zone 1, the conditional uses of § 317-14(B)
are prohibited.
A.
Any person may request a conditional use permit for certain
uses, activities and structures within Zone 1 of the Wellhead Protection District.
B.
The uses, activities and structures that may be conditionally
allowed within Zone 1 are:
(1)
Municipally sewered commercial or industrial establishments
that comply with all other aspects of this chapter.
C.
All requests for a conditional use permit shall be submitted
in writing to the Utility Commission and shall include all of the following:
(1)
A true to scale site plan map with all building and structure
footprints, driveways, sidewalks, parking lots, stormwater management structures,
groundwater monitoring wells and two-foot ground elevation contours.
(2)
A business plan and/or other documentation that describes
in detail the use, activities and structures proposed.
(3)
An environmental assessment report prepared by a licensed
environmental engineer which details the risk to, and potential impact of,
the proposed use, activities and structures on groundwater quality.
(4)
An operational safety plan, which details the operational
procedures for material processes and containment, best management practices,
stormwater runoff management and groundwater monitoring.
(5)
A contingency plan which addresses in detail the actions
that will be taken should a contamination event caused by the proposed use,
activities or structures occur.
D.
The person making the request shall reimburse the Village
for consultant fees and expenses associated with this review at the invoiced
amount, plus administrative costs.
E.
All conditional use permits granted shall be subject
to conditions that will include environmental and safety monitoring determined
necessary to afford adequate protection of the public water supply. These
conditions shall include all of the following:
(1)
Provide current copies of all federal, state and local
facility operation approval or certificates and on-going environmental monitoring
results to the Village.
(2)
Establish environmental or safety structures/monitoring
to include an operational safety plan, material processes and containment,
operations monitoring, best management practices, stormwater runoff management
and groundwater monitoring.
(3)
Replace equipment or expand in a manner that improves
the environmental and safety technologies being utilized.
(4)
Prepare, file and maintain a current contingency plan
which details the response to any emergency that occurs at the facility, including
notifying municipal, County and state officials. Provide a current copy to
the Village.
F.
The Village Board shall decide upon a request for a conditional use permit only after full consideration of the recommendations made by the Utility Commission. Any conditions above and beyond those specified in Subsection E herein, that are recommended by the Utility Commission may be applied to the granting of the conditional use permit.
A.
Any person may request a conditional use permit for certain
uses, activities and structures within Zone 2 of the Wellhead Protection District.
B.
The uses, activities and structures that may be conditionally
allowed within Zone 2 are:
(1)
Agricultural uses modified to allow only hay fields or
animal husbandry (i.e., grazing animals on growing vegetation with no supplemental
feed, at up to three head per acre).
(2)
Agricultural use of pesticides, insecticides or fungicides.
(3)
Application of fertilizer to manicured lawns or grasses
shall not exceed the nutrient requirements of the grass.
(4)
Automobile laundries and car washes.
(5)
Automobile service stations.
(6)
Building materials and products sales.
(7)
Commercial or industrial establishments either municipally
sewered or utilizing a private on-site wastewater treatment system receiving
less than 8,000 gallons per day, which is in conformance with ch. Comm 83,
Wis. Adm. Code.
(8)
Electronic circuit assembly plants.
(9)
Garages for repair or servicing of motor vehicles, including
body repair, painting or engine rebuilding.
(10)
Mining operations.
(11)
Motor and machinery service and assembly shops.
(12)
Machine or metal working shops.
(13)
Motorized trails such as snowmobile or RV trails.
(14)
Photography studios, including the developing of film
and pictures.
(15)
Plastics manufacturing.
(16)
Printing and publishing establishments.
(17)
Research labs, universities and hospitals.
(18)
Residential dwelling units on lots less than 15,000 square
feet in area. However, in any residential district on a lot of record on the
effective date of this chapter, a single-family dwelling may be established
regardless of the size of the lot, provided the dwelling complies with all
other requirements of the Cottage Grove Zoning Ordinance[1] and the dwelling has an on-site sewage treatment system receiving
less than 8,000 gallons per day, which meets County and state health standards
for the effluent, and is in conformance with ch. Comm 83, Wis. Adm. Code.
(19)
Woodworking and wood products manufacturing.
Existing facilities within the Groundwater Protection Overlay District at the time of enactment of such district which may cause or threaten to cause environmental pollution include, but are not limited to, those types listed in the Department of Natural Resources' Form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form and all other facilities which are considered a prohibited use in § 317-12, or a conditional use in §§ 317-13 and 317-14, all of which are incorporated herein as if fully set forth.
A.
Such facilities as above which exist within the overlay
district at the time of enactment of a district shall provide copies of all
current, revised or new federal, state and local facility operation approvals,
permits or certificates; operational safety plans; and on-going environmental
monitoring results to the Village.
B.
Such facilities as above which exist within the district
at the time of enactment of a district shall have the responsibility of devising,
filing and maintaining, with the Village, a current contingency plan which
details how they intend to respond to any emergency which may cause or threaten
to cause environmental pollution that occurs at their facility, including
notifying municipal, County and state officials.
C.
Such facilities as above cannot engage in or employ a use, activity or structure listed in prohibited uses, § 317-12, or in conditional uses, §§ 317-13 and 317-14, which they did not engage in or employ at the time of enactment of a district, and can only expand, replace 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 a district and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity or structure listed as a prohibited use or conditional use shall be expanded, replaced or rebuilt unless a conditional use permit is granted for such expansion, replacement or rebuilding. This section does not apply to normal maintenance or minor repairs.
A.
The uses prohibited by this district are prohibited based
upon the combined pollution experience of many individual uses and the technology
generally employed by a particular use considered to be of a high risk for
pollution to the groundwater resource. As the technology of other uses change
to low- or non-risk materials or methods, upon petition from such use, after
conferring with the Utility Commission or other expert opinion, and after
appropriate public notice and hearing, the Village, through appropriate procedures
and actions to change these provisions of the Village Municipal Code, may
remove from the designated prohibited uses such uses as are demonstrated convincingly
that they no longer pose a groundwater pollution hazard.
B.
In dealing with uses which attempt to become permissible,
under the terms of this district, by continuing to utilize pollutant materials
but altering their processing, storage and handling, it is not the intention
to accept alternate or reduced hazards as the basis for making a use permissible.
C.
It is the intention to continue a prohibition on such
uses until the technology of the use removes reliance upon the pollutant materials
or processes deemed to be a groundwater hazard.
B.
Injunction. The Village may, in addition to any other
remedy, seek injunction or restraining order against the party alleged to
have violated the provisions herein, the cost of which shall be charged to
the defendant in such action.
C.
Cleanup costs. As a substitute for and in addition to
any other action, the Village may commence legal action against both the person
who releases the contaminants and the owner of the facility whereupon the
contaminants were released to recover the costs, together with the costs of
prosecution. Any person who causes the release of any contaminants which may
endanger or contaminate the municipal water supply system associated with
a Ground Water Protection Overlay District shall immediately cease such discharge
and immediately initiate cleanup satisfactory to the Village and the other
state and federal regulatory agencies. The person who releases such contaminants
and the person who owns the facility whereon the contaminants have been released
shall be jointly and severally responsible for the cost of cleanup, consultant
or other contractor fees, including all administrative costs for oversight,
review and documentation, including the Village employees, equipment and mileage.
(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.
A.
Conflict and interpretation of provisions. If the provisions
of the different chapters of this Code conflict with or contravene each other,
the provisions of each chapter shall prevail as to all matters and questions
arising out of the subject matter of such chapter. In their interpretation
and application, the provisions of this chapter shall be held to be the minimum
and are not deemed a limitation or repeal of any other power granted by Wisconsin
Statutes. Where any terms or requirements of this chapter may be inconsistent
or conflicting, the most restrictive requirements or interpretations shall
apply.
B.
Severability of Code provisions. If any section, subsection,
sentence, clause or phrase of the Code is for any reason held to be invalid
or unconstitutional by reason of any decision of any court of competent jurisdiction,
such decision shall not affect the validity of any other section, subsection,
sentence, clause or phrase or portion thereof. The Village Board hereby declares
that they would have passed this Code and each section, subsection, sentence,
clause, phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions may be
declared invalid or unconstitutional.