The regulations specified in this wellhead protection article shall apply to the incorporated areas of the Village that lie within the recharge areas for municipal water supply wells as defined in §
219-76 and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this article and the Zoning Ordinance, the more restrictive provision shall apply.
For purposes of this article, certain words
are defined as follows:
AQUIFER
A saturated, permeable geologic formation that contains and
will yield significant quantities of water.
CONE OF DEPRESSION
The area around a well in which the water level has been
lowered at least one-tenth of a foot by pumping of the well.
FIVE-YEAR TIME OF TRAVEL
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.
PERSON
An individual, partnership, association, corporation, municipality
or state agency, or other legal entity.
RECHARGE AREA
The area which 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.
THIRTY-DAY TIME OF TRAVEL
The recharge area upgradient of a well, or its cone of depression,
the outer boundary of which it is determined or estimated the groundwater
will take 30 days to reach a pumping well.
WELL FIELD
A piece of land used primarily for the purpose of locating
wells to supply a municipal water system.
ZONE OF SATURATION
The area of unconsolidated, fractured or porous material
that is saturated with water and constitutes groundwater.
A Groundwater Protection Overlay District is
hereby created to institute land use regulations and restrictions
within a defined area which contributes water directly to the 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 Overlay District shall
apply in addition to all other regulations which govern the same geographic
area. The provisions of zoning districts that underlay this Overlay
District will apply except when provisions of the Groundwater Protection
Overlay District are more stringent.
The Groundwater Protection Overlay District
is divided into Zone 1 and Zone 2 as follows (see attached maps and
parcel lists.):
A. Zone 1 of the Groundwater Protection Overlay District.
Zone 1 is the area of land which contributes water to the well in
question, out to a thirty-day time of travel to the well. Time of
travel delineations must be based on accepted hydrogeological research
as outlined in the State Wellhead Protection Program Plan for Public
Water Utilities, Appendix 2, with zone boundaries normalized to land
parcels.
B. Zone 2 of the Groundwater Protection Overlay District.
Zone 2 encompasses the area of land which contributes water to the
well starting at the line which delineates the thirty-day time of
travel and ends at the line delineating the five-year time of travel
to the well. Time of travel delineations must be based on accepted
hydrogeological research as outlined in the State Wellhead Protection
Program Plan for Public Water Utilities, Appendix 2, with zone boundaries
normalized to land parcels.
The following separation distances, as specified
in NR 811.16, 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.
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 or single-family residential fuel
oil tank.
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.
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, the Wisconsin Department of Natural Resources draft or current list of Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution, Wisconsin Department of Industry, Labor and Human Relations' list of underground storage tanks, list of facilities with hazardous solid waste permits, and all other facilities which are considered a prohibited use in prohibited uses, §
219-82, or a conditional use in conditional uses, §
219-83, all of which are incorporated herein as if fully set forth.
A. Such facilities as above which exist within the 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
ongoing 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, §
219-82, or in conditional uses, §
219-83, 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.