(A) Application. The regulations set forth in this subchapter shall apply to all land uses and activities located or proposed within the area delineated as the Wellhead Protection Area in the Town of Collierville on a map available for inspection at the office of the Department of Development and as defined in § 151.286. The Wellhead Protection Area consists of Wellhead Protection Area Zone 1 and Wellhead Protection Area Zone 2.
(B) Basis for establishing the Wellhead Protection Area.
(1) The Tennessee Wellhead Protection Regulations (Rule 1200-5-1-.34) require that every Public Water System (PWS) in the state set up a two-zone protection system for its groundwater source.
(2) The Ground Water Institute (GWI) at the University of Memphis and the Mayor and Board of Collierville, utilizing the groundwater flow model, have established a two-zone protection system for the Town of Collierville’s groundwater resources.
(C) Requirement for development permit.
(1) Prior to site plan approval by the Planning Commission, the applicant shall obtain a certificate of conformance with this chapter from the Town Engineer of the Town of Collierville in a timely manner for all proposed land-use activities in Wellhead Protection Areas, Zone 1 and Zone 2 within the Town of Collierville.
(2) If, upon review of the site plan, the Town Engineer determines that additional information is necessary to completely evaluate the proposed development, the Town Engineer may defer the development plan to the Shelby County Ground Water Quality Control Board (SCGWQCB) for review and recommendation prior to approval of the plan for a certificate of conformance.
(3) A building permit shall be required in conformity with this subchapter prior to the commencement of any development activity. No building permit shall be issued without first obtaining a certificate of compliance from the Town Engineer.
(D) Compliance. No structure or use shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this subchapter and other applicable regulations.
(E) Interpretation. In the interpretation and application of this subchapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the Board; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(F) Interpretation of Wellhead Protection Area.
(1) Where interpretation is needed as to the exact location of any boundary of Wellhead Protection Area, Zone 1 and Zone 2, the Town Engineer shall make the necessary interpretation. The Department of Development shall also be responsible for review of all development plans within Wellhead Protection Areas and other related matters that may arise in the administration of this subchapter.
(2) The person contesting the location of the Wellhead Protection Area, Zone 1 and Zone 2, shall be afforded reasonable opportunity before the Board of Zoning Appeals (BZA) to present any technical evidence he or she may wish to support his or her position. Any proposed adjustments shall be based on the same modeling techniques defined in Zone 1 and Zone 2 reports approved by TDEC (November 1995) and the latest approved delineation of Zone 1 and Zone 2 by TDEC. The Board of Zoning Appeals shall not consider any application for a variance from the provisions of this subchapter until the Department of Development has had an opportunity to review the application and make a written recommendation to the Board of Zoning Appeals. The Department of Development shall have 45 working days from the filing of any application for a variance from this subchapter to review and issue its recommendation. The application shall be advertised for public hearing for the next regularly scheduled Board of Zoning Appeals meeting following the expiration of the 45-day period.
(G) Warning and disclaimer of information. The levels of wellhead protection required by this subchapter are considered reasonable for regulatory purposes and is based on scientific and engineering considerations approved by TDEC. This subchapter shall not create liability on the part of the Town of Collierville or by any officer or employee thereof of the Ground Water Institute (GWI) at the University of Memphis and the Shelby County Ground Water Quality Control Board (SCGWQCB) for any damages to groundwater resources that result from reliance on this subchapter or any administrative decision lawfully made hereunder.
(H) Conflict with other provisions.
(1) The requirements of Wellhead Protection Area, Zone 1 and Zone 2, are additional to those contained in the basic underlying zoning districts.
(2) Where any conflicts exist between the provisions of this subchapter and any other provisions of this chapter and any other article, code, law and the like of the Town of Collierville, these provisions shall govern; provided, however, that these provisions shall not be construed as permitting any use which is prohibited or permitted only as a special exception within the base zoning district.
(I) Applicant’s responsibility. It shall be the responsibility of any person owning real property and/or owning or operating a business within the Town of Collierville to make a determination of the applicability of Wellhead Protection Area Overlay Districts as it pertains to the property and/or business under his or her ownership or operation and his or her failure to do so shall not excuse any violations of the sections.
(J) Injunctive relief. If any person who engages in nonresidential activities and stores, handles, uses and/or produces toxic substances listed in 40 CFR 116 (Designation of Hazardous Substances) of the Federal Water Pollution Control Act, within the Zone of Contribution, as indicated on the Town of Collierville Wellhead Protection Overlay Map, without having obtained a permit as provided for herein or continues to operate in violation of the provisions of this subchapter, then the Town of Collierville may file an action for injunctive relief in the circuit court.
(K) Severability. Should any part or provision of this subchapter be declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of this subchapter as a whole or any part thereof other than the part held to be invalid.
(L) Penalties for violation. Violation of the provisions of this subchapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall be punishable as provided in § 151.312.
(M) Abrogation and greater restrictions. This subchapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this subchapter imposes greater restrictions, the provisions of this subchapter shall prevail.
(`00 Code, § 11-1703)