(a) Purpose. The Well Field Protection Overlay (WP) District is designed to safeguard the public health, safety and welfare of the customers of the Village of Enon public water supply by regulating the land use, storage, handling, use and/or production of Regulated Substances. The areal extent of the zone is described as the land area within the Village of Enon and/or Mad River Township which lies within the one (1) year capture area surrounding existing public wells of the Village of Enon. The intent of this designation is to protect the Village's potable water supply against contamination.
(b) Applicability of Well Field Protection Overlay District to Underlying Zoning Districts. The provisions of this Section shall be applicable to all lands shown as being located within the boundaries of the Well Field Protection Overlay District on the zoning map and shall be supplemental to the regulations of the underlying zoning district. Where the requirements of this Section are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply.
(c) Determination of Applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the corporate limits of the Village of Enon and/or boundaries of Mad River Township to make a determination of the applicability of this Section as it pertains to the property and/or business. Failure to do so shall not excuse any violations of this Section.
(d) Permitted Uses. The permitted uses, within the WP District shall be those of the underlying zoning district except as otherwise noted or prohibited.
(e) Conditional Uses. The requirements of this Section shall be in addition to any applicable regulations found elsewhere within the Village's Zoning Code.
(1) The conditional uses within the WP District shall be those of the underlying zoning district, except as specified elsewhere in these regulations.
(2) When listed as a permitted or conditional use within the underlying zoning district, the excavation, extraction, mining or processing of sand, gravel and limestone from the earth for resale shall remain as conditional uses in the Well Field Protection Overlay (WP) District subject to Board of Zoning Appeals approval of an excavation and facilities plan that includes, but is not limited to:
A. An existing site plan with topographic detail at two (2) foot contour intervals, all survey related information, groundwater depth, and flood plain characteristics.
B. The proposed extent and depth of excavations.
C. Slope angle of excavation walls (any final slopes shall be at the angle of repose for the remaining material).
D. Use and disposition of the spoil and/or overburden materials from the excavations including a landscaping and vegetation plan to stabilize any disturbed material.
E. Surface drainage plan:
1. Drainage into on-site excavations from proximate off-site transportation facilities such as roadways and roadbeds and off-site watercourses is prohibited unless the applicant provides a plan which otherwise protects the excavations from on or offsite waterborne regulated substances.
2. The final on-site grading shall minimize all surface drainage into the excavations.
F. A post-excavation and operation land use plan.
G. A security plan (unauthorized access shall be strictly prohibited as long as any excavations remain on site).
(f) Prohibited Uses.
(1) Municipally owned and/or operated landfills.
(2) Sanitary landfills.
(3) Commercial or residential drywells
(4) Landfills comprised of construction and/or demolition debris or other non-approved matter.
(5) Junkyards.
(6) Land or subsurface disposal of wastewater and wastewater residues.
(7) Any other uses similar to the above.
(g) Non-conforming Uses. Any existing prohibited use, non-approved conditional use, or any other use, property or business having an amount of regulated substances exceeding the quantities set forth in the following section is a nonconforming use and is allowed to remain; however, no change of occupancy or any expansion involving regulated substances, or any modification resulting in an increased amount of regulated substances greater than the quantities outlined below on the property is permitted without approval in accordance with these zoning regulations. If a non-conforming use of any land, building, or structure is discontinued for two (2) years or more, all future use shall be in total and complete conformity with this Well Field Protection Overlay (WP) District.
(h) Groundwater Protection Standards.
(1) Quantity Limitation. Use, storage, handling and/or production of Regulated Substances in conjunction with permitted and conditional uses in this district shall be limited to:
A. Aggregate of Regulated Substances: The aggregate of Regulated Substances in use, storage, handling and/or production may not exceed twenty (20) gallons or one hundred and sixty (160) pounds at any time.
(2) Limited Exclusion. A limited exclusion from the above provision is authorized for the following:
A. Non-Routine Maintenance and Repair. A limited exclusion from the above provision is authorized for non-routine maintenance or repair of property or equipment. The use, storage, handling and/or production of Regulated Substances under this exclusion shall be limited to:
1. The aggregate of regulated substances in use, storage, handling, and/or production may not exceed fifty (50) gallons or four hundred (400) pounds at any time.
2. The total use, storage, handling and/or production of Regulated Substances may not exceed one hundred (100) gallons or eight hundred (800) pounds in any twelve (12) month period.
3. The application of United States Environmental Protection Agency approved agricultural chemicals by licensed personnel using best recommended practices. Below ground applications in excess of hundred (100) gallons or eight hundred (800) pounds in any twelve (12) month period shall require seventy-two (72) hour prior notice to the Enon Village Administrator.
B. Medical Research and Laboratories. A limited exclusion is authorized for each medical and research laboratory use, provided however, Regulated Substances shall be stored, handled or used in containers not to exceed five (5) gallons or forty (40) pounds of each substance and the aggregate inventory of Regulated Substances shall not exceed two hundred and fifty (250) gallons or two thousand (2,000) pounds.
C. Cleaning Agents. A limited exclusion is authorized for Regulated Substances which are cleaning agents, provided however such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed one hundred (100) gallons or eight hundred (800) pounds at any time. In no case shall regulated substances claimed under this exclusion include chlorinated solvents and non-chlorinated solvents which are capable of being derived from petroleum or coal tar.
D. Agricultural Chemicals. A limited exclusion is authorized for on-site storage of a maximum one-year supply of agricultural chemicals to be used for routine on-site agricultural operations, provided such substances are stored in standard approved packaging and such chemicals are applied to cropland under Best Management Practices as indicated by soil tests, agricultural experts, or label directions approved by the United States Environmental Protection Agency or the Ohio Department of Agriculture. This limited exclusion also applies to the application of agricultural chemicals to cropland where such chemicals are brought in from other locations. This provision does not exempt such agricultural chemicals, either stored on-site or brought in from other locations from the inventory, from spill reporting and underground storage tank protection requirements of the Well Field Protection Overlay District.
NOTE: This regulation does not restrict the use of agricultural chemicals applied by licensed or permitted individuals in accordance with best management practices and/or label directions.
E. Through Transport of Regulated Substances. A limited exclusion is authorized for transportation of regulated substances through the Well Field Protection Overlay District provided that the transporting container(s) and vehicle(s) are in compliance with applicable federal, state and local laws and regulations. Also excluded is the regulated substance fueling the transporting vehicle as long as the transporting vehicle is in continuous transit, making delivery, or stopped for less than seventy-two (72) hours.
F. Vehicle Operation. A limited exclusion is authorized for regulated substances that are within containers such as gas tanks, radiators, transmissions, brake lines and other similar containers that are an integral part of an operable motor vehicle or boat and used specifically and solely for the operation of the vehicle in which the substances are contained.
G. Construction Materials. A limited exclusion is authorized for regulated substances associated with paving, the pouring of concrete, or construction for which all necessary permits have been obtained, provided such regulated substances are present at the construction site for which the permits have been issued and do not pose a real and present danger of contaminating surface and/or ground water.
H. Office Supplies. A limited exclusion is authorized for office supplies that are used solely for the operation of on-site administrative offices, provided such supplies are prepackaged in a form ready for use by the general public. The manufacture, extraction, repackaging, or warehousing of these products shall not be excluded.
I. Refrigerants. A limited exclusion is authorized for regulated substances which are refrigerants contained in .equipment used for on-site air cooling or contained in household appliances.
(3) Underground Storage Tanks for Fuel and Lubricants.
A. Owners and operators of underground storage tank systems for fuel and lubricants used for vehicle operations and fuel for building and for processing heating, including residential heating fuel tanks having a capacity of greater than 500 gallons, which are located within the Well Field Protection Overlay (WP) District shall comply with the requirements of Ohio Administrative Code Section 1301:7-9-10 Bureau of Underground Storage Tank Regulations (BUSTR), as amended.
B. Owners and operators of new underground storage tank systems for which installation is commenced after the effective date of this ordinance shall comply with the requirements of Ohio Administrative Code Section 1301:7-9-10 (BUSTR) at the time of installation. Owners and operators of underground storage tank systems within the Well Field Protection Overlay (WP) District shall comply with the requirements of this subsection irrespective of whether they are located within a sensitive area as defined by Ohio Administrative Code Section 1301:7-9-10 Bureau of Underground Storage Tank Regulations (BUSTR).
(4) Underground Storage Tanks For Regulated Substances Other Than Fuels or Lubricants. New underground storage tanks and/or replacement of existing underground tanks for Regulated Substances other than fuels and lubricants are not permitted.
(5) Underground Storage Tanks Out of Service. Owners and operators of any underground storage tank system in the Well Field Protection Overlay (WP) District which is out of service for twelve (12) consecutive months after the effective date of this ordinance shall permanently abandon or remove the underground storage tank in accordance with the requirements of Ohio Administrative Code 1301:7-9-12 (B), (C), and (E) through (M), inclusive, and they shall file one ( 1) copy of the closure report required in subsection (L ).
(6) Hazard Potential Rating. As part of the fmdings required under the Village of Enon Zoning Code prior to issuance of a Zoning Certificate, the Village Administrator or his/her designee shall utilize the Hazard Potential Rating System identified in Phase II of the Village's Drinking Water Source Protection Program (DWSP) to assist in the determination of intensity of use within this district. No substitutions of a non-conforming use shall be permitted which result in an increase of the Hazard Potential Rating on a parcel within this district.
(Ord. 13-04. Passed 7-23-13.)