(A) Because of the risk that certain chemicals pose to ground water quality, it is recognized that further regulation of use and storage of chemicals related to land use activities is essential in order to preserve public health, welfare and economic vitality of the city’s planning area. Areas near wellfields used to supply water for public purposes wherein certain potentially hazardous land uses near such wellfield areas shall be regulated and restricted to a greater extent than the underlying zoning.
(B) Therefore, the following regulations shall apply to all land within the Wellfield Protection Overlay Districts, with exceptions of single and multi-family residential land uses.
(1) Applicability of regulation. No building, structure, premises or part thereof shall be constructed, erected, enlarged, extended or relocated except in conformity with these regulations and for uses permitted herein and until a proposed site and development plan has been filed and the City Superintendent has issued an improvement location permit.
(2) Exemption to development and site plan requirements. In W1 and W5 Overlay Districts, a site and development plan is not required if the existing or proposed use is entirely:
(a) For single- or multi-family residential use (R1, R2 and R3);
(b) For professional business offices (B1); and
(c) Other business uses where, in their normal course of business the threshold amounts of substances hazardous to drinking water as determined by EPA or IDEM are: in Overlay District W1, less than one gallon of liquids in the aggregate or six pounds of water soluble solids in the aggregate and in overlay district W5 less than 100 gallons of liquids in the aggregate or 600 pounds of water soluble solids in the aggregate, are stored or used on site at any one time.
(3) Exemptions. In determining the threshold amount of hazardous substances, the following are exempt:
(a) Liquids required for normal operation of a motor vehicle in use in that vehicle;
(b) Reasonable quantities of substances, stored in their original container, used for routine building and yard maintenance stored inside a facility;
(c) Substances contained within vehicles for bulk deliveries to the site;
(d) Beverages and food use at restaurants, supermarkets, convenience stores and other retail food establishments;
(e) Discharge of uncontaminated public water supply water, ground water and/or surface water;
(f) Substances, which are packaged in pre-sealed containers, sold at retail establishments;
(g) Substances utilized for the production and treatment of public water supply; and
(h) Substances, which because of their inherent properties are determined from time to time by the City Superintendent to pose no significant threat to ground water.
(4) Application required. In addition to a site and development plan the following uses require application to the Plan Commission, in compliance with Art. X of this chapter and a specific finding by an affirmative vote of the Plan Commission that the proposed use would not be detrimental to the public water supply within wellhead protection overlay areas regardless of the underlying zoning:
(a) All business, industrial or commercial uses that do not meet the requirements of subsection (B)(3) above and the hazardous substances are not exempt under subsection (B)(3) above;
(b) Any proposed use that requires the installation of an underground storage tank, holding tank, septic tank, grease trap or any other similar underground facility;
(c) Car, truck or vehicles wash;
(d) Animal feedlots, confinement areas and stockyards or slaughterhouse, including meatpacking;
(e) Mineral, aggregate, metals, clays or any other type of mining. Any type of mineral extraction associated with the removal of sand and gravel shall meet the following requirements.
1. Removal of sand and gravel material below the normal ground water level shall be accomplished using dragline, floating dredge or an alternative net excavation method.
2. There shall be no de-watering of sand and gravel mining sites.
3. No form of solid waste, sludge or any other form of waste material of any kind, including, but not limited to, construction/demolition including milled or broken asphalt and concrete pavement, debris, shall be used, stockpiled, stored or kept on the site. Clean natural earth fill materials may be used without restriction.
4. All fuels, oils, lubricants, hydraulic fluids, petroleum products or similar materials on the site must be stored using secondary containment facilities.
(f) Wastewater treatment facilities; and
(g) Solid waste storage, disposal or transfer stations.
(5) Prohibited uses. The following uses are prohibited within the wellhead protection overlay areas W1 and W5:
(a) Open storage of salts, tars and petroleum products, wood treated with preservatives, pesticides, fertilizers, appliances or any other items or product where rain or other environmental action would wash a hazardous substance on or into the soil;
(b) Junk or salvage yards;
(c) Hazardous chemical transfer or transport stations, other than bulk deliveries to retail or industrial facilities;
(d) Warehousing of hazardous chemicals or substances where the warehoused materials exceed in Overlay District W1, more than one gallon of liquids in the aggregate or six pounds of water soluble solids in the aggregate and in overlay district W5 more than 100 gallons of liquids in the aggregate or 600 pounds of water soluble solids in the aggregate, are warehoused at any one time unless the hazardous chemicals or substances are stored in an area that has secondary containment capable of containing 110% of the aggregate amounts of liquid and solid hazardous substances;
(e) Explosives of any kind;
(f) De-watering of sites except for: prevention of damage to structures; to protect ground water quality; and the temporary de-watering for the construction of sewers and other underground facilities, including foundations; and
(g) Injection wells of any kind except for the following: non-contact air conditioning (heating and cooling) return flow wells; non-contact cooling water return flow wells; barrier recharge wells used to replenish the water in an aquifer or to improve ground water quality provided the injected fluid does not contain potential ground water contaminants; and non-contact wells associated with recovery of geothermal energy, aquaculture and production of electric power.
(6) Existing use expansion. Where an existing use is being expanded, the site and development plan shall generally describe the entire site but only the expansion development will be subject to regulation.
(7) Commitments. The Plan Commission may permit or require commitments as a requirement for approval of any development listed in subsection (B)(4) above.
(8) Permitted uses. All uses permitted in the applicable underlying zoning district, subject to the requirement, restrictions, limitations and prohibitions given in subsections (B)(1), (B)(2), (B)(3), (B)(4), (B)(5) and (B)(6) above shall be those allowed in W1 and W2 Overlay Districts.
(9) Site and development plan requirements and supporting information.
(a) The site and development plan submitted to the City Superintendent for issuance of a improvement location permit and/or to the Plan Commission in support of a proposed use listed in subsection (B)(4) above shall include the following:
1. Any existing uses;
2. Setbacks;
3. Landscaping, screens, walls, fences;
4. Wastewater disposal facilities;
5. Vicinity Map (U.S.G.S. 7.5-minute quadrangle preferred);
6. Brief history of site of new building, addition or other structures and improvements (usage, historical environmental concerns, abandoned wells, underground storage tanks, septic tanks, holding tanks);
7. Site map (drawn to scale not to exceed one inch equals 100 feet) to include:
a. All existing and proposed structures;
b. Paved and non-paved areas;
c. Utility lines (inside and outside structures) including sanitary sewers, storm sewers, storm retention/detention basins/ditches/french drains/dry wells and the like (both existing and proposed);
d. Floor drain locations and outlets;
e. Chemical/product storage locations;
f. Waste storage areas;
g. Liquid transfer areas;
h. Site surface water bodies (streams, rivers, lakes, ponds ditches);
i. Underground storage tanks (existing and proposed); and
j. Aboveground storage tanks (existing and proposed), if applicable.
8. Description of proposed operations, including chemicals/products used or generated, chemical/product storage area descriptions, waste generation quantities, equipment cleaning/ maintenance procedures, heating source (oil/gas/electric), liquid transfer/loading areas;
9. Methods and locations of receiving, handling, storing and shipping chemicals/products and waste;
10. Response measures and reporting;
11. Description of slopes near containment vessels and waste storage areas; and
12. Site and development plans must be certified by a technically qualified person competent to evaluate environmental containment facilities and contamination risk to ground water quality. Examples of technically qualified person include professional engineers, certified professional geologists and environmental scientists with specialized training and experience in hydrogeology, contaminant transport and hazardous materials management provided the technically qualified person is licensed by the state in the case of professional engineers and geologists and by a nationally recognized certifying body or federal agency in the case of environmental scientists. Certification shall be to the city and shall state that the site and development plan meets the requirements of this chapter and that the facilities when properly constructed and maintained will meet EPA and IDEM guidelines of containment of hazardous substances and that the risk to ground water contamination is within established EPA and IDEM guidelines.
(b) The Board of Zoning Appeals shall not approve any petition that amends, abrogates or alters the requirements, standards or uses contained in Wellhead Protection Overlay Areas W1 and W5.
(Ord. 2001-1478, passed 11-19-2001)