A. Purpose.
1. SARA Overlay District Purpose. As aquifers are the only source of potable water supply in McHenry County, the County desires to protect this sensitive natural resource through the creation of the Sensitive Aquifer Recharge Area (SARA) Overlay District. The intent of the SARA Overlay District is to provide development standards that protect, preserve, and maintain the most sensitive recharge areas within the unincorporated County. The SARA Overlay District implements the Water Resources Action Plan to prevent damage to the soil’s natural recharge ability.
2. Class III Special Resource Groundwater Protection Areas Purpose. The Illinois Pollution Control Board designates Class III Special Resources Groundwater Protection Areas to groundwater that is demonstrably unique and suitable for application of a water quality standard more stringent than otherwise applicable, is vital for a particularly sensitive ecological system, or contributes to a dedicated Illinois Nature Preserve. The Class III Special Resources Groundwater Protection Areas Overlay District is intended to provide development standards that protect these water resources from the potential negative impacts of development.
B. Mapping.
1. SARA Overlay District Mapping. Mapping of the SARA Overlay District is established by the McHenry County Water Resources Action Plan, adopted on October 18, 2011, and as may be amended from time to time. Said map is included as Appendix B of this Ordinance for reference.
2. Class III Special Resource Groundwater Protection Areas Mapping. The Class III Overlay District consists of all areas designated as Class III Special Resources Groundwater Protection areas identified by the Illinois Pollution Control Board, and as may be amended from time to time. Said map is included as Appendix B of this Ordinance for reference.
C. On-Site Verification and Review.
1. SARA On-Site Verification and Review. If a property owner can provide evidence that their property does not have the characteristics of a sensitive aquifer recharge area, and, the Zoning Enforcement Officer concurs with the evidence submitted by the property owner, the provisions of the SARA Overlay District do not apply to the site. In order to be considered, the evidence must include soil or geologic study analysis, made by a hydrogeologist or other qualified professional, which was conducted in a manner consistent with the SARA mapping methodology. The County may seek independent expert opinion regarding the geologic analysis and conclusions.
2. Class III Special Resource Groundwater Areas On-Site Verification and Review.
a. A property owner may submit legal descriptions or survey data documenting the location of their property relative to the location of a Class III Special Resources Groundwater Protection area as designated by the Illinois Pollution Control Board for the purpose of documenting that their property is not located within a Class III Special Resources Groundwater Protection area. If the Zoning Enforcement Officer concurs with the information submitted by the property owner, the provisions of the Class III Overlay District do not apply to the property.
D. Restricted Uses. The following uses are prohibited or have additional restrictions when the property to be developed includes SARA Overlay District or Class III Special Groundwater Resource Areas Overlay District:
1. The following types of pollution control facilities are prohibited:
a. Radioactive waste sites.
b. Municipal solid waste landfills.
c. Special or hazardous waste landfills.
2. Clean construction and demolition debris facilities, as defined by the State of Illinois are prohibited unless the following standards are met:
a. The use shall comply with all state regulations and permit requirements.
b. Quarterly groundwater sampling shall be conducted by Illinois licensed professional engineers or Illinois licensed professional geologists. The Zoning Enforcement Officer shall approve the groundwater monitoring plan.
3. Permanent asphalt/concrete batch plants are prohibited unless the following standards are met:
a. The use shall comply with all state regulations and permit requirements.
b. Quarterly groundwater sampling shall be conducted by Illinois licensed professional engineers or Illinois licensed professional geologists. The Zoning Enforcement Officer shall approve the groundwater monitoring plan. This criteria can be satisfied if the asphalt/concrete batch plant is located within an earth extraction and/or mining site with an approved groundwater monitoring plan.
4. Salvage yards are prohibited unless the following standards are met:
a. A salvage yard shall be located, conformed, drained, and managed so that it will not constitute a source of water pollution.
b. A pollution prevention plan is required and shall be approved by the County, and shall comply with all local, federal, and state environmental rules and regulations.
5. Class V underground injection wells, as defined by the State of Illinois, are prohibited, unless the following standards are met:
a. Dry wells may be installed as part of an approved stormwater management facility if designed, installed, and maintained in accordance with the McHenry County Stormwater Management Ordinance, including any applicable requirements for pretreatment of stormwater runoff.
b. On-site wastewater treatment systems may be installed if designed, installed, and maintained in accordance with the McHenry County Public Health Ordinance.
c. Geothermal systems may be installed if designed, installed, and maintained in accordance with the applicable County building codes, state plumbing, and state water well construction codes.
6. Manufacturing and warehouse facilities that store any hazardous substance identified in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in quantities equal to or greater than their reportable quantity as identified in Title 40: Protection of Environment, § 302.4: Designation of hazardous substances, are prohibited, unless said hazardous substances are for earth extraction and/or mining or agricultural purposes.
E. Development Standards.
1. When the property to be developed includes SARA Overlay District or any Class III Special Resource Areas Overlay District, the following standard applies:
a. The maximum impervious surface coverage is limited to the lesser of the maximum impervious surface area allowed in the zoning district or fifty percent (50%), but in no case shall more than fifty percent (50%) of the SARA Overlay District area on site be made impervious.
2. When the property to be developed contains any Class III Special Resource Areas Overlay District, the property owner shall submit the proposed development plans to the Illinois Environmental Protection Agency prior to the site plan review process.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, §§ 13.3, 13.4; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)