(a) Purpose. The purpose of the Wellhead Protection Overlay District is to provide overlay requirements to ensure that existing and anticipated land uses, and new and altered structures and improvements, within the five-year capture zone delineated in the Wellhead Protection plan of the Village, dated July, 1997, shall not endanger or threaten the safety or quality of the groundwater which provides the sole water source of the Village. The importance of preserving this natural resource requires that special heightened review and evaluation be achieved through the use of a special district.
(b) District Boundaries. The Wellhead Protection Overlay District consists of that property located within the boundaries of the shaded areas depicted in Appendix A to original Ordinance 19-98. (See Ordinance 19-98 Appendix "A", which follows this section.)
(c) Permitted and Conditional Uses. Permitted and conditional uses shall be consistent with the provisions of the Zoning Ordinance and the use districts as determined by the official Zoning Map, and are not materially affected by this section, provided that any use within the Wellhead Protection Overlay District shall also conform to this section and be approved.
(d) Procedure. For properties within the Wellhead Protection Overlay District, in addition to any other procedures set out in this section (see especially Section 1135.02)
, each application for a Zoning Permit shall follow the procedures hereinafter set forth.
(1) Application required. Copies of an application provided by the Municipality shall be filed with the Zoning Inspector. The application shall be accompanied by copies of the proposed development plan, which shall comply with subsection (d)(2) hereof. The Planning and Zoning Commission shall consider such application within ninety days after the filing of the application and such copies.
(2) Development plan required. In addition to the information required by Section 1135.02, the application for a Zoning Permit shall be accompanied by eight (8) copies of a Development Plan. Such Development Plan shall include in text and map form:
A. A description of the proposed land uses, processes and activities, together with their location and arrangement.
B. A description of any wells, new or existing, to be used in any proposed land use, process or activity.
C. A detailed description of all facilities, operations, procedures and process chemical usage involved in the proposed land uses, processes and activities.
D. A statement of proposed methods and provisions for carrying out or maintaining the proposed land uses, processes and activities in a manner calculated to ensure environmental and public safety, and to prevent contamination of the groundwater in the Wellhead Protection Overlay District.
E. A sworn statement that the applicant has received a copy of the current ordinance and advisory materials from the Village describing prohibited activities within the Wellhead Protection Overlay District, and prohibited means and methods of conducting non-prohibited activities, and that to applicant's knowledge its proposed land uses, processes and activities are not in violation of the same.
(3) Village Engineer review. A copy of the development plan shall be forwarded to the Village Engineer by the Zoning Inspector for review and comment to the Planning and Zoning Commission. The cost of such review and any necessary testing shall be paid by the applicant, as hereinafter provided in this section.
(4) Planning and Zoning Commission review. The Planning and Zoning Commission shall review the plan as to whether the following conditions are met:
A. The proposed land uses, processes and activities are permitted uses as so specified by the zoning district in force for the subject land, or approved conditional uses.
B. Any proposed plans for ensuring environmental and public safety and the prevention of the contamination of the groundwater in the Wellhead Protection Overlay District are adequate.
C. The proposed land uses, processes and activities do not represent a threat or danger to the safety or qualify of the groundwater in the Wellhead Protection Overlay District.
(5) Planning and Zoning Commission action. Within thirty days of submission, the Planning and Zoning Commission shall make recommendations approving, disapproving or approving with modifications the proposed land uses, processes and activities and any proposed plans for ensuring environmental and public safety and the prevention of the contamination of the groundwater in the Wellhead Protection Overlay District. Such modifications may be a limitation on the extent or intensity of development, a requirement for additional action to ensure environmental and public safety and the prevention of the contamination of the groundwater, or a change in other conditions of development as may be required. Each applicant shall be notified of the reason for disapproval or modification along with the decision of the Planning and Zoning Commission notifying them of such action.
(6) Council review. Council may, within sixty days of the issuance of the action of the Planning and Zoning Commission, review the recommendation of the Planning and Zoning Commission concerning the application and either adopt and approve, disapprove, or approve with the same or different modifications the proposed application. If Council fails to act within such sixty day period, the recommendation of the Planning and Zoning Commission shall become final.
(7) Zoning Permit. If the application is approved, or approved with modifications and the recommended modifications are completed, a Zoning Permit shall be issued.
(e) Appeal. Any applicant whose application herein is not approved, or any applicant whose application herein is approved subject to modifications in accordance with subsection (d)(5) hereof, may appeal the action of the Planning and Zoning Commission and Council as provided in Ohio R.C. Chapter 2506.
(f) Retainer and Fees. The applicant shall be responsible for payment of the following fees and deposit of the following retainer:
(1) A general filing fee of two hundred dollars ($200.00) which shall be paid upon filing of the application;
(2) An amount equivalent to the engineering fees and testing expenses incurred in processing and evaluating such application, including the cost of any necessary appearance before the Planning and Zoning Commission by the Village Engineer.
(3) A retainer for engineering fees and testing expenses shall be paid upon filing of the application. If the costs of testing expenses and engineering fees incurred in the processing and evaluation of the application, including the cost of any necessary appearance before the Planning and Zoning Commission by the Village Engineer, are anticipated to exceed the retainer amount, an additional retainer amount will be required to be deposited. If the retainer collected exceeds the costs incurred by the Village, the balance will be returned to the applicant. If the costs incurred by the Village exceed the retainer collected, the applicant shall deposit and pay the difference.
(Ord. 13-11. Passed 10-24-11.)
APPENDIX A
Wellhead Protection Overlay District Boundary
Wellhead Protection Overlay District Boundary
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(Ord. 13-11. Passed 10-24-11.)