(A) Generally. The intent of the Aquifer Protection Overlay (APO) District is to guide development and existing uses in those areas where an aquifer has been identified as deserving of detailed standards because of the existence of a wellfield providing potable water to the local water utility. This District also stems from § 1428 of the 1986 Amendment to the Federal Safe Drinking Water Act, being 42 U.S.C. §§ 300h-7, that mandates that every state develop a wellhead protection program to protect public water supplies which utilize a groundwater source.
(B) Land use restrictions. Uses that utilize or contain volatile, poisonous, toxic or other material hazardous to the potability of water are restricted or prohibited.
(C) Development standard restrictions.
(1) Prevent the contamination of groundwater resources;
(2) Prevent excessive extraction of the groundwater resources;
(3) Regulate land use activities that store, handle or produce hazardous material;
(4) Require the use of best management practices (regulatory and non-regulatory) for the protection of existing and future groundwater sources of drinking water;
(5) Identify the responsibility of the city, as the local governmental unit, and the Department of Metropolitan Development, as the responsible agent for the city, in protecting groundwater resources in the city; and
(6) Prevent any increase in the risk of contamination of the aquifer from existing or future uses.
(D) Application of District. Two zoning districts, designated as the East Aquifer Protection District and the West Aquifer Protection District are designated on the Official Zoning Map.
(Ord. 10-2010, passed - -2010, § 3.07A)