(a) Zone 1 - Drinking Water Critical Impact Zone. Zone 1 is defined as the area within the 1-year time-of-travel distance mapped around all the public water supply well(s).
(1) Encouraged uses. The following uses are encouraged within Zone 1 provided they meet the appropriate performance standards outlined in subsection (a)(3) below and are designed so as to prevent any groundwater contamination.
A. Parks, greenways,or publicly-owned recreational areas such as foot, bicycle and/or horse paths, and bridges.
B. Necessary public utilities/facilities including the construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, and treatment facilities.
C. Conservation efforts for soil, water, plants, and wildlife;
(2) Special exceptions. The following uses are permitted only under the terms of a special exception and must conform to provisions of the underlying zoning district and meet the performance standards outlined in subsection (b)(3).
A. Expansion of existing nonconforming uses to the extent allowed by the underlying district. The applicant should consult the local zoning plan to confirm nonconforming uses. The City of St. Marys reserves the right to review all applications and shall not grant approval unless it finds such expansion does not pose greater potential contamination of groundwater than the existing use. (Ord. 2013-22. Passed 7-8-13.)
(3) Prohibited uses. The following uses, unless granted a special exception, are prohibited within Zone 1, the 1-year time-of-travel zone.
A. Automobile body/repair shop;
B. Gas station;
C. Fleet/trucking/bus terminal;
D. Dry cleaner;
E. Electrical/electronic manufacturing facility;
F. Machine shop;
G. Metal plating/finishing/fabricating facility;
H. Chemical processing/storage facility;
I. Wood preserving/treating facility;
J. Junk/scrap/salvage yard;
K. Mines/gravel pit;
L. Irrigated nursery/greenhouse stock;
M. Confined animal feeding operations;
N. Land divisions resulting in high density (> 1 unit/acre) septic systems;
O. Equipment maintenance/fueling areas;
P. Injection wells/dry wells/sumps, except for single-family residences directing gutter downspouts to a drywell;
Q. Underground storage tanks, (except those with spill, overfill, and corrosion protection requirements in place);
R. All other facilities involving the collection, handling, manufacture, use, storage, transfer or disposal of any solid or liquid material or waste having potentially harmful impact on groundwater quality; and,
S. All uses not permitted in the underlying zone district.
(b) Zone 2 - Drinking Water Potential Impact Zone. Zone 2 is established as the remainder of the Groundwater Protection Overlay District not included in Zone 1, but deemed necessary to ensure adequate protection of public drinking water supplies. This area is referred to as the 5-year time-of-travel distance mapped around all the public water supply well(s).
(1) Permitted uses: All uses permitted in the underlying zoning districts provided that they can meet the Performance Standards as outlined for the Groundwater Protection Overlay District.
(2) Special exceptions: All special exceptions allowed in underlying districts may be approved by the City of St. Marys provided they can meet performance standards outlined for the Groundwater Protection Overlay District.
(3) Performance standards: The following standards shall apply to uses in Zones 1 and 2 of the Groundwater Protection Overlay District:
A. Any facility involving the collection, handling, manufacture, use, storage, transfer or disposal of any solid or liquid material or wastes, unless granted a special exception either through permit or another ordinance, must have a secondary containment system which is easily inspected and whose purpose is to intercept any leak or release from the primary containment vessel or structure. Underground tanks or buried pipes carrying such materials must have double walls and inspectible sumps.
B. Open liquid waste ponds containing materials referred to in subsection (b)(3)A. hereof will not be permitted without a secondary containment system.
C. Storage of petroleum products in quantities exceeding 100 gallons at one locality in one tank or series of tanks must be in elevated tanks; such tanks must have a secondary containment system noted in subsection (b)(3)A. hereof where it is deemed necessary by the Director of Public Service and Safety.
D. All permitted facilities must adhere to appropriate federal and state standards for storage, handling and disposal of any hazardous waste materials.
E. An acceptable contingency plan for all permitted facilities must be prepared for preventing hazardous materials from contaminating the aquifer should floods, fire, or other natural catastrophes, equipment failure, or releases occur:
1. For flood control, all underground facilities shall include but not be limited to a monitoring system and secondary standpipe above the 100 year flood control level, for monitoring and recovery. For above ground facilities, an impervious dike, above the 100 year flood level and capable of containing 100 percent of the largest volume of storage, will be provided with an overflow recovery catchment area (sump).
2. For fire control, plans shall include but not be limited to a safe fire fighting procedure, a fire retarding system, effective containment of any liquid runoff, and provide for dealing safely with any other health and technical hazards that may be encountered by disaster control personnel in combating fire. Hazards to be considered are pipes, liquids, chemicals, or open flames in the immediate vicinity.
3. For equipment failures, plans shall include but not be limited to: Below ground level, removal and replacement of leaking parts, a leak detection system with monitoring, and an overfill protection system.
Above ground level, liquid and leaching monitoring of primary containment systems, the replacement or repair and cleanup andlor repair of the impervious surface.
4. For any other release occurring, the owner and/or operator shall report all incidents involving liquid or chemical material to the Groundwater Protection Coordinator designated by the City of St. Marys.
5. Since it is known that improperly abandoned wells can become a direct conduit for contamination of groundwater by surface water, all abandoned wells shall be properly plugged according to local and state regulations.
(Ord. 2012-29. Passed 8-13-12.)