(A) Purpose. The purpose of the emergency response area is to protect the quality of the public water source, ensuring a safe and adequate drinking water supply, by further regulating any potential harmful uses allowed within the emergency response area of the wellhead protection plan.
(B) Scope. The ERA shall be defined and identified in the city’s current wellhead protection plan.
(C) Appeals and variances. An application for a variance shall be filed in writing with the Planning Administrator or designee, as specified under § 162.030 of this chapter.
(D) Rezoning (modifications to underlying zoning districts within the ERA). Any modification to underlying zoning districts within the ERA shall be consistent with the goals, policies and objectives of the adopted comprehensive land use plan, the adopted wellhead protection plan (also as updated or amended) and the following criteria, considerations and objectives: changes to underlying zoning districts where the utilization, storage or transportation of potential contaminants to the water supply shall be required to get a conditional or interim use permit through this subdivision.
(E) Special notifications. Any changes to zoning district boundary or uses allowed and all applications for conditional/interim use permits shall be submitted to the City Engineer for review and comment. The City Engineer and/or Planning Administrator or designee may submit information to State or County Health Departments or similar agencies for advice or assistance. Rain gardens or other infiltration structures may be subject to other regulations.
(F) Uses requiring a conditional or interim use permit. The following uses within the ERA shall require a conditional or an interim use permit as required in the underlying zoning district:
(1) Agricultural services;
(2) Animal feedlots;
(3) Contractor yards;
(4) Crop farming;
(5) Excavations;
(6) Excavation/mineral extraction;
(7) Extractive uses;
(8) Fill, filling or filling operations;
(9) Establishment of new private wells - major;
(10) Gas stations;
(11) Hazardous materials storage or use;
(12) Industrial services;
(13) Industrial warehousing distribution or storage;
(14) Industrial, heavy;
(15) Industrial, light;
(16) Institutional uses;
(17) Junkyards;
(18) Landfills;
(19) Mining site/operations;
(20) Nursery/greenhouses;
(21) Landscaping businesses;
(22) Repair and maintenance services;
(23) Retail agriculture;
(24) Sewage treatment systems; and
(25) Waste management facilities.
(G) Conditions. Conditions imposed will be based on maintaining the purpose of this district which may include but are not limited to the following:
(1) Structures and/or mechanisms for containment of potential contaminant spills;
(2) Spill response plans;
(3) Security measures on storage areas;
(4) Storm water infrastructure which protects the water supply from potential contaminant infiltration. Infiltration may be prohibited based on MPCA rules;
(5) Site plans and road management programs (including salt application management) of roads, parking lots or other similar surfaces in order to protect the water supply from potential contaminant infiltration;
(6) Site plans and turf management programs (including fertilizer application management) for open and/or vegetative areas to protect the water supply from potential contaminant infiltration; and
(7) Evidence of required state and/or federal permits and required monitoring programs.
(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)