2005-292
ORDINANCE NO. 2005 - 292
An ordinance creating Section 18.36.070 B.3 (W - Well Head Protection Overlay
District) in the zoning code, with penalties for violations thereof, together with the cost of
prosecution, with remedies upon default of forfeiture payment, and injunctive relief, all in
the manner set forth in Chapter 18.28 and Section 13.04.130 of the Code of General
Ordinances of the City of J anesville.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Chapter 18.36.070 B.3 of the Code of General Ordinances of the City of
Janesville is hereby created to read as follows:
"Chapter 18.36.070 OVERLAY SUPPLEMENTAL DISTRICTS
B. District Requirements
3. W - Well Head Protection Overlay District
a. Intent and Purpose. The residents of the City of Janesville depend
exclusively on groundwater for a safe drinking water supply. Certain
land use practices and activities can seriously threaten or degrade
groundwater quality. The purpose of the Wellhead Protection Overlay
District is to institute land use regulations and restrictions to protect
the municipal water supply and wells, and to promote the public
health, safety and general welfare of the residents of the City.
b. Definitions.
1. EXISTING FACILITIES - "Existing facilities" means current
facilities, practices and activities which may cause or threaten to
cause environmental pollution within that portion of the wellhead
protection area that lies within the corporate limits of the City.
11. GROUNDWATER PROTECTION OVERLAY DISTRICT -
"Groundwater protection overlay district" means that area
described within the water utility's wellhead protection plan. A
copy of the wellhead protection plan can be obtained from the
Water Utility.
iii. TIME OF TRAVEL - "Time of travel" means the determined or
estimated time required for a contaminant to move in the saturated
zone from a specific point to a well.
c. Designation of Well Head Protection Districts
i. The area to be protected as a District is that portion of the water
utility's well recharge areas representing a 5 year time of travel to
the well or a minimum radius of 1,200 feet surrounding the well
head. These lands are subject to land use and development
restrictions because of their close proximity to the wells and the
corresponding threat of contamination. The well head protection
districts shall be defined by a well head protection plan developed
for each well by the City of Janesville Water Utility and as
approved by the Wisconsin Department of Natural Resources.
I. The well head protection district for Well No. 12 shall include
the area located within a 1200 foot radius surrounding the well
head.
II. The well head protection district for Well No. 14 shall include
the area located within a 1,200 foot radius surrounding the well
head.
d. PERMITTED USES. Subject to the exemptions listed in section
(3)(h), the following are the only permitted uses within the DISTRICT.
1. Parks, open space and public recreational facilities provided there
is no on-site waste disposal or fuel storage tank facilities associated
with this use.
ii. Playgrounds.
iii. Wildlife areas.
iv. Non-motorized trails, such as biking, skiing, nature and fitness
trails.
v. Municipally sewered residential development, and other permitted
uses in the residence district, free of flammable and combustible
liquid underground storage tanks.
V1. Municipally sewered office, business and industrial development
zoned 01,03, B-1, B-2, B-3, B4, BT, M1, and M2 except for the
uses listed below, which are subject to the provisions outlined in
section (3)( d)(vii).
I. Above ground storage tanks.
II. Asbestos product sales.
III. Automotive service and repair garages, body shops.
IV. Blue printing and photocopying services.
V. Car washes.
VI. Laundromats and diaper services.
VII. Dry cleaning.
VIII. Chemical Manufacturing.
IX. Gas stations.
X. Holding ponds or lagoons.
XI. Infiltration ponds.
XII. Nurseries, lawn and garden supply stores.
XIII. Small engine repair services.
XIV. Underground storage tanks.
XV. Wells, private, production, injection or other.
XVI. Any other use determined by the Planning Director to be
similar in nature to the above listed items.
V11. Expansion or establishment of those activities listed above in
Section (d) (vi) shall require the submittal of a site plan for
review and approval by the Site Plan Review Coordinator and
the Water Utility Director prior to the establishment of said uses.
If the Site Plan Review Coordinator and Water Utility Director
deny or conditionally approves a site plan and the applicant
disagrees with such decision, the applicant may appeal such
denial or condition to the Plan Commission. Such an appeal
shall be signed and filed in writing with the Planning Department
within thirty (30) days following the Site Plan Review
Coordinator and Water Utility Director's determination or be
forever barred. The Plan Commission may affirm, overrule or
modify a decision of the Site Plan Review Coordinator and the
Water Utility Director. The Plan Commission may impose
conditions on the establishment of such uses including but not
limited to an annual monitoring of such uses as may be
appropriate and as they deem necessary to preserve the well head
protection area.
V111. Agricultural uses in accordance with the county soil conservation
department's best management practices guidelines.
e. CONDITIONAL USES. None, except as provided in the underlying
zoning district.
f. SEPARATION DISTANCES. The following separation distances as
specified in s. NR 811.16(4)( d), Wis. Adm. Code, shall be maintained
and shall not be exempted as listed in section (3)(h).
1. Fifty feet between a well and a storm sewer main.
11. Two hundred feet between a well and any sanitary sewer main, lift
station or a single family residential fuel oil tank. A lesser
separation distance may be allowed for sanitary sewer mains where
the sanitary sewer main is constructed of water main materials and
joints and pressure tested in place to meet current A WW A C600
specifications or low pressure air tested in accordance with the
current edition of the Standard Specifications for Sewer & Water
Construction in Wisconsin. In no case may the separation distance
between a well and a sanitary sewer main be less than 50 feet.
iii. Four hundred feet between a well and a septic system, tank, or
drain field, and receiving less than 8,000 gallons per day, a
cemetery or a storm water drainage pond.
IV. Six hundred feet between a well and any gasoline or fuel oil
storage tank installation that has received written approval from
the Wisconsin Department of Commerce (hereafter Commerce) or
its designated agent under s. Comm 10.10, Wis. Adm. Code.
v. One thousand feet between a well and land application of
municipal, commercial or industrial waste; industrial, commercial
or municipal wastewater, lagoons or storage structures; manure
stacks or storage structures; and septic tanks or soils absorption
units receiving 8,000 gallons per day or more.
V1. Twelve hundred feet between a well and any solid waste storage,
transportation, transfer, incineration, air curtain destructor,
processing, one time disposal or small demolition facility; sanitary
landfill; coal storage area; gasoline or fuel oil storage tanks that
have not received written approval from Commerce or its
designated agent under s. Comm 10.10, Wis. Adm. Code; bulk fuel
storage facilities and pesticide handling or storage facilities.
g. REQUIREMENTS FOR EXISTING FACILITIES
1. Existing facilities and uses that are in compliance with the
regulations of the underlying zoning district are considered
conforming uses.
11. Existing facilities shall provide copies of all federal, state and local
facility operation approvals or certificates and on-going
environmental monitoring results to the Water Utility.
iii. Existing facilities which are non-compliant with any State, Federal
or Local environmental regulations shall provide information as
deemed necessary by the Water Utility which may include but is
not limited to stormwater runoff management and groundwater or
site monitoring.
IV. Existing facilities shall replace equipment or expand in a manner
that maintains or improves the existing environmental and safety
technologies already in existence.
v. Existing facilities shall have the responsibility of devising and
filing with the Water Utility a contingency plan satisfactory to the
Water Utility for the immediate notification of the Water Utility in
the event of a chemical or other spill which may pose a threat to
groundwater quality.
h. EXEMPTIONS AND WAIVERS
1. Individuals and/or facilities may request the City in writing, to
permit additional land uses in the District.
11. All requests shall be in writing, whether on or in substantial
compliance with forms to be provided by the City and may require
an environmental assessment report prepared by a licensed
professional engineer. Said report shall be forwarded to the City
and/or designee(s) for recommendation and final decision by the
Plan Commission.
iii. The individual/facility shall reimburse the City for all consultant
fees associated with this review at the invoiced amount plus
administrative costs.
IV. Any exemptions granted shall be conditional and may include
required environmental and safety monitoring consistent with
local, state and federal requirements, and/or bonds and/or securities
satisfactory to the City.
1. ENFORCEMENT
1. In the event that an individual and/or facility causes the release
of any contaminants which endanger the well head protection
district, the individual and/or facility causing said release shall
immediately stop the release and clean up the release to the
satisfaction of the City.
11. The individual/facility shall be responsible for all costs of
cleanup, including all of the following:
I. City consultant fees at the invoice amount plus administrative
costs for oversight, review and documentation.
II. The cost of City employees' time associated in any way with
cleanup based on the hourly rate paid to the employee
multiplied by a factor determined by the City representing the
City's cost for expenses, benefits, insurance, sick leave,
holidays, overtime, vacation, and similar benefits.
III. The cost of City equipment employed.
IV. The cost of mileage reimbursed to City employees attributed
to the cleanup.
V. Following any such discharge the City may require additional
test monitoring and/or bonds/securities.
J . PENALTIES
1. Any person who violates any of the provisions of this section shall
be subject to penalties provided in Section 18.28.010 and Section
13.04.130."
SECTION II. This ordinance shall take effect immediately upon adoption by the
Common Council, the public health, welfare, peace, tranquility, good order, public
benefit, and police power so requiring."
ADOPTED:
December 12. 2005
Motion by: Williams
Second by: Addie
Councilmember Aye Nay Pass Absent
Brunner X
Brien X
Williams X
Wellnitz, Tim X
Wellnitz, Tom X
DeGarmo X
Addie X
APPROVED:
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Steven E. Sheiffer, City Man ger
APPROVED AS TO FORM:
/)J IhQ 0Y1
City Attorney
Proposed by: Water Utility
Prepared by: Planning Department