ORD20091301-Wellhead
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1301
AN ORDINANCE TO REPEAL AND RECREATE, CHAPTER 17,
ZONING CODE, SECTION 13, OF THE CITY OF MUSKEGO
(Wellhead Protection Overlay District)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 17, Section 13 of the Municipal Code of the City of Muskego is
hereby repealed and recreated as follows:
SECTION 13 WELLHEAD PROTECTION OVERLAY DISTRICT
13.01 STATEMENT OF PURPOSE AND APPLICABILITY
Purpose. The Wellhead Protection Area is intended to institute land use regulations and
restrictions to protect the City of Muskego's municipal water supply and well fields and
to promote the public health, safety and general welfare of the residents of the City of
Muskego.
Applicability. The regulations specified by this District shall apply to all lands and/or
structures that lie within 600 feet of each utilized municipal well within the City of
Muskego corporate limits (except for those specific uses regulated by WI DNR
regulations \[hereinafter referred to as DNR regulations\] and/or in Section 13.03 below).
The amount of feet for the different types of uses are indicated below based on DNR
regulations and local ordinance. Some City owned and maintained wells have a well
head protection area delineated in a Well Head Protection Plan completed by the City in
conformance with § NR 811, however, the above referenced spatial distances are what
applies to this ordinance. The City files new wellhead protection plans, acceptable to
the DNR, when utilizing, or taking over, any new wells in the City after 1993.
13.02 BASIC REGULATIONS
Building Open
(1) Lot Size (2) Density (4) Building Size (6) Height
(3) Location (5) Space
Minimum Residential Min per
Minimum Min. Residential Min. Floor Max. Permitted
Minimum
Residential
Average Set
Floor Area (In Sq. Ft.)
Area Lot Area (In Feet)
D/U
Offset
Width Back
Per D/U Area
(In Sq. Ft. Single Family Principal Accessory
Lot Area One All other
Multi
(In Feet)
(In Feet)
structure structure
Per D/U Side sides
1st Total
Or Acres) Ratio
per
(In Feet) (In Feet)
floor
(In Sq. Ft.)
D/U
* * * * * * - * - * * * *
*Same as in underlying district
13.03 REQUIRED SEPARATION DISTANCES PER DNR REGULATIONS
In addition to the setbacks for certain uses in the underlying zoning district, the
structures and uses in the wellhead area shall have additional setback and yard
requirements. The well shall be adequately separated from potential sources of
contamination. Unless a hydro geologic investigation indicates lesser separation
distances would provide adequate protection of a well from contamination or
department approved treatment is installed to address the potential contamination
concerns, the minimum separation distances shall be:
(1) Ten feet between a well and an emergency or standby power system that is
operated by the same facility which operates the well and that has a double wall
above ground storage tank with continuous electronic interstitial leakage
monitoring. These facilities shall meet the installation requirements of s. Comm
10.260 and receive written approval from the Department of Commerce or its
designated Local Program Operator under s. Comm 10.110.
(2) Fifty feet between a well and a storm sewer main or a sanitary sewer main
where the sanitary sewer main is constructed of water main class materials and
joints. Gravity sanitary sewers shall be successfully air pressure tested in
place. The air pressure test shall meet or exceed the requirements of the 4 psi
low pressure air test for plastic gravity sewer lines found in the latest edition of
Standard Specifications for Sewer & Water Construction in Wisconsin. Force
mains shall be successfully pressure tested with water to meet the AWWA
C600 pressure and leakage testing requirements for one hour at 125% of the
pump shut-off head.
(3) Two hundred feet between a well and any sanitary sewer main not constructed
of water main class materials, sanitary sewer manhole, lift station, one or two
family residential heating fuel oil underground storage tank or above ground
storage tank or POWTS treatment tank or holding tank component and
associated piping.
(4) Three hundred feet between a well and any farm underground storage tank
system or other underground storage tank system with double wall and with
electronic interstitial monitoring for the system, which means the tank and any
piping connected to it. These installations shall meet the most restrictive
installation requirements of s. Comm 10.260 and receive written approval from
the department of commerce or its designated Local Program Operator under s.
Comm 10.110. These requirements apply to tanks containing gasoline, diesel,
bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel,
burner fuel, lubricant, waste oil, or hazardous substances.
(5) Three hundred feet between a well and any farm above ground storage tank
with double wall, or single wall tank with other secondary containment and
under a canopy; other above ground storage tank system with double wall, or
single wall tank with secondary containment and under a canopy and with
electronic interstitial monitoring for a double wall tank or electronic leakage
monitoring for a single wall tank secondary containment structure. These
installations shall meet the most restrictive installation requirements of s. Comm
10.260 and receive written approval from the department of commerce or its
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designated Local Program Operator under s. Comm 10.110. These
requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol,
other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel,
lubricant, waste oil, or hazardous substances.
(6) Four hundred feet between a well and a POWTS dispersal component with a
design capacity of less than 12,000 gallons per day, a cemetery or a storm
water retention or detention pond.
(7) Six hundred feet between a well and any farm underground storage tank
system or other underground storage tank system with double wall and with
electronic interstitial monitoring for the system, which means the tank and any
piping connected to it; any farm above ground storage tank with double wall, or
single wall tank with other secondary containment and under a canopy or other
above ground storage tank system with double wall, or single wall tank with
secondary containment and under a canopy; and with electronic interstitial
monitoring for a double wall tank or electronic leakage monitoring for a single
wall tank secondary containment structure. These installations shall meet the
standard double wall tank or single wall tank secondary containment installation
requirements of s. Comm 10.260 and receive written approval from the
department of commerce or its designated Local Program Operator under s.
Comm 10.110. These requirements apply to tanks containing gasoline, diesel,
bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel,
burner fuel, lubricant, waste oil, or hazardous substances.
(8) One thousand feet between a well and land application of municipal,
commercial, or industrial waste; the boundaries of a land spreading facility for
spreading of petroleum-contaminated soil regulated under ch. NR 718 while
that facility is in operation; agricultural, industrial, commercial or municipal
waste water treatment plant treatment units, lagoons, or storage structures;
manure stacks or storage structures; POWTS dispersal component with a
design capacity of 12,000 gallons per day or more.
(9) Twelve hundred feet between a well and any solid waste storage,
transportation, transfer, incineration, air curtain destructor, processing, wood
burning, one time disposal or small demolition facility; sanitary landfill; any
property with residual groundwater contamination that exceeds ch. NR 140
enforcement standards; coal storage area; salt or deicing material storage area;
any single wall farm underground storage tank or single wall farm above ground
storage tank or other single wall underground storage tank or above ground
storage tank that has or has not received written approval from the department
of commerce or its designated Local Program Operator under s. Comm 10.110
for a single wall tank installation. These requirements apply to tanks containing
gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum
product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances;
and bulk pesticide or fertilizer handling or storage facilities.
13.04 PERMITTED USES BY RIGHT
All uses are permitted as per the underlying zoning districts in which they exist unless
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noted in Sections 13.03, 13.06, and 13.07 herein.
13.05 PERMITTED ACCESSORY USES
Any accessory use as permitted in the underlying basic district unless noted in Sections
13.03, 13.06, and 13.07 herein.
13.06 OWP PROHIBITED USES
The following uses are prohibited uses within the first 600 feet of a well site unless
prohibited by Section 13.03 or 13.06:
(1) Storage of ammunition
(2) Animal waste storage facilities
(3) Asphalt products manufacturing,
(4) Bulk fertilizer and pesticide storage facilities
(5) Hazardous and toxic materials storage and use
(6) Hazardous and toxic waste facilities
(7) Junk yards or auto salvage yards
(8) Landfills or waste disposal facilities
(9) Non municipal spray wastewater facilities
(10) Non municipal wastewater treatment facilities,
(11) Radioactive waste facilities
(12) Seepage and/or sludge spreading
(13) Waste Transfer Stations.
(14) Any other use that the Plan Commission finds will be similar in nature,
operation and function to incompatible uses within the district and may pose a
threat to groundwater quality.
13.07 USES PERMITTED BY CONDITIONAL GRANT
(1) Unless prohibited by Section 13.06, the following uses are permitted by
Conditional Use Grant within the first 600 feet of a well site unless prohibited
by Section 13.03 or 13.06:
(a) Bus or truck terminals,
(b) Dry cleaning facilities,
(c) Electroplating,
(d) Exterminating shops,
(e) Garage and vehicular towing,
(f) Gas stations,
(g) Paint and coating manufacturing,
(h) Printing shop,
(i) Public and municipal maintenance garages,
(j) Salt Storage,
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(k) Tire and battery services,
(l) Underground storage tanks,
(m)Vehicle repair establishments, including auto body repair.
(2) All requests shall be made in writing to the City of Muskego and shall
include a report assessing the potential for contamination of the public
water supply wells concerned.
(3) A copy of the assessment report shall be provided to the City of Muskego
for consideration and approval by the City of Muskego Plan Commission
or any other body of authority deemed necessary by the Plan
Commission.
(4) All other aspects of the submittal shall be in conformity with Section 14 of
this Chapter, Conditional Uses.
(5) Conditional Uses are not guaranteed, nor does a conditional use construe
that the use is prohibited, but in need of possible further Plan Commission
review and regulation requirements. Any uses similar are up to the
Planning Commission determination as to if a conditional use grant is
required. Planning Commission may deny such a use or put increased
requirements on a use that is believed to have the ability to affect a local
well in some way, presently or in the future. Expert reviews and
testimonies on the proposed use, soil types surrounding the wells, and/or
groundwater/watershed directions may be required for approvals.
13.08 REQUIREMENTS FOR EXISTING PROHIBITED FACILITIES
Requirements for existing facilities prohibited by Section 13.03 and 13.06 as listed
above are as follows:
(1) Facilities shall provide copies of all federal, state and local facility
operation approvals or certificate and on-going environmental monitoring
results to the City of Muskego.
(2) Facilities shall provide additional environmental or safety
structures/monitoring as deemed necessary by the City of Muskego, which
may include, but is not limited to, storm water runoff management and
monitoring.
(3) Facilities shall replace equipment or expand in a manner that improves the
existing environmental and safety technologies already in existence.
(4) Facilities shall have the responsibility of devising and filing a contact list
with the City of Muskego for the immediate notification of City of Muskego
officials in the event of an emergency.
(5) In the event the individual and/or facility causes the release of any
contaminants which endanger the District, the activity causing said release
shall immediately cease and a cleanup satisfactory to the City of Muskego
shall occur
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(6) The individual/facility shall be responsible for all costs of cleanup, City of
Muskego consultant fees at the invoice amount, plus administrative costs
for oversight, review and documentation.
(7) The City Utilities Board will keep an inventory of existing prohibited
facilities and conditional use granted facilities for annual review.
13.09 MAPPING
It is recognized that the actual Wellhead Protection Areas are ever-changing due to
parcel reconfigurations and building placements. The overlay area shall be recognized
on the City ‘s zoning maps by the location of the wells owned and maintained by the
City along with the circles noting the maximum 1,200-foot distance for the DNR and the
maximum 600-foot circles for the City. The map will further note that other land uses
and structure types are regulated by other distances inside the 600 and 1,200-foot
circles, which can be found in Section 13 of the City’s Zoning Code.
The prior mapping of wellhead protection areas is hereby repealed and recreated as set
forth in the zoning map, which is hereby adopted.
SECTION 2: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinance whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS ______ DAY OF ____________, 2009.
CITY OF MUSKEGO
_____________________________
John Johnson, Mayor
Deferred: 7/14/2009, 7/28/2009,
8/11/2009, 8/25/2009,
9/08/2009, 9/22/2009
ATTEST:
__________________________
Janice Moyer, Clerk
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