ORD1999980AMENDED COMMON COUNCIL- CITY OF MUSKEGO ORDINANCE #980 AN ORDINANCE TO AMEND CHAPTER 17, TO ADD SECTlON 9.11 AND AMEND SECTION 2.02 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Well Head Protection District) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA, WISCONSIN, DO ORDAlN AS FOLLOWS: SECTION 1. Chapter 17. Section 9.1 1 is hereby created to read as follows: 9.11 OWP OVERLAY WELLHEAD PROTECTION DISTRICT STATEMENT OF INTENT Through the Wisconsin Legislative Act 410 (effective May 1 I, 1984), and as the residents of the City of Muskego depend exclusively on groundwater for a safe drinking water supply, it is recognized that certain land use practices and activities can seriously threaten or degrade groundwater quality. The intent of this overlay district is to protect the City of Muskego's municipal water supply and well fields. The regulations specified by this district shall apply to all lands that lie within the five year Time of Travel (TOT) of each City of Muskego municipal well or 1,200 feet minimum, within the City of Muskego corporate limits, and have a well head protection area delineated in a Well Head Protection Plan accepted by the City. 9.11(1) Lot Size per underlying district 9.1 l(2) Density per underlying district 9.11(3) Building Location per underlying district but see 9.11(7)A E. & C. for additional locational requirements and restrictions. 9.1 l(4) Building Size per underlying district. 9.1 l(5) Open Space per underlying district 9.1 l(6) Height per underlying district 9.1 l(7) Permitted Uses A. Permitted Uses By Right Required horizontal separation distances between a well and the following land uses and facilities. 1 50 feet between a well and a storm sewer main 2. 200 feet between a well and any sanitary sewer main, lift station or single family residential fuel oil storage tank. A lesser separation distance may be Ordinmcc #OXO Pagc 2 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 AWWA 600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet. 3. 400 feet between a well and a septic tank receiving less than 8.000 gallons per day. a cemetery or a storm water detention or retention pond. 4. 600 feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Industry, Labor and Human Relations or its designated agent under s. ILHR IO.lO., Wisconsin Administrative Code 5. 1,000 feet between a well and outer limits of land used for the application of municipal, commercial or industrial waste; industrial, commercial or municipal wastewater lagoons or storage structures; and septic tanks or soil absorption units receiving 8,000 gallons of wastewater per day or more. 6. transfer. incineration. air curtain destructor, processing, one time disposal or small 1.200 feet between a well and any solid waste storage. transportation, demolition facility; sanitary landfill; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the Wisconsin Department of Industry, Labor and Human Relations or its designated agent under s ILHR 10.10; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities. 7 In addition. lands within the calculated Well Head Protection Area for each well are subject to the following permitted and prohibited zones: a. Permitted Uses. The following land uses are permitted uses within both the Primary and Secondary Well Head Protection Area if first permitted by the underlying zoning district. and not prohibited under 17:9.11(7)A.7.b.or 17:9.11(7)A.7.c. (I) Parks, provided there are no on-site waste disposal or fuel oil storage tank facilities associated within such use, (2) Playgrounds. (3) Wildlife areas, (4) Non motorized trails. such as biking. skiing, nature and fitness trails. 0 0 (5) Residential uses, (6) Agricultural activities (see prohibited uses 17-9.1 1 (7)A.7.b. or 17.9.1 1(7)A.7.c.) (7) Commercial' and industrial uses, except those listed as prohibited below. b. Primaw Zone Prohibited Uses. The following uses are prohibited uses within the Primary Well Head Protection Area: Animal waste storage facilities, Asphalt products manufacturing, Bulk fertilizer and pesticide storage facilities, Bus or truck terminals. Dry cleaning facilities. Electroplating, Exterminating shops, Garage and vehicular towing, Page 3 Gas stations. Hazardous and toxic materials storage and use, Hazardous and toxic waste facilities, Junk yards or auto salvage yards, Landfills or waste disposal facilities, Non municipal spray wastewater facilities. Non municipal wastewater treatment facilities, Paint and coating manufacturing, Printing shop, Public and municipal maintenance garages, Radioactive waste facilities, Salt Storage, Tire and battery services, Seepage and/or sludge spreading. Vehicle repair establishments, including auto body repair, Underground storage tanks, Waste Transfer Stations. 0 e e C. prohibited uses within the Secondary Well Head Protection Area. Secondary Zone Prohibited Uses. The following uses are (I) Animal waste storage facilities, (2) Bulk fertilizer, (3) Garage and vehicular towing. (4) Gas stations, (5) underground storage tanks, (6) Vehicle repair establishments, including auto body repair and, (7) Landfills or waste disposal facilities. 8. Requirements for existing facilities prohibited by Sec. I7 9.1 1 (7) A. 7 b. and c. as listed above are as follows: a. 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 b. Facilities shall provide additional environmental or safety sttuctures/monitoring as deemed necessary by the City of Muskego, which may include, but is not limited to, stormwater runoff management and monitoring. C Facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence. d. 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. e. 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 Ordimlncc #9XO Page 4 f. The individualifacility 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. B. Permitted Accessory Uses 1 otherwise prohibited by 17:9. I1(7)A.7.b or 17-9. I1(7)A.7.c. Any accessory use as permitted in the underlying basic district unless C. Permitted Uses By Conditional Grant 1 By Conditional Use Grant, if the use is not expressly prohibited by request the City of Muskego permit other land uses in the Well Head 17.9.1 1(7)A.7.b or 17.9.1 1(7)A.7.c., individuals and/or facilities may district. Protection Area. or any conditional uses permitted in the basic underlying a. 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. b. 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. c. All other aspects of the submittal shall be in conformity with 17-6.03 Conditional Uses. SECTION 2: Chapter 17. Section 2.02 is hereby amended to add the following: 2.02 SPECIFIC WORDS AND PHRASES (13.5) Facility: Something created. built. installed, or established to serve a particular purpose (14.5) Five Year Time of Travel (TOT): The area upgradient of a pumping well from the outer boundary of which it is determined or estimated that groundwater and potential contaminants will take five years to reach the pumping well. (4 I .5) Primary Well Head Protection Area: Defined to include the area as calculated in Part 3 of the Well Head Protection Plan for each well. More stringent permitted uses in this zone. (48.5) Secondary Well Head Protection Area. Defined to include the area as calculated in Part 3 of the Well Head Protection Plan for each well. Less stringent permitted uses in this zone. (69.5) Underground Storage Tank: A tank and any underground piping connected to the tank which has at least IO percent of its combined volume underground. (73 5) Well Field. A piece of land used primarily for the purpose of locating wells to supply a 1 municipal water system. L - ,* - Ordinancc #980 SECTION 3. 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. >- . "4 , Pagc 2 SECTlON 4: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS 23'd DAY OF MARCH . 1999 First Reading 2/9/99 Deferred 2/23/99 & 3/09/99 ATTEST. K 1"/7& CIA-Treasurer Published the I" day of v 2199jmb April. 1999 Official Notice I COMMON COLINCIL . CITY OF MUSKEGO ORDINANCE *980 AN ORDINANCE M AMEND CHAPTER 17, TO ADD SEClTON 8.11 AND AMEND SECTION 2.02 OF THE MUNICIPAL CODE ~IENDED OF THE CITY OF rwI1smr.n THE COMMON COUNCIL OF THE CITY OF (Well Head Protection District) MUSKEGO. WAUKESHA WISCONSIN, DO ORDAlN AS FOLLOWS. ~~ ~ ~ ~ ~~" created to read as follows: TION DISTRICT SECTlON 1.- Chapter 17, Section 9.11 is hereby 9.11 OWP OVERLAY WELLHEAD PROTEC. STATEMENT OF INTENT (effective May 11. 19841. and BB the residents ofthe Through the Wisconsm ~~~i~~~ti~~ ~~t 410 City of Muskego depend exclusively On gmundws. that certain land use practices and Can ter for a safe drinking water supply, it ia,recognired ~ ___ The intent of this overlay dlstrict is to protect the seriously threaten or degrade groundwater quality. City of Muskega'e municipal water supply and well fields. apply to all lands that lie within the five year Time The regulations specified by this district shall of 'kavel (TOT) of each City of Muskego municipal well or 1.200 feet minimum. within the City of protection ares delineated in a Well Head Protee- Muskego corporate limits, and have a well head tion Plan accepted by the City. 9.11 I11 Lot Sire per underlying district. 9.11121 Densnly per underlying district. but see 9.1117)A B. & C. for additional locations1 9.11131 Building Location per underlying district requirements and restrictions. 9.1114) Building Sire per underlying district. 9.11(51 Open Space per underlslng district. 9.11l61 Height per underlpng district. 9.11171 Permitted Ueer A. permitted Uses By Right Required horizontal segaration distances between B well and the 'following land uses and main. 1. 50 feet between a well and a storm sewer sewer main. lifl station or single family residential 2. 200 feet between a well and my sanitary fuel oil storage tank A lesser separation distance 1 sanitary. eewer main is constructed d water main may be allowed for sanitary sewer mains wheh the materials and joints and pressure tested in place to meet current AWWA 600 specrficalions. In DO ease may the separation distance between a well end a sanitary sewer main be less than 50 feet. receiving less than 8,000 gallons per day. B ceme. 3. 400 feet between e well and a septic tank lery or B storm water detention or retention pond. 4. 600 feet between B well and any gasoline or fuel oil storage tank installation that has received written appmval from the Wiaconsin Department of Industry. Labor and Human Reletiom or it8 des. Administrative Code. ignaled agent under s. ILHR 10.10,. Wisconsin 5. 1,000 feet between a well and outer limits of land used for the application of municipal. commer- cia1 or industrial waste. industrial. commercial or municipal wastewater lagoons or storage BITYC- tures? and septic tanks or so1 receiving 8,000 gal- lons of wastewater per day or more. 6. 1,200 feet between a well and any did waste storage. transportation. transfer. incineration. air curtain destructor. processing, one time disposal or small demolition facility, sanitary landfill. salt or deicing material storage area-. gasoline or fuel oil storage tanks that have not received written approval from the Wisconsin Department of Indus- try. Labor and Human Relations or its designated agent under 8. ILHR 10.10: bulk fuel storage faeili- ties. and pesticide or fertilizer handling or storage facilities. Head Protection Area for each well M subject to 7. In addition. lands within the calculated Well the following permitted and prohibited zones: permitted uses within both the Primary and Sec- a. Permitted Uses. The following land we8 BR ondary Well Head Protection Area if first permitted ed under 179.II(7lA.7.b. or 179.11l7lA.7.e. by the underlying zoning district. and npt pmhibit- (11 Psrb. provided there are no on-site waete disposal or &el oil storage tank facilities cmmiated within such me. facilities. I21 Plsygmunds, (31 Wildlife areas. I41 Non molonred traits. such as bhg, skiing, nature Bnd fimcsa trails. I51 Residential "#ea, I61 Agricultural aetivitiea (see prohibited uses 17:9.11 (71A7.b. or 179.11l7)A.7.e.l listed as prohibited below. I71 Commercial and industrial urns. except those YS~S are prohibited usee within the Primary Well b. Primary Zone Prohibited USCB. The following Head Protection Area. 111 hunal waste storage IaciLtieB. (21 Asp a mducts manufacturing. I31 Bu &?lizer and pesticide storage facilities. I41 Bus or tiuik terminals, I51 Dry clemg facilities. I61 Electroplating. (7) Exterminating shops. I81 Garage and vehicular lowing. I91 Gae stations. (10) Hazardous and toxic materials storage and (111 Hazardous and toxic waste faeilitiee, 112) Junk yards or auto salvage yards. (13) Landfills or waste disposal facilities. (14) Non municipal spray wastewater facilities. (15) Non municipal wartezater treatment faacili I161 Paint and costing manUfsctuMg, I171 Printing shop. 118) Public and municipal maintenance garages. 119) Radioactive hstefacdities. (20) Salt Storage 1211 Seepage andlor sludge spreading, 123) Underground storage tanks, I221 Tire and battery services. (241 Vehicle repair establishments. including 125) Waste Transfer Stations. C. Secondan Zone Prohibited Uses. The follow- ing uses are prohibited uses within the Secondary Well Head Protection Area: "Be, ties, auto body repair, and (1) Animal waste storage facilities, (5) Underground storage tanks, 16) Vehicle repair estabhrhmentr. including auto I71 Landfills or waste disposal facilities. hv Sec 17911 171 A. 7. b. and C. as listed above are 8. Requirements for existing facilities prohibited body repair and, mental or safety struduredmonitoriW as deemed necessary by the City of Muskego. which may include, but is not limited to. stormwater runofl management and monitoring. e. Facilities shall replace equipment or expand in maanel that impmves the eloeting environmen- tal and safety technologies already in existence. devising and filing B contact list with the City of d. Facilities shall have the responsibility of Muskego for the immediate notification of City Of Muskego oflicials in the event of an emergency. causes the release of any contaminants which e. In the event the individual andlor facility endanger the District. the activity causing said shall immediately cease and a cleanup sal. isfactory to the city of Muskego shall occur r:The individudfacility shall be responsible for costs cleanup. City of builiego mnsultaot casts for oversight, review and documentation. fees. at the invoice amount. plus administrative ~~ E. Permitted Accessory Uses lying basic district uoless otherwise prohibited by 1. hy accessory use as permitted h?he under- 17.9.11(7)A.7.bor 17:9.11l7)A.I.c- C. Permxtted Uses By Conditional Grant expredy prohibited by 17:9.11VIA.7.b Or 1. By Conditional Use Grant. if the u8e is not 17-9.11(7)A.7.e., individuals andlor facilities may request the City of Muskego permit other land uses in the Well Head Protection Area. or any condition- al permitted in the basic underlying district. City of Muskego and shall include a report assees- a. All requests shall be made in writing to the ing the potential for contamination of the public water supply wells concerned. "ided to the City of Muskego for consideration and b. A copy afthe assessment report shall be Pro. approvgl by the city of Muskego Plan Commission or any other body of authority deemed necessary by the Man Commission. conformity with 17603 Conditional Uses. amended to add the following: C. All other aspects of the submittal shall be in SECTION 2- Chapter 17, Section 2.02 is hereby installed. or established to serve a particular pur- (13.5) Facility: Something created. built. 2.02 SPEClFIC WORDS AND PHRASES pose. (14.5) Five Year Time of Travel ITOTI: The area upgradient of a pumping well From the outer boundary of which it is determined or estimated that groundwater and potential contaminants Will take five years to reach the pumping well. nofind tn indude the area as calculated in Part 3 (41.5) Primary Well Head Pratestion Area: . .. . .. cion. MARCH, 1999. PASSED AND APPROVED THIS 23rd DAY OF CITY OF MIJSKEGO ATTEST C1erk"Reasun COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #980 AN ORDINANCE TO AMEND CHAPTER 17, TO ADD SECTION 9.11 AND AMEND SECTION 2.02 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Well Head Protection District) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 17, Section 9.11 is hereby created to read as follows: 9.11 OWP OVERLAY WELLHEAD PROTECTION DISTRICT STATEMENT OF INTENT Through the Wisconsin Legislative Act 410 (effective May 11, 1984), and as the residents of the City of Muskego depend exclusively on groundwater for a safe drinking water supply, it is recognized that certain land use practices and activities can seriously threaten or degrade groundwater quality. The intent of this overlay district is to protect the City of Muskego's municipal water supply and well fields. The regulations specified by this district shall apply to all lands that lie within the five year Time of Travel (TOT) of each City of Muskego municipal well or 1,200 feet minimum, within the City of Muskego corporate limits, and have a well head protection area delineated in a Well Head Protection Plan accepted by the City. 9.11(1) Lot Size per underlying district. 9.11(2) Density per underlying district. 9.11(3) Building Location per underlying district but see 9.11(7)A. B. & C. for additional locational requirements and restrictions. 9.11(4) Building Size per underlying district. 9.11(5) Open Space per underlying district. 9.11(6) Height per underlying district 9.11(7) Permitted Uses A. Permitted Uses By Right Required horizontal separation distances between a well and the following land uses and facilities. 1 50 feet between a well and a storm sewer main. 2. 200 feet between a well and any sanitary sewer main, lift station or he1 oil storage 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 AWWA 600 specifications. In J Ordinance #980 Page Z no case may the separation distance between a well and a sanitary sewer main be less than 50 feet. 3. 400 feet between a well and a septic tank receiving less than 8,000 gallons 6 per day, a cemetery or a storm water detention or retention pond. 4. 600 feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Industry, Labor and Human Relations or its designated agent under s. ILHR 10.10., Wisconsin Administrative Code. 5. 1,000 feet between a well and outer limits of land used for the application of municipal, commercial or industrial waste; industrial, commercial or municipal receiving 8,000 gallons of wastewater per day or more. wastewater lagoons or storage structures; and septic tanks or soil absorption units 6. 1,200 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; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the agent under s. ILHR 10.10; bulk fuel storage facilities; and pesticide or fertilizer Wisconsin Department of Industry, Labor and Human Relations or its designated handling or storage facilities. 7 In addition, lands within the calculated Well Head Protection Area for each well are subject to the following permitted and prohibited zones: a. Permitted Uses. The following land uses are permitted uses within both the Primary and Secondary Well Head Protection Area if first 0 permitted by the underlying zoning district, and not prohibited under 17:9.11(7)A.7.b.or 17:9.11(7)A.7.c. (1) Parks, provided there are no on-site waste disposal or fuel oil storage tank facilities associated within such use, (2) Playgrounds, (3) Wildlife areas, (4) Non motorized trails, such as biking, skiing, nature and biness trails, (5) Residential uses. (6j Agricultural activities (see prohibited uses 17:9.11 (7)A.7.b. or 17:9.11(7)A.7.c.) (7) Commercial and industrial uses, except those listed as prohibited below, b. Primary Zone Prohibited Uses. The following uses are prohibited uses within the Primary Well Head Protection Area: (I) Animal waste storage facilities, (2) Asphalt products manufacturing, (3) Bulk fertilizer and pesticide storage facilities, (4) Bus or truck terminals, (5) Dry cleaning facilities, (6) Electroplating, (7) Exterminating shops, (8) Garage and vehicular towing, (9) Gas stations, (1 0) Hazardous and toxic materials storage and use, i Ordinance #980 Page 3 0 (1 I) Hazardous and toxic waste facilities, (1 2) Junk yards or auto salvage yards, (13) Landfills or waste disposal facilities, (14) Non municipal spray wastewater facilities, (15) Non municipal wastewater treatment facilities, (16) Paint and coating manufacturing, (17) Printing shop, (1 8) Public and municipal maintenance garages, (19) Radioactive waste facilities, (20) Salt Storage, (21) Seepage and/or sludge spreading, (22) Tire and battery services, (23) Underground storage tanks, (24) Vehicle repair establishments, including auto body repair, and (25) Waste Transfer Stations. C. Secondarv Zone Prohibited Uses. The following uses are prohibited uses within the Secondary Well Head Protection Area: (1) Animal waste storage facilities, (2) Bulk fertilizer, (3) Garage and vehicular towing, (4) Gas stations, (5) Underground storage tanks, (6) Vehicle repair establishments, including auto body repair (7) Landfills or waste disposal facilities. and, 8. Requirements for existing facilities are as follows: a. Facilities shall provide copies of all federal, state and local facility monitoring results to the City of Muskego. operation approvals or certificate and on-going environmental b. Facilities shall provide additional environmental or safety structureshonitoring as deemed necessary by the City of Muskego, which may include, but is not limited to, stormwater runoff management and monitoring. c. Facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence. d. 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. e. 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 f. The individuaVfacility shall be responsible for all costs of cleanup, City of Muskego consultant fees at the invoice amount, PIUS administrative costs for oversight, review and documentation. Ordinance #980 Page 4 i B. Permitted Accessory Uses 1, Any accessory use as permitted in the underlying basic district unless c otherwise prohibited by 17:9.11(7)A.7.b or 17:9.11(7)A.7.c. C. Permitted Uses By Conditional Grant 1, By Conditional Use Grant, if the use is not expressly pibhibited by request the City of Muskego permit other land uses in the Well Head 17:9.11(7)A.7.b or 17:9.11(7)A.7.c., individuals andor facilities may Protection Area, or any conditional uses permitted in the basic underlying district. a. 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. b. A copy of the assessment report shall be provided to the City of Commission or any other body of authority deemed necessary by the Muskego for consideration and approval by the City of Muskego Plan Plan Commission. c. All other aspects of the submittal shall be in conformity with 17:6.03 Conditional Uses. SECTION 2: Chapter 17, Section 2.02 is hereby amended to add the following: 2.02 SPECIFIC WORDS AND PHRASES (13.5) Facility: Something created, built, installed, or established to serve a particular purpose (14.5) Five Year Time of Travel (TOT): The area upgradient of a pumping well from the outer boundary of which it is determined or estimated that groundwater and potential contaminants will take five years to reach the pumping well. (41.5) Primary Well Head Protection Area: Defined to include the area as calculated in Part 3 of the Well Head Protection Plan for each well. More stringent permitted uses in this zone. (48.5) Secondary Well Head Protection Area: Defined to include the area as calculated in Part 3 of the Well Head Protection Plan for each well. Less stringent permitted uses in this zone. (69.5) Underground Storage Tank: A tank and any underground piping connected to the tank which has at least IO percent of its combined volume underground. (73.5) Well Field: A piece of land used primarily for the purpose of locating wells to supply a i. Ordinance #980 Page 5 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 4: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS __ DAY OF , 1999, CITY OF MUSKEG0 David L. De Angelis, Mayor First Reading 2/9/99 Deferred 2/23/99 & 3/09/99 0 ATTEST Clerk-Treasurer Published the day of 2/99jmb , 1999 MEMO PLANNING DEPARTMENT CITY OF MUSKEG0 To: Scott Kloskowski, Utility Superintendent cc: Mayor DeAngelis Dustin Wolff, Planning Assistant Jean Marenda, ClerWreasurer Jill Blinski, Deputy Clerk Treasur Director of Planning p From: Matthew G. Sadowski, AlCP Date: March 10, 1999 RE: OWP Overlay Wellhead Protection Ordinance H*t-*fmt*HH-ttft~*.H*"***-**t**""~*t-~*" I have made changes as requested by the Common Council on 3/9/99, and after appear in bold underlined text. The file containing this most recent version of the ordinance can be found in: CiNhall\Planning\Ordinances\Wellhead\WellheadOrd3 consultation with Steve Smith of R&M regarding fuel oil storage tanks. The changes A hard copy of this updated version is attached Steve Smith staled that the basis for the distanceheparation requirements is found in NR 81 1 16.4.d. Wellhe;ldOrd3 (3/10/99) Page I 9.11 OWP OVERLAY WELLHEAD PROTECTION DlSTRlCT STATEMENT OF INTENT Through the Wisconsin Legislative Act 410 (effective May I I, 1984), and as the residents of the City of Muskego depend exclusively on groundwater for a safe drinking water supply, it is recognized that certain land use practices and activities district is to protect the City of Muskego's municipal water supply and well fields. can seriously threaten or degrade groundwater quality. The intent of this overlay The regulations specified by this district shall apply to all lands that lie within the five year Time of Travel (TOT) of each City of Muskego municipal well or 1,200 feet minimum, within the City of Muskego corporate limits, and have a well head protection area delineated in a Well Head Protection Plan accepted by the City. 9.1 l(1) Lot Size per underlying district 9.11(2) Density per underlying district 9.11(3) Building Location per underlying district but see 9.1 l(7)A. B. & C. for additional locational requirements and restrictions. 9.11(4) Building Size per underlying district 9.1 l(5) Open Space per underlying district 9.1 l(6) Height per underlying district 9.1 l(7) Permitted Uses A. Permitted Uses By hght Required horizontal separation distances between a well and the following land uses and facilities. 1 50 feet between a well and a storm sewer main 2. 200 feet between a well and any sanitary sewer main, lift station or sinele family residential fuel oil storage 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 AWWA 600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet. 3. 400 feet between a well and a septic tank receiving less than 8,000 gallons per day, a cemetery or a storm water detention or retention pond. 4. 600 feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Industry, Labor and Human Relations or its designated agent under s. ILHR 10.10.. Wisconsin Administrative Code. Welll1cadOrd3 (3/10/99) Page 2 0 5. 1,000 feet between a well and outer limits of land used for the application of municipal, commercial or industrial waste; industrial, commercial or municipal wastewater lagoons or storage structures; and septic tanks or soil absorption units receiving 8,000 gallons of wastewater per day or more. 6. transportation, transfer, incineration, air curtain destructor, processing, one 1,200 feet between a well and any solid waste storage, time disposal or small demolition facility; sanitary landfill; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the Wisconsin Department of Industry, bulk fuel storage facilities; and pesticide or fertilizer handling or storage Labor and Human Relations or its designated agent under s. ILHR 10.10; facilities. 7 In addition, lands within the calculated Well Head Protection Area for each well are subject to the following permitted and prohibited zones: a. Permitted Uses. The following land uses are permitted uses within both the Primary and Secondary Well Head Protection Area if first permitted by the underlying zoning district, and not prohibited under 17:9.11(7)A.7.b. or 17.9.11(7)A.7.c. (I) Parks, provided there are no on-site waste disposal or fuel oil storage tank facilities associated within such use, (2) Playgrounds, (3) Wildlife areas, (4) Non motorized trails, such as biking, skiing, nature and fitness trails, (5) Residential uses, (6) Agricultural activities (see prohibited uses I7:9. I I (7)A.7.b. or 17.9.1 1(7)A.7.c.) (7) Commercial and industrial uses, except those listed as prohibited below, b. Primw Zone Prohibited Uses. The following uses are prohibited uses within the Primary Well Head Protection Area: i4i i9i Animal waste storage facilities, Asphalt products manufacturing, Bulk fertilizer and pesticide storage facilities, Bus or truck terminals, Dry cleaning facilities, Electroplating, Exterminating shops, Garage and vehicular towing, Gas stations, Hazardous and toxic materials storage and use, Hazardous and toxic waste facilities, Junk yards or auto salvage yards, Landfills or waste disposal facilities, Non municipal spray wastewater facilities, Non municipal wastewater treatment facilities, Paint and coating manufacturing, WellheadOrd3 (3/10/99) Page 3 (I 7) Printing shop, (1 9) Radioactive waste facilities, (1 8) Public and municipal maintenance garages, (20) Salt Storage, (2 I) Seepage andor sludge spreading, (23) Underground storage tanks, (22) Tire and battery services, (24) Vehicle repair establishments, including auto body repair, and (25) Waste Transfer Stations. c. Secondarv Zone Prohibited Uses. The following uses are prohibited uses within the Secondary Well Head Protection Area: (1) Animal waste storage facilities, (2) Bulk fertilizer, (3) Garage and vehicular towing, (4) Gas stations, (5) Underground storage tanks, (6) Vehicle repair establishments, including auto body repair and, (7) Landfills or waste disposal facilities. 8. Requirements for existing facilities prohibited bv Sec 17:9.11 (7) A.7.b. & c. as listed above are as follows: a. 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. b. Facilities shall provide additional environmental or safety structuredmonitoring as deemed necessary by the City of Muskego, which may include, but is not limited to, stormwater runoff management and monitoring. c. Facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence. d. 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. e. 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 f. The individuaVfacility shall be responsible for all costs of cleanup, City of Muskego consultant fees at the invoice documentation. amount, plus administrative costs for oversight, review and WcllhcadOrd3 (3/10199) Page 1 B. Permitted Accessory Uses 1 unless otherwise prohibited by 17:9.11(7)A.7.b or 17.9.11(7)A.7.c. Any accessory use as permitted in the underlying basic district C. Permitted Uses By Conditional Grant 1 By Conditional Use Grant, if the use is not expressly prohibited by 17:9.1 1(7)A.7.b or 17:9.11(7)A.7.c., individuals and/or facilities may request the City of Muskego permit other land uses in the Well Head Protection Area, or any conditional uses permitted in the basic underlying district. a. 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. b. 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. c. All other aspects of the submittal shall be in conformity with I7:6.03 Conditional Uses. THE FOLLOWING DEFINITIONS ARE TO BE INSERTED AT THE APPROPRIATE LOCATIONS IN 17:2.02 DEFINITIONS; SPECIFIC WORDS AND PHRASES. Facility. Something created, built, installed, or established to serve a particular purpose. Five Year Time of Travel (TOT). The area upgradient of a pumping well from the outer boundary of which it is determined or estimated that groundwater and potential contaminants will take five years to reach the pumping well. Primarv Well Head Protection Area. Defined to include the area as calculated in Part 3 of the Well Head Protection Plan for each well. More stringent permitted uses in this zone. Secondarv Well Head Protection Area. Defined to include the area as calculated in Part 3 of the Well Head Protection Plan for each well. Less stringent permitted uses in this zone. Underwound Storage Tank. A tank and any underground piping connected to the tank which has at least IO percent of its combined volume underground. Well Field. A piece of land used primarily for the purpose of locating wells to supply a municipal water system.