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Chapter 18. General Zoning Ordinance

Sec. 18-94. Wellhead Protection Overlay District

(1) Purpose and Authority

(a) Purpose. The residents of the City of Marshfield 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 this Wellhead Protection Overlay District is to institute land use regulations and restrictions to protect the City's municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the City of Marshfield.

(b) Authority. Statutory authority to enact these regulations is established in Wis. Stat. s. 62.23(7)(c), which grants the City of Marshfield the authority to enact zoning regulations for the protection of groundwater resources.

(2) Application of Regulations. The regulations specified in this Section shall apply to the incorporated areas of the City of Marshfield and extraterritorial areas of intergovernmental agreements that lie within the Wellhead Protection Area. The regulations of this Section are in addition to the requirements in the underlying zoning district. If there is a conflict between this Overlay District and the underlying zoning district, the more restrictive provision shall apply.

(3) Definitions. As used in this section, the following terms shall have the following meanings:

(a) Existing Facilities. Current facilities and uses which may cause or threaten to cause environmental contamination within the Wellhead Protection Area. Existing facilities include but are not limited to the type listed in the Department of Natural Resources Form 3300-215, Public Water Supply Potential Contaminant Use Inventory.

(b) Well Field. A piece of land used primarily for the purpose of locating wells to supply a municipal water system.

(c) Wellhead Protection Area. Multiple areas lying both within and outside the incorporated areas of the City of Marshfield and within a 1,200-foot radius of each municipal well of the City of Marshfield.

(4) District Boundaries. The Wellhead Protection Overlay District shall include the Wellhead Protection Area as defined in this Section. The location and boundaries of the District are set forth on the City of Marshfield Well Head Protection Areas Map, on file in the offices of the Marshfield Utilities Water Superintendent and Planning and Economic Development Department, electronically stored in the Marshfield Geographic Information System (GIS), and adopted herein by reference.

(5) Separation Distance Requirements. The following minimum Separation Distances, as specified in Section NR 811.16(4)(d), Wis. Adm. Code, shall be maintained in the Wellhead Protection Overlay District between the well and certain land uses and facilities as follows:

(a) 60 feet between the well and any storm sewer main.

(b) 200 feet between the well and any sanitary sewer main, sanitary sewer manhole, lift station or single family residential fuel oil tank. A lesser separation distance may be allowed for sanitary sewer main where the sanitary sewer main is constructed of water main materials and joints and pressure tested in place to meet the then current American Water Works Association C600 specification. In no case may the separation distance between the well and any sanitary sewer be less than 60 feet.

(c) 400 feet between the well and any septic tank or soil adsorption system receiving less than 8,000 gallons per day, a cemetery or storm water drainage pond.

(d) 600 feet between the well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Commerce or its designated agent under s. Comm. 10.10.

(e) 1,000 feet between the 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 Wisconsin Department of Natural Resources ch. NR 718 while that facility is in operation; industrial commercial or municipal waste water lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil adsorption systems receiving 8,000 gallons per day or more.

(f) 1,200 feet between the 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 Wisconsin Department of Natural Resources ch. NR 140 enforcement standards that is shown on the department's geographic information system stem registry of closed remediation sites; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tank installations that have not received written approval from the Wisconsin Department of Commerce or its designated agent under s. Comm. 10.10; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

(6) Administration.

(a) Applications. Requests for approval to undertake development in the Overlay District are subject to procedures outlined in Article X and shall be submitted in writing to the City of Marshfield Zoning Administrator. The Zoning Administrator shall determine if the proposed use is located within the Wellhead Protection Overlay and render a determination on use and decision on the permit.

(b) Classification of Use. In case of a question as to the classification of a proposed use by the Zoning Administrator, the application shall be forwarded to the City of Marshfield Utilities Commission. The Commission may require additional information as deemed necessary for a determination. The Utility shall determine the use as being permitted or prohibited according to the Separation Distances set forth in this Section. The determination of the City of Marshfield Utilities Commission shall be rendered in writing within 60 days of any request for approval, provided however, that this 60 day period of limitation may be extended by the City of Marshfield Utilities Commission for "good cause," as determined in the sole and absolute discretion of the City of Marshfield Utilities Commission.

(7) Appeals. Appeals of Decision to this Section to the Zoning Board of Appeals shall be taken pursuant to procedures outlined in Section 18-170.

(8) Nonconforming Structures and Uses. The existing use of the land, structure or building or its accessory use which is not in conformity with the provisions of this section may be continued subject to the following:

(a) No modifications or additions to a nonconforming structure or use shall be permitted unless they are made in conformity with the provisions of this section. For the purposes of this section, the words "modification" and "addition" shall include, but not be limited to, any alteration, addition, modification, rebuilding or replacement of any such existing structure or accessory use.

(b) Ordinary maintenance repairs are not considered structural repairs, modifications or additions (ordinary maintenance repairs include internal and external painting, decorating, paneling and the replacement of doors, windows and other nonstructural components).

(c) If a nonconforming use is discontinued for 12 consecutive months, any future use of that lands structure or building shall conform to the appropriate provisions of this ordinance.

(9) Requirements for Existing Facilities within Wellhead Protection Areas.

(a) Owners shall provide copies of all federal, state and local facility operation approvals or certificates and on-going environmental monitoring results to the Marshfield Water Utility.

(b) Owners shall provide additional environmental or safety structure/monitoring as deemed necessary by the Marshfield Water Utility, which may include (but is not limited to) storm water runoff management and monitoring.

(c) Owners shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

(d) Owners shall have the responsibility of devising and filing a method approved by the Water Utility for the immediate notification of Marshfield Water Utility officials in the event of an emergency.

(e) In the event of any release of any contaminants which endanger any well, the activity causing said release shall immediately cease and a cleanup by the owner, satisfactory to the Marshfield Water Utility shall occur.

(f) The owner shall be responsible for all costs of cleanup, including Marshfield Water Utility consultant and inspection fees at the invoice amount, plus administrative costs for oversight, review and documentation.

(10) Enforcement and Penalties.

(a) It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this Section. In case of any violation, the City of Marshfield may institute appropriate action or proceedings to enjoin a violation of this ordinance.

(b) Any person, firm or corporation who fails to comply with the provisions of this ordinance shall, upon conviction thereof, be subject to a penalty as provided in Section 1-05 of the Municipal Code.