City of Bayfield _ Code of Ordinances

[HISTORY: Adopted by the Common Council of the City of Bayfield 4-1-1992 (§§ 13-3-1 through 13-3-7 of the 1992 Code of Ordinances). Amendments noted where applicable.]

A. Residents in the City of Bayfield 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 chapter is to institute land use regulations and restrictions to protect the City's municipal water supply and well fields, and to promote the health, safety and general welfare of the residents of the City of Bayfield.

B. Statutory authority of the City to enact these regulations was established by the Wisconsin Legislature in § 62.23(7)(a) and (c), Wis. Stats. Under these statutes, the City has the authority to enact this chapter, effective in the incorporated areas of the City, for the protection of groundwater resources.

There is hereby established a Groundwater Protection Overlay District consisting of that land area within the City's corporate limits which is within 1,200 feet of either of the City's two wells. The boundaries of the district are shown on the map codified as § 489-7.

A. Separation distances. The following minimum separation distances shall be maintained within the Groundwater Protection Overlay District:

(2) 200 feet between a well and any sanitary sewer main, lift station or 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 American Waterworks Association (AWWA) 600 specifications. In no case may the separation distance between a well and sanitary sewer main be less than 50 feet. NOTE: Current AWWA 600 specifications are available for inspection at the office of the Wisconsin Department of Natural Resources.

(3) 400 feet between a well and a septic tank or soil absorption system receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage 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 Commerce (hereafter "Commerce") or its designated agent under § Comm 10.10, Wis. Adm. Code.

(5) 1,000 feet between a well and land application of municipal, commercial or industrial water; industrial, commercial or municipal wastewater lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil absorption units receiving 8,000 gallons per day or more.

(6) 1,200 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; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from Commerce or its designated agent under § Comm 10.10, Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

B. Three overlay district zones. The Groundwater Protection Overlay District shall be divided into zones (shown on the map codified as § 489-7) as follows:

(1) Zone A, consisting of all those lands within 200 feet of either of the City's wells.

(2) Zone B, consisting of all those lands more than 200 feet but less than 600 feet from either of the City's wells.

(3) Zone C, consisting of all those lands more than 600 feet but less than 1,200 feet from either of the City's wells.

(a) Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.

(e) Residential storage use, which is municipally sewered, and free of underground storage tanks.

(b) Gardening and horticultural activities, which are free of pesticides and synthetic fertilizers.

(b) All uses permitted as conditional uses in the R-1 Zoning District which have been approved pursuant to § 489-5.

A. Any application for a conditional use on land within Zone C shall, in addition to other applicable procedural requirements, be referred to the Public Works Committee, which shall make its recommendation thereon to the Plan Commission prior to the Plan Commission's consideration of the application.

B. In formulating its recommendation, the Public Works Committee shall consider all of the following factors:

(1) The City's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.

(2) The degree to which the proposed land use practice, activity or facility may threaten or degrade groundwater quality in the City of Bayfield.

(3) The economic hardship which may be faced by the landowner if the application is denied.

(4) The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.

(5) The proximity of the applicant's property to other potential sources of contamination.

(6) The then-existing condition of the City's groundwater public water wells and well fields, and the vulnerability to further contamination.

(7) The direction of flow of groundwater and other factors in the area of the applicant's property, which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.

(8) Any other pertinent hydrogeological data or information, which is available from any public or private agency or organization.

(9) The potential benefit, both economic and social, from the approval of the applicant's request for a permit.

C. In determining whether to approve a conditional use subject to this section, the Plan Commission shall consider the Public Works Committee's recommendation and the factors listed in Subsection B in determining whether the conditions set forth in § 500-35 of Chapter 500, Zoning, are present. If the Plan Commission approves the conditional use and such approval is consistent with the Public Works Committee's recommendations, the Zoning Administrator shall proceed to issue a conditional use permit. If, however, the Plan Commission approves a conditional use contrary to the Public Works Committee's recommendations, a conditional use permit shall not be issued unless approved by the Common Council, whose decision shall be final and not subject to appeal to the Zoning Board of Appeals, notwithstanding any other provision of Chapter 500, Zoning, of the Code of the City of Bayfield.

D. The applicant shall be solely responsible for any and all costs associated with the application or compliance with conditions of a conditional use permit issued pursuant thereto, including the following:

(2) The cost of groundwater monitoring or groundwater wells if required by the City.

(3) The costs of City's employees' time associated with application based on an hourly rate paid to the employees.

A. Cleanup costs. In the event of a release of any contaminants which endanger the groundwater in the Groundwater Protection Overlay District, the person causing or allowing said release shall immediately terminate and provide cleanup satisfactory to the City, and shall be responsible for all costs of cleanup, including the following:

(1) The cost of employees' time associated with the cleanup based on an hourly rate paid to the employees.

B. Test monitoring. Following any such release, the City may require additional test monitoring or other requirements it determines to be needed, the cost of which shall also be borne by the person responsible for the discharge.

C. Violations. It shall be unlawful to construct or use any structure, or use any land, in the Groundwater Protection Overlay District except as authorized by this chapter. The City, or any person who is specifically damaged by a violation of this chapter, may institute an appropriate legal action to enjoin the violation.

D. Penalties. Any person who fails to comply with this chapter shall, upon conviction thereof, be subject to the penalty provisions of Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield. Each day a violation exists or continues shall constitute a separate offense.

. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).