6. Performance Standards

Purpose:
To set forth standards that, if violated, will trigger an additional review for a proposed use in the wellhead protection area.

Key Issues:

Notes:
Standards pertain to the size and quantity or volume of materials with known contaminants. These include standards for using regulated materials in small quantities for maintenance or repair of wells. Standards for residential use and storage of fuel in wellhead protection areas are specified here. Other standards, such as minimum lot size, modified setback requirements, etc., that are different from any of the underlying zoning districts are included here.
(A) Use of Regulated Substances in conjunction with municipal water supply and treatment activities shall not be restricted by this chapter.
(B) Use of Regulated Substances in conjunction with public parks, playgrounds, golf courses, and community centers shall be in accordance with the City of Dayton Park and Recreation Management Plan for maintenance of Sensitive Areas.
(C) Use of Regulated Substances in conjunction with conditional uses in this district shall be limited to:
(l) The aggregate of Required Substances in use may not exceed twenty (20) gallons or one hundred and sixty (160) pounds at any time.
(2)The total use of Regulated Substances may not exceed fifty (50) gallons or four hundred (400) pounds in any twelve (12) month period.
(D) A limited exclusion from the provisions of 150.603(C) is authorized for non-routine maintenance or repair of property or equipment. The use of Regulated Substances under this exclusion shall be limited to:
(1) The aggregate of Regulated Substances in use may not exceed fifty (50) gallons or four hundred (400) pounds at any time.
(2) The total use of Regulated Substances may not exceed one hundred (100) gallons or eight hundred (800) pounds in any twelve (12) month period.
(E) Storage of Regulated Substances in conjunction with municipal water supply and treatment activities shall not be restricted by this chapter.
(F) Storage of fuel and lubricants for vehicle operations in conjunction with permitted and conditional uses in this district shall be in underground tanks placed above the floor surface of a below-grade vault. Said vault shall allow access for physical inspection of the tank for leakage and the interior of the vault shall be continuously monitored and alarmed to provide for automatic and immediate detection of any release from the tank.
(G) Notwithstanding other provisions of this chapter, non-conforming uses in this district presently utilizing underground storage tanks for fuel and lubricants for vehicle operations shall be permitted to replace existing tanks with those constructed as per the specifications of 150.603(F) above and not exceeding the capacity of existing tanks. Replacement of underground tanks for Regulated Substances other than fuel and lubricants for vehicle operations is not permitted.
(H) Storage of Regulated Substances other than fuel and lubricants for vehicle operations in conjunction with permitted and conditional uses in this district is prohibited.
(I) As part of the findings required under Section 150.424(D), the Zoning Administrator shall utilize the Hazard Potential Ranking System, Section 150.620 to assist in the determination of intensity of use within this district. No substitutions of a non-conforming use shall be permitted which result in an increase of the Hazard Potential Ranking on a parcel within this district.
(J) All uses within this district shall be connected to the public wastewater disposal system.

[City of Dayton, Ohio, Zoning Ordinance, Section 150.603. 1988]

(1) The lot size shall be as required by other existing Norway Ordinances, including Norway's Subdivision Regulation, or State of Maine laws and regulations.
(2) The percentage of the lot which can be covered by impermeable surfaces, including parking areas, shall be limited as presented in the following table.
WHPA Maximum Lot Coverage

	 1            30%
	 2            50%
	 3            50%
[Town of Norway, Maine, Wellhead Protection Ordinance, Section E. 1993]

A gasoline station lot and/or fuel storage tanks shall not be location within two thousand five hundred (2,500) feet of any municipal water wells or other municipal water supply source.
[City of Oswego, New York, Zoning Ordinance, Section 125-50 (2), 1985]

No storage of potatoes or other putrescible crops which are likely to ferment or rot are permitted within 1,000 feet of the diversion point for any of the city of Enterprise Springs, as marked upon the ground by the city. Beyond 1,000 feet, storage of potatoes or other putrescible crops likely to ferment or rot is permitted if stored in silos or other storage facility adequate to insure there will be no leaching into the groundwater.
[Wallowa County, Oregon, Zoning Ordinance, Section 24.025. 1988]

Well spacing requirements are commonly dependent on geologic conditions, demand for water from the aquifer, and other local conditions. Specification of such standards may be included in the zoning ordinance under perofrmance standards if excessive drawing of well water from an aquifer is a concern.
All well locations described in applications for a permit to appropriate water for beneficial use, other than domestic, which propose the diversion or withdrawal of water from the unconsolidated aquifer, commonly described as the Ogallala aquifer, or an alluvial aquifer, or both, shall be placed so that spacing between that well and all other nondomestic wells with a diversion rate of 51 gallons per minute or more meets the following well spacing requirements.
  1. The minimum spacing of wells with a diversion rate of from 51 to 400 gallons per minute shall be 1,300 feet.
  2. The minimum spacing of wells with a diversion rate in excess of 400 gallons per minute shall be 2,300 feet.
[Southwest Kansas Groundwater Management District No. 3, Kansas, General Ordinance, Section 5-23.3.(a), 1981]

Reprinted with permission from A Guide to Wellhead Protection, PAS Report No. 457/458 (Chicago: American Planning Association, August 1995), Appendix D.

Sections
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Appendices
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Wellhead Protection Program Guidance Document Contents
Wyoming Department of Environmental Quality