7. Site Plan Submission and Administrative Requirements

Purpose:

To set the application requirements for content, format, and supporting documentation (e.g., such as maps and plans) for site plans for uses in the wellhead protection areas.

Key Elements:

• List of hazardous, toxic, and other regulated materials
• Location of existing wells and public water supply systems
• Location of significant geologic and natural features
• Fees, funding, and disbursement criteria

Notes:

In addition to routine site plan submission requirements, additional information about the types and volumes of all hazardous materials expected to be used at a proposed facility should be required on site plans for uses in the wellhead protection area. This information typically must describe the types of wastes a use will generate as well as the methods that will be used to dispose of such wastes. For maps and plans, the location of all existing wells within a certain distance of the property line may be required for reference. Mapping of sensitive geologic or natural resources may also be required. In addition, for stormwater runoff control and management, a separate plan may be required.

Note that, for monitoring and continuous evaluation of contaminants and risks associated with them, the requirements for reporting of hazardous materials use, storage, or disposal should be handled in other codes, outside the scope of zoning powers. These include building codes, health codes, and emergency plans. The site plan provisions in a zoning ordinance are a one-time opportunity for ensuring that development proposals comply witht he ordinance. This opportunity exists before the developments are approved. Because of turnover in land uses and tenants, what may have been approved at the site plan stage may no longer accurately reflect future risks of contamination.

The following written and mapped information shall be submitted:

Description of proposed use: type of use or activity; commercial (trades and services), industrial (manufacturing and processing); product produced: Standard Industrial Code (S.I.C.) if applicable.

A complete list of the types of volumes of all hazardous materials (including fuels) used, stored, processed, handled or disposed, other than those volumes and types associated with normal household use.

Description of types of wastes generated and method of disposal including: solid wastes, hazardous wastes, sewage and non-sewage wastewater discharges. Location of adjacent (within 200 feet of property line) private drinking water supply wells.

Location of public water supply wells within 1,000 feet.

Provisions for management of storm water runoff.

A site plan and building plan showing: hazardous materials loading, storage, handling and process areas; floor drains; process vents; sewage disposal; and waste storage or disposal areas.

Plans and documents containing information to show compliance with the Performance and Design Standards.

Other additional information as may be requried by reviewing agencies regarding: the proposed use, its potenital impact to water quality, hydrogeologic information, monitoring, and mitigation measures.
[Connecticut Department of Environmental Protection, A Guide for Drafting Local Aquifer Protection Regulations. Bureau of Water Management, Planning and Standards Division, Section VII, 1989]

Except for applicants initially electing to submit an Environmental Assessment Report as set forth in Section 917.7, all other applicants whose properties are located entirely or partially within the Carbonate Area District, as defined in Section 917.2, shall submit the following information to the township.

1. A map, at scale no smaller than 1" = 100' indicating the location of the property and all proposed improvements thereon and their geographic relationship tot he township's Carbonate District. The applicant shall utilize the carbonate area boundaries depicted on the township's Carbonate District Map.
2. For areas proposed for grading, construction of buildings, and other improvements, the applicant shall submit information for such areas, indicating the presence of any of the following carbonate features:

   Depressions;

   Fissures, lineaments, faults, or air photo fracture traces;

   "Ghost Lakes" occurring after rainfall events;

   Outcrops of bedrock;

   Seasonal high water tables;

   Sinkholes;

   Soil mottling, as defined by a soil scientist;

   Springs;

   Surface drainage entering the ground.

Such information may be based upon field surveys and/or published data, but in either case shall be supported by an explanation of its source including the qualifications of the individuals directly responsible for preparing such information.
[City of West Whiteland Township, Pennsylvania, Zoning Ordinance, Section 917.6. 1986]

Site plans and supporting documents shall be provided and contain sufficient information to show compliance with the site development and management criteria of these regulations. All applications for a special exception in the Aquifer Protection Zone shall include at least the following:

(a) Engineering plan prepared by a registered civil engineer showing existing and proposed contours, proposed site drainage, sanitary sewers, public water supply and hydrants, including the location of the nearest existing fire hydrant at the time of application, at a scale of not less than 1" = 40' and on 24" x 36" sheets unless a smaller scale is approved by the Director of Planning in writing.
(b) Layout plan showing the location of all buildings, parking areas, entrance and exit drives, hazardous materials/waste storage areas and facilities, loading areas, disposal facilities and containment areas at a scale of not less than 1" = 40' and on 24" x 36" sheets unless a smaller scale is approved by the Director of Planning.
(c) A building floor plan for all buildings showing the location of all storage or containment areas and facilities, process areas, and building exits. Storage areas shall be identified according to their use and material stored. The location of emergency equipment related to each storage area shall be shown. Building plans shall be at an appropriate scale on 24" x 36" sheets.
(d) Construction details shall be provided at an appropriate scale for all containment facilities, drainage facilities including detention basins, water and sewer facilities, and hydrants. Calculations, details, and profiles shall be provided for all drainage design systems. All storage and containment facilities shall be described by the type of materials stored, the quantity of the containers, and the volume of containment areas.
(e) A comprehensive description of the amount and composition of any and all hazardous materials that are manufactured, generated, stored, discharged, used, or transported on, to or from the site.
[City of Manchester, Connecticut, Zoning Ordinance, Section 21.07.02, 1988]

For new activities located in WHPA 1, or WHPA 2, or WHPA 3 and regulated by the above "Applicable Land Uses or Activities" Table, the applicant for a Site Plan Review has the burden of proof that the proposed activity will not adversely affect groundwater. All applications shall be prepared and considered as per Norway's existing Site Plan Review Ordinance and shall include written information and plan (map) information. In addition, certain land uses or activities may require Site Plan Reviews with additional information as...required by the Planning Board.
[Town of Norway, Maine, Wellhead Protection Ordinance, Section F, 1993]

An application for an Aquifer Protection Overlay Zone review shall include, in addition to the other requirements set forth in the Zoning Regulations and Subdivision and Other Land Use Regulations, the following information:

1. The amount and composition of any hazardous materials that will be handled, stored, generated, treated, or disposed of on the property.
2. Provisions for treatment, storage, and/or disposal of any hazardous materials. "Hazardous Materials" means hazardous materials as defined in 40 CFR 171.8 and includes those materials listed in 40 CFR 172.101, "hazardous materials table for any "hazardous substance" as defined in 40 CFR 302.4 and listed in Table 302.4, "list of hazardous substances and reportable quantities," or any" hazardous waste" as defined in Section 22a-115, CGS.
3. Distance to nearest public or private drinking water supply well or AA streams (tributary to public drinking water supply).
4. Whether public sanitary sewers are available or proposed at the location.
5. Septic tank location, size, and capacity, and/or sewage lift stations, force mains, and grease traps.
6. Expected types and amount of discharge to sewers, to the ground and to surface water.
7. Emergency plan to detect and control hazardous materials leaks and spills, including but not limited to inspections, notification of official emergency containment and clean-up procedures.

[Town of Cheshire, Connecticut, Zoning Ordinance, Section 47.4, January 1994]

Some communities include funding costs and other revenue-related provisions as part of the wellhead protection ordinance. These provisions describe how costs associated with the administration of this ordinance along with any costs associated with emergency response and remediation measures necessary in the event of contamination will be recovered. Funding provisions include specific conditions for collection of fees, disbursement and use of funds, and details pertaining to the powers and conduct of an oversight board or committee.

(A) Establishment of the Well Field Protection Fund

1. The Well Field Protection Fund is hereby established to remediate pollution that could affect the public water supply and/or to pay the costs of acquiring interests in property necessary to reduce the risk of pollution of the public water supply. The Well Field Protection Fund can be used only for Well Field Protection Activities within the Well Field Protection Overlay District and within the one (1) year capture zones of the well fields.
2. The City of Dayton Water Rates shall be amended to include a Well Field Protection Charge applicable to the entire rate base. This Charge is to generate revenue for the Well Field Protection Fund.
3. All interest and payments resulting from Well Field Protection Fund activities will be paid to the Well Field Protection Fund. All directly related administrative costs of the Well Field Protection Fund are reimbursable from the Well Field Protection Fund.
4. Costs for Well Field Protection activities advanced from the water Fund or any other City source of funds are reimbursable from the Well Field Protection Fund.

(B) Well Field Protection Board

1. The Well Field Protection "Board" is hereby established. The Board shall consist of the Directors of Water, Finance and Planning. The Board shall determine the Well Field Protection Charge to be part of the City of Dayton Water Rates subject to approval by the City Commission.
2. The Board shall reduce the Well Field Protection Charge if the Well Field Protection Fund exceeds the limitations as set forth in Section 53.05(C)(1) subject to approval by the City Commission.
3. The Board shall, subject to approval by the City Commission, develop rules, regulations, and procedures for the administration of the Well Field Protection Fund.

(C) Limitations

1. The Well Field Protection Fund shall be limited to $10,000,000.00.
2. Interests in private property will not be acquired with funding under the Well Field Protection Fund in order to compensate the owner for compliance with

   a) a lawful order, requirement or declaration from any regulatory agency; or
   b) a requirement to obtain or maintain insurance coverage.

The Board of Supervisors of East Marlborough Township specifically finds that it is equitable and in the public interest for the Township to bear a portion of the costs associated with the review field testing, and reporting procedures prescribed in Section 1205A. Hence, the costs thereof shall be borne as follows:

(A) The cost of data study and site inspection by the Township engineer and the subsequent report as specified in Section 1205A C, D, and E shall be equally divided between the Township and the landowner.
(B) The cost of any additional testing and reports as specified in Section 1205A, F, and G, shall be divided so that the Township will bear 20% of the cost and the landowner shall bear 80% of the cost.
(C) East Marlborough Township shall not be responsible or bear any of the cost of any other engineering or testing expenses and in the event that the landowner wishes to engage his own engineer, the landowner shall be responsible for all costs thereof.

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Wellhead Protection Program Guidance Document Contents
Wyoming Department of Environmental Quality