§ 18.80. Wellhead Protection.

The city has determined that the groundwater underlying the area identified in the Wellhead Protection Area, which is incorporated into this Ordinance by reference, is the sole source of the city's drinking water, that the groundwater aquifers are integrally connected with, and flow into, the surface waters, lakes, and streams, which constitute a significant public health, recreational, and economic resources of the city, and that spills and discharges of petroleum products, sewage, and other hazardous substances threaten the quality of the groundwater supplies and other water related resources, posing potential public health and safety hazards and threatening economic losses.

Therefore, the following standards and requirements are established to preserve and maintain existing and potential groundwater supplies, aquifers, and groundwater recharge areas and protect them from adverse development and land use practices, preserve and protect present and potential drinking water supply, conserve the natural resources of the city, protect the financial investment of the city in its drinking water supply system, and to meet state requirements for wellhead protection.

The following shall apply to all land uses, including private and public facilities that are located within the area identified in the Wellhead Protection Area, and that use, store, or generate hazardous substances in quantities greater than one hundred (100) kilograms per month, and which require development plan review and approval under the provisions of this Ordinance:

A.

General provisions.

1.

Groundwater protection.

a.

Stormwater management and drainage facilities shall be designed in addition to any other standards established by this Ordinance, to retain the natural retention and storage capacity of any wetland, water body, or watercourse, and shall not increase flooding, or the potential of environmental contamination, on-site or off-site, and shall not result in loss of use of property by any third party.

b.

General purpose floor drains shall be connected to a public sewer system, an on-site holding tank, or a system authorized through a state surface or groundwater discharge permit.

c.

Sites at which hazardous substances are stored, used, or generated shall be designed to prevent spills, and unpermitted discharges to the air, surface of the ground, groundwater, lakes, streams, rivers, or wetlands.

d.

State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport, and disposal of hazardous substances and polluting materials shall be met.

2.

Aboveground storage and use areas for hazardous substances and polluting materials.

a.

Primary containment of hazardous shall be "product-tight" and shall consist of a tank, pit, pipe, or vessel.

b.

Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance and shall consist of a second tank, catchment pit, pipe, or vessel.

c.

Outdoor storage of hazardous substances shall be prohibited, except in "product-tight" containers which are protected from weather, leakage, and accidental damage and vandalism.

d.

Out-buildings, storage rooms, sheds, etc., that are utilized as secondary containment, shall not have floor drains which outlet to soil, public sewer system, groundwater, or nearby drains or natural water bodies, unless a surface or groundwater discharge permit has been obtained pursuant to the applicable requirements of PA 245, as amended.

3.

Underground storage tanks.

a.

All pertinent state and federal requirements regulating the installation, inspection, maintenance, removal, and remediation of underground storage tanks shall be adhered to.

4.

Well abandonment.

a.

Out of service wells shall be sealed and abandoned in accordance with the applicable requirements of the Michigan Department of Health Well Construction Unit.

5.

Site with contaminated soils and/or groundwater.

a.

Development plans shall identify all such areas.

b.

Development on contaminated areas shall not be permitted unless information from the appropriate state and federal agencies is available indicating that an approved clean-up of the contaminated area is to occur in a timely fashion.

6.

Construction standards.

a.

Hazardous substances stored on the construction site during the construction process, shall be stored in a location and manner designed to prevent spills and unpermitted discharges to air, surface of the ground, groundwater, lakes, streams, rivers, or wetlands. Any storage container of over twenty-five (25) gallons or two hundred twenty (220) pounds, containing hazardous substances shall have secondary containment.

b.

Upon completion of construction, all hazardous substances and containment systems no longer in use, shall be removed from the construction site and disposed of in a manner consistent with applicable local, state, and federal requirements.

7.

Maintenance.

a.

In areas where hazardous substances are handled, structural integrity of the building shall be maintained to avoid inadvertent discharge of chemicals to soil and groundwater.

B.

Required information for site plan review.

[1.]

In addition to the otherwise required development plan information, the following information shall be provided, where applicable, on the development plan submitted for review and approval:

a.

The site plan shall include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed use(s) and structures(s).

b.

All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property, and the type and size of buildings.

c.

Lighting for parking areas or outdoor activity areas shall be shielded to prevent light from spilling onto any property used or zoned for residential purposes.

d.

Access driveway shall be located no less than fifty (50) feet from the nearest part of the intersection of any street or any other driveway.

[2.]

Special land use decision guidelines: The principal question that should be asked in reviewing a special land use request: Is the proposed location an appropriate location for that use? If the facts show that it is an appropriate location (that the use is compatible), and all standards are met (both the general/discretionary and the specific/nondiscretionary standards), approval must be given.

The decision to approve, deny or approve with conditions must be incorporated in a statement listing the conclusions, the basis for the decision and any conditions. Appeal to the Zoning Board of Appeals on decisions regarding special land uses is permitted only if the Ordinance specifically provides for such an appeal.

The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by the Zoning Ordinance. Redevelopment of existing sites shall be brought in conformance with all site improvement provisions of the Zoning Ordinance which are relative to and proportionate to the extent of redevelopment, as determined by the Planning Commission.

Buildings and structures will meet or exceed setback standards, height and other dimensional standards, and be placed to preserve environmentally sensitive areas. Redevelopment of existing structures shall meet or exceed all standards for which a variance has not been obtained.

The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling and grading. Insofar as practical, natural features and the site topography shall be incorporated into the proposed site design.

The site design shall provide reasonable visual and sound privacy for dwelling units located therein and adjacent thereto. Fences, walks, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and the privacy of its occupants. All buildings or groups of buildings shall be arranged so as to permit emergency vehicle access by some practicable means to all vehicles.

Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways.

The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. The width of streets and drives shall be appropriate for the volume of traffic they will carry. The site plan shall provide pedestrian or bicycle pathways in the area. The site plan shall provide a pedestrian circulation system that is insulated as completely as is reasonably possible from the vehicular system.

The expected volume of traffic to be generated by the proposed use shall not adversely impact existing roads and the circulation thereon.

Stormwater management system and facilities shall preserve the natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible, and shall not substantially reduce or increase the natural retention or storage capacity of any wetland, water body, or water course or cause alterations which could increase flooding or water pollution on or off the site.

The proposed development shall include measures to prevent soil erosion and sedimentation.

The scale and design of the proposed development shall facilitate the adequate provision of services currently furnished by or that may be required including fire and police protection, stormwater management, water supply, sanitary sewage removal and treatment, traffic control and administrative services.

[3.]

Site plan review, decision guidelines: A site plan must be approved if it meets the standards and requirement of the Zoning Ordinance and other applicable ordinances, and the conditions placed on the approval are met.

[a.]

Once approved, a site plan is an enforceable document.

[b.]

Once approved, site plans may only be changed with the mutual agreement of the community and the applicant. Many communities process major changes by the approving body and minor changes as an administrative procedure.

[c.]

Approval of a site plan may expire if not under construction within a time period specified in the Ordinance.

(Ord. No. 2002-8, 8-26-02)