 SECTION 504 WPO WELLHEAD PROTECTION OVERLAY DISTRICT
504.01 INTENT: The intent of this district is to overlay any of the primary zoning districts herein established and described in Sections 501, 502 and 503 of this Resolution in order to assist municipalities and other public water supply systems, as defined in Title 179, Nebraska Department of Health, Chapter 2, within or adjoining Sheridan County, which may operate water wens in or near the County in providing protection from contamination of such wells through regulation of land uses which have the potential for contamination of the groundwater source(s) from which said wells derive water. The intent of this district is also to protect existing and future agricultural uses, which are in balance with the natural environment, which are compatible with existing agricultural uses and which will not present unacceptable potential for contamination of the public water supply system wells, from over-regulation by said municipalities or public water supply systems with regard to wellhead protection_
504.02 PREREQUISITE REQUIREMENTS FOR APPLICATION OF THIS DISTRICT: Prior to the application of this overlay district to any lands in Sheridan County, the municipality or public water supply system, which maintains and operates water supply wells within or adjoining the County for which the wellhead protection areas include lands within Sheridan County, shall make application to the Sheridan County Planning Commission and Sheridan County Board of Commissioners seeking application of this district to specified lands within the County. Prior to making such application and prior to approval of any application of this overlay district to any lands within the County, the municipality or other public water supply system making such application shall have first complied with all other requirements of the Wellhead Protection Area Act (Neb. Rev. Stat. 46-1501 through 45-1509 and the additional requirements listed as follows:
1. Delineation of the wellhead protection area(s) based upon a twenty (20) year time of travel recharge zone, as defined by the Nebraska Department of Environmental Quality.
2. Approval of such wellhead protection area(s) by the Nebraska Department of Environmental Quality. (Refer to limitation in Section 504.03 herein.).
3. Completion and mapping of an inventory of potential contamination sources within the wellhead protection area(s), including identification of abandoned wells.
4. Formulation of emergency / contingency / long-range plans in the event of disruption of the supply of water from wells in the wellhead protection area(s).
5. Formulation and implementation of an on-going public involvement / education program to permit public comment in the establishment of a wellhead protection program and a plan to provide public information regarding the program and voluntary cooperation with the same.
6. Development of a program to install and maintain Wellhead Protection Area signs on roadways around the wellhead protection area(s).
7. The municipality or other public water supply system shall execute an interlocal agreement with Sheridan County for the administration of the regulations within the land areas to be included in this Wellhead Protection Overlay District. In such agreement, the municipality or other public water supply system shall agree to accept the wellhead protection regulations set forth in this overlay district, agree to pay to the County any fees negotiated between such entity and the County for the administration of these regulations in those land areas under the County's zoning jurisdiction, agree to pay all legal costs associated with any legal challenge to the requirements of this overlay district, and agree to hold the County harmless from any liability related to the requirements of this district, except for proper administration
Zoning Regulations - Sheridan County Nebraska - 2002 Page 42 |
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