Division III. Overlay and Special Districts
Chapter 18.116
WELLHEAD PROTECTION OVERLAY (WH-O) DISTRICT
Sections:
18.116.030 Effect on standards.
18.116.040 Development standards.
18.116.050 Process supplement.
18.116.010 District intent.
The WH-O (wellhead protection overlay) district is intended to protect the public water supply by minimizing the potential for contamination.
(A) Application of District.
(1) Areas where water flows to a public water supply or well field within a five-year period of time.
(2) Areas may be within Angola’s city limits or the city’s extraterritorial jurisdiction.
(3) Single-family and multiple-family dwelling units connected to a municipal sewer system are exempt from the WH-O district requirements.
(B) Land Use Restrictions.
(1) Uses that utilize or contain volatile, poisonous, toxic, or other material hazardous to the potability of water are restricted or excluded. [Ord. 1746-2023; Ord. 1286-2008. UDO § 3.01.]
18.116.020 Effect on uses.
All uses allowed as a permitted use or special exception use in the underlying zoning district shall remain permitted except for the following uses shall not be permitted:
(A) Body shop (automobile oriented).
(B) Car wash (automobile oriented).
(C) Confined feeding operation (small).
(D) Construction demolition landfill.
(E) Ethanol production facility.
(F) Gas station.
(G) Golf course.
(H) Gravel or sand mining.
(I) Heavy equipment repair.
(J) Incinerator.
(K) Junkyard.
(L) Liquid fertilizer storage or distribution.
(M) Municipal airport.
(N) Municipal heliport.
(O) Oil change facility (automobile oriented).
(P) Processing of agricultural products (ethanol).
(Q) Recycling processing.
(R) Rendering plant.
(S) Sanitary landfill or refuse dump.
(T) Scrap metal yard.
(U) Truck stop (with idling).
(V) Truck stop (without idling). [Ord. 1746-2023; Ord. 1286-2008. UDO § 3.01.]
18.116.030 Effect on standards.
The development standards of Division II of this title, Zoning Districts, and Division VI of this title, Development Standards, apply where an alternative development standard has not been specified herein for the WH-O district.
The design standards of Division IV of this title, Subdivisions, and Division V of this title, Design Standards, apply where an alternative design standard has not been specified herein for the WH-O district. [Ord. 1746-2023; Ord. 1286-2008. UDO § 3.01.]
18.116.040 Development standards.
This wellhead protection overlay district development standards section applies when the wellhead protection overlay district exists over any of the following underlying zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI. The following standards apply:
(A) Cross-Reference. Refer to Division II of this title, Zoning Districts, and Division VI of this title, Development Standards, for standards applicable to the underlying zoning district.
(B) Exemptions. Single-family and multiple-family dwelling units connected to a municipal sewer system shall be exempt from the WH-O district requirements.
(C) Best Management Practices. Uses within the WH-O district shall implement best management practices known to its particular industry. Simple, but important, practices include:
(1) Avoid Excess Potential Contaminant Usage. Each land use within the WH-O district shall use the minimal amount of the potential contaminant that is necessary to achieve the desired result, employ waste reduction and management strategies, and mandate responsible purchasing to reduce the threat of hazardous materials.
(2) Proper Use and Handling. Each land use within the WH-O district shall train employees and follow instructions on labels to ensure proper use and handling of potential contaminants.
(3) Proper Storage and Disposal. Each land use within the WH-O district shall create and implement a chemical management plan that includes a list of chemicals and potential contaminants used, the method of disposal, and procedures for assuring that chemicals and potential contaminants are not discharged.
(D) Sewer and Water Standards.
(1) Abandoned Wells. All known abandoned wells shall be identified and sealed at the surface or plugged with impervious materials in accordance with 312 IAC 13-10.
(2) Sanitary Sewer. Connection to the City of Angola municipal sanitary sewer system or a privately owned sanitary sewer system shall be required.
(E) Storage Tank Standards. The storage of flammable and combustible liquids in containers and tanks shall meet the fire and building safety standards as established in 675 IAC 13, Building Codes.
(1) Above-Ground Storage Tanks.
(a) Above-ground storage of flammable and combustible products shall not exceed 1,000 gallons.
(b) Above-ground storage of flammable and combustible liquids shall have corrosion protection for the tank and piping.
(c) Storage of more than 40 gallons of flammable or combustible liquids for more than 24 hours shall meet the following secondary containment requirements:
(i) Secondary containment shall be capable of containing 110 percent of the volume of the tank.
(ii) Secondary containment shall be designed to prevent and control the escape of the contaminant into ground water for a minimum of 72 hours, or designed and built with an outer shell that includes monitoring between the tank wall and outer shell.
(iii) The secondary containment structure shall be properly maintained and shall be free of vegetation, cracks, open seams, open drains, siphons, or other openings that jeopardize the integrity of the structure.
(iv) The secondary containment structure shall be designed to prevent the infiltration of precipitation.
(2) Underground Storage Tanks.
(a) New underground storage tanks (USTs) shall not be permitted.
(b) Existing underground storage tanks may be replaced or upgraded, but shall meet the following conditions:
(i) Underground storage tanks shall be constructed of noncorrosive material or materials having corrosion protection (externally coated and cathodically protected metal, double walls, metal having a thick corrosion resistant cladding or jacket, internal tank lining).
(ii) Spill protection, overfill protection, and leak detection features shall be incorporated on each underground tank system. [Ord. 1746-2023; Ord. 1286-2008. UDO § 3.02.]
18.116.050 Process supplement.
(A) Additional Reviews. If a subdivision of land, planned development, special exception, variance, rezoning, or improvement location permit is proposed or requested for a site that lies fully or partially within the WH-O district, the proposed development and process shall be subject to an additional review by the Angola Water Department. The Angola Water Department may suggest conditions for approval or reasons for denial.
(B) Additional Notice. In addition to any required notice an applicant shall also give notice to the Angola Water Department when all or a portion of a site lies within a WH-O district. See Chapter 18.192 AMC, Processes. [Ord. 1746-2023; Ord. 1286-2008. UDO § 3.03.]
18.116.060 Monitoring.
(A) Inspection. Land uses involving the storage or use of potential contaminants may be subject to periodic inspection by the Building Commissioner, Fire Marshal, or the Angola Water Department. The scope of inspections shall be limited to issues related to the storage and use of the potential contaminants.
(B) Testing. The Angola Water Department may request periodic testing for spillage or soil contamination.
(C) Reporting. The Angola Water Department and Angola Fire Department may require reporting of any spillage of contaminants into the soil. [Ord. 1746-2023; Ord. 1286-2008. UDO § 3.04.]