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Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
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Code of Ordinances |
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Chapter 23. Zoning, Land Use And Development Regulation |
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Article VI. Resource Protection Standards |
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Division 2. Potable Water Wellhead Protection Areas |
| § 23-621. Purpose and intent. |
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The purpose and intent of this division is to safeguard the health, safety and welfare of the citizens of the city by registering all land uses and activities that occur within wellhead protection areas surrounding potable water supply wells, thereby providing protection of the principal source of water for domestic, agricultural, and industrial use. The availability of adequate and dependable supplies of potable quality water is of primary importance to the future of the city; therefore, standards are described in this division with the intent of protecting both the quantity and quality of the groundwater supply. It is further the intent of this division to control development in and adjacent to designated wellheads to protect water supplies from potential contamination. |
| § 23-622. Applicability. |
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Development regulations established in this division shall be applicable to designated wellhead protection areas for all public supply water wells. |
| § 23-623. Wellhead protection area and zones. |
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a. Establishment of wellhead protection area. The wellhead protection area shall consist of a radius of five hundred (500) feet around each of the city's public supply potable water wells. 1. Zone of exclusion. A 300-foot radius measured from a well shall be a zone of exclusion, within which all development activities are prohibited. It is the intent and purpose of the city to prohibit new land uses and activities within three hundred (300) feet of a wellhead and to monitor and existing land uses and activities within this zone. 2. Zone of protection. The radius from three (300) feet to five hundred (500) feet measured from a wellhead is declared to be the Zone of Protection. It is the intent of the city to monitor and restrict land uses and activities within the zone of protection. b. Wellhead protection area map. The administrative official shall maintain a wellhead protection area map showing the zone of exclusion and zone of protection established pursuant to this division. 1. Where a property lies partly outside the wellhead protection area, development standards contained in this division shall apply only to that part of the property lying within the wellhead protection area. 2. Where the wellhead protection area boundary passes through a building, the entire building shall be considered to be in the protection area. Sec. 23-623.1 Regulation of land uses and activities. Land uses and activities in zones of exclusion and zones of protection shall be regulated in accordance with this section. (a) Zone of exclusion. No new land uses shall be established within a zone of exclusion. Any existing land use or activity within three hundred (300) feet of a wellhead shall be deemed to be a nonconforming use. It is the intent and purpose of the city to eliminate all land uses and activities within three hundred (300) feet of a wellhead. (b) Zone of protection. Land uses and activities permitted in accordance with the provisions of article IV, district regulations, are permitted in the zones of protection except for the following uses and activities, which are prohibited. 1. Landfills; 2. Facilities for bulk storage, handling or processing of materials on the Florida Substance List; 3. Activities that require the storage, use, handling, production or transportation of restricted substances, agricultural chemicals, petroleum products, hazardous toxic waste, medical waste, or similar substances; non-residential use, handling, production or storage of hazardous substances in any quantity; and, residential use of more than five (5) gallons; 4. Feed lots or other commercial animal facilities; 5. Wastewater treatment plants, percolation ponds or similar facilities; 6. Mines; and 7. Excavation of waterways or drainage facilities which intersect the water table. Sec. 23-623.2 Registration of land uses and activities in wellhead protection areas. All land uses and activities within the wellhead protection area, including those within the zones of exclusion and the zones of protection, must be identified and registered with the city within one (1) year of the adoption of this division. The registration is to enable the city to eliminate all potential sources of contamination of the potable water supply. Registration of new land uses and activities shall be required by the administrative official at the time of the verification of zoning compliance, required pursuant to section 23-212. The administrative official shall maintain a record of all land uses and activities within the wellhead protection area of all wells. a. Registration procedure. Each landowner with a legal use or activity between three hundred (300) feet and five hundred (500) feet of a wellhead shall notify the city as to the nature of the use or activity. The information shall be sent to the administrative official by letter. The information required is as follows: 1. Name, address, and phone number of the property owner, operator, and/or agent, and the tax parcel number; 2. Signature of agent or owner; 3. Locational description of the property, such as "located on Highway 17 between Pine and Redwood Streets." 4. A description of the land use or activity at the location; 5. A list of all known hazardous substances that may be utilized, generated and/or stored at the described property; 6. If required by the administrative official, a survey or scale drawing of the property, identifying existing structures, adjacent streets and water bodies in relation to the wellhead. b. Exemptions. The following activities or uses are exempt from registration requirements in the zone of protection: 1. The transportation of any hazardous substance through the zone of protection; 2. Fuel in a vehicle fuel tank or as lubricant in a vehicle; 3. Repairing or maintaining any facility or improvement on lands within the zone of protection; and 4. Geotechnical borings. c. Notice of discontinuation of land use or activity. If a land use or activity ceases, the owner must notify the city by registered letter within thirty (30) days of cessation of use. |
| § 23-624. Modification of requirements. |
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a. Any person affected by this division may petition the city commission for modification from the prohibitions and registering requirements of this section, provided that the person demonstrates that special or unusual circumstances and adequate technology exists to isolate the facility or activity from the potable water supply in the event of a spill. b. The city commission shall determine whether the land use or activity shall be approved under the provisions of this division. In making this decision, the commissioners shall consider: 1. The cumulative impacts of the land use or activity on the zone of protection in combination with other uses or activities that have been permitted within said zone; and 2. Whether the proposed use end product that is a threat to the water supply can be contained in the case of a spill. |
| § 23-625. Location of new wells. |
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No new public supply water wells shall be located such that the wellhead protection area extends past the boundaries of private property. |