§ 42-33. Sanitation and water supply.

(a)

Safe sewage disposal possible. No principal building shall be erected, structurally altered, or relocated unless it has been certified by the building inspector that it conforms to all town ordinances and other governmental laws or regulations then applicable to sewage disposal systems, and that satisfactory evidence has been submitted to show that suitable provision for disposal of sewage, based on the proposed use, is possible on said lot if it is not served by an approved municipal or other state-approved sewage disposal system.

(Explanatory note: While every attempt has been made, through control of minimum lot size, building location and plumbing standards, to ensure that proper disposal of sewage will be provided on any lot, it is recognized that no such standards will completely ensure adequate disposal in every situation. This section has been written for the purpose of giving the community the authority to require whatever additional provisions are necessary to prevent a sanitary problem from development in a situation where the normal requirements will not ensure proper sewage disposal.)

(b)

Approved septic system. No principal building shall be erected, structurally altered or relocated unless a sewer is installed running to a septic tank designed and located in accordance with the town ordinances and other governmental laws or regulations then applicable to sewage disposal systems, or to an approved municipal or other state-approved sewage disposal system.

(c)

Outhouses prohibited. No outhouse or privy shall be hereafter erected in the town unless specifically authorized by the county board of health and in strict compliance with the county sanitary code.

(d)

Water supply required. No occupancy and use permit shall be issued for a building used for residence purposes unless provision is made for a safe and adequate supply of water in or within 300 feet of said dwelling or connection is to be made to an approved municipal or community water system.

(e)

Reduction in area requirements; reduction in lot size, lot width, setback offset, open space and increase in building footprint and increase in density in planned unit developments. In case of any lot proposed to be served by municipal or municipally-approved communal sewage system or water system, and where such service would be provided prior to any occupancy of such lot, the town board may reduce the lot size, lot width, open space, setback and offset requirements applicable to such lot and increase the building footprint and increase the amount of density in planned unit developments upon the recommendation of the town plan commission, without the necessity of a public hearing. In making such recommendations, the plan commission shall give particular consideration to the following and shall make written finding of facts relative thereto:

(1)

The suitability of soil, terrain and groundwater table conditions and the practicality of providing municipal sewer or water service to the parcel.

(2)

The effect of any reduction in the lot size, lot width, open space, setback and offset requirements and the increase in building footprint and density requirements on the character and value of surrounding development.

The maximum amount of reduction in the lot size, lot width, open space, setback and offset requirements or increase in building footprint of individual lots and the maximum increase in the density of planned unit developments shall not exceed 30 percent and in no case shall reduce the lot area requirements for individual lots to less than 12,000 square feet.

(f)

Public water systems.

(1)

Purpose. The purpose of this subsection is to regulate test wells or permanent wells within the town that are intended to be used as part of a community water system, a municipal water system, a public water system, or a high-capacity water system as those terms are defined herein. This chapter is adopted in accordance with the provisions of Wis. Stats. § 62.23(7) and is intended to:

a.

Provide advance notice of the installation or construction of a test well or permanent well for the previously described systems;

b.

To protect the existing and future groundwater resources of the town; and

c.

To provide security to protect town residents against injury caused by the installation or operation of a test well or permanent well as defined herein.

(2)

Definitions. The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adequate water supply means water supply that has a yield, where obtainable, and the pump capacity to provide the quantity of water which is reasonably necessary to maintain use for drinking, culinary, personal hygiene, and other purposes for which the water is reasonably intended to be used. This chapter is intended to protect the existing water supply of town residents.

Community water system, as defined by Wis. Admin. Code NR 108.02(2), which is incorporated herein as if fully set forth.

Contaminant means any matter which may render water bacteriologically or chemically impure or turbid so as to make it unfit for human consumption.

Distribution system means all pipes, conduits, structures or buildings, which are used for the collection, treatment, storage and distribution facilities under the control of the operator of the public water system, and used primarily in connection with the public water system.

Drawdown means the extent of lowering the water level when water is pumped or flows from a private well.

Groundwater means subsurface water which is within the zone of saturation, including, but not limited to, perched water tables, shallow regional groundwater tables and aquifers or zones that are seasonally, periodically or permanently saturated.

Groundwater source means all groundwater obtained from horizontal collectors, infiltration lines, springs and dug, drilled or other types of test wells or permanent wells.

High-capacity water supply or system means one where new and existing wells to be constructed, reconstructed, rehabilitated, installed or operated on one property whose operating capacity singly or in the aggregate with that of other wells on the property will be in excess of 70 gallons per minute.

Living unit means a domicile located within the town's boundaries.

Municipality means any city, town, village, county, county utility district, sanitary district, utility district, school district or metropolitan sewage district or any other public entity created under state law and having authority to collect, obtain, store, treat or convey water for domestic, commercial or industrial use.

Municipal water system, as defined by Wis. Admin. Code NR 108.02(9), which is incorporated herein as if fully set forth.

Person means an individual, corporation, company, association, cooperative, trust, institution, partnership, state, municipality, or federal agency.

Private water supply means one or more sources of groundwater, including facilities for storage and conveyance of groundwater, such as wells, springs, pumps, pressure tanks and reservoirs, on one property, other than those serving a public water system.

Public water system, as defined by Wis. Admin. Code NR 108.02(12), which is incorporated herein as if fully set forth.

Specific capacity means the continuance yield of a well at a given well water or pressure drawdown expressed in gallons per minute, per foot of drawdown.

Supplier of water means any person who owns or operates a public water system.

Utility means a public utility, as defined in Wis. Stats. ch. 196, and as the same may be modified or amended.

Waterworks or water system means any facility installed or constructed to obtain, store, treat or convey water for drinking or domestic, commercial or industrial use for a public water system.

Well means an excavation or opening into the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater or for monitoring groundwater movement. This definition applies to all wells, whether for test purposes or for permanent use.

Well driller means any person, firm or corporation, whether private or public, employed in obtaining groundwater from a well by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater.

Yield means the quantity of water which may flow or be pumped from the well per unit of time.

(3)

Notice requirements.

a.

No test well or permanent well shall be constructed in the town if such well is intended as part of a community water system, a municipal water system, a public water system, or a high-capacity water system, unless written notice of such well and its intended use is given to the town within ten days of the submission of preliminary plans and specifications to the state department of natural resources under Wis. Admin. Code NR 108.04, or 30 days prior to the commencement of any test or permanent well construction; whichever is earlier. Said notice shall be provided to the town clerk-treasurer and shall contain the following information:

1.

The name of the supplier of water and/or owner of the well;

2.

The type of water system for which the well will be used;

3.

The location of the well and the name of the owner of the site location;

4.

The description and location of the distribution system for the water system, identifying affected roads, rights-of-way, and easements to be utilized in transporting the water to its ultimate user;

5.

The name and address of the well driller;

6.

Identification of all existing wells located in the town, whether public, private, municipal, community and/or high capacity, within a two-mile radius of the well site;

7.

The estimated specific capacity of the well, whether a test or permanent well;

8.

The estimated yield of the test and/or permanent well, utilizing calculations based on per minute yields, per day yields, and annual yields;

9.

The groundwater source to be utilized by the well;

10.

The estimated time for completion of the permanent water supply and distribution systems;

11.

The estimated useful life of the well and water system;

12.

The contact person having authority to respond to inquiries regarding the application;

13.

The preliminary plans and specifications submitted to the state department of natural resources under Wis. Admin. Code NR 108.04.

b.

Any information identified above which is not available at the time of the required submission of the notice shall be supplied immediately as the same becomes available or determinable. The notice required by this section shall be in addition to any and all reports, applications and/or notices required elsewhere in any town ordinance applicable to wells or the location of wells. The applicant shall be responsible for supplementing or updating the submitted application as new information is obtained or as circumstances change.

(4)

Filing of reports. If the water system proposed or under construction is a reviewable project under Wis. Admin. Code ch. NR 108, copies of any and all reports required to be filed with the state department of natural resources shall be filed simultaneously with the town clerk-treasurer.

(5)

Costs incident to well construction.

a.

The provisions of this and any other town ordinance notwithstanding, each well owner and supplier of water subject to this chapter shall be solely responsible for all costs of repairs to roads, public rights-of-way, topography or other surfaces or locations damaged or disturbed in any manner due to the construction of any well and/or water distribution system servicing a community water system, municipal water system, public water system and/or high-capacity water system. The plans and specifications for all water distribution systems located within the town shall be filed with the town clerk-treasurer 60 days prior to commencement of construction of any such distribution system or portion thereof. The information to be submitted shall include specification of the size, type and exact location of the distribution system and its appurtenances and shall indicate whether such is to be located within private or public lands and shall indicate the owners of all lands upon which the system shall be located. The well owner and water supplier shall be solely responsible for obtaining the necessary easements, public or private, for location of the well and distribution system and for conformance to all town, state and federal requirements governing the same. The town board may limit and/or regulate the location of wells and distribution systems in conformance with applicable zoning ordinances and uses allowed in accordance therewith.

b.

The plans and specifications for all water distribution systems described in subsection (5)a of this section shall be accompanied by an application and fee established by resolution and reimbursement to the town for any costs of professional services incurred by the town for the review of the application, inspection or other related professional services by the town engineer, planner, outside consultant hired by the town board and reasonable attorney fees will be invoiced by the town clerk-treasurer's office.

c.

In addition to all other requirements set forth herein, the permit applicant shall perform, at its cost, static and pumping operating levels for all wells of whatever depth within a two-mile radius. Thereafter, the well permittee shall perform follow-up well surveys within the same areas at two-year intervals. The follow-up surveys shall be performed during the same month or season as the initial well surveys in order to maintain comparability in the data. The town shall assist the permit applicant or permittee by providing a letter addressed to the relevant town residents requesting cooperation in the well surveys.

(6)

Groundwater protection fund.

a.

The existence of wells servicing community water systems, municipal water systems, public water systems and/or high-capacity water systems in the town may have future adverse effects on the groundwater and groundwater sources utilized by town residents. Protection of groundwater and groundwater sources is necessary for the maintenance of the health, welfare and economic well-being of the town and its residents. There presently exists the scientific knowledge and expertise necessary to reasonably determine the effect of such wells on prior, existing, normal capacity private wells and the groundwater sources for such private wells. To protect town property owners from adverse effects of the existence and location of community, public, municipal and/or high capacity wells in the town, and to provide for reasonable compensation for any losses which may be incurred thereby, there is hereby established a groundwater protection fund, to be administered as set forth herein.

b.

A special permit shall be required prior to the installation and operation of all permanent wells servicing community, municipal, public and/or high-capacity water systems located within the town. An applicant for a special permit shall submit his request on forms to be supplied by the town clerk-treasurer. The town shall act on the permit application within 45 days of receipt.

c.

There shall be imposed upon all new permanent wells servicing community, municipal, public and/or high-capacity water systems an initial special permit fee payable to the town prior to the installation of said permanent well established by resolution. Furthermore, there shall be imposed upon all new permanent wells servicing community, municipal, public and/or high-capacity water systems an annual operation fee payable to the town no later than February 1 of the year following each year, or fraction thereof, such a well is operating in the town established by resolution. The special permit fee and the annual operation fee shall be escrowed pursuant to the terms of subsection (f)(6)d of this section.

d.

The initial special permit fees and the annual operation fees shall be deposited into a separate interest-bearing insured account denominated "Groundwater Protection Fund." The account may be in the name of and controlled by the permittee, provided no withdrawals occur except as authorized by mutual agreement between the town board and the permittee or by direction of the arbitration panel as provided herein. The annual operation fee shall continue to be paid until the account balance, including accumulated interest thereon, reaches a balance of $500,000.00. The permittee shall be entitled to the interest earned on the account after the $500,000.00 balance has been met. In the event the account balance falls below $500,000.00, the annual operation fee shall resume and earned interest shall be retained until such time as the $500,000.00 balance has been restored. The Groundwater Protection Funds shall be administered as follows:

1.

Disbursements to be made from the Groundwater Protection Fund to private well owners who incur damages or expenses as a result of any adverse effect created by wells are subject to the jurisdiction of this chapter. Such damages or expenses shall include, but are not limited to, the following:

(i)

Contamination of private water supply;

(ii)

Depletion of groundwater sources resulting in the drawdown of private wells;

(iii)

Depletion of groundwater sources resulting in a significant lowering of well water level in private wells;

(iv)

Such other and similar expenses or damages reasonably shown to have been caused by wells regulated under this chapter.

2.

Any damages or expenses found to be compensable under subsection (f)(6)d.1 of this section shall be presumed to have been caused by the operation of the community, public, municipal and/or high capacity well. In the event this presumption is rebutted, or in the event it is deemed that the presumption does not apply for any reason, then damages or expenses incurred by private well owners may be compensable under this section if sufficient evidence is presented to reasonably establish a causal connection between the damage or expense and the community, municipal, public and/or high capacity well. The presumptions set forth above may be rebutted by clear and satisfactory evidence presented by hearing before the arbitration panel described below.

3.

Distributions from the Groundwater Protection Fund shall be made upon submission by the private well owner of evidence of damages or expenses incurred, or to be incurred. The private well owner's submission shall include two bids identifying the work required and the cost thereof. Compensable expenses shall be limited to the following:

(i)

Obtaining an alternate water supply for the period beginning with submission of the written request for a distribution from the Groundwater Protection Fund, and continuing until an acceptable replacement water supply has been provided.

(ii)

A satisfactory replacement water supply.

(iii)

Equipment used for treating the contaminated private water supply only if it is not feasible to remedy the contamination with a replacement water supply.

(iv)

Reasonable consulting or cost estimate fees, incurred in obtaining the submittals required under the terms of this chapter.

(v)

Any state, county or local permit fees.

(vi)

Other costs as deemed necessary by the town board to accomplish this chapter, including costs, expenses and professional fees incurred by the town as a result of the town's participation in any arbitration proceeding authorized in this chapter.

(vii)

Future costs incurred by impacted well owners for replacement of the original equipment or services required to remedy the drawdown caused by a regulated well except that such replacement costs shall be limited to the difference between the cost of a system as was on existence prior to operation of the regulated well compared to the cost of a system required due to the drawdown caused by the regulated well.

4.

Distributions from the Groundwater Protection Fund shall not be made for the following ineligible costs:

(i)

The replacement of a sand point well with a drilled well unless:

A.

The town board determines that replacement with another sand point well is not feasible;

B.

The town board determines that the claimant had no knowledge or reason to believe the sand point well would become contaminated at the time it was constructed; and

C.

The well serves a principal residence.

(ii)

Any costs incurred prior to the date of the ordinance from which this chapter is derived.

(iii)

A replacement well greater than seven inches in diameter.

(iv)

A replacement well screen greater than ten feet in length.

(v)

Relocation, replacement or abandonment of sewer piping, buried gasoline or fuel oil tanks, or similar items.

(vi)

Mileage, phone, postage, and other miscellaneous costs incurred by the claimant.

(vii)

Any other well construction costs which exceed the dollar limits set forth in Wis. Admin. Code NR 123.24(3).

5.

Within ten days of receipt of a private well owner's claim, but in no event prior to approval or disapproval of said claim, the town shall notify the relevant permittee by certified mail of the filing of a compensation claim. The notice to the permittee shall include all supporting documentation filed by the private well compensation/claimant. The permittee shall have 14 days to object to the compensation claim filed with the town. All objections shall be in writing setting forth the grounds thereto with specificity. Upon receipt of a timely objection, the town, the permittee and the claimant shall attempt to resolve the dispute on a voluntary basis. If the parties are unable to resolve the dispute within 30 days, the matter shall be submitted to a third person arbitration panel for resolution as follows:

(i)

The town and the permittee shall each designate a representative to serve on the panel. The two designated representatives shall name a third panel member. If the two designated representatives are unable to agree on a third panel member, they shall contact the department of natural resources for a list of five qualified individuals. Names shall be stricken from the list on an alternate basis in order to arrive at the third panel member.

(ii)

The arbitration panel shall meet within 30 days for the purpose of resolving the compensation claim dispute. The meetings shall be informal and shall not be subject to the procedural requirements set forth in Wis. Stats. ch. 68. Notwithstanding the informal nature of the hearings, all parties shall be given the opportunity to present evidence in support of their positions.

(iii)

The arbitration panel shall rule on the compensation claim within 30 days of the close of the meeting described in subsection (f)(6)a.10.(ii) of this section. In making its determination, the arbitration panel shall consider the evidence and argument of the parties consistent with the remedial purposes of this chapter.

(iv)

The award of the arbitration panel shall be final and binding. The successful party may petition county circuit court for judgement affirming the award pursuant to the provisions of Wis. Stats. ch. 788.

(v)

The permittee shall be responsible for the costs of the arbitration proceedings unless it is the prevailing party, in which event, it shall be reimbursed by the relevant Groundwater Protection Fund for the fees and disbursements of the third arbitrator.

6.

Distributions from the Groundwater Protection Fund shall be in addition to, and not in lieu of, other compensations which may be available to a private well owner, but in no case shall distributions be made other than for actual damages and/or expenses for which compensation or reimbursement has not been received from another source.

7.

Nothing in this chapter or the Groundwater Protection Fund created hereunder shall be deemed to be a property right of a property well owner. Distributions from the Groundwater Protection Fund are qualified by and limited to available monies. Nothing contained herein shall obligate the town to maintain a fund in amounts sufficient to compensate private well owners.

(7)

Emergency water provisions. The town board shall have authority under this chapter to require a permittee to provide emergency water supplies to town residents, including farms for livestock use, in all cases where it is reasonably determined by the town board that the operation of the community, municipal, public and/or high-capacity water system has depleted, contaminated, or has otherwise caused the loss of an adequate water supply. The exercise of the emergency powers herein are in addition to all other powers granted to the town board under this chapter, or as authorized by law.

(8)

Private well permits. A permit accompanied by a permit fee established by resolution shall be required from the town prior to anyone drilling, redrilling, renovating, rehabilitating or replacing a private well in the town. No permit is required for the replacement of a private well pump. The town shall maintain a permanent record of all permits issued under the provisions of this section. This record shall be available for public inspection. All permit fees shall be maintained by the town in a segregated fund, whose use shall be limited to groundwater protection activities as approved by the town board.

(9)

Nonexclusivity. Adoption of this chapter does not preclude the town board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matters. The jurisdiction and duties defined herein shall not preclude the town board or any other town officer from proceeding under any ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.

(10)

Enforcement. The town board shall have the authority to institute the appropriate action or proceedings to prevent, restrain, correct or abate a violation of this chapter. Enforcement remedies created by this chapter are cumulative and shall be in addition to all other remedies available under law. Any person who violates any provision of this chapter or any order, rule, or regulations promulgated shall, upon conviction, be fined not less than $100.00, nor more than $1,000.00, for each offense, together with the costs of prosecution. Each day that a violation continues shall be considered a separate offense.

(11)

Interpretation. The provisions of this chapter shall be considered minimum requirements. Where the provisions of this chapter impose greater restrictions than any statute, other regulation, ordinance, or covenant, the provisions of this chapter shall prevail. Where the provisions of any statute, other regulation, ordinance or covenant impose greater restrictions than the provisions of this chapter, the provisions of such statute, other regulation, ordinance or covenant shall prevail.

(12)

Severability. If any provision of this chapter is invalid or unconstitutional, or if the application of this chapter to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application.

(Ord. of 10-24-2017, § 13-2-7)

Editor's note

Former § 13-2-7(f) was created by Ord. of 9-23-2010.