Fayette Source Water Protection ordinance (§ 405.370)

A. Definitions. When used in this Section, the following words and phrases shall have the meanings given in this Subsection:

HAZARDOUS WASTE OR MATERIAL: Any waste or material which because of its quantity, concentration or physical, chemical or infectious characteristics may:

1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

2. Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of or otherwise managed.

REGULATORY AGENCY: Any governmental agency with jurisdiction over hazardous waste, storage tanks and public drinking water and all other environmental aspects as jurisdiction specifies.

SANITARY LANDFILL: A disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.

B. Establishment Of Source Water Protection Area. There is hereby established a use district to be known as a "source water protection area," and described as all the area within the delineation area of the source water protection plan, for the City water supply or any part thereof which the City has jurisdiction.

C. Permitted Uses. The following uses shall be permitted within the source water protection area:

1. Any use permitted within existing agricultural, single-family residential, multi-family residential, and commercial districts so long as said uses conform to the rules and regulations of the regulatory agencies.

2. Any other open land use where any building located on the property is incidental and accessory to the primary open land use.

D. Prohibited Uses. The following uses or conditions shall be and are hereby prohibited within the source water protection area, whether or not such use or condition may otherwise be ordinarily included as part of a use permitted by State, Federal and local regulatory agencies.

1. Surface use or storage of hazardous material, not to include the use of agricultural pesticides, herbicides, and fertilizers, as long as such chemicals are applied as recommended by the manufacturer.

2. Septic tanks or drain fields appurtenant thereto.

3. Impervious surface other than roofs of buildings, streets, parking lots, driveways, and walks serving buildings permitted under Subsection (E) of this Section.

4. Sanitary landfills.

5. Hazardous waste disposal sites.

6. Stormwater infiltration basins.

7. Underground storage tanks, unless installed according to regulations of State and Federal regulatory agencies.

8. Improperly abandoned wells.

E. Administration. The policies and procedures for administration of any source water protection plan established under this Section, including, without limitation, those applicable to non-conforming uses, exceptions, enforcement and penalties, shall be the same as provided in the existing zoning ordinance for the City of Fayette, as the same is presently enacted or may from time to time be amended.