Fairfax Municipal Code Ch. 8.40 Water Well Construction

No person shall drill, construct or reconstruct any groundwater well or test well without first submitting an application to and receiving a permit from the Town Manager of the town. The application shall be on a form provided by the town and shall provide information sufficient to determine that the well will comply with the provisions of this chapter, all laws of the state and rules and regulations issued thereunder. The application shall be accompanied by a fee as set forth by resolution adopted by the Town Council.

(Prior Code, § 8.30.010) (Ord. 582, passed - -1989; Am. Ord. 583, passed - -1989)

Applications for water well construction shall comply with the following.

(A) All applications shall be signed by the owner of the property or the owner’s agent, upon which the project is to be constructed.

(B) Attached to the application shall be plans and drawings for the project which will clearly show the project anticipated, a plot plan showing exterior boundaries of the property on which the project is planned with size and locations of all structures thereon, date of commencement and date of completion proposed for water well construction and the appropriate filing fee.

(Prior Code, § 8.30.020) (Ord. 582, passed - -1989; Am. Ord. 583, passed - -1989)

Upon payment of the appropriate fee, the original and ten copies of the application, including all attachments, shall be filed with the Town Manager. Copies will then be forwarded to the Planning Director, the Building Inspector, the Town Engineer and members of the Town Council.

(Prior Code, § 8.30.030) (Ord. 582, passed - -1989; Am. Ord. 583, passed - -1989)

(A) Except during periods of a water moratorium declared by Marin Municipal Water District, water from groundwater wells can be used only as a water source for irrigation, landscaping and other non- potable uses.

(B) When Marin Municipal Water District declares a water moratorium on the issuance of water permits, water from the groundwater wells may be used for potable purposes to allow construction of a single-family house on an existing lot of record during the period of the moratorium subject to the conditions set forth in § 8.40.060 of this chapter.

(C) Storage tanks shall be prohibited.

(Prior Code, § 8.30.040) (Ord. 582, passed - -1989; Am. Ord. 583, passed - -1989)

Shallow water wells which draw water from the underflow of the stream could have an effect on the surface flow of the stream. Therefore, drilling of wells along creeks within the town shall be regulated and no well can be drilled within 100 feet of either Fairfax or San Anselmo Creek.

(Prior Code, § 8.30.050) (Ord. 582, passed - -1989; Am. Ord. 583, passed - -1989)

(A) Prior to a well drilling permit being issued by the Town Manager, the following findings must be made:

(1) The project contemplated in the application shall not be likely to create any private or public nuisance or cause any damage to real property; and

(2) In the construction of the project there shall be no substantial interference with the quiet and peaceful environment of neighboring property.

(B) The Town Manager may impose such other conditions as deemed necessary for the protection of the public health, safety and welfare, and the property rights of others, including, but not limited to:

(1) When a permit for use of potable water is granted for construction of a single-family house, all connecting pipes and appurtenances must be installed and connection to the Marin Municipal Water District system shall be required once the moratorium is lifted.

(2) (a) Prior to any potable test well being brought into production it must meet all appropriate requirements of the county’s Health Services Department, including the requirement for a backflow prevention device. Further, reports must be furnished by a hydrologist or other recognized professional that will allow a determination on the impact of the proposed well on surface water or groundwater. In addition, the standards set forth in Bulletin 74-81 issued by the state’s Department of Water Resources shall apply to all water wells, cathodic protection wells and monitoring wells in the town.

(b) Should the standards contained in this chapter and the standards contained in Bulletin 74-81 be in conflict, the more strict standards shall apply.

(3) There should be no septic tanks in use on properties adjacent to the proposed well site.

(Prior Code, § 8.30.060) (Ord. 582, passed - -1989; Am. Ord. 583, passed - -1989)

At the time of issuance of the well permit, the applicant shall execute a hold harmless agreement relieving the town, its officers, agents and employees of any liability for damages resulting from the construction and use of the well and the water supplied thereby. The agreement shall bind the applicant and successor owners of the property and shall be recorded in the office of the Marin County Recorder.

(Prior Code, § 8.30.070) (Ord. 582, passed - -1989; Am. Ord. 583, passed - -1989)

(A) (1) Should the application for permit be denied, the applicant or any other person directly interested may appeal the ruling to the Town Council.

(2) The appeal must be filed within ten days of the ruling of the Town Manager and a hearing held by the Town Council at the next available meeting.

(B) If the application is granted by the Town Manager, that filing may also be appealed to the Town Council under the same terms.

(C) At the hearing, the Town Council shall consider the application, all reports and evidence provided at the hearing, and either approve or deny the permit.

(Prior Code, § 8.30.080) (Ord. 582, passed - -1989; Am. Ord. 583, passed - -1989)

All percolating groundwater recovered from water well construction shall be used only within the boundaries of the property it will serve. In no case shall water taken from a site in Fairfax be transported out of the town limits.

(Prior Code, § 8.30.090) (Ord. 582, passed - -1989; Am. Ord. 583, passed - -1989)