Nevada County Municipal Code Ch. 8 Water Availability for Division of Land

The requirements of this Chapter shall apply to the determining of adequacy of water supply for any division of land in the County of Nevada approved as a tentative map after the adoption of this Chapter.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

For any proposed division of land where water is to be supplied by individual wells, the following standards shall be applicable as conditions of approval of the tentative and the final map:

A. For any division of land, the subdivider shall drill wells on a percentage of the lots and submit a Water Well Driller's Report indicating water availability in a quantity and quality adequate for domestic purposes. For purposes of this Section, quantity adequate for domestic purposes is a minimum of three (3) gallons per minute, as determined under procedures in Section 15.05.050 Water Well Driller's Reports for existing wells on the land to be divided may be used as part of this percentage where the "Date of Completion" disclosed on the Water Well Driller's Report is dated within one (1) year of the submittal of the land use application to the planning agency. Where the Water Well Driller's Report does not meet the aforementioned requirement or where a Water Well Driller's Report is not available, a valid report from a pump test conducted in accordance with Section 15.05.050 may be submitted. Such pump test report shall be accompanied by the Water Well Driller's Report if the driller's report is available.

In the event that the number of parcels in the subdivision is not evenly divisible by ten (10), an additional well shall be required for any remaining fractional requirement. When test wells are drilled, they shall be dispersed throughout the site in a manner approved by the enforcement agency in order to give a representative sample of groundwater availability on the lots.

The percentage of parcels requiring studies and wells are as follows:

With Planning Agency Application

1. Submit a licensed geologist's report to the enforcement agency certifying that groundwater adequate in amount to meet this Chapter for domestic water supply is available to every parcel in the subdivision; or

2. Drill wells on ten percent (10%) of the parcels and submit a Water Well Driller's Report indicating water availability.

PRIOR TO RECORDATION MINIMUM PARCEL SIZE

For divisions of land creating parcels of more than twenty (20) acres, proof of availability of groundwater shall only be required where the enforcement agency deems it necessary based on evidence of groundwater shortages in the area of the proposed subdivision.

B. For any division of land where water supply is to be by individual wells, every parcel map and final map to be recorded shall bear a statement that there is no guarantee that water is available on any lot or parcel on the recorded map.

C. Conditional Use Permit, Site Plan, General Plan Amendment and Zone Change. The information required will be on a case-by-case basis. With the Planning Agency application, the results of water resource studies representative of the area shall be provided as required by the enforcement agency.

D. Area Variance. The information required will be on a case-by-case basis.

E. Environmental Impact Report. If drilled wells are proposed, water resource information on each and every parcel of the project shall be provided at the time of application. This requirement may be waived if the enforcement agency has determined it possesses adequate information on said water resources.

F. For any land use project proposing to create a public water system, a Preliminary Basis of Design shall be submitted at the time of application to the planning agency. Said design shall include as a minimum the following information:

1. Information on source availability, including total quantity and quality of water available.

2. Projected water quantity demands, including peak flows, fire flows, and other applicable flows.

3. Storage requirements.

4. Specifications on well construction demonstrating compliance with this Chapter.

5. Proposed treatment facilities, if any.

6. Proof of financial responsibility in accordance with the California Safe Drinking Water Act (Cal. Health & Safety Code §§ 116760—116762.60).

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

For any division of land where an approved public water supply system is available within two hundred (200') feet of the parcels, said parcel shall be connected to the approved system unless water meeting California Drinking Water Standards is proven to be available from other sources.

A "will serve" letter from an approved water supply system shall be provided with the application to the planning agency. Proof of service from an approved water supply system shall be provided before final approval of the map can be given.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

For any division of land where a public water system is to be created for the supply of water, either a public entity shall be formed, or the system must be approved for inclusion in an existing public entity. Said entity shall comply with the provisions of the California Health and Safety Code, California Code of Regulations, and/or Government Code for the creation of such entities. The formation of said entity shall be a condition of approval for the tentative map.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))