Chapter 13.08 — WATER WELLS

The purpose of this chapter is to protect the health of the residents of the town by regulating the placement of water wells a safe and sanitary distance from waste disposal systems within the town.

(Ord. 89 §1, 1983)

The following terms as used in this chapter are, for the purpose of this chapter, defined as set forth in this section:

A.

"County health officer" means the legally designated health authority of the county or his/her authorized representative.

B.

"Open space easement" means an area of land beyond required setbacks within which no septage system, leach field, cesspool or seepage pit can be installed or used.

C.

"Water well" means a well used to supply water for residential or commercial needs of an individual or business, including community wells used by any irrigation or water district.

(Ord. 89 §2, 1983)

After the effective date of the ordinance codified in this chapter, no person shall dig, drill, bore or drive or cause to be dug, drilled, bored or driven, any water well within one hundred feet of any property line without written approval of the county health officer. No approval shall be given for placement of any water well within one hundred feet of a property line unless an open space easement is granted by the affected adjacent property and the easement is recorded with the county recorder's office. No such easement shall be required on affected portions of adjacent properties which could not utilize individual sewage disposal because of topography, soil conditions or other factors. In addition, no open space easement is required for portions of the one hundred foot water well setback within any required setback on adjacent parcels.

(Ord. 89 §4, 1983)

Any person affected by the decision of the county health officer may appeal in writing the decision to the town council within fifteen calendar days of the decision. The town clerk shall set a time and place for the appeal hearing and a notice shall be given to the person appealing at least ten days prior to the hearing. The decision of the council is final and binding.

(Ord. 89 §5, 1983)

The passage of the ordinance codified in this chapter does not abrogate nor annul the application of Chapter 8.36.

(Ord. 89 §3, 1983)

Any person violating any provision of this chapter shall, on conviction, be guilty of an infraction punishable by:

A.

A fine not exceeding fifty dollars for a first violation;

B.

A fine not exceeding one hundred dollars for a second violation within one year;

C.

A fine not exceeding two hundred fifty dollars for each additional violation within one year.

(Ord. 89 §6, 1983)