§ 42-145. Issuance of permits.

(a)

It is the responsibility of the inspector to review and approve or disapprove all applications for drilling permits based on the criteria established by this article.

The inspector, within ten days after the filing of a completed application and remittance of all fees, insurance and security per the requirements of this article for a permit shall determine whether or not the application complies in all respects with the provisions of this article.

In addition to any other requirements outlined in this article, the inspector shall determine if the proposed well to be drilled or the facility to be installed will meet regulations set forth in section 42-121 of the City Code.

All water wells for nonmunicipal use in the city shall be drilled and operated in conformity with the following regulations:

(1)

The well hole shall not have maximum depth in excess of 200 feet from the ground surface.

(2)

The well borehole shall not have a maximum diameter in excess of six inches.

(3)

No windmill shall be erected or used as a means of pumping water from the well.

(4)

The well shall be located only in the backyard of the premises. No well shall be permissible in the front yard or the side yards of any premises within the city.

(5)

The pumping device used to raise water from the well shall not have a maximum height of more than seven feet above ground level, and shall not have a maximum pumping capacity in excess of 30 gallons per minute.

(6)

The well opening, pumping facilities and storage tanks shall be housed in a manner to comply with all applicable codes.

(7)

The plumbing and electrical connections to the well shall be in conformity with all requirements of the building codes.

(8)

The well, pumping facilities and water system connected thereto shall be subject to inspection by the city at any and all reasonable times.

(9)

No such well shall ever be connected to the municipal water system.

(10)

Water from such well shall be used only for nondomestic purposes. Nondomestic purposes, used in this section, shall mean for purposes other than human consumption and/or connection to plumbing facilities used within residential and public buildings of all kinds for preparation of food for human consumption and/or washing of utensils used in cooking or serving food for human consumption and clothing for human wear and/or disposal of waste into the municipal sewer system.

(11)

Water from such well shall be used only for the nondomestic uses of the owner of the premises where the well is located and no water from such well shall be given away or sold to other persons.

(12)

If the city, after investigation, determines that water from such well is being discharged in any manner by drainage or seepage or otherwise into the municipal sewer system, an additional sewer charge will be made to such premises to reasonably compensate the city for handling such discharge.

(13)

Such well shall be drilled and operated in conformity with all municipal, county and state health and safety laws, rules and regulations, which compliance shall be the responsibility of the owner or owners of the premises where the well is located.

(14)

Water faucets connected with such well, whether located at the well head or otherwise, shall be enclosed and locked when not in use so that children or other unknowing persons cannot drink therefrom.

(15)

During any time of rationing of water usage from the municipal water system, the premises where any such well is located shall have a legible sign placed in the front yard of the premises to inform both the public and municipal officials that a private well is in operation on said premises.

(b)

If a hardship has been granted by the city council and all the requirements of this article are met, the inspector shall issue a permit for the drilling of the well or the installation of the facilities applied for.

(c)

If the inspector denies a permit application he shall notify the operator in writing of such denial stating the reasons for the denial. Operator may, within 30 days of the date of the written decision of the inspector to deny the permit, file an appeal to the city council under the provisions outlined in this article pursuant to section 42-148, "Appeals" of this article.

(Ord. No. 2002-01, § 1.7, 2-5-02)