ARTICLE VI. DESIGN STANDARDS

DIVISION 1. GENERAL LAYOUT AND DESIGN

Sec. 20.5-73. Water.

Requirements for the provision of water within subdivisions are as follows:

(a) Public water. Where public water is available in accordance with other provisions of the Code, it shall be extended to all lots within a subdivision, including recreation areas, but not to remnants unsuited for building.

(b) Central water system.

(1) Where lot sizes are less than two (2) acres and public water is not available, the subdivider of any major subdivision shall construct a central water system including distribution lines, storage tanks and facilities, and supply facilities within the subdivision. Upon completion of the improvements and after receiving acceptable test results, the water system together with all necessary easements and rights-of-way shall be dedicated to the county, or other entity acceptable to the county, by deed which is acceptable as to content and form to the county attorney, with an accompanying plat.

(2) The agent may waive or modify the requirement to construct and dedicate a central water system upon making the following findings:

a. The minimum size of the lots is sufficiently large as to make the installation of a central water system unnecessary;

b. The health department has approved an individual well location on each proposed lot;

c. Groundwater resources will be at least equally protected by individual wells as they would be by a central water system; and

d. Alternative sources of water, acceptable to the department of public safety, are available or will be provided for fire suppression purposes.

(c) Individual wells. Where subdivision lots are to be served by individual wells, the proposed locations of all individual wells shall have been approved by the health department and the subdivider shall provide to the county a general quantitative and qualitative analysis of the water to be available from the proposed well locations.

(d) Construction standards.

(1) All water supply systems shall be constructed in accordance with all applicable construction standards promulgated by the health department or as contained in the Code and policies adopted by the county pursuant thereto. A construction permit shall be issued by the county administrator prior to the commencement of construction.

(2) Construction, installation, and maintenance of water systems shall be exempt from the provisions of section 20.5-85 of this chapter provided that:

a. To the degree possible, the location of water system lines, facilities, and equipment should be outside of the resource protection area.

b. No more land shall be disturbed than is necessary to provide for the desired utility installation.

c. All such construction, installation and maintenance of water utilities and facilities shall be in compliance with all applicable state and federal permits and designed and conducted in a manner that protects water quality.

d. Any land disturbance resulting from the construction, installation, and maintenance of water systems which exceeds an area of two thousand five hundred (2,500) square feet shall be undertaken only after approval of an erosion and sediment control plan prepared, submitted, and reviewed in accordance with chapter 10, Erosion and Sediment Control, of this Code.

(e) Fire protection. Fire hydrants shall be installed in subdivisions at locations designated by the agent, in consultation with the department of fire and life safety, at the time of an extension of public water or construction of a central water system. Where the subdivision is to be developed with individual wells, the agent, in consultation with the department of fire and life safety, may require that alternative sources of water for fire suppression purposes be made available including construction of a fire suppression well system, provision of "dry" hydrants, and/or easements granting access to water sources. All fire hydrants located within a road right-of-way shall be placed between one foot (1') and three feet (3') from the edge of such right-of-way.

(f) Off-site water facilities costs. The subdivider shall be required to pay a pro rata share of the cost of providing reasonable and necessary water facilities and improvements located outside of the property limits of land owned or controlled by him whenever all of the following conditions exist:

(1) The county determines that such off-site improvements are necessitated at least in part by the construction or improvement of the subdivision.

(2) The county or other appropriate authority has established a general water facilities improvement program for an area having related and common water service and facilities conditions.

(3) The subdivider's property is located within said designated area covered by such program.

(4) The estimated cost of the total water facilities improvement program has been determined.

(5) The total estimated water flows have been established for the designated area served by such program.

The subdivider's share of the above-estimated cost of improvements shall be limited to the proportion of such estimated cost which the volume of water to be used by his subdivision bears to the total estimated volume in such area in its fully developed state.

Any cash payment received by the county shall be expended only for construction of those facilities identified in the established water facilities improvement program and until so expended, shall be held in a separate account for the individual improvement program.

(Ord. No. 05-33, 12/20/05)

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