ARTICLE III. PRIVATE WATER SUPPLY SYSTEMS

Section 22-81. Private water systems generally.

(a) After the effective date of this chapter, the construction or installation of private wells or water systems intended or used to supply potable water is prohibited except as authorized in paragraph (b) of this section.

(b) Individual wells on each lot, when approved by the Health Department, may be used as a source of potable water in the following instances:

(1) On all premises with an existing well in operation on the effective date of this chapter as long as no new or expanded development is proposed on the premises which exceeds the existing well capacity and when all requirements of this chapter and the Health Department are met;

(2) For single family detached residential units constructed on existing lots which are not defined as premises having service available;

(3) For new residential subdivisions of five lots or less, meeting the requirements of the Zoning and Subdivision Ordinances for lot size which result from the division of property which is not a premises having service available;

(4) For new residential subdivisions, regardless of the number of lots, when all lots within the subdivision are greater than two (2) acres in size and when the property to be subdivided is not a premises having service available; and

(5) For new commercial or industrial development (not involving a subdivision of property) on parcels or lots existing on the effective date of this chapter when such parcel or lot is not defined as premises having service available.

(c) In all cases other than those listed in paragraph (b) of this section, public water shall be provided. Except as provided in paragraph (d) of this section, all private wells or water systems shall be constructed, expanded, or enlarged only in accordance with the requirements of this chapter and the Health Department for public water systems.

(d) For developments described in paragraph b(4) above containing or proposed to contain in the future ten (10) lots or more and for development described in paragraph b(5) above when the structures are proposed to exceed 20,000 square feet in the aggregate, a source of water and facilities necessary to satisfy the fire protection requirements of the county shall be installed in addition to any other applicable requirements.

(e) The county may negotiate with a developer of any private water system for the acquisition and maintenance of such system upon or after the completion of construction. Such acquisition by the county may be in lieu of any required performance guarantee for continued operation required of the developer. Nothing in this section will be deemed to require the county to accept or operate any water system.

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