§ 51.10 DRILLING FOR POTABLE WATER WELLS PROHIBITED.
   (A)   For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      WATER WELL. Any system used to pump, access or otherwise bring to the surface underground sources of water existing under, upon or within the confines of any premises located within the corporate boundaries of the town, for the purpose of human consumption or other use, and which device is installed after the effective date of this section.
   (B)   The installation of any private water well intended for potable human consumption upon any premises located within the town is prohibited, provided that the installation shall not include the redrilling of any well existing at the time of the passage of this section, subject to provisions of division (C).
   (C)   No person, including any corporation, partnership or association, shall drill or otherwise install any water well within the town in violation of this section. Violations of this section shall be punishable by a fine not to exceed $500. Each day that such person continues to operate any such water well which has been installed in violation of the terms of this section is deemed to be a continuing and separate violation.
   (D)   Any well not intended for human potable purpose, the redrilling of any existing well, or any potable private water well not otherwise provided for within division (B), may be installed within the town, subject to the following requirement: Such well must be installed and screened in the deep aquifer beneath the regional till. Drilling techniques to prevent drawing potentially impacted ground water from the shallow aquifer to a deeper depth must be used when installing any such well. Geological observation must be made and supported with documentation to confirm that the well is installed and screened below the confining till.
   (E)   Nothing in this section shall be construed as requiring the town or the town water utility to install or provide any water improvements or service to any person or premises which are not otherwise currently in existence at the time of passage of this section.
(Ord. 2011-22, passed 9-26-11)