(A) It is necessary for the health, well-being and welfare of the citizens of the city that the drilling of wells within the corporate limits be controlled.
(B) The term PERSON shall include individuals, corporations and organizations of any kind.
(C) No person shall drill or have drilled, nor shall any person permit a well to be drilled on property which that person owns or under the control of the person, without first obtaining a permit from the City Council.
(D) A person seeking issuance of a permit hereunder shall file an application for a permit with the Water Commissioner. The application shall be made in writing, upon forms provided by the Water Commissioner and shall be filed in the office of the City Clerk-Treasurer.
(E) The application shall set forth:
(1) A description, including dimensions of the well to be drilled;
(2) The legal description of the tract of land on which the well is to be drilled; and
(3) Any additional information which the City Clerk-Treasurer shall find necessary to a fair determination of whether a permit should be issued.
(F) No permit shall be issued by the City Council unless the applicant shall show that the permit is necessary to the applicant; is not and will not become detrimental to the health, safety and well-being of the residents of the city; and it is not feasible to use the city water supply. The City Clerk-Treasurer shall, at the time of filing an application, collect a fee as set by resolution of the City Council; the fee shall be credited to the General Fund. Upon the written recommendation of the Water Commissioner for approval of the permit, the City Council shall issue the permit within 48 hours after the next regular Council meeting, unless the City Council shall otherwise order.
(G) If any application for permit be disapproved or if any resident shall file written objection to the issuance of the permit with the City Clerk-Treasurer before the next regular Council meeting after approval, the application together with all materials associated therewith shall be presented to the City Council at its next regular meeting. The City Council shall thereupon determine whether the permit shall be issued or denied.
(H) The provisions of this section shall not apply to any well drilled when its sole purpose and function is its utilization in a closed loop heat pump system.
(1998 Code, § 3-119) (Ord. 1081, passed 5-28-2019)