(A) The county shall perform a water resource impact review on all proposed development or redevelopment to assure compliance with the provisions of this chapter.
(B) The water resource impact review will assess whether the water resource management area will be protected from contaminants and activities which pose an adverse effect on general health, safety, and welfare. In addition the review will assess the impact to the quantity of the water resource. In making the determination, the county shall consider the simplicity, reliability, and feasibility of the control or mitigation measures proposed and the degree of threat to the water resource which would result if the measures fail. The development or redevelopment may not be approved unless it is shown that the water resource management area:
(1) Will be protected from any pollutants used on the property which pose an adverse effect to the health, safety, or welfare of persons;
(2) Will not have proposed activities which violate drinking water standards promulgated by MDE and the Environmental Protection Agency (EPA);
(3) Will not be altered in a manner which will significantly reduce the rate of predevelopment recharge to the property; and
(4) Will not be altered so as to create an adverse public health, safety, or welfare concern.
(C) The applicant shall provide a water resource protection easement for all stream buffers and wellhead or well site buffers according to the Manual. The easement shall be included on the final plat and conveyed to the county at the time of recordation of the plat. If no plat will be provided, the developer shall provide an exhibit plat or the metes and bound description for the easement which will be attached to the deed of easement. Prior to acceptance by the county of an easement, the county may require that adequate fencing or other protective measures be implemented and will require the perimeter be staked with approved signage to prevent violations of the easement from occurring.
(2004 Code, § 218-7) (Ord. 04-08, passed 4-1-2004; Ord. 07-08, passed 5-3-2007; Ord. 2022-12, passed 8-25-2022)