(A) Statutory authorization, policy and prohibitions.
(1) Statutory authorization. This chapter is adopted pursuant to the authorization and policies contained in state statutes, state regulations and the planning and zoning enabling legislation in M.S. Ch. 462, as it may be amended from time to time, and is consistent with Minn. Rules Ch. 4714, as it may be amended from time to time.
(2) Policy.
(a) The use of wells for potable use of water within the overlay district surrounding the city’s landfill affects the public health, safety and general welfare of those affected within the overlay district.
(b) Therefore, it is in the best interest of the public health, safety and welfare to provide for the wise subdivision, use and development of wells within the overlay district, and restricting the use of wells to non-potable purposes only and, thus, to preserve and enhance the public health, safety and welfare of the residents within the overlay district.
(c) The city is committed to provide for the development of the water distribution system within the overlay district so that all of those affected within the overlay district shall have the city water distribution system accessible to their buildings and/or premises, thus requiring connection to the city- wide water distribution system for all potable purposes.
(3) Prohibitions.
(a) Therefore, any water well taken out of service by an entity connecting to the city-wide water distribution system must either be maintained for a non-potable use such as irrigation, or sealed and abandoned in accordance with the state’s Water Well Construction Code.
(b) In accordance with other provisions of this city code, no water pipe of the city water system shall be connected with any pump, well, pipe, tank or any device that is connected with any other source of water supply.
(B) General provisions and definitions.
(1) Jurisdiction. The provisions of this chapter shall apply to the overlay district as defined in division (B)(4) below.
(2) Compliance. Owners of property within the overlay district for which the city’s public water supply system is or becomes accessible must connect to the city water supply, shall comply with the prohibitions set forth in division (A)(3) above and shall not use any well on such property for potable water purposes.
(3) Enforcement. The City Engineer is responsible for the administration and enforcement of this chapter. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity.
(4) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSIBLE. Available for user connection within 150 feet of any buildings and/or premises included as part of any new or existing development located within the overlay district.
OVERLAY DISTRICT. Sublots 17 through 23 and Sublots 26 through 39, Section 4, Township 132 North, Range 43 West, Otter Tail County, Minnesota.
POTABLE WATER. Water which is or may be used as a source of supply for human consumption, including drinking, culinary use, food processing and other similar purposes.
(2002 Code, § 7.33) (Ord. 58, Sixth Series, effective 9-15-2006)