(A) From and after the effective date hereof, no person shall drill a water well within the corporate limits of the town, except as hereinafter provided, or unless such water well is being drilled by a federal, state, county, municipal government or other political subdivision. No person shall operate, use, maintain, repair or replace any water well drilled in violation of this chapter.
(B) The Town Council may, upon application, grant a permit for the drilling of a water well. Any application shall state the name of the applicant, the location of the well, and the reason for the request, addressing the facts described below.
(1) Any such permit application shall be accompanied by a fee of $25.
(2) The Town Council, in its discretion, may grant the permit after considering the following factors:
(a) Whether the applicant has available water from any other source and/or the quality and quantity of water being provided from such other source;
(b) Whether the applicant would suffer undue hardship if the Town Council did not grant the permit;
(c) The effect of granting such permit on the town water supply;
(d) Whether the applicant demonstrates that such water well will comply with all applicable federal, state, county and municipal laws and regulations;
(e) Whether the granting of such permit is in the best interest of the inhabitants of the town; and
(f) Whether the applicant will use such water for household and personal consumption or some other use.
(C) If the Town Council grants the permit as provided herein, it may place such reasonable conditions, regulations, requirements and restrictions on such permit as it deems appropriate for the protection of the public.
(D) Households currently receiving their water supply from a water well shall not be compelled to subscribe to the town’s water system; however, should stated water well cease to function, the above stated conditions apply.
(Ord. 96-02, passed 4-1-1996) Penalty, see § 51.99