To protect the public water supply of the city from contamination from private wells, preserve the integrity and viability of the entire public water system, and to protect the health, safety and public welfare of the community:
(A) Permitted, minimum requirements. Wells are permitted on properties that meet one of the following minimum standards:
(1) The property is a minimum of five acres.
(2) Contiguous properties, in common ownership, meeting the definition of a zoning lot as defined in § 159.002, which together total a minimum of five acres.
(3) The property or zoning lot is a minimum of three acres and:
(a) Protected in whole or part by a recorded conservation easement(s) or other recorded easement established for the purpose of preserving and protecting trees, landscaping or open space; or
(b) Included in a Local Historic District or designated, in whole, or in part, or is designated as a local landmark; or
(c) A variance to allow the installation of a water well is granted for the property, under the provisions of § 159.042, based on unique garden or natural features of the site.
(B) Permitted, general requirements. All of the following minimum requirements shall be met:
(1) Only one well is permitted on a zoning lot.
(2) Wells and all associated structures shall be located wholly on private property and in conformance with applicable zoning setbacks.
(3) Wells shall be separated from any habitable residential structure by a minimum distance of 20 feet.
(4) Notice shall be posted within five feet of the well structure stating that water from the well is safe for irrigation only and is not treated for human consumption.
(5) The property owner must sign a hold harmless agreement, in a form approved by the city, to hold the city harmless in the case of any claim arising from the use of well water. The document shall be recorded on the property deed.
(6) Any manholes or other above-ground openings located below the BFE must be watertight.
(C) Prohibitions.
(1) Wells shall not be used for obtaining or storing water for human consumption.
(2) Water from a well shall not be piped in to any habitable structure.
(3) Water from a well shall not be used in irrigation systems located within ten feet of a habitable residential structure.
(4) No physical connection or cross connection is permitted between an irrigation system which is connected to a well and:
(a) The public water system, or
(b) A residential potable water system.
(5) Hose connections are prohibited on any portion of an irrigation system which is connected to a well.
(6) No well may draw water from a deep aquifer, as determined by the State of Illinois or the Director of Public Works.
(D) Application process. Application for a private well shall be made on a form provided by the city and submitted to the city’s Community Development Department. The application shall include the following:
(1) Legal survey of the property.
(2) A detailed plan indicating the proposed location and depth of the well, the location of any existing or proposed irrigation systems, details of all proposed water connections, pump houses and tanks.
(3) Information on the size of the proposed well.
(4) Application for an electrical permit and electrical contractor information.
(5) Documentation of approval, or pending approval from the Lake County Health Department.
(6) Demonstration of prior approval from all required State of Illinois regulatory agencies.
(7) If a pond is proposed, all required permit applications and documentation must be submitted to allow review of the proposed pond. All necessary permits must be obtained.
(8) Any additional materials or information deemed necessary by the Director of Public Works or Director of Community Development.
(E) Approval process. Applications that are determined to meet the standards and requirements of this section may be approved subject to the following requirements being satisfied in the determination of the Director of Public Works and Director of Community Development:
(1) The property owner authorizes the city to, from time to time, at all reasonable hours, as deemed necessary to assure the public health and safety, to conduct on site inspections.
(2) Documentation of final approvals from all applicable State of Illinois and Lake County agencies are filed with the city.
(3) Prior to authorization to operate the well, a report from the well drilling contractor must be submitted and will be subject to review and approval by the Director of Public Works.
(4) Submittal, on an annual basis, of satisfactory results from RPZ testing shall be submitted to the Director of Community Development verifying no cross connections or other threats to the public water system exist.
(F) Non-use; change of use.
(1) If a well ceases to be used for a minimum of two consecutive years, the city may require the well to be decommissioned or abandoned at the sole cost of the property owner.
(2) If application is made for subdivision of property on which a well is located, the application shall demonstrate that the minimum standards for water wells will continue to be fully satisfied. If the minimum standards are not met, the well shall be decommissioned or abandoned as a condition of the subdivision and prior to the recording of the subdivision plat.
(G) Decommissioning; abandonment. The following minimum requirements shall be met during the process of decommissioning or abandonment:
(1) Prior to decommissioning or abandonment, a notice of intent to decommission or abandon must be filed with the Director of Community Development.
(2) All decommissioning or abandonment shall be done in accordance with all applicable requirements of all appropriate regulatory agencies of the State of Illinois and Lake County. Prior to the abandonment of a well, the well owner must obtain permission from these regulatory agencies to do such work and in turn, notify the city of his or her intention to abandon a well prior to the actual work.
(3) Upon completion of the decommissioning or abandonment, the city shall conduct an on-site inspection and upon a determination that all applicable requirements are satisfied, the city will issue a notice of closure.
(4) After a notice of closure is issued, the property owner shall file all required documents with the appropriate regulatory state and county agencies and with the city.
(H) General prohibition. Except as otherwise expressly authorized in this section, no new water well shall be permitted in the city.
(I) Violations; penalties. Any person who fails to comply with any provision of this section shall be subject to fines and penalties in the maximum amount authorized under the city code for each violation. Each instance of non-compliance with separate provisions of this section shall be deemed a separate violation. Each day that a violation continues shall be deemed a separate violation.
(Prior Code, § 44-41) (Ord. 1514, passed 6-3-1985; Ord. 2015-25, passed 4-20-2015; Ord. 2015-57, passed 10-5-2015)