(A) No person, firm or entity shall cause, allow, suffer, permit, construct or maintain any sewers, drains, privies, cesspools, septic tanks or any other above or below ground potential source of dangerous contamination to a municipal water well within a 200-foot radius of a municipal water well or a proposed municipal water well site.
(B) This section is not to be construed as prohibiting the use of the land subject to this section for any purpose, providing such use does not represent any potential source of dangerous contamination to said municipal well.
(C) This section is to be in addition to any zoning or subdivision control ordinance pertaining to said activities and/or any other state, federal, county or other local ordinance, rule, regulation or statute.
(D) For the purposes of this section, an existing or proposed municipal water well shall consist of the well sites described on Exhibit A, which is on file in the office of the Clerk-Treasurer, and the 200-foot radius shall be as described thereon. This section shall also apply to any future well sites or future proposed well sites, provided the actual site of any such future well is located upon municipally controlled land, there are no existing sources of contamination within the 200-foot radius at the time of declaration of the site as proposed well site, and the municipality shall adopt a resolution describing the proposed well site and records the same with the County Recorder within ten days after adoption of the resolution.
(E) Violations of this section may be enjoined, and the cost of removing any improvement or correcting any activities pertaining to a violation thereof shall be charged to the owner of the land upon which the violation occurred and the person or entity causing the violation.
(F) This section may be enforced by any legal or equitable means available to the town, including, but not limited to, the procedures as set forth in I.C. 34-28-5-1 or amendments thereof, and the town may assess and recover such civil penalties and other relief as permitted by applicable statutes.
(G) No construction shall occur within the restricted 200-foot radius area referred to herein without the consent of the Town Council.
(1985 Code, § 9-2-1) (Ord. 43, passed 5-24-1984) Penalty, see § 10.99