(A) (1) Primary responsibility for determining whether a proposed development will comply with the standard set forth in § 152.384 often lies with an agency other than the town, and the developer must comply with the detailed standards and specifications of such other agency.
(2) The relevant agencies are listed in division (B) below. Whenever any such agency requires detailed construction or design drawings before giving its official approval to the proposed water supply system, the authority issuing a permit under this chapter may rely upon a preliminary review by such agency of the basic design elements of the proposed water supply system to determine compliance with this section. However, construction of such system may not be commenced until the detailed plans and specifications have been reviewed and any appropriate permits issued by such agency.
(B) The type of development and relevant certifying agency are listed as follows.
(1) If the use is located on a lot that is served by the town water system or a previously approved, privately owned public water supply system and the use can be served by a simple connection to the system (as in the case of a single-family residence) rather than the construction of an internal distribution system (as in the case of a shopping center complex), no further certification is necessary.
(2) If the use (other than a subdivision) is located on a lot that is served by the town water system but service to the use necessitates construction of an internal distribution system (as in the case of a shopping center or apartment complex) and:
(a) The use (other than subdivision) is located on a lot that is served by the town water system but service to the use necessitates construction of an internal distribution system (as in the case of a shopping center or apartment complex): the public works director must certify to the town that the proposed internal distribution system meets town specifications and will be accepted by the town; and
(b) The internal distribution system is to be privately maintained, the Land Use Administrator must certify that the proposed collection system is adequate.
(3) If the use (other than a subdivision) is located on a lot not served by the town system or a previously approved, privately owned public water supply system and:
(a) The use is to be served by a privately owned public water supply system that has not previously been approved: the Division of Health Services must certify that the proposed system complies with all applicable state and federal regulations. The Division of Environmental Management must also approve the plans if the water source is a well and the system has a design capacity of 100,000 gallons per day or is located in certain areas designated by DEM. The Public Works Director must also approve the distribution for possible future addition to the town system.
(b) The use is to be served by some other source (such as an individual well): the county’s Health Department must certify that the proposed system meets all applicable state and local regulations.
(4) If the proposed use is a subdivision, and:
(a) Lots within the subdivision are to be served by simple connection to existing town lines or lines of a previously approved public water supply system, no further action is necessary;
(b) Lots within the subdivision are to be served by the town system but the developer will be responsible for installing the necessary additions to such system, the Land Use Administrator must certify to the town that the proposed system meets town specifications and will be accepted by the town; and
(c) Lots within the subdivision are to be served by a privately owned public water supply system that has not previously been approved: the Division of Health Services must certify that the proposed system complies with all applicable state and federal regulations. The Division of Environmental Management must also approve the plans if the water source is a well and the system has a design capacity of 100,000 gallons per day or is located within certain areas designated by the DEM. The Land Use Administrator must also approve the distribution lines for possible future additions to the town system.
(d) Lots within the subdivision are to be served by individual wells, the county’s Health Department must certify to the town that each lot intended to be served by a well can be served in accordance with applicable health regulations.
(Ord. passed 12-20-2001) Penalty, see § 152.999