(A) Preliminary water conservation plan; study. The county shall cause to be prepared a study to develop a preliminary water conservation plan which is designed to minimize demand for water and which is designed to protect the quality and quantity of water for beneficial use in the county. A report of the results of the study shall be completed in not more than three months from the operative date of the ordinance and presented to the Board.
(B) Preliminary water conservation plan; adoption. The Board shall consider the study at a public hearing and shall receive evidence. Following the hearing, the Board shall adopt by resolution a preliminary water conservation plan.
(C) Preliminary water conservation plan; contents. The preliminary water conservation plan shall specify guidelines for the issuance of building permits and require specified reasonable water conservation measures in the design and construction of all structures built in the county.
(D) Standards for issuance of building permits. Prior to the adoption of the preliminary water conservation plan, the Building Department shall not issue a building permit until the Planning Commission determines that ample water of suitable quality exists to meet the water needs generated by the structures and the use thereof. The applicant shall have the burden of proof according to clear and convincing evidence.
(E) Definition of ample water of suitable quality. AMPLE WATER OF SUITABLE QUALITY means establishing the following:
(1) The quantity of water to be used as a result of the use of the proposed structure on an averaged annual basis;
(2) The quality of water necessitated by the use of the proposed structure;
(3) A reliable source of the water to be used;
(4) The quantity and quality of the water source;
(5) The existing and potential other users of the source of water, and an estimate of the amount of water needed by these users on an average annual basis; and
(6) The insignificant impact of the proposed use on existing and potential users of the water source. “Insignificant impact” includes a determination that the withdrawal of water from the water source does not exceed the replenishment of the water source, nor will the proposed withdrawal of water reduce the quality of the water source.
(F) Planning Commission hearing. Not later than 60 days from the date the Building Department determines an application to be complete, shall the Planning Commission hold a public hearing and make a determination if an applicant has ample water of suitable quality for the use of the proposed structure. The failure of the Planning Commission to make a decision within the specified time period shall be deemed, by operation of law, that the Planning Commission determines the applicant does not have ample water of suitable quality.
(1966 Code, § 17D-3) (Ord. 594, § 1(part))