10-4-5: WATER AND WATER SUPPLY:
   A.   Site Plan Required: The developer shall submit a site plan prepared by a professional engineer showing the property boundary with topography, possible home locations, and the proposed roads and driveways. A construction cost opinion to serve the proposed development with a community water system serving all lots, and a cost opinion of individual water systems will be prepared and submitted to the county for review.
   B.   Clustering; Central System: Clustering of homes should be considered and may be beneficial in rural and lower density developments. Clustering allows for reduced infrastructure of roads, driveways and water and sanitary sewer systems when compared with sprawl developments. Clustering may promote the visual integrity of development as viewed from within the development. The construction of a central community water system is encouraged to provide more effective water resources in case of wildfire. If clustering of homes is not achievable in rural developments, individual wells, storage tanks and fire suppression systems for each individual lot will be reviewed and considered by the fire district. Consideration should be given to tying into a neighboring community water system if one exists. Water supply and water infrastructure shall be in place and serviceable prior to any combustible construction taking place.
   C.   Community System To Serve All Lots With Centralized System:
      1.   Water Distribution Lines: The minimum size of main lines for any system will be eight inches (8") in diameter and will be sized larger if flows and velocities dictate.
      2.   Water Storage:
         a.   Residential Indoor Storage: Water storage shall have a capacity of four hundred (400) gallons per equivalent residential connection for indoor use.
         b.   Irrigation Storage: Most of the Snyderville Basin falls within zone 2, irrigation crop consumptive use zone. This zone requires one thousand eight hundred thirteen (1,813) gallons of storage for each irrigated acre.
      3.   Water Source Delivery Capacity:
         a.   Indoor Sources: Sources must be capable of providing eight hundred (800) gpd/equivalent residential connection for indoor use. The water supplier must possess, and provide to the county, documentation which grants the legal right to the required amount of water.
         b.   Irrigation Source: Within the irrigated crop consumptive use - zone 2, the source must be capable of providing 2.80 gallons per minute per irrigated acre. Where an engineer, developer or water supplier claims that there will be no outside use of water (e.g., in a summer home development) documentation, typically a copy of the restrictive covenants and a note on the recorded plat, must be provided to prove the legal means exist to restrict outside use.
         c.   Source Protection: Concentrated sources of pollution should be located as far as possible from all culinary well sources. To ensure that protection is available, the water supplier must either own the protection zone and agree not to locate or permit concentrated sources of pollution within it or, if the water supplier does not own the land in question, he must obtain a land use agreement with the owner of the land by which the landowner agrees not to locate or permit "concentrated sources of pollution" within the protection zone.
         d.   Binding Restriction: In both of these above situations, the restriction must be binding on all heirs, successors and assigns. The land use restriction must be recorded with the property description in the county recorder's office. Copies of this recording must be submitted to the division of drinking water for review.
         e.   Publicly Owned Lands: Publicly owned lands containing protection zones need not be recorded in the recorder's office. However, a written statement must be obtained from the administrator of the land in question. This statement must meet all other requirements with respect to the establishing of a protection zone as described in this section.
      4.   Water Line Burial: Water lines shall be buried a minimum of six feet (6') deep unless elevation dictates deeper burial.
   D.   Individual Water Systems On Each Lot:
      1.   Water Source:
         a.   Source Identification: Prior to preliminary approval by the county, a source, or sources, of water to the proposed project must be identified. The developer must submit information concerning site geology, area hydrogeology, site topography, soil types and the proven wet water by the drilling of one or more test wells as determined by a qualified geotechnical engineer. Well logs will be submitted to the county identifying the depth and yield of the well. The source must be consistently available at sufficient quantities to supply domestic and irrigation needs according to state regulations. In all cases a well, or wells, of sufficient capacity at each proposed building location will be required prior to building permit issuance. Language shall be included on the final recordation plat and within the project's CC&Rs that identifies the process for obtaining a building permit as it is related to water rights and well drilling confirmation. A water right and associated well permit will remain with the lot and is not transferable.
         b.   Source Protection: Concentrated sources of pollution should be located as far as possible from all culinary well sources. To ensure that protection is available, the water supplier must either own the protection zone and agree not to locate or permit concentrated sources of pollution within it or, if the water supplier does not own the land in question, he must obtain a land use agreement with the owner of the land by which the landowner agrees not to locate or permit "concentrated sources of pollution" within the protection zone.
         c.   Binding Restriction: In both of these above situations, the restriction must be binding on all heirs, successors and assigns. The land use restriction must be recorded with the property description in the county recorder's office. Copies of this recording must be submitted to the division of drinking water for review.
         d.   Publicly Owned Lands: Publicly owned lands containing protection zones need not be recorded in the recorder's office. However, a written statement must be obtained from the administrator of the land in question. This statement must meet all other requirements with respect to the establishing of a protection zone as described in this section. (Ord. 861, 10-26-2016)
   E.   Concurrency Management:
      1.   Requirements: All water systems shall meet the availability, distribution and delivery system, capacity, storage, design and construction requirements of the state division of drinking water and such approval shall be provided before final subdivision plat, final site plan, conditional use, or low impact permit approval.
      2.   Rights Certified In Writing: Legal rights to the proposed water source shall be certified in writing by the state division of water rights and shall be provided before final subdivision plat, final site plan, conditional use, or low impact permit approval. The county shall not accept an application or certificate that has lapsed, expired or been revoked by the state engineer. (Ord. 708, 12-10-2008)
      3.   Willing To Serve Letter Required Prior To Development Permit Approval: Prior to approval of a development permit, a water supplier shall issue a willing to serve letter in a form prescribed by the Summit County board of health to the applicant of a development permit, indicating the water supplier's willingness to provide water service to the development and stating that in accordance with the code of health it either presently has or it will have, available water rights, source capacity, reserve capacity, system capacity and storage capacity required to provide the service at the pressure, volume and quality required by the division of drinking water regulations and the code of health in time to meet the projected demand.
      4.   Commitment Of Service Letter Required For Building Permit: Applicants must obtain a commitment of service letter as prescribed by the Summit County code of health from the water supplier providing drinking water service as a precondition to issuance of a building permit. The commitment of service letter shall be issued in consideration of and within five (5) working days of the applicant's payment of the water supplier's impact fees or connection fees.
      5.   Location: Individual water systems, which may be permitted by the county, shall only be permitted in mountain/remote areas designated on the land use plan map and in areas where there are appropriately sized lots for which a community system is not feasible. (Ord. 861, 10-26-2016)