(A) Except as otherwise provided herein, no permit shall be issued for any well to be drilled at any location which is within 1,000 feet of a school, church or public park, or within 500 feet of any habitable residence or commercial building, without the written permission of the owner or owners of said building. For the purposes of this subchapter, permission shall not be required from the owners of mobile homes unless the owner of said mobile home also owns the real property on which the mobile home is located. Waivers are not required from tenants in such residential or commercial buildings. After the permit is issued, any person building within 500 feet of the permitted well does so subject to the right of the permittee to operate the permitted well in accordance with the terms of his or her permit.
(B) In measuring said 1,000 feet or 500 feet distance, all measurements will be made from the proposed wellhead location to the closest load-bearing and supporting wall structure of each building. All measurements are to be made to those portions of said buildings which are intended to be habitable or occupied on a full-time basis; storage sheds, gazebos, covered patios and similar structures that are not enclosed are not to be considered in making such measurements. All measurements will be made to the actual wall surface and not to any overhanging roof eave or similar structure.
(C) If any property owner denies access for purposes of determining the distance measurement from the wellhead to the walls of the property owner’s structure, then distances will be determined using methodologies such as transit and angle measurements or other similar methodology.
(D) Any waiver form used to obtain written permission of the property owner of any building as required herein shall contain the name and address of the property owner. All waivers must be filed with the City Secretary and in the deed records of the county.
(E) If the applicant is successful in obtaining a waiver from the owner of every building for which permission is required under division (A) above, the applicant will be qualified to seek a permit as otherwise specified herein. Otherwise, the permit application must be denied.
(Ord. 2006-1019(2), passed 10-19-2006) Penalty, see § 113.99