AN ORDINANCE TO AMEND SECTION 19-18 OF THE FAUQUIER COUNTY CODE TO AUTHORIZE THE ISSUANCE OF AN ADMINISTRATIVE PERMIT TO PERMIT AN INDIVIDUAL WELL FOR A COMMERCIAL USE OF 10,000 GALLONS PER DAY OR LESS WITHIN 300 FEET OF A PUBLIC WATER SUPPLY WHERE CAPACITY IS NOT AVAILABLE BUT IS ANTICIPATED TO BE AVAILABLE WITHIN TWO YEARS
WHEREAS, Section 19-18 of the County Code currently authorizes permits for individual wells within 300 feet of a waterline where the service provider lacks capacity only by special exception; and
WHEREAS, the Board of Supervisors, after due notice and public hearing, has determined that it is in the best interest of the health, safety, and welfare of the citizens of Fauquier County to permit construction of a temporary well for a commercial use on an existing lot where the proposed use will not consume in excess of 10,000 gallons per day by administrative permit, if capacity is reasonably anticipated in the public water supply within two years; now therefore, be it
ORDAINED, by the Fauquier County Board of Supervisors this 11th day of August 2005, That Section 19-18 of the Code of Fauquier County be, and is hereby, amended to provide for an administrative permit under the circumstances set forth in the amended Ordinance, which Section shall read as follows:
Sec. 19-18. Installation, replacement or repair of individual water systems within three hundred feet of public water supply system.
The owner of any building or structure for which water is required, and for which building permits for such building or structure are issued after April 20, 1982, shall be required to connect such building or structure to approved public water supply system, provided that said building or structure is within three hundred (300) feet of approved public water supply system and that the public water system provider has the necessary capacity to permit the connection. In addition, if any water system is found by the County Health Department to be polluted or not potable, it shall be unlawful for any person to replace or repair any water system, or any part thereof, in any manner to improve its operating conditions, if the public water supply system is within three hundred (300) feet of any building or structure which such water system served; provided, that it not be unlawful to make emergency repairs so as to permit use of the facility pending connection to the public water supply system, provided such connection is made in the most expedient manner, and provided the Health Department is notified of such connection or temporary repairs. It is further provided that the owner of any building or structure for which water is required and which is connected to an approved public water supply system shall not disconnect the building or structure from such public water supply system. If the public water system provider does not have the necessary capacity to permit the connection to the public water system, the landowner may install an individual well upon the grant of a special exception pursuant to section 3-331 of the County Zoning Ordinance. If, however, an owner of an existing single-family residential lot or an existing commercial lot for a use which will not consume more than 10,000 gallons per day can demonstrate that it is reasonably foreseeable that the public water system will have adequate capacity to serve the lot within two years, the owner may obtain an administrative permit to install an individual well upon recordation of an agreement to cease using the individual well for potable water and connect to the public water supply immediately when capacity becomes available. The agreement shall include such other conditions as may be necessary to protect the public water supply. This section shall not be construed to authorize the construction of irrigation wells within 300 feet of an existing water supply with capacity, which is expressly prohibited.
(Ord. No.______, 8/11/05)