HomeMy Public PortalAboutORD 261-04-21_Emergency Wells_04202021 Instrument p 1683012
Bonneville County Idaho Falls, Idaho
04/21/2021 03:06:04 PM No. of Pages: 4
Recorded for: CITY OF IONA
Penny Manning Fee: 50.00
Ex-Offioio Recorder Deputy
Index to: ORDINANCE
ORDINANCE NO. 261-04-21
AN ORDINANCE OF THE CITY OF IONA, IDAHO;
AMENDING SECTION 8-2-4 OF THE IONA CITY CODE;
PROVIDING A DEFINITION OF "EMERGENCY" IN THE
CONTEXT OF PRIVATE EMERGENCY WELLS ALLOWED
WITHIN THE CITY UNDER SPECIFIED CONDITIONS;
PROVIDING METHODOLOGY; PRESERVING PRIOR
ORDINANCES IN EACH INSTANCE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA,
IDAHO THAT:
Section 1. Amendment of Section 8-2-4 of the Iona City Code. Section 8-2-4 of the
Iona City Code is amended as follows:
8-2-4: EXCLUSIVITY OF WATER SYSTEM.
(A) Granting of Franchise Prohibited. No person shall be granted any franchise or permit
to furnish or supply any inhabitant within the boundaries of the City any water for domestic
or culinary use or for sprinkling of lawns and gardens within any portion thereof where the
Water Mains have been extended or may hereafter be extended so as to supply said
property with water.
(B) Private Emergency Wells. Notwithstanding the foregoing, each property or lot within
the City may construct one private emergency well, subject to the following provisions:
(1) Definition of Emergency. As used in this section, "emergency" means any
sudden and unforeseen condition in relation to the Water System that constitutes a
clear and present danger to life, health, or property. "Emergency" specifically
does not include any condition precipitated by intentional actions of the City taken
in accordance with the provisions of this Chapter, including (but not limited to)
Section 8-2-6, 8-2-7, and 8-2-33.
(44(2) Restrictions. Every private emergency well shall be subject to the following
restrictions:
(a) The well is only for use in an emergency use and may not be connected to
the primary building on the property to provide water for domestic or
culinary uses, including the irrigation or sprinkling of lawns, gardens, or
plants.
(b) The well may not be connected in any way to the Water System.
(c) Because the well may not be considered an accessory or other use of
property,the property on which the well is located must be located in a zone
that specifically allows for private wells (e.g., as a permitted use or
conditional use, subject to other applicable law) and the well itself must
comply with all applicable zoning requirements (for example, setbacks).
(d) The well must comply with all applicable laws, including the regulations of
the Idaho Department of Water Resources and the Idaho Department of
Environmental Quality.
(e) The property owner must obtain and maintain a permit from the City for the
well.
(2)(3) Application for Permit. Any property owner desiring a well permit in
accordance with this subsection (B) must submit an application containing the
property owner's name and contact information; the property's address and legal
description; the zone in which the property is located; the name and contact
information of the person constructing the well; the details of the well itself;
evidence of the property owner's compliance with any requirements of the Idaho
Department of Water Resources and/or the Idaho Department of Environmental
Quality; a visual depiction(or site map)of the property showing the location of the
well, any infrastructure relating to the well,utility easements on the property,other
buildings on the property, and any other details relevant to the well; consent to an
initial and, thereafter, annual site inspection of the well; and any other details
necessary to evaluate the safety of the well. A non-refundable application fee in
the amount of$100 shall be paid at the time the application is submitted.
(3}(4) Site Inspection. Once the application is submitted, the City will conduct a site
inspection to verify the details of the application and the well's compliance with
this subsection (B). This inspection shall be in addition to any other inspection
required under the circumstances of the well (for example, building inspections).
4)(5) Permit Approval and Annual Re-Inspection. After the site inspection if the
City determines that the well complies with all the requirements of this subsection
(B), the City personnel who conducted the site inspection may approve the
application, issue a permit, and inform the Mayor and the City Clerk. After a
permit is issued, the City may inspect the well no more than annually, after
providing reasonable notice to the property owner. The failure to allow such
annual inspection shall be cause for the City to revoke the permit and require the
property owner to remove the well and completely fill in and remediate the location
of the well in accordance with state statutes.
Section 2. Methodology. Text that is underlined in the preceding sections means new
text added to the former Ordinance or City Code Section, and text that is stricken through means
.., _
text that is being deleted from the former Ordinance or Code Section. Text that is moved from
one location in the former Ordinance or Code Section to another location is similarly shown as
underlined text, being stricken through in its prior position.
Section 3. Preservation of Prior Ordinance. The sections of the Iona City Code
repealed and/or amended by this Ordinance shall be preserved to the extent necessary to allow the
arrest, prosecution, punishment, and indebtedness of any person who violates such provisions
prior to the effective date hereof.
Section 4. Severability. The sections and subsections of this Ordinance are severable.
The invalidity of any section or subsection shall not affect the validity of the remaining sections or
subsections.
Section 5. Effective Date. This Ordinance shall become effective upon its passage,
execution and publication in the manner provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 40ay of
n , 2021.
Dan Gu ler
Mayor
ATTEST:
huji wArr_
Keri West
City Clerk
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13.3 •
STATE OF IDAHO )
)ss.
County of Bonneville )
I, KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY
CERTIFY: That the above and foregoing is a full,true and correct copy of the Ordinance entitled,
"AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTION 8-2-4 OF THE
IONA CITY CODE; PROVIDING A DEFINITION OF "EMERGENCY" IN THE CONTEXT
OF PRIVATE EMERGENCY WELLS ALLOWED WITHIN THE CITY UNDER SPECIFIED
CONDITIONS; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN
EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE."
Keri West
City Clerk
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