48-78 VOID
ORDINanCE NO. 48-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, MAKING PERMANENT,
EMERGENCY ORDINANCE NO. 25-78, AMENDING CHAPTER
27 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE II,
"WELLS AND SPRINKLER SYSTEMS" AND SUBSTITUTING
THEREFOR A NEW CHAPTER 27, ARTICLE II, PROVIDING
PROCEDURES, REQUIREMENTS AND STANDARDS FOR CON-
STRUCTING AND USING WATER WELLS FOR POTABLE AND
NON-POTABLE PURPOSES WITHIN THE CITY; PROVIDING
FOR PERMITS THEREFOR; PROVIDING FOR PERMIT FEES;
PROVIDING FOR CONNECTION TO THE CITY WATER SUPPLY
SYSTEM OF POTABLE WELLS IN CERTAIN INSTANCES;
PROVIDING DEFINITIONS; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 27, Article II of the Code of Ordinances
of the City of Delray Beach is hereby repealed and a new Chapter 27, Article
II is hereby enacted to read as follows:
Section 27-17. Wells for Potable Water.
(A) Definitions.
1. City means the City of Delray Beach, Florida.
2. Person means any person, firm, partnership,
association, corporation, company or organi-
zation of any kind.
3. Interim Water Treatment Plant means a water
treatment plant approved by the Palm Beach
County Health Department and the Department
of Environmental Regulation for use by the
operator of a public water supply system
until connection to the City water supply
system is allowed.
4. Potable water means water of a quality satis-
factory for drinking, culinary and domestic
purposes.
5. PubIic water supply system means any system for
the provision to the public of piped water for
human consumption if such system has at least 15
service connections or regularly serves at least
25 individuals daily at least 60 days out of the
year.
6. Well means any excavation that is drilled, cored,
bored, washed, driven, dug, jetted or otherwise
constructed when the intended use of such excava-
tion is for the location, acquisition or develop-
ment of groundwater.
(B) Scope.
The provisions contained herein shall apply to all land
within the limits of the City.
(C) Applicability.
NO water wells for potable use shall be allowed except
in strict accordance with the provisions of this ordinance.
(D) Permit Required.
Any person who desires to install a water well for
potable use shall first make application to the City
Building Department and obtain the required permit
therefor.
(E) All public water supply systems shall meet all of the
following requirements:
1. Issuance of all permits required by the Palm Beach
County Health Department and the Florida Department
of Environmental Regulation as evidence of compliance
with standards and regulations set by the State of
Florida relating to public water supply systems.
2. Construction of an approved interim water treatment
plant in accordance with the requirements of the
Palm Beach County Health Department and the Florida
Department of Environmental Regulation; and approved
by the City Engineer.
3. If the subject development would ordinarily require
installation of water lines for connection to the
City system, these water lines will still be re-
quired except that during the interim period while
water wells are in use these lines shall be used
for fire protection purposes only. Connection to
the City water supply system shall be by such method
as approved by the City Engineer and the City Build-
ing Department.
4. Execution of an agreement between property owner
and City for the operation, maintenance, and of the
removal of any interim water treatment plant in-
stalled hereunder. Said agreement shall be in form
and content approved hereafter by resolution of
City Council.
5. Receipt of a permit from the City Building Depart-
ment, which shall be issued if applicant complies
with the conditions of 1 through 4 above and has
paid the proper permit fee.
(F) Non-Public Water Supply System Wells.
All water well uses not in the category of public water
supply systems shall meet all of the following require-
ments:
1. All rules adopted by the Florida Department of
Environmental Regulation relating to water well
construction standards as found in Part II, Chapter
17-21, Florida Administrative Code, (Minimum Water
Well Construction Standards) are hereby adopted and
incorporated by reference as part of this section
as fully as if set forth completely herein and shall
be controlling in the construction of water wells
for potable use under this section.
- 2 - Ord. No. 48-78
2. Installation of water wells in accordance with
the approved drawing attached hereto. If the sub-
ject development would ordinarily require instal-
lation of water lines for connection to the City
system, these water lines will still be required
except that during the interim period while water
wells are in use these lines shall be used for
fire protection purposes only. Connection to the
City water supply system shall be by such method
as approved by the City Engineer and the City
Building Department.
3. Submission with the application for the permit of
a detailed set of plans in form and content satis-
factory to the City Building Department with speci-
fications meeting the requirements of subparagraphs
1 and 2 above.
4. Receipt of a permit from the City Building Depart-
ment, which shall be issued if applicant has complied
with conditions 1 - 3.
5. Submission prior to final approval of any well of
an analysis of the water by a licensed sanitary
laboratory verifying that the water is of satis-
factory quality for potable use.
(G) Permit Fees.
Permit fee to be charged by the City for drilling or driving
a well is three dollars ($3.00).
(H) Inspection of Wells.
During the construction or use of any water well, the
Chief Building Official may cause to be made periodic
inspections as deemed necessary to insure conformity
with applicable standards as set forth herein.
(I) Connection to City Water Supply System Required.
Permits issued under this ordinance shall become void
and all permitees shall be required, at their own
expense, to connect to the City water supply system
within 120 days after notification by the City that
connection is feasible and mandatory.
Section 27-18. Wells for non-potable water and sprinkler systems
(A) Permit required.
It shall be unlawful for any person, firm or corporation,
or their agents or employees, to drive or drill any
water well for non-potable uses or to install any
sprinkler system within the City without first having
obtained a permit from the City Building Department
to do such work.
(B) Duties of City Building Department.
Before such permit shall be issued by the Chief Building
Official, or his designee, shall ascertain whether or
not said well or said sprinkler system is to be con-
nected with the public water supply of said city in any
- 3 - Ord. No. 48-78
way and shall see that the requirements of all
ordinances, rules, and regulations protecting
the health and safety of the citizens of said
City are met. No well shall be permitted with-
in a distance of fifty (50) feet from any septic
tank or drain field. The Building Inspector
shall inspect all work including any sprinkler
system, that may be supplied by such well before
the well is covered and final connection is made.
(C) Work to be done by master plumber.
The following work must be performed by a person, firm or
corporation holding a master plumber's license issued by
the City:
1. The main water line shall rise a minimum of six
(6) inches above the highest sprinkler head with
gate valve installed in line to control each
sprinkler circuit.
2. An approved back flow preventer shall be installed
on the discharge side of the gate valve controlling
the circuit.
3. An approved check valve shall be installed in the
main supply line on the meter side of the first
sprinkler circuit takeoff.
4. The house or building water supply shall be
connected to main supply pipe between meter and
check valve.
(D) Applicability of state sanitary code.
All sprinkler systems shall be installed in accordance
with Chapter 8, Section 10-D of the state sanitary code
and current revisions.
(E) Permit fees.
Permit fees to be charged by the City are as follows:
Permit fee for drilling or driving a well .... $3.00
Permit fee for sprinkler system .............. $3.00
Section 27-19. Limitation on connection to public water supply.
No physical connection shall be permitted between a
distribution system of the City public water supply
and that of any other water supply.
Section 2. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
Section 4. That this ordinance shall become effective ten (10)
days after passage on second and final reading.
- 4 - Ord. No. 48-78
PASSED AND ADOPTED in regular session on this the day of
, 1978.
MAYOR
ATTEST:
City Clerk
First Reading August 14, 1978
Second Reading
VOID
- 5 - Ord. No. 48-78