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June 16, 2022 <br />119 <br /> <br />than fifty (50) feet in depth shall not be less than fifty (50) horizontal feet from any <br />on-site sanitary wastewater treatment system. <br />b. Any private or on-site water supply system serving three or more residential <br />structures shall not be less than one hundred (100) feet from any sewage drain field. <br />7. Those developments proposing the use of shared private wells shall submit a well <br />agreement establishing the respective rights and obligations of each user pertaining to the <br />well and water distribution system. All shared well agreements shall be signed, notarized <br />and recorded with the Final Plat and shall typically include the following elements and when <br />warranted additional language to protect the interest of each party: <br />a. Description of the parcels or properties the well will serve and identify which <br />property the well is located and the wells location relative to property lines. <br />b. Establish that well has undergone a water quality analysis from a certified lab or <br />agency and found to supply safe and potable water. <br />c. Designate future owners/heirs of said properties shall have access to the well and <br />associated water works. <br />d. Designate ownership of the well and associated water works. <br />e. Define under what conditions the water service can be stopped to users. <br />f. Define payment for power costs. <br />g. Define the type of water use allowed by users. <br />h. Define conservation measures expected of users in the event of a water shortage. <br />i. Establish access to user’s properties to correct an emergency situation in the <br />absence of one of the users. <br />j. Define emergency situation. <br />k. Define payment responsibility of emergency repair costs. <br />l. Define payment responsibility of third party damage to the well or associated water <br />works. <br />m. Require consent by each user prior to maintenance, operation, replacement, <br />improvements, or other activities deemed as non-routine, defining routine and non- <br />routine activities. Establish means to resolve disagreement in the event users <br />cannot agree regarding the said expenditures. <br />n. Define payment responsibility for maintenance, operation, replacement, or <br />improvement costs. <br />o. Establish time frame for payment of maintenance, operation, replacement, or <br />improvement costs. <br />p. Establish action available to users in the event of a default payment or other <br />obligation by one of the users. <br />q. Identify those responsible for maintaining, repairing, or replacing well, pump house, <br />common water works or individual pipelines. <br />r. In the event each residence has their own pump and associated water works, <br />establish responsibility for maintenance, repair and replacement. <br />s. Establish the location of easements surrounding the well site and pump house for <br />access, maintenance, replacement and repairs. <br />t. Identify those parties allowed access to pump house for access, maintenance, <br />replacement and repairs.