Except as provided below, private wells and water systems shall not be maintained by any individual or property owner within the City. Private wells and water systems shall be allowed only as set out in the following subsections:

   1.   If no part of a tract of land upon which a private well or water system is proposed is within 400 feet of a City water main.

   2.   If the property owner or individual applying for a private well permit can show that denying the permit and not allowing the private well or water system will cause the individual or property owner undue hardship. Undue hardship in this case shall mean that the particular tract of land is so topographically situated that connection to the City water main system would be unfeasible and that the particular conditions causing the unfeasibility of the connection were in no way caused or contributed to by the property owner or permit applicant. The Council shall rule on all questions of undue hardship and their decision shall be final.

   All individuals or property owners who desire to construct or maintain a private well or water system shall first secure from the Clerk a private well permit. The contents of the permit application and the fee therefore shall be set by the Council from time to time by resolution.

   Individuals and property owners using and maintaining private wells or water systems within the City limits must have an annual private well permit. Provided, however, should the private well or water system not be used for a six-month period of time, or if the private well or water system does not meet the health and safety regulations set forth below, then at the expiration of the current private well permit for the premises, said permit shall not be renewed unless all provisions of this chapter are complied with.

   All private wells and water systems for which permits are granted shall meet the minimum health and safety standards as set forth by the appropriate County and State health officials. In addition, all permit holders shall grant to the appropriate County or State health official the right to inspect and test the private well and water system maintained upon the permit holder’s property. Should the private well or water system so inspected not meet minimum County or State health or safety standards for a continuous period of six months, the private well permit shall be revoked and the individual or property owner shall be required to make connection to the City’s water system under the terms of this Code of Ordinances.