It shall be unlawful for any person to drill
or otherwise construct, install, operate or use any well for the taking
of water within the corporate limits of The Town of Henlopen Acres
without first securing the approval of the Commissioners of Henlopen
Acres and a permit issued by the Department of Natural Resources and
Environmental Control.
The Commissioners of Henlopen Acres will grant
approval for the drilling or otherwise constructing and installing
a well and for the operation of a well on private property under the
following circumstances:
A. The depth of the well will exceed 100 feet.
B. The well will be used for irrigation, swimming pool, or geothermal heating/cooling system purposes only and will have no connection to the water supply serving any residents as established and constituted in Chapter
124, Water, §
124-2. Use of public water service required.
[Amended 1-13-2017]
C. The use of the well may be temporarily suspended and
restricted by the Town if the Commissioners of Henlopen Acres determine
that an emergency exists in the supply of water.
D. The well and all plumbing will be inspected by the
Water Inspector of the Town upon completion of the irrigation system
and the installation of the well.
E. A copy of the drilling permit and the drilling log
will be furnished the Town upon completion of the well and before
the well begins its operation.
[Amended 10-13-2006]
The drilling or otherwise constructing, installing
and operating a well within the Town of Henlopen Acres without compliance
with the provisions of this chapter shall be deemed to be a common
and public nuisance and may be abated by the Commissioners of Henlopen
Acres upon the finding that such a well has been drilled, constructed
or installed and is being operated without first complying with the
provisions of this chapter.
Any person violating any of the provisions of
this chapter shall be deemed guilty of a misdemeanor and upon conviction
thereof in a court of competent jurisdiction shall be fined not less
than $25 nor more than $100, or imprisoned for a term of not more
than 20 days, or both, and shall pay the costs of prosecution. For
the purposes of this chapter, each day or part of a day that a violations
continues shall be deemed to be a separate offense.