Town of Henlopen Acres, DE Chapter 127 Wells, Private

[HISTORY: Adopted by the Commissioners of the Town of Henlopen Acres 4-15-1994. Amendments noted where applicable.]

GENERAL REFERENCES

Water — See Ch. 124.

§ 127-1 Town approval and state permit required.

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.

§ 127-2 Conditions for approval.

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.

§ 127-3 Declaration of nuisance; abatement by Town.

[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.

§ 127-4 Violations and penalties.

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.