§ 38-17. Adequate water for personal use and fire protection required.

(a)

It shall be the policy of the city to ensure that all future subdivisions within the city and the extraterritorial jurisdiction shall be provided with the water in sufficient volume and pressure for domestic use and fire protection, provided that where the land to be platted lies within the extraterritorial jurisdiction of the city and the city is not the water supplier, the city council may grant a waiver to the requirement for adequate fire protection if it finds that:

(1)

The proposed subdivision will meet the land development rules and regulations of the county in which the property is located;

(2)

The subdivision is to be served solely by on-site sewage disposal systems; and

(3)

Water lines and other water facilities serving the site are designed and sized to carry future fire flows under the city's criteria and meets all city design and construction standards.

(b)

The city engineer shall determine through appropriate engineering studies that the city's water system is adequate to provide sufficient water as may be required and reasonably foreseen for domestic use and fire protection for the entire plat.

(c)

It shall be the policy of the city to withhold issuing building permits until all streets, water, sewer and storm drainage systems have been accepted by the city.

(d)

The approval of the plat by the city does not constitute any representation, assurance or guarantee that any building within such plat shall be approved, authorized or permit therefore issued, nor shall such approval constitute any representation, assurance or guarantee by the city of the adequacy and availability of water for personal use and fire protection within such plat.

(Code 1982, § 24-12; Ord. No. 83-54, § 1, 11-7-1983; Ord. No. 04-57, § 1(24-12), 9-20-2004; Ord. No. 04-58, § 1(24-12), 10-11-2004; Ord. No. 05-13, § 1(24-12), 3-7-2005)