No person shall connect a drain from any property to a Town
or common drain without first obtaining a written permit from the
Board of Selectmen by following the procedure hereinafter set forth:
A. The applicant shall file a written application for said permit with
the Selectmen which shall state in detail the proposed location, material,
size, construction, depth and gradient of the drain and at the same
time shall file copies thereof with the Board of Health and Director
of Public Works. Said Board of Health and Director shall report in
writing to the Selectmen their recommendations on said application
within 14 days.
B. The Board of Selectmen shall act upon said application within 30
days of its receipt unless the applicant shall extend said time in
writing.
C. Upon approval of the application, the applicant shall submit a bond
or security deposit, in form and amount acceptable to the Selectmen,
to indemnify and hold harmless the Town from any and all loss, damage,
cost and expense it may sustain by the reason of the work permitted
or the negligence or any act of the applicant, his servants, agents
or employees in performing the same.
D. In addition, the applicant shall prepare and file an easement, in
form satisfactory to the Selectmen, which shall enable Town to repair,
clean, maintain and replace such drain.
Upon receipt of the foregoing, the Selectmen shall issue such
permit with such terms and conditions as they may determine to be
in the best interests of the Town.
Until such permit has been issued and delivered, no person shall
cut into or in any way interfere with such Town or common drain or
allow anything to be discharged therein.
The cleaning, maintaining, repairing and replacement of a drain
permitted hereunder, and the cost thereof, shall be the responsibility
of the owner of the land from and through which said drains runs.
In the event of the owner's failure to clean, maintain, repair and
replace such drain, the Selectmen may, in their discretion, cause
the same to be done and recover the cost thereof in action of contract.
The provisions of this section shall be included in every application
and assented to by the applicant.
All persons acting under such permit shall comply with all other
provisions of this bylaw as well as all other applicable regulations
of the Town.
In the event any provision of this bylaw shall be determined
to be invalid, such invalidity shall not affect the validity of any
other provision of this bylaw.