Town of Barre, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Barre as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Cross-connection control — See Ch. 33.
Earth removal — See Ch. 201.
Subdivision of land — See Ch. 202.
Floor drains — See Ch. 304.
[Adopted 3-18-1985 STM, Art. 6; amended in its entirety 6-12-2006 ATM, Art. 14]

§ 112-1 Definitions.

The following words used in this bylaw shall have the following meanings:
IMPROVEMENT
Includes, but not limited to, a driveway, a building, or other structure. In addition includes alteration to the land.
PERMIT
Drainage permit.
PERSON
Includes a corporation, society, association, partnership or individual.
SUPERINTENDENT
The Department of Public Works Superintendent.
WAY
Any way within the town, including but not limited to, a public way, private way or way within a subdivision.

§ 112-2 Drainage permit required; release form.

A. 
Permit. No person shall construct an improvement on any land abutting a way which may increase the volume of surface water draining from the land onto the way unless the owner of the land has first obtained a drainage permit from the Superintendent.
B. 
Land lower than way. No person shall construct an improvement on any land abutting a way, where the surface of the portion of said land abutting said way is lower than the surface of the way, unless the owner of the land shall first have:
(1) 
Obtained a drainage permit from the Superintendent; and
(2) 
Delivered to the Superintendent an executed release on a form approved by the Town Counsel suitable for recording in the Worcester Registry of Deeds releasing the town from all claims for damage to the land or improvement thereon resulting from surface water drainage from the way onto the land.
C. 
Land higher than way. No person shall construct an improvement on any land abutting a way, where the surface of the portion of said land abutting said way is higher than the surface of the way, unless the owner of the land shall first have:
(1) 
Obtained a drainage permit from the Superintendent; and
(2) 
Delivered to the Superintendent an executed release on a form approved by the Town Counsel suitable for recording in the Worcester Registry of Deeds holding the town harmless for all claims for damage to the way or damage or injuries resulting from surface water drainage from the land onto the way.
D. 
Determination. The Superintendent shall determine whether the way is higher than the land, or the land is higher than the way. It may be that both situations exist thereby requiring both releases.

§ 112-3 Application and fees.

A. 
Applications for drainage permits shall be made by the owner of the land to the Superintendent.
B. 
Each application shall include and be accompanied by the following information and supporting documentation:
(1) 
The complete name and residential address of the owner of the land, together with a copy of the deed.
(2) 
A plan of the land showing, among other features, each proposed improvement, all existing structures and the abutting way. The plan shall also indicate terrain features and elevations sufficient to determine surface water flow.
(3) 
The complete address of the land.
(4) 
Such other relevant information as may be required by the Superintendent.
C. 
Each application shall be accompanied by the sum of $100 for the permit fee which the Superintendent shall pay over on receipt to the Treasurer of Barre.
D. 
A performance deposit of $2,000 to be deposited with the Treasurer of Barre. In the event the Superintendent finds that the applicant is not completing the work required pursuant to said permit, in a timely fashion, funds may be withdrawn from said performance deposit to complete the required work. Upon satisfactory completion of all work required by the Superintendent pursuant to the permit any balance remaining shall be refunded to applicant.
E. 
An agreement to prepay for any engineering or consultant services required by Superintendent to determine work, including drainage facilities, to be required pursuant to the permit.

§ 112-4 Installation of facilities; notice prior to commencement of construction.

A. 
The applicant of the land shall install such drainage facilities as the Superintendent deems reasonably necessary to prevent an undue volume of surface water draining from the land onto the way or from the way onto the land, as the case may be. The permit shall contain a description of the drainage facilities to be installed.
B. 
The Building Department shall include the requirement to obtain a drainage permit in any building packages issued.
C. 
The owner shall give notice to the Superintendent and Building Department prior to commencing the construction of an improvement.

§ 112-5 Rules and regulations.

The Department of Public Works may adopt reasonable rules and regulations, to carry out the purpose of this bylaw.

§ 112-6 Enforcement; violations and penalties.

A. 
The Superintendent and Building Department shall enforce the provisions of this bylaw.
B. 
Any person who violates any provisions of this bylaw or of any permit issued hereunder after written notice of such violation by the Superintendent, or Building Department, to such person shall be liable to a penalty of $50. Each day that such violation continues shall constitute a separate violation.
[Adopted 6-12-1995 ATM, Art. 41]

§ 112-7 Permit and approval required.

No person, company or other entity shall make any connection to a surface water drain, line culvert or catch basin, in or on any public way within the town, no matter what the purpose may be, without first obtaining approval and a permit from the Board of Selectmen.

§ 112-8 Fees and charges.

Each applicant shall pay a one-time application fee of $100 for such permit. In addition the applicant shall pay the cost of such connection including but not limited to any expense incurred regarding digging up, replacing or resurfacing any town way involved.

§ 112-9 Hold-harmless agreement.

Each applicant shall provide the Board of Selectmen with a recordable agreement holding the town harmless regarding any damage to the applicant's property as a result of any overflow, backup or other incident resulting from tie in.

§ 112-10 Tie-in without permit considered violation.

It shall be considered a violation of this bylaw in the event any tie in is made without such permit.

§ 112-11 Violations and penalties.

Every violation of this bylaw shall be subject to a fine of $300. Each day the offense continues shall constitute a separate violation.