The purpose of this article is to regulate the
construction of drains, culverts, pipes, ditches, sluices and other
channels for the passage of water, to regulate the maintenance of
and the filling, diverting or other altering of existing streams and
watercourses and to remedy those conditions which constitute a flood
hazard, in order to protect the properties within the Village from
floods, freshets and high waters.
The following words and terms used in this article
shall have the meanings indicated:
FLOW
The natural or artificial flow, intensity or quality of waters
or drainage.
FRESHET
A sudden overflow of a stream resulting from a heavy rain
or a thaw.
OBSTRUCTION
Any dams, diversions, construction of any kind, deposits
of debris, fill, sand, stone or other material of any kind.
WATERCOURSE
Any natural or artificial, intermittent, seasonal or permanent
and public or private water body or watercourse. A water body is intermittently,
seasonally or permanently inundated with water and contains a discernible
shoreline and includes ponds and lakes. A watercourse includes rivulets,
brooks, creeks, streams, rivers and other waterways flowing in a definite
channel with bed and banks and usually in a particular direction.
No person, firm or corporation shall do any of the following without first securing a written permit approval from the Planning Board in accordance with the notice provisions of §
224-69E and complying with the provisions of this article:
A. Fill, divert or alter from its natural course any
stream or watercourse in the Village or divert any portion of the
water normally flowing therein.
B. Construct or place any ditch, pipe, culvert or artificial
watercourse of any kind or nature which shall collect and direct the
flow of natural surface waters or drainage from paved surfaces, structures,
roads or improvements, directly into any watercourse.
No person, firm or corporation shall, by deliberate
action or negligence, obstruct any stream or watercourse in the Village
so as to block or significantly impede its flow.