[Adopted 2-18-2015 by L.L. No. 1-2015]
A.
Concentrated
flow from a concrete gutter or a downspout shall not be permitted
to flow onto an adjacent neighbor’s property.
B.
Review by Town. In furtherance of Subsection A, the Town shall review new developments and the location of downspouts.
(1)
The
flow from a concrete gutter coming from a new development shall be
identified by the developer and reviewed by Town staff prior to project
approval.
(2)
The
locations of downspouts shall be reviewed by Town staff prior to the
issuance of a certificate of occupancy to ensure that drainage is
not unfairly discharged onto neighboring properties. Alternatively,
where feasible, new dwellings may be required to have their downspouts
connected to a six-inch-diameter storm lateral.
(3)
When
residential subdivisions are reviewed by Town staff, grading plans
shall be submitted to ensure that drainage swales are provided to
prevent runoff from impacting neighboring properties.
(4)
The
Town’s review shall not act as any warranty or guaranty that
drainage will not violate this section or otherwise create a nuisance
or damages after construction of any development. If, after Town review
and completion of construction, drainage should ultimately violate
this section or otherwise create a nuisance or damages, the owner
of the offending property shall be required to remediate such issues.
A.
Runoff
from new developments shall not be allowed to drain onto adjacent
properties unless the runoff is less than preexisting conditions,
is a nonconcentrated flow, and does not significantly alter the existing
drainage patterns.
B.
No materials
may be stored, land disturbed or other work done to block drainage
or to divert or cause runoff of groundwater or stormwater in an unnatural
fashion.
C.
No shed,
garden, swing set, playground, pool, yard waste, refuse, or similar
structure, feature or substance shall be placed in drainage swales
that are used to convey runoff. Before a building permit is issued
for the construction of a fence, pool, or shed, the location of the
fence, pool or shed should be reviewed by Town staff to ensure that
existing drainage patterns are not blocked.
D.
Sump pump
discharges should be directed away from adjacent properties. Whenever
possible, sump pump discharges should be connected to a storm sewer
system.
E.
A drainage
report, with supporting calculations, and a drainage plan shall be
required for any new development if drainage is being allowed to flow
onto adjacent properties.
Roof stormwater drainage shall be discharged in such a manner
as to not flow onto adjacent properties. Concentrated water flow generated
by downspouts, sump pumps, concrete gutters and drainage swales shall
not be directed in such a manner as to allow stormwater to dissipate
within the confines of the property or so as to convey the stormwater
directly to an existing drainageway located, at least in part, on
the property.
[Amended 9-27-2023 by L.L. No. 9-2023]
Failure to comply with this article shall constitute a violation,
and, upon conviction thereof, shall be subject to a fine in the minimum
amount of $100, up to a maximum amount of $250. Each week's continued
violation shall constitute a separate additional violation.
