No person other than a contractor licensed under this chapter
shall be issued a permit to do any type of surface or cellar drainage
work which connects into the Town storm drainage system either surface
or underground.
No permit shall be issued pursuant to this article until the
property owner shall have signed a waiver of claim on a form provided
by the Town Engineer, relieving the Town of all responsibility for
any damage resulting from such connection and specifically relinquishing
any claim such property owner may otherwise have against the Town
caused by the backing up of surface water through such storm drain
system. Such waiver shall be duly recorded in the Town land records.
No permits shall be issued pursuant to this chapter to drain
water into an open gutter if an underground drainage system exists
in the street abutting the property to be drained.
The exact point at which a permittee may connect into a public
storm drain system shall be determined by the Town Engineer. No work
shall be commenced in any public right-of-way until such determination
is made. In all cases where the grade allows the drain is to be connected
to an underground storm drain pipe; such connection shall be made
from the top of the storm drain pipe.
If it is necessary to cut any street pavement to make a connection, the backfill and resurfacing will conform to all specifications and regulations as outlined in Article
III of this chapter.
Any private drain emptying into an open gutter where an underground
storm drain system exists shall be changed to connect into such underground
system. Any property owner shall cease to drain into an open gutter
within 10 days of receiving a written order from the Town Engineer's
office to discontinue using such open drain.
Any person who shall make any connection into the Town drainage
system without a permit, or who disobeys a written order of the Town
Engineer issued under this article, shall be in violation of this
article. Any connection made not in compliance with the terms of this
article shall be corrected within 10 days after receiving written
notice ordering such correction from the Town Engineer. If such correction
or compliance with an order of the Town Engineer is not made within
10 days of notification, the change may be made by the Town Highway
Department, and the expense thereof shall be and remain (until paid
in full with interest at the rate of 12% per annum) a lien upon the
property to be enforced and collected as other liens of the Town.
The Town shall cause a certificate of lien to be recorded in the Town
Clerk's office within 60 days after the determination of such expense.