No person, company or corporation shall discharge or place water
or material of any nature into or on the traveled portion of any public
right-of-way, highway or street in the Town of Salem without a permit
from the Engineering Department. Any permit so issued will set forth
the period of time for which the permit shall be valid and shall ensure
compliance with MS4 requirements/regulations.
As used in this article, the following terms shall have the
meanings indicated:
RIGHT-OF-WAY
Includes all land adjacent to the traveled portion of a public
way or street that lies between the land owned by adjacent property
owners.
TRAVELED WAY
The traveled or paved roadway, sidewalks, whether paved or
not, and road shoulders.
In the issuance of permits, the Engineering Department shall
consider first the public safety and convenience. It shall consider
also:
A. The public nuisance value and aesthetic impact of such discharge
or placement.
B. The availability to the applicant of other disposal measures.
C. The hardship to the applicant if the permit is denied.
The requirements of a permit hereunder may be waived if:
A. Weather conditions have created an emergency in that temporary flooding
results in danger to life or property.
B. Conditions created during roadway or utility maintenance, repair,
reconstruction, or construction require discharge of water onto the
traveled way during such work.
Fines for violation of the provisions of this article, as adopted
by the Board of Selectmen, are on file with the Town Manager and on
the Town of Salem website. Fines shall not exceed the maximum penalty
established pursuant to RSA 31:39, III.