[HISTORY: Adopted by the Town Board of the Town of Lewiston 11-10-1966 (Ch. 8 of
the 1965 Code). Amendments noted where applicable]
GENERAL REFERENCES
Water — See Ch. 334.
When the Town of Lewiston was primarily devoted to agricultural
pursuits, the disposal of storm and surface waters was readily handled
through farm and road ditches and natural watercourses. With subdivision
of farm lands and increasing urbanization, disposal of runoff water
has become a growing problem, magnified by interference both inadvertent
and intentional with the natural flow of such waters and the creation
thereby of hazards to public health and safety. For the purpose of
controlling such hazards, this chapter is enacted.
It shall be unlawful for any person, firm, or corporation hereafter:
A.
To construct, install, or erect a drainage ditch, culvert, drain
pipe, sluice or other type of structure for the drainage and disposal
of surface and stormwaters;
B.
To dam, obstruct, alter, divert or restrict the flow of surface waters
through any existing ditch, ravine, watercourse, culvert, drain pipe,
sluice or other natural or artificial channel by which surface waters
have customarily been conducted toward an ultimate disposition into
a body of navigable water; without first having obtained permission
therefor from the Town Board as hereinafter provided.
The provisions of the preceding section shall not apply:
A.
To any ditch, drain or water channel located wholly upon the land
of a single property owner and so long as there is no interference
or change in flow of surface waters from or onto the lands of others,
including public and private roads and highways.
B.
To any work performed by public authority, including any performed
pursuant to Chapter 596 of the Session Laws of 1935 as amended.
Application for permission to perform any work described in § 340-2 of this chapter shall be submitted in writing to the Town Board, and shall include the following:
A.
Map or diagram of the property with the location and direction of
flow of all present and proposed ditches, streams, watercourses, pipes
and/or drainage structures which shall specifically disclose the changes
and alterations proposed to be made.
B.
Elevations based on U.S. Coast and Geodetic Survey datum of all features
shown.
C.
The percent of grade of the flow line of the proposed drainage structure;
the size, shape and kind of any pipe, conduit, sluice or other structure
to be constructed.
D.
The disposition which will be made of the water being drained or
channeled from the premises.
E.
A stormwater pollution prevention plan (SWPPP), if required for the proposed development activity under Article II of Chapter 143 of the Town Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 143-5B of the Town Code.
[Added 12-27-2007 by L.L. No. 3-2007]
The application shall be referred immediately to the Town Engineer
or other authority designated by the Town Board. The application and
site shall be examined by such Engineer or other authority for its
compliance with the master drainage system of the Town, and for any
alterations or modifications which may reasonably be required in order
to avoid possible danger to public health and safety and to provide
the orderly disposition of surface and stormwaters into storm drains,
ditches or other existing publicly owned or controlled drainage for
the area.
A.
If the Town Engineer or other authority designated shall find that the application together with any modifications therein agreed to by the applicant is in accordance with the standards set forth in this chapter, a permit may be immediately issued by the Town Clerk on certification of approval by the Town Engineer or other authority. Notwithstanding the foregoing, if a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 340-4E of this chapter, a permit shall not be issued unless such SWPPP complies with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code.
[Amended 12-27-2007 by L.L. No. 3-2007]
B.
If the applicant is dissatisfied with the modifications or changes
required by the Engineer or other authority, he shall be entitled
to a hearing before the Town Board on such notice, if any, to affected
property owners as the Board shall require, after which hearing the
Board shall determine by order the disposition to be made of the application.
[Amended 12-27-2007 by L.L. No. 4-2007]
All drainage ditches, culverts, drains, sluices and drainage structures shall be kept open and free-flowing at all times, and it shall be unlawful for any person, firm or corporation to throw or place any debris or material of any kind or to cause such to be thrown or placed into any drainage ditch or structure within the Town of Lewiston without having obtained a permit as hereinbefore provided. Notwithstanding the foregoing, it shall be unlawful for any person, firm or corporation to discharge or cause to be discharged into the municipal separate storm sewer system, as defined in § 270-4 of the Town Code, any materials other than stormwater except as provided in Article IX of Chapter 270 of the Town Code.
A.
Violation of any of the provisions of this chapter is hereby declared
to be an offense against such chapter.
B.
For every violation of any provision of this chapter, the person
violating the same shall be subject to a fine of not more than $100
or imprisonment not exceeding 30 days, or both.
C.
The Town Board shall have such other and additional remedies as are
provided by law to enforce the provisions of this chapter and to restrain,
correct or abate any violations thereof.
