No person shall perform any act which creates or increases to
any extent the discharge of water or other substance onto Town highways.
No person shall cause any damage to the roadway, drainage structure
or any appurtenance of a Town highway, including, without limitation,
damage caused by vehicles which are overweight or which have improper
treads or tires.
Adherence to § 185-49 during construction shall be considered a condition of all building or other permits issued by any agency of the Town. Any act creating or increasing the discharge of water or other substances, or causing damage as set forth in said § 185-49, shall be sufficient cause to revoke any permit issued by any agency of the Town for work which was being furthered by said acts.
A.
Where § 185-49 has been or is being violated, the First Selectman may, at his option:
(1)
When the Town highway or the safety of persons using said highway
is threatened, take all measures necessary to protect the Town highway
from said discharge, to remove any accumulated substances, and to
repair any damage for the account of the violator; and
(2)
Issue a written order specifying the nature of said violation, the
substances to be removed and/or the repair work to be performed, and
setting a date by which said violation shall cease and any removal
or repair work be accomplished; or
B.
Said order shall be sent to the violator by certified mail, return
receipt requested. If said order is not complied with, the First Selectman
may then, without further notice, take all measures necessary to protect
the Town highway from said discharge, to remove any accumulated substances
and to repair any damage for the account of the violator. The Town,
acting through the Board of Selectmen, may accept payment for and/or
institute suit to recover the costs of any work to protect the Town
highways from said discharge, for removal of accumulated substances,
and repair of damage.
If any permits are revoked because of a violation of § 185-49, the authority causing such revocation shall, as a condition of the reinstatement of said permits, require full payment for any costs incurred by the Town as a result of said violation, and may require a guaranty in cash or letter of credit to the Town in an amount not to exceed the costs incurred by the Town as a result of the violation for which the permit was revoked, said guaranty to be released when the work under permit has been completed without further cost to the Town as a result of subsequent violations.
A.
Where storm drains exist in the street, all roof and building drains,
drainage trenches and other structures, ditches and devices used to
affect the natural flow or percolation of water, which were created
or constructed subsequent to the effective date of this chapter and
which would otherwise discharge directly or indirectly into said street,
shall be connected with said storm drains in a manner satisfactory
to the First Selectman.
B.
Where storm drains exist on the effective date of this section or
are subsequently installed in any Town highway, the First Selectman
may order any person owning and/or controlling any such drain, trench,
structure, ditch or device which is capable of discharging water upon
said Town highway to connect with said storm drains in a manner satisfactory
to the Town Engineer. Said order shall be writing, shall be mailed
to such person by certified mail, return receipt requested, and shall
specify the date, not less than 30 days after mailing, when such connection
shall be completed. Upon agreement between the First Selectman and
the person so ordered, or upon the failure of said person to complete
the connection as ordered, the Town may make said connection for the
account of said person and, acting by the Board of Selectmen, may
accept payment therefor and/or institute suit to recover the costs
of said connection from said person.
