A "dry weather water outlet" is defined as an outlet from a
sump pump, footing tile, field tile, or other source which may discharge
at times other than periods of rainfall and pursuant direct surface
runoff.
No person shall hereafter construct, build, establish, replace
or maintain any dry weather water outlet which discharges onto a public
right-of-way, public street, public sidewalk, or other public property
maintained by the Village without first obtaining a permit to do so,
as hereinafter provided. Residents may obtain a copy of the "Application
for Permit for Dry Weather Water Outlet" forms from the Village. These
forms can be obtained from the Village Superintendent of Public Works
or his/her authorized deputy, at the Oakwood Village Hall. Completed
applications shall be submitted in duplicate along with a nonrefundable
fee. The amount of the fee will be established from time to time by
the Village Board of Trustees, but shall not exceed, for any one inspection,
the sum of $50.
A.
Dry weather water outlets are prohibited from discharging directly
onto public sidewalks, public streets or driveways within the public
right-of-way and are prohibited from discharging in any way that would
cause water to flow onto any public sidewalks, streets, or driveways
within the public right-of-way.
B.
Dry weather water outlets are prohibited from discharging onto any
public property, public right-of-way, public street or public sidewalk
if such discharge creates or contributes to a public hazard or public
nuisance.
C.
It is unlawful to connect any dry weather water outlet to public
pipes, field tile, or stormwater drainage system or to allow the dry
weather water outlet to discharge onto any public property without
having obtained a permit as required by this article.
D.
It is unlawful to allow any dry weather water outlet to discharge
into or to cause water to flow into a roadside ditch or other drainage
ditch or drainage easement without having obtained a permit as required
by this article.
Any dry weather water outlet heretofore constructed or established,
without a permit therefor, as required by the terms of this article,
shall be discontinued within a period of 180 days after the adoption
of this article, unless, within such 180-day period after the date
of the adoption of this article, a permit has been applied for and
such permit is thereafter issued by the appropriate authorities of
the Village.
Upon review of the permit application, the Village Superintendent
of Public Works shall determine whether the proposed construction
conforms to the requirements of this article. No permit shall be issued
unless the Village Superintendent of Public Works has inspected the
property for which the proposed permit is to be issued and has examined
plans or drawings submitted by the applicant. The Village Superintendent
of Public Works shall examine the site and the plans or drawings submitted
by the applicant to determine that the proposed construction, if any,
meets with the requirements of the Village Building Code, as applicable,
and this article.
If the proposed dry weather water outlet does conform to the
requirements of this article, the Building Commissioner or authorized
deputy will issue the permit for construction. If the proposed dry
weather water outlet does not conform to the requirements of this
article, the Village Superintendent of Public Works shall deny issuance
of the permit. If approval is denied, the applicant may appeal to
the Village Board of Trustees for a review of the decision rendered
by the Village Superintendent of Public Works. The Village Board of
Trustees may vary or adapt the strict application of any of the requirements
of this article where the strict application would result in unnecessary
hardship that would deprive the owner of the reasonable use of the
land.
The plans or drawings submitted by the applicant shall contain
sufficient information to allow the Building Inspector to determine
whether or not the construction will result in water being deposited
on Village property or other public property. The plans shall also
indicate whether or not any underground drainage pipe, tile, storm
sewer or stormwater drainage system exists which would be reasonably
available as an outlet for such water.
It is the further determination of the Village that the introduction
of discharge from a dry weather water outlet upon the public rights-of-way,
public sidewalks, public streets, or other public property situated
within the Village, under such circumstances where a permit has not
been issued, shall constitute a public nuisance, subject to being
abated by the Village through legal process.
Any party shall have the right to appeal decisions of the Village
Superintendent of Public Works to the Village Board of Trustees. A
request for an appeal shall be filed by the owner with the Village
Superintendent of Public Works who shall refer it, together with his
or her recommendation to the Village Board of Trustees for its decision.
The request for an appeal shall be written and shall state specifically
what action is sought and the public's interest in granting the
appeal.
The provisions of this article shall be deemed as additional
requirements to minimum standards required by other Village ordinances.
In case of conflicting requirements, the most restrictive shall apply.
This chapter shall not create liability on the part of the Village
or any officer or employee or agent thereof for any damages that result
from reliance on this article or any administrative decision lawfully
made thereunder.
