It shall be unlawful for any person to deposit, place or permit to remain any dirt, glass, rubbish, garbage, refuse matter, snow, ice, equipment, construction material (including bricks, stones, piping, sand, gravel, wood, siding, and tile), gardening material (including mulch and topsoil) upon an public highway, street, lane, alley, or road in the Municipality. The material state herein shall include any material that would alter, change, divert, impede, or dam the normal flow of storm water or would be carried by such normal flow into a public culvert or storm sewer. The material stated herein shall include any material that would otherwise block the free movement of traffic on such public highway, street, lane, alley, or road in the Municipality.
Section 301 shall not apply to the following:
302.1
Vehicles lawfully parked or otherwise lawfully occupying the street;
302.2
Obstructions occurring pursuant to an approved Municipal program, such as the placement of leaves in a street during the leaf collection program;
302.3
Obstructions authorized by ordinance or pursuant to validly issued permit, such as street opening permit or block party permit;
302.4
Other obstructions authorized in writing by the Manager.
In order to protect against the adverse consequences of uncontrolled Sump Pump and Pipe Drain discharges, no person shall construct, install, improve, maintain, or permit to be operated on the person's owned or occupied property a Sump Pump or Pipe Drain onto a street, sidewalk or public right-of- way except as provided for below.
303.1 SUMP PUMP PIPE DRAIN MANUAL
Definitions.
Any device which allows any point discharge of water by forced pumping, pressure, or other force other than gravity.
Any device, pipe, downspout, or other object or configuration (including a swale or ditch) which discharges water by gravity.
The Manual for Sump Pumps and Pipe Drains, as the same is prepared and as it is revised by the municipal engineer from time-to-time.
303.2
New Sump Pump and Pipe Drain installations. Sump Pumps and Pipe Drains installed on or after January 1, 2021, shall comply with the following conditions and requirements:
303.2.1.
The Sump Pump or Pipe Drain discharge shall be directed:
(a)
Onto an absorbent surface as grass, mulch, rock or soil so that the discharge will be dissipated and not immediately drain to the municipal right-of-way or adjacent properties; the discharge location shall be ten feet (10') or more from any property line and otherwise as approved by the municipal engineer or the engineer's designee based on factors including distance from a property line and the likelihood of discharge or saturation of the public right-of-way, sidewalks or neighboring property; or
(b)
Directly into a storm sewer conveyance system that has adequate capacity to accommodate the peak rate and volume of stormwater flow, or other drainage facility; or
(c)
If neither of the foregoing are available, in a location as approved by the municipal engineer or the engineer's designee.
303.2.2.
The discharge location shall not create a public nuisance which is defined as any thing, condition or act which is or may become injurious or hazardous to the public.
303.2.3.
The discharge shall not create a risk of a build-up of icing, standing water, algae growth or cause erosion on the street, sidewalk or in the public right-of-way.
303.2.4.
The discharge shall not be directed to adjacent property in such a manner as to cause damage to the adjacent property, saturate the property, or create a nuisance.
303.2.5.
Sump Pump and Pipe Drain discharges may not be directed into a municipal street or right-of-way unless written permission is granted by the municipal manager or the manager's designee based on the availability of a storm sewer that can accommodate the peak rate and volume of stormwater flow. The manager or the manager's designee is authorized to establish application and other forms for such permission, and the Commission may set a fee for such application by resolution.
303.2.6.
The manual sets forth standards and guidance for compliance with this ordinance. The manual is incorporated herein by reference.
303.3
Existing Sump Pump and Pipe Drain installations. Sump Pumps and Pipe Drains installed prior to January 1, 2021, shall comply with the following conditions:
303.3.1.
An existing Sump Pump or Pipe Drain discharge may continue at the location where the discharge was made before January 1, 2021, as long as such discharge does not:
303.3.2.
An existing Sump Pump or Pipe Drain discharge that is causing a public nuisance or is creating a build-up of icing, standing water, algae growth or causing erosion on the street, sidewalk or public right-of-way shall be corrected by the owner to bring the Sump Pump or Pipe Drain discharge into compliance with the requirements with § 15-303.2.
303.3.3.
The municipal manager or the manager's designee may require the following:
(a)
The Sump Pump or Pipe Drain must have a point of discharge that is located a minimum of 10 or greater, as directed by the municipal engineer or the engineer's designee, from any property line or municipal right-of-way.
(b)
The discharge be directed within the limits of the owner's property onto an absorbent surface as grass, mulch, rock, or soil so that the discharge will be dissipated and not immediately drain to the municipal right-of-way or adjacent properties.
(c)
The discharge be directed into a municipal storm sewer conveyance system that has adequate capacity to accommodate the peak rate and volume of stormwater flow, or that a municipal storm sewer conveyance system be extended to the owner's property to receive the discharge.
303.3.4.
Costs for Sump Pump and Pipe Drain Discharge. Any and all costs for obtaining an approved Sump Pump or Pipe Drain discharge location and the construction of the same for either on private property or within the municipal right-of-way shall be borne by the property owner that operates the Sump Pump or Pipe Drain.