[HISTORY: Adopted by the Town Meeting of
the Town of Barre as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-18-1985 STM, Art. 6; amended in its entirety 6-12-2006 ATM, Art.
14]
The following words used in this bylaw shall
have the following meanings:
Includes, but not limited to, a driveway, a building, or
other structure. In addition includes alteration to the land.
Drainage permit.
Includes a corporation, society, association, partnership
or individual.
The Department of Public Works Superintendent.
Any way within the town, including but not limited to, a
public way, private way or way within a subdivision.
A.
Permit. No person shall construct an improvement on
any land abutting a way which may increase the volume of surface water
draining from the land onto the way unless the owner of the land has
first obtained a drainage permit from the Superintendent.
B.
Land lower than way. No person shall construct an
improvement on any land abutting a way, where the surface of the portion
of said land abutting said way is lower than the surface of the way,
unless the owner of the land shall first have:
(1)
Obtained a drainage permit from the Superintendent;
and
(2)
Delivered to the Superintendent an executed release
on a form approved by the Town Counsel suitable for recording in the
Worcester Registry of Deeds releasing the town from all claims for
damage to the land or improvement thereon resulting from surface water
drainage from the way onto the land.
C.
Land higher than way. No person shall construct an
improvement on any land abutting a way, where the surface of the portion
of said land abutting said way is higher than the surface of the way,
unless the owner of the land shall first have:
(1)
Obtained a drainage permit from the Superintendent;
and
(2)
Delivered to the Superintendent an executed release
on a form approved by the Town Counsel suitable for recording in the
Worcester Registry of Deeds holding the town harmless for all claims
for damage to the way or damage or injuries resulting from surface
water drainage from the land onto the way.
D.
Determination. The Superintendent shall determine
whether the way is higher than the land, or the land is higher than
the way. It may be that both situations exist thereby requiring both
releases.
A.
Applications for drainage permits shall be made by
the owner of the land to the Superintendent.
B.
Each application shall include and be accompanied
by the following information and supporting documentation:
(1)
The complete name and residential address of the owner
of the land, together with a copy of the deed.
(2)
A plan of the land showing, among other features,
each proposed improvement, all existing structures and the abutting
way. The plan shall also indicate terrain features and elevations
sufficient to determine surface water flow.
(3)
The complete address of the land.
(4)
Such other relevant information as may be required
by the Superintendent.
C.
Each application shall be accompanied by the sum of
$100 for the permit fee which the Superintendent shall pay over on
receipt to the Treasurer of Barre.
D.
A performance deposit of $2,000 to be deposited with
the Treasurer of Barre. In the event the Superintendent finds that
the applicant is not completing the work required pursuant to said
permit, in a timely fashion, funds may be withdrawn from said performance
deposit to complete the required work. Upon satisfactory completion
of all work required by the Superintendent pursuant to the permit
any balance remaining shall be refunded to applicant.
E.
An agreement to prepay for any engineering or consultant
services required by Superintendent to determine work, including drainage
facilities, to be required pursuant to the permit.
A.
The applicant of the land shall install such drainage
facilities as the Superintendent deems reasonably necessary to prevent
an undue volume of surface water draining from the land onto the way
or from the way onto the land, as the case may be. The permit shall
contain a description of the drainage facilities to be installed.
B.
The Building Department shall include the requirement
to obtain a drainage permit in any building packages issued.
C.
The owner shall give notice to the Superintendent
and Building Department prior to commencing the construction of an
improvement.
The Department of Public Works may adopt reasonable
rules and regulations, to carry out the purpose of this bylaw.
A.
The Superintendent and Building Department shall enforce
the provisions of this bylaw.
B.
Any person who violates any provisions of this bylaw
or of any permit issued hereunder after written notice of such violation
by the Superintendent, or Building Department, to such person shall
be liable to a penalty of $50. Each day that such violation continues
shall constitute a separate violation.
[Adopted 6-12-1995 ATM, Art. 41]
[Amended 6-15-2021 ATM, Art. 20]
No person, company or other entity shall make
any connection to a surface water drain, line culvert or catch basin,
in or on any public way within the town, no matter what the purpose
may be, without first obtaining approval and a permit from the Select
Board.
Each applicant shall pay a one-time application
fee of $100 for such permit. In addition the applicant shall pay the
cost of such connection including but not limited to any expense incurred
regarding digging up, replacing or resurfacing any town way involved.
[Amended 6-15-2021 ATM, Art. 20]
Each applicant shall provide the Select Board
with a recordable agreement holding the town harmless regarding any
damage to the applicant's property as a result of any overflow, backup
or other incident resulting from tie in.
It shall be considered a violation of this bylaw
in the event any tie in is made without such permit.
Every violation of this bylaw shall be subject
to a fine of $300. Each day the offense continues shall constitute
a separate violation.
