Adopted on November 16, 1992 by the Board of Selectmen
Published on November 26, 1992
Effective Date: December 11, 1992
Section 1. PURPOSE
The purpose of this ordinance is to preserve public health, safety and welfare.
This ordinance is authorized by Connecticut General Statutes Sec. 7-192 which empowers the municipality “to adopt, amend and repeal ordinances…”
The intent of this ordinance is to establish a formal procedure for tying into the town’s storm drainage system and to prohibit the discharge of surface and subsurface water onto public property.
Section 2. SURFACE AND SUBSURFACE DRAINAGE REQUIREMENTS
A. No person shall lay, construct, open, or maintain any drain or conductor pipe in such a manner that the water from the same is discharged upon any sidewalk, street, or highway of the Town, or other public places in the town, either by discharge of such water onto private land in such a way that it drains onto such public way or public land unless authorized by the Bolton Land Use Department. Under no conditions shall this situation be permitted if an underground system exists in the street abutting the property to be drained.
B. Connections to any storm sewer under the jurisdiction of the town shall be made only upon payment of a permit fee in accordance with a fee schedule as shall be established from time to time by the Board of Selectmen, and after a permit has been issued by the Bolton Land Use Department and a performance bond sufficient to cover the cost of the proposed work has been posted with the Land Use Department.
C. No person other than a licensed contractor shall be issued a permit to make any connection or construct any pipeline for surface or subsurface drainage to the storm water system.
The Town Engineer or his agent shall specify the location at which a connection may be made to the system and may, at his discretion, require a backwater valve be incorporated into the system.
D. In the case of a new street, failure to make application to, and gain approval from the Land Use Department and post a performance bond with the Land Use Department prior to making connections of the storm sewer, will make such street unacceptable for inclusion in the highway system of the town.
Section 3. ENFORCEMENT AND VIOLATIONS
A. Any person who shall lay, construct, open, or maintain any drain or conductor pipe in such a manner that the water from the same is discharged upon any sidewalk, street, or highway of the Town, or other public place in the town, either by discharge of such water onto private land in such a way that it drains onto such public way or public land, shall be in violation of this ordinance. Any person who shall make any connection into the town drainage system without a permit, or who disobeys a written order of the Town Engineer issued under this ordinance, shall be in violation of this ordinance. Any violations of this ordinance shall be corrected within thirty (30) days after receiving written notice ordering such correction from the Land Use Department. If such correction of compliance with an order of the Land Use Department is not made within thirty (30) days of notification, the change may be made by the town Highway Department and the expense thereof shall be and remain, until paid in full with interest at a rate of twelve (12) percent per annum, a lien upon the property to be enforced and collected as other liens of the town. The town shall cause a certificate of lien to be recorded in the Town Clerk’s office within sixty (60) days after the determination of such expense.
B. Any person who is found to be in violation of any of the provisions of this ordinance shall become liable to the town of any expense, loss, or damage occasioned by the town by reason of such violation.
Section 4. EXEMPTIONS
Neither this ordinance nor any of its terms or provisions shall apply to any of its officers, boards, agencies, or departments.