§ 97.02 CHANGES IN GRADE, EXCAVATING, PAVING AND FILLING.
   (A)   No person shall change the grade of any land, or excavate, pave or fill any land in such a manner as to cause surface water to drain from said land to the highway in such amounts or in such locations as to interfere with public travel, damage the highway, collect on the highway or drain from the highway on to land of any other person.
   (B)   No person shall change the grade of any land or excavate, pave or fill any land in such a manner as to cause surface water to drain from said land to the highway, without first obtaining a permit from the First Selectman. No such permit shall be granted until and unless the First Selectman shall determine that the work proposed will not violate division (A) above.
   (C)   Applications for such permits shall be made in such manner and form as shall be determined by the First Selectman. Where in his or her opinion the interests of the town make it advisable, the First Selectman may require an engineering plan and profile at the expense of the applicant, and may require the posting of a surety bond in an amount sufficient to protect the town.
   (D)   Any person claiming to be aggrieved by the action of the First Selectman hereunder may appeal therefrom to the Board of Selectmen within 30 days from the date of the action appealed from. The appeal shall be made in such manner and form as shall be determined by the Board of Selectmen, which shall, within 30 days from the date of the appeal, hold a public hearing thereon, first giving such notice as it shall consider sufficient to all interested parties. The Board of Selectmen may approve, disapprove or modify the action appealed from or take such other action as it shall consider appropriate to the purposes of this section.
   (E)   The Board of Selectmen may, from time to time, set fees for such permits.
(Ord. passed 5-2-1970) Penalty, see § 97.99
Editor’s note:
   TM Volume 10, page 255