(A) (1) No person shall, or shall cause another to, 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 a highway, without first obtaining a permit in accordance with division (B) below. No such permit shall be granted until and unless it is determined that the work will not cause surface water to drain from such land to a 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.
(2) No person shall, or shall cause another to, excavate in, fill, cut or change the grade of any highway, or perform any other work within the highway limits without first obtaining a permit in accordance with division (B) below.
(3) No person shall construct, alter or move any building or other structure, or perform any other work which requires a building permit under the State Building Code, without first obtaining a permit in accordance with division (B) below.
(B) (1) Applications for such permits shall be made to the Town Engineer, or to such other person as may be designated by the First Selectman, on a form prescribed by the Town Engineer. Such permits shall be signed by the Town Engineer or such other designated person.
(2) The Town Engineer shall require from the applicant such information as may be necessary to enable him or her to determine the nature of the proposed work and what construction methods and details should be required to satisfy the provisions and intent of this section.
(3) When, in his or her opinion, the best interests of the town make it advisable, he or she may require a plan and profile prepared by a professional engineer at the expense of the applicant.
(4) The First Selectman, upon the recommendation of the Town Engineer, may require from the applicant evidence of liability insurance and a surety bond, in such amounts as may be, in the opinion of the Town Engineer, advisable for the protection of the town. The Town Engineer shall, from time to time, recommend to the First Selectman reductions and releases of such surety bonds insofar as that may be done consistent with satisfying the provisions and intent of this section, and the First Selectman may thereupon reduce and release such bonds.
(C) (1) This section shall not apply to work undertaken by or for the state or the town.
(2) When the Town Engineer determines that the proposed work will not affect a town highway, he or she shall waive the provisions of this section.
(D) Any permit granted hereunder may be suspended, modified or revoked by the Town Engineer if unforeseen conditions or events occur or if there shall be failure to comply with the provisions of the permit.
(E) Any person claiming to be aggrieved by the action of the Town Engineer hereunder may appeal therefrom to the First Selectman within 30 days from the date of the action appealed from. Any person claiming to be aggrieved by the decision of the First Selectman on such an appeal, or by the action of the First Selectman under division (B)(4) above, may appeal therefrom to the Board of Selectmen within 30 days from the date of the decision by the First Selectman on such an appeal or the date of the action of the First Selectman under division (B)(4) above. Any such appeal shall be made in such manner and form as shall be determined by the First Selectman. Within 30 days from the date of the appeal, a hearing shall be held thereon after notice is given to all parties deemed to have an interest. The decision or action appealed from may be approved, disapproved or modified in order to satisfy the purposes of this section.
(Ord. passed 9-21-1975) Penalty, see § 150.999
Editor’s note:
TM Volume 12, page 149