A. For purposes of this section: “private storm sewer” means a storm water service pipe installed underground in private property and designed to convey storm water runoff by means of a direct connection into a public storm water main; and “public storm water main” means any storm water mains and appurtenances owned by the village.
B. It shall be unlawful for any person to connect a private storm sewer for discharge into a public storm water main without first having made application for a storm water connection permit to the village on forms provided by the village. Owners of record shall submit such application, which shall state fully all purposes for which the storm water connection is desired and where it is desired to make such connection, the path of the private storm sewer, information concerning the size and material of the private storm sewer, the number of properties utilizing the private storm sewer and points of private connections, and such other engineering plans or detail as the village shall request. The application shall include documentation evidencing that the applicant has obtained the written consent of all owners of private properties through which such private storm sewer will traverse before making connection to the public storm water main. If required by the village engineer, the application shall be supplemented by plans and specifications, certified by a professional engineer. Village fees for review and issuance of a storm water connection permit shall be as set forth from time to time in the village fee schedule.
C. The issuance of a storm water connection permit and performance of work thereunder shall not create liability on the part of the village or any officer or employee thereof for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder. Each owner whose property is served by a private storm sewer that is connected to a public storm water main is bound by the following conditions, whether or not any permit previously issued for such work or hereafter issued for such work contains these conditions, which are deemed mandatory conditions of maintaining a direct connection by an owner of a private storm sewer into a public storm water main:
1. The village retains the right, at any time, for any reason, upon ten (10) days notice to the owner, to disconnect the private storm sewer from the public storm water main, without any liability whatsoever to the owner or any other person whom such owner has allowed to tie into the owner’s private storm sewer. In case of an emergency, the village may proceed with disconnection without prior notice to the owner but shall endeavor to provide written notice to the owner within 48 hours after such disconnection. Notice to the owner shall be sufficient if mailed to the address of the owner’s property indicated in the storm water connection permit, by United States certified or registered mail, or by personal delivery at such address.
2. Each owner having installed a private storm sewer that is connected to a public storm water main shall indemnify, defend and hold harmless the village, its agents, servants, and employees and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorney’s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to property, which may arise or which may be alleged to have arisen out of or in connection with the connection of the private storm sewer into the public storm water main. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the willful and wanton conduct of the village, its agents, servants, or employees or any other person indemnified hereunder.
(Ord. 2023-01, 5-8-2023)