(A) It shall be illegal for any sump pumps, down spouts, or foundation drains, or other surface water drainage system (hereinafter drains) to outlet directly onto any paved street, road, sidewalk, alley, or walkway (hereinafter “improved right-of-way”) within the town, or to be connected with the sanitary sewer system. Such drains shall either:
(1) Be connected to an available subsurface drainage system (but not the street sub-base drain) as approved by the Town Stormwater Drainage Board; or
(2) If a subsurface drainage system is not available, such drain shall be set back a sufficient distance so that the discharge of water from the drain shall not cause a hazardous condition on the improved right-of-way.
(B) The term HAZARDOUS CONDITION, as used in this section, shall mean any condition that creates a substantial increased risk of personal injury or property damage or which substantially threatens the physical integrity of the improved right-of-way or causes premature erosion or deterioration of the improved right-of-way. It shall be the jurisdiction of the town’s Stormwater Board to determine the existence of hazardous conditions on or to improved rights-of-way, and the determination of the Stormwater Board shall be controlling.
(C) It shall be the responsibility of the owner and resident of the property on which a drain is located to ensure that the water from the drain is not discharging directly onto a sidewalk, walkway, road, street, or other improved right-of-way and to ensure that such drain is not causing a hazardous condition on an improved right-of-way. If a drain is causing a hazardous condition on an improved right- of-way, then the owner shall be responsible for taking steps necessary to set back the point of discharge or otherwise redirect the discharge from the drain as directed by the Stormwater Board in order to remove the hazardous condition.
(Ord. 2012-1, passed 2-14-2012) Penalty, see § 51.99