§ 52.40 REQUIREMENTS.
   (A)   Sump pump systems. Sump pump systems shall be recommended in present residential, commercial and industrial buildings and required in such structures which are new construction expect in situations of an on grade construction.
   (B)   Storm water discharge prohibited. It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any storm water, ground water, roof run-off, pond overflow, well water or water from residential, industrial, or commercial air conditioning systems to drain into the sanitary sewer system of the town. No rainspout, or other form of surface drainage and no foundation drainage or sump pump shall be connected or any substance other than sanitary sewage discharged into any sanitary sewer except as provided herein. It is unlawful for any person or residence to discharge any water from roof, surface, and perimeter drain tile, footing tiles, swimming pools, hot tubs or other natural precipitation into the sanitary sewer or adjoining properties.
   (C)   Sump pump discharge. Dwellings, buildings and structures may use a permanently installed sump pump and discharge line to the outside to prevent the inflow infiltration of clear water into the sanitary sewer, except as provided herein. A permanent installation shall provide for year round discharge capability to the outside of the building, connected to a storm sewer, or discharges through the curb to the street. When required, the discharge line from the sump pump shall be of rigid construction without valving or quick connection for altering the path of the discharge.
   (D)   Seasonal waivers. The Utility Administrator or other designated person(s) shall have the power and duty of hearing and deciding requests for seasonal waivers from the applicability of the provisions of this subchapter where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration or cause resulting safety problem(s). Application for waiver shall be addressed in writing to the Utility Administrator or other designated person(s). The applications should identify the property for which a waiver is being sought, the name of the property owner/applicant and describe in detail what characteristics of the subject property create undue hardship. Within a reasonable time, not to exceed 30 days, the Utility Administrator or other designated person(s) shall make a decision on the waiver and serve a copy of such order to the applicant by mail. Upon approval of an application for a waiver, the property owner shall be allowed to temporarily pump into the sanitary sewer system between the dates of November 1 through April 1. The holder of a waiver shall request an authorized town employee to certify that prior to April 15 of each subsequent year, the property owners' discharge water connection has been removed from the sanitary sewer. Failure of the property owner to obtain such certification shall be a violation of the herein subchapter.
   (E)   Variance. Any application for a variance shall be addressed to the Board of Zoning Appeals in writing, with no application fee. The application shall identify the property for which the variance is being sought, the name of the property owner/applicant and describe in detail what characteristics of the subject property create a problem. The Zoning Appeals Board will discuss and suggest a solution to the problem with the owner/applicant. If the property owner is not satisfied with the suggested solution they may present the issue to the Town Council for a determination of the matter.
   (F)   Drain title system. A drain tile, sump basket, pump, electrical receptacle and pipe connection to the outside shall be recommended for any existing present residential buildings and required for new residential buildings within the town. The Building Commissioner may determine the need for such installation when slab on grade construction occurs. The system shall be installed as follows:
      (1)   The building shall have a drain tile placed around the perimeter of the foundation connected to a sump pit. The sump pit shall be located at least ten feet away from any inside floor drain on all new construction.
      (2)   When required a discharge pipe shall be installed to the outside wall of the building with recommended rigid pipe (plastic, copper, galvanized or black pipe). When required the sump pump electrical supply shall be installed as required by the Sellersburg Building Code.
      (3)   When the construction consists of hollow masonry units, weep hoses shall be inserted into every core of each block of the first course and placed into the gravel filled trench in such a manner of protect the hoses from blockage when the concrete floor is poured.
   (G)   Alternate system. The provisions of this section are not intended to prevent the use of any material or method of construction not specifically prescribed by this section, provided any alternate material or method has been approved and its use authorized by the Building Commissioner. The Building Commissioner may approve any such alternate material or method, provided the proposed design is satisfactory and complies with the provisions of this section and the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this section. The Building Commissioner shall require sufficient evidence to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate material or method shall be recorded and entered in the files of the office of Building Commissioner.
   (H)   Existing installations. When a drain tile system is to be installed in an existing structure that had no system of surface water drainage when first constructed, the system shall be installed as if new construction.
(Ord. 2004-021, passed 9-13-04)