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Town of Salem, NH
Rockingham County
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Table of Contents
Table of Contents
Code
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[Adopted by the Board of Selectmen 3-21-1978 (Ch. 275, Art. I, of the 1995 Code)]
No person, company or corporation shall discharge or place water or material of any nature into or on the traveled portion of any public right-of-way, highway or street in the Town of Salem without a permit from the Engineering Department. Any permit so issued will set forth the period of time for which the permit shall be valid and shall ensure compliance with MS4 requirements/regulations.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
As used in this article, the following terms shall have the meanings indicated:
RIGHT-OF-WAY
Includes all land adjacent to the traveled portion of a public way or street that lies between the land owned by adjacent property owners.
TRAVELED WAY
The traveled or paved roadway, sidewalks, whether paved or not, and road shoulders.
In the issuance of permits, the Engineering Department shall consider first the public safety and convenience. It shall consider also:
A. 
The public nuisance value and aesthetic impact of such discharge or placement.
B. 
The availability to the applicant of other disposal measures.
C. 
The hardship to the applicant if the permit is denied.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The requirements of a permit hereunder may be waived if:
A. 
Weather conditions have created an emergency in that temporary flooding results in danger to life or property.
B. 
Conditions created during roadway or utility maintenance, repair, reconstruction, or construction require discharge of water onto the traveled way during such work.
Fines for violation of the provisions of this article, as adopted by the Board of Selectmen, are on file with the Town Manager and on the Town of Salem website. Fines shall not exceed the maximum penalty established pursuant to RSA 31:39, III.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).