Any land use permit issued by the Town of Chincoteague for the installation of a private sewer line within the public right of way shall only be issued when there is no other reasonable alternative route for said line(s) over privately owned land to a suitable drain field area, taking into consideration the availability of securing private easements, including the costs and number of such easements; the installation costs of such lines along any such route over private lands; engineering concerns; and any other factors which make such alternative route not feasible.
No such permit shall be valid, and no work shall be commenced thereunder until (1) the Permittee has been issued all valid sewage disposal permits as may be required by the Eastern Shore Health District (Accomack County) for the installation of such lines and necessary drainfields, a copy of which shall be affixed and become part of said permit, and (2) Sewage Disposal Permit and Land Use Permit have been recorded in the Clerks’ Office for the Circuit Court of Accomack County, Virginia, indexed in the names of all the Permittee landowners and the Town, both as Grantor and as Grantee, and a certified copy therof has been filed with the Director of Public Works.
Nothing herein contained shall operate to create any easement or right, except to the expressly set forth herein, in favor of any landowner or any parcel of real estate which said permit may benefit.
In the event the Town revokes any permit issued for any such work by reason of the noncompliance with the provisions thereof by the Permittee, which it shall have the right to do, after reasonable notice and hearing to the Permittee, the Town may, at its option, require the removal of all such lines and equipment and the restoration of such public right of way, at the Permittee’s expense, as such existed prior to such removal, or may require that such lines and equipment not be removed and left in place, but not be utilized.
All such approved installations shall be completed without open cutting, jetting or washing-in of pipe within any part of the paved right of way. Sewer pipes are to be sleeved inside of a larger galvanized steel, schedule 40 pipe for the total length of the installation within the public right of way. Sleeve pipes shall be fluid tight. If directional boring techniques are used, and sleeves are buried in excess of 48” from existing grade, polyethylene tubing may be utilized as a sleeve in lieu of the galvanized steel sleeve. In all areas in which the sewer pipe crosses a right of way or any water service line within the public right of way, the sewer pipe shall be sleeved as detailed above for the full width of the right of way and to extend an additional ten (10) feet on both sides of the right of way and/or water service line that is crossed. Installation shall be in accordance as specified by the Director of Public Works of the Town.
Upon completion of installation the Permittee must submit “as-built” plans of the actual installation in an approved format as determined by the Director of Public Works.
All such approved land use permits shall become null and void at such time that a central sewerage system may provide to the property for which any such land use permit has been issued.