(A) Whenever sedimentation is caused by stripping vegetation, regarding or other development, it shall be the responsibility of the applicant, person, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his or her expense as quickly as possible.
(B) Maintenance of all driveways, parking areas, drainage facilities and watercourses within any development plan area is the responsibility of the applicant or owner developer.
(C) It is the responsibility of the applicant and any person, corporation, or other entity doing any act on or across a communal stream, watercourse or swale or upon the floodplain or right-of-way during the pendency of the activity and to return it to its original or equal condition after such activity is completed.
(D) No applicant and person, corporation or other entity shall block, impede the flow of, alter, construct any structure, or deposit any material or thing, or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the County Drainage Board or the state’s Department of Natural Resources, Division of Water, whichever is applicable.
(E) Where a development plan area is traversed by a watercourse, the total development of the watercourse shall be considered. There shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage to the satisfaction of the Building Commissioner.
(F) Each applicant, person, corporation or other entity which makes any surface changes shall be required to:
(1) Collect on-site surface runoff and dispose op it to the point of discharge into an adequate outlet approved by the Building Commissioner;
(2) Handle existing and potent off-site runoff through his or her development by designing to adequately handle storm runoff from a fully developed area upstream;
(3) Pay his or her proportionate share of the total cost of off-site improvements to the common natural watercourse, based on a fully developed drainage area; and
(4) Provide and install, at his or her expense, in accordance with the Building Commissioner requirements, all drainage and erosion control improvements (temporary and permanent) as required by the erosion and sediment control plan.
(G) It is the responsibility of the applicant or owner to keep all major streams, not under the jurisdiction of other of official agency, open and free flowing.
(H) The applicant or owner will assume the responsibility for maintaining an open and free flowing condition in all minor streams, watercourses and drainage systems, constructed or improved in accordance with town and county design criteria on his or her property, which are necessary for proper drainage in the discretion of the Building Commissioner if adequate right-of-way exists or can be acquired.
(Ord. passed 10-19-1977)