It shall be unlawful for any person to stop, fill, dam, confine, pave, alter the course of, or otherwise interfere with any natural or constructed drain, or drainage way without first submitting a drainage plan to the city and receiving approval of that plan. Any deviation from the approved plan is a violation of this chapter. This section shall not prohibit, however, necessary emergency action to prevent or mitigate drainage that would be injurious to the environment, the public health, safety, or welfare. No filling, blocking, fencing or above-surface vegetation planting shall take place within a floodway. For an overland drainage ditch, swale or flow-way:
(A) Silt screen fences shall not be permitted below the top of the bank of a water body.
(B) Chain link fences shall be permitted if the city determines that the fence will not obstruct or divert the flow of water.
(C) If a fence is removed by the city for drain access or drain maintenance, the fence shall be replaced by the owner of the fence at the owner's expense.
(D) No shrubs or trees shall be planted below the top of the bank of a water body. Shrubs, trees or other aboveground vegetation shall not be planted over the top of an underground storm sewer or within an easement within which the storm sewer has been installed.
(Ord. 35-2004, passed 10-12-04; Am. Ord. 37-2005, passed 10-11-05) Penalty, see § 157.999