(A) In the event that any permittee's development is to create sufficient additional surface drainage run-off, so that the existing downstream highway drainage facilities such as cross-drain pipes or culverts, storm drain systems, entrance pipes open ditches, paved ditches, special channels, or any other drainage facility within county maintained right-of-way becomes inadequate to accommodate the increased flow it is then the sole responsibility to the permittee to:
(1) Modify or replace the downstream highway drainage facility or facilities, in order that the increased flow is adequately accommodated to the satisfaction of the department; or
(2) Provide and on-site retention basin of appropriate capacity and discharge design to enable the existing downstream highway drainage facilities to continue to function adequately to the satisfaction of the department.
(B) The permittee is required to gather whatever data and submit whatever plans and information as the Director of Public Works deems necessary in order to enable him or her to properly evaluate the proposals and ascertain that highway standards will be met and satisfactory results obtained.
(C) Any alterations and measure determined to be necessary are to be a part of the permittee's commercial access permit, and no permits are to be issued prior to final agreement on all aspect of this work.
(D) It is further specified that the permittee must assume all responsibility for any law suits or damage claims resulting from alterations made in the existing highway drainage system.
(Ord. 620.11, passed 8-29-95) Penalty, see § 97.99