(A) A drainage system shall be designed and constructed by the subdivider to provide for the proper drainage of surface water in the subdivision and the drainage area of which it is a part. The system shall be constructed and installed in accordance with plans and specifications approved by the County Surveyor. In designing a drainage system, the subdivider shall be guided by the following standards.
(B) (1) All streets shall be provided with an adequate storm drainage system consisting of curbs, gutters and storm sewers or side ditches and culverts as determined by the Plan Commission.
(2) Street drainage shall serve as the primary drainage system and shall be designed to carry at least the street, adjacent land and house storm water drainage.
(3) Whenever the evidence available to the Commission indicates the natural surface drainage is inadequate, the subdivider shall provide the subdivision with an adequate storm water sewer system. When the surface drainage is adequate, easements for surface drainage shall be provided.
(4) When topsoil has been removed on a slope where erosion will cause a displacement of loose materials, the subdivider shall be required to seed or provide other means to prevent the wash from damaging adjacent property. The erosion control measures shall be in accordance with standards and specifications on file in the County Soil and Water Conservation District office.
(C) In order to ensure the maintenance of a properly designed and installed drainage system, the following paragraphs shall be required as a provision of the restrictive covenants of all final plats. The proposed owner shall sign the covenant and a copy shall be filed with the County Surveyor.
Drainage swale ditches along dedicated roadways and within the right-of-way or on dedicated drainage easements, are not to be altered, dug out, filled in, tiled or otherwise changed without written permission of the Marshall County Surveyor. Property owners must maintain these swales as seeded grass ways or other non-eroding surfaces.
Water from roofs or parking areas must be contained on the property long enough so that said drainage swales or ditches will not be damaged by such water. Driveways may be constructed over these swales or ditches only when appropriate sized culverts or other approved structures have been approved by the County Surveyor.
Any property owner altering, changing or damaging these drainage swales or ditches will be held responsible for such action and will be given ten (10) days' notice by registered mail to repair said damage, after which time, if no action is taken, the Marshall County Surveyor will cause such repairs to be accomplished, and the bill for such repairs will be sent to the affected property owners for immediate payment.
(Ord. 83-003, passed 4-12-1983)