1050.08   INTERFERENCE WITH NATURAL OR ARTIFICIAL DRAINS.
   (a)   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 drainageway without first submitting a drainage plan to the Village 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 so as to prevent or mitigate drainage that would be injurious to the environment, the public health, safety, or welfare.
   (b)   No filling, blocking, fencing or above-surface vegetation planting shall take place within a floodway.
   (c)   The accumulation of yard waste is strictly prohibited in a drainageway.
   (d)   For an overland flow-way:
      (1)   Silt screen fences shall not be permitted below the top of the bank of a water body.
      (2)   Chain link fences shall be permitted if the Village determines that the fence will not obstruct or divert the flow of water.
      (3)   If a fence is removed by the Village for drain access or drain maintenance, the fence shall be replaced by the owner of the fence at the owner’s expense.
      (4)   No shrubs or trees shall be planted below the top of the bank of a water body except for the purpose of bank stabilization.
      (e)   Shrubs, trees or other above-ground vegetation shall not be planted over the top of an underground storm sewer or over the top of the easement within which the storm sewer has been installed.
      (f)   Except as permitted by law, it shall be unlawful for any person to store or stockpile within a drainageway any hazardous or toxic materials unless adequate protection and/or containment has been provided so as to prevent any such materials from entering a drainageway.
(Ord. 2011-4. Passed 8-8-11.)