In order to insure the maintenance of a properly designed and installed drainage system, the following divisions shall be required as a provision of the restrictive covenants of all secondary plats and shall be included in all deeds written relative to the plats. The proposed owner shall sign and the signed copy of this covenant shall be filed with the County Surveyor.
(A) Drainage swales, or 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 the written permission of the County Highway Engineer. Property owners must maintain these swales as sodded grassways or other non-eroding surfaces. Water from roofs or parking areas must be contained on the property long enough so that the drainage swales or ditches will not be damaged by the water. Driveways may be constructed over these swales or ditches only when appropriate sized culverts are installed as set out in § 155.091(E).
(B) Any property owner altering, changing, or damaging these drainage swales or ditches will be held responsible for the action and will be given ten days notice by registered mail to repair the damage, after which time, if no action is taken, the County Highway Engineer will cause the repairs to be accomplished, and the bill for the repairs will be sent to the affected property owner for immediate payment.
(’86 Code, § 7.1-48) (Ord. 1993-9G, passed 9-27-93; Am. Ord. 2015-10E, passed 10-20-15)
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