(A) General responsibilities.
(1) The town will be responsible for providing necessary drainage facilities on town-maintained streets within dedicated rights-of-way to accommodate existing storm flow or increased flow from development, and for maintaining drainage facilities on all town-maintained streets within dedicated rights-of-way.
(2) Inasmuch as civil law provides that lower lands are subservient to upper lands for natural drainage flowing to it, the town cannot be responsible for problems on private property that result from acceleration of flow from development by the town or others that becomes the natural burden of lower lands, or other drainage problems on private property.
(B) Specific policies.
(1) The town will provide and pay for all work that is necessary in order to provide adequate drainage of town streets.
(2) The town will install pipe for driveway crossings, provided the property owner furnishes the size and quantity of pipe necessary and approved by the Public Works Director.
(3) The town will not enter upon private property to pipe drainage ditches, maintain drainage ditches or to correct drainage problems other than what is necessary to provide adequate drainage for town streets.
(4) The town will not become involved in disputes between adjoining property owners involving drainage problems.
(5) Improvements to drainage facilities along town streets requested by a property owner that are not necessary for providing adequate street drainage shall be at the expense of the property owner.
(6) These improvements would consist of piping ditches along town streets, providing rip-rap slope protection, providing concrete ditch channels or increasing the size of an existing culvert for the benefit of the property owner.
(7) Improvements or alterations to drainage facilities on city streets must be approved by the Public Works Director.
(Ord. passed 2-2-2004)