(A) DITCH LINES are defined as an indentation, ditch, or trough parallel with a road right-of-way, or turning away from the roadway where the primary purpose is to carry stormwater off, and away, from the roadway.
(B) The town will maintain all ditch lines running parallel to public streets controlled, and maintained, by the town.
(C) Maintenance shall include keeping ditch lines clear of any obstructions that may give reason for overflow or flooding. ditch lines will be kept as straight as possible with the roadway, and graded down to the point that any drain tile can, and will, receive a full flow of water if necessary.
(D) Drainage ditches that turn away from the roadway, and/or original ditch line parallel with the roadway, shall be the responsibility of the property owner. The property owner shall be responsible for keeping the ditch line clean of any debris that will obstruct the flow of stormwater, or that may cause stormwater to back up in the roadway, resulting in flooding.
(E) By the owner’s choice, and acceptance by the town, the land owner may give the town permission to keep a private ditch line clean. Permission shall include a signed agreement giving the town a right-of-way easement of at least 15 feet on each side of the ditch line to get equipment on the property to do necessary clean up and maintenance. If the ditch line represents the property line between two land owners, an easement agreement will be necessary from each property owner. If an agreement from both property owners cannot be reached, the agreeing party will have to dedicate additional property for the easement width. Any other specific terms of the easement agreement shall be determined by the Town Public Works Director, or his or her designee, but the Town Council must give final approval for any easement agreement established pursuant to this subsection.
(F) The town will not be responsible for maintenance, or make any improvements on private property, except as stated in subsection (E) above.
(Ord. 14-2003, passed 5-19-2003)