§ 152.095 STORM DRAINAGE.
   (A)   Where a subdivision is traversed by a water course, drainage way, channel, or stream, a drain easement shall be provided in accordance with standards of the Village Engineer. Such easements shall be placed so as not to interfere with the use of lots and shall conform to the duly adopted and published General Development Plan. Existing drainage ways may be rechanneled but such rechanneling shall not increase the flow or level, or cause impoundment, of water on properties upstream or downstream from the proposed subdivision, Exceptions may be made if such changes conform to an overall drainage plan for the particular drainage district.
   (B)   All natural water drainage ways and impoundment areas shall be preserved at their natural gradient and shall not be filled or interfered with in any way, except as approved by the Village Engineer. If, in the judgment of the Village Engineer, a natural water drainage way or impoundment area should be reserved in the public interest, a storm drainage easement of a width and/or to an elevation specified by the Village Engineer shall be dedicated to the village.
   (C)   The proprietor may be required to carry away by pipe or open ditch, in appropriate easements, any spring or surface water that might exist either previous to, or as a result of, the subdivision.
   (D)   A drainage facility to be provided in the proposed subdivision shall be large enough to accommodate potential run-off from its entire upstream drainage area, whether that area is inside or outside the subdivision. The design and size of facility shall be based on anticipated run-off from a 10-year storm under conditions of total potential development permitted by Chapter 151 of this code and other applicable provisions of this code, and recommended in adopted development policies for the lands within the drainage area.
   (E)   The effect of the subdivision on existing downstream drainage facilities outside the subdivision shall be reviewed by the proprietor and the Village Engineer. Where it is anticipated that the additional run-off resulting from development of the subdivision will overload an existing downstream drainage facility during a 10-year storm, the Village Engineer shall notify the Village Council of such potential condition. In such situations the Council shall not approve the subdivision until provision has been made for the improvement of said condition.
(1984 Code, § 5.581)