(A) Commercial development. Maintenance of all structures, conduits and pooling areas required to convey flow or provide detention for the development shall be the maintenance responsibility of the owner to its connection to a village-owned system or its release onto right-of-way. A signed drainage covenant as provided by the village shall be provided prior to site plan approval.
(B) Residential development.
(1) Pond area shall be a part of buildable lots and shall be maintained by adjacent residents. All conduits and structures shall be placed in easements and shall be the responsibility of the village.
(2) Pond areas not incorporated into buildable lots shall be designated as a recreation area and shall be the responsibility of a home owner’s association. Proof of home owner’s association requirements and responsibilities shall be submitted with preliminary plat.
(3) Regional detention retention basins not incorporated into buildable lots and owned by the village shall be designated a public recreation area and shall be the responsibility of the village.
(2007 Code, § 34-6-45)