§ 152.09 OPERATIONS AND MAINTENANCE.
   (A)   A detailed strategy for operational and maintenance elements of the program shall be developed. The program shall be reviewed and updated periodically.
   (B)   The property owner or subdivider shall be responsible for the maintenance of all drainage facilities including inlets, pipes, culverts, channels, ditches, and retention basins located on his or her land, unless modified or dedicated and accepted for public use and responsibility by the owner’s or subdivider’s agreement. Should the owner fail to adequately maintain the facilities, the town shall have the right to enter said land for the purpose of operations and maintenance.
   (C)   The maintenance program shall, wherever possible, be preventive and proactive in nature. As such, clear standards for maintenance service levels shall be established based on research, staff experience, and established systems priorities.
   (D)   Common areas associated with new development, which are also used for drainage facilities, must have clear maintenance plans that include a delineation of the method for collecting maintenance costs.
   (E)   Drainage easements shall be provided for installation, maintenance, and repair of drainage facilities.
   (F)   The town shall monitor the design, operation, maintenance, inspection, construction, and use of all storm sewers, storm drains, and stormwater facilities in the drainage service area. It shall also monitor facilities planned outside of the service area which may affect the area.
   (G)   The town shall have a prioritized plan to inspect, maintain, repair, remove, construct, and operate the drainage facilities on all town streets, alleys, viaducts, sidewalks, curbs, street crossings, grade separation, and other public ways and easements and all drains, ditches, culverts, canals, streams, levees, tunnels, and appurtenances thereof within the service area, unless otherwise indicated by the town.
   (H)   Every retention and detention basin shall be legally defined in either a deed or on a record plat and the entity responsible for maintenance specified.
(Ord. 1997-15-2, passed 7-31-1997)