No plat shall be approved for any subdivision which is subject to flooding unless the plat conforms to the applicable requirements of this chapter.
(A) No plat shall be approved for any subdivision or part thereof which is subject to periodic flooding or which contains inadequate drainage facilities or which makes adequate drainage of streets impossible. However, if the subdivider agrees in writing to make improvements at his or her expense which will, in the opinion of the Plan Commission, make the area safe for human occupancy and use and further provide adequate drainage for streets, then the preliminary and final plat may be approved.
(B) Storm water drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of storm water to marshlands or swamps shall be considered by the Plan Commission for existing or planned surface drainage. Marshlands and swamps used for storm water shall provide for natural or artificial water level control.
(C) No existing ditch, stream, drain or drainage canal shall be deepened, widened, filled, rerouted or filled without written permission from the village.
(D) Where artificial channels must be constructed to augment the natural drainage system, the channels as well as the natural drainage ways may be planned as part of a recreation trail system. Channels shall be designed to be aesthetically compatible for recreational trail use.
(E) The drainage system shall be constructed and operational during construction or as approved by the Village.
(F) The natural drainage system shall be used as far as is feasible for the storage and flow of runoff.
(G) No plat shall be recorded for any subdivision situated within 500 feet of any surface drain or watercourse serving a tributary area of 640 acres or more, until the plat or map has been reviewed by the Department of Transportation, either independently or in cooperation with federal, state or local agencies, for the purpose of determining, for the protection of persons and property, the flood hazards involved, and a report thereon filed by that Department with the County Recorder.
(1994 Code, § 34-2-11)