§ 157.29 DRAINAGE REQUIREMENTS FOR MINOR SUBDIVISIONS AND OTHER LAND DISTURBING ACTIVITIES.
   (A)   Driveway requirements. Any site that derives access from a city street shall be required to obtain approval from the Street Commissioner, or designee, prior to installation of a new access to the street. Any site that derives access from a county highway shall be required to obtain approval from the County Highway Supervisor, or designee, prior to installation of a new access to the highway. A drainage culvert for the purpose of conveying water from the roadside ditch underneath the driveway shall be required to be placed under all driveways entering onto a county road, unless a culvert is deemed unnecessary by the County Highway Supervisor. The minimum size for such a culvert shall be 12 inches in diameter and 30 feet in length. The size of the drainage culvert shall provide capacity for the flow from a 25-year design return period storm.
   (B)   Allowable drainage outlet. It shall be illegal to outlet any storm sewers, sump pump drains, downspout drains, perimeter septic system tile drains, farm tile drains, foundation or floor drains into the right-of-way of any roadway including all county roads, state highways, federal highways, private streets, regulated open or tile drains, onto adjacent property, and so on, without the written approval of the agency having jurisdiction over the roadway, regulated drain, or the owner of the property upon which the water will flow. Outletting of subsurface tile drains into a 6 or 8-inch outlet tile or open channel of a legal drain located within a county road right-of-way and which has been designed to serve such a purpose shall be permitted subject to plan approval of the County Surveyor or the County Highway Supervisor.
   (C)   Maintenance of existing roadside ditches. The excavation, filling, paving, and/or any other type of construction of roadside drainage ditches located within county highway right-of-ways is prohibited. Exceptions may be granted by the Drainage Board or the County Highway Superintendent and must be in writing prior to beginning construction. Extension and paving of existing driveways within the road right-of-way shall be required to extend existing culverts and must seek and receive driveway construction approval from the County Highway Department.
   (D)   Road cuts and restoration. Any excavation within a city street must be approved by the Street Commissioner, or designee, prior to construction. Any excavation within a county highway must be approved by the County Highway Supervisor, or designee, prior to construction. All excavation and spoil removal is the responsibility of the development owner. On county roadways, the County Highway Department will provide and install backfill and pavement restoration materials, given 48 hours notice prior to construction.
(Ord. 2000-22, passed 12-28-00) Penalty, see § 157.99