§ 34-13. Drainage within town rights-of-way.

(a)

An un-obstructed flow path for drainage infrastructure along town rights-of-way shall be maintained. Town rights-of-way are necessary for legal/uncontested access by local government to drainage courses and infrastructure so that they may be constructed, maintained and improved to enhance public health and safety. Improperly installed fencing, landscaping, or the creation of other impediments or changes within the right-of-way may interfere with drainage along the roadway.

(b)

Construction or installation of permanent or temporary structures, landscaping, grading alterations, or other encroachments within, under, above, or upon any public right-of-way, are prohibited without the express permission from the town.

(c)

Homeowners shall be responsible for maintenance of town approved right-of-way encroachments, including culvert and driveway maintenance, routine grounds maintenance such as grass mowing, and trash or debris removal that may impede the flow of water within drainage conveyances.

(d)

Upon approval by the board of commissioners, the town may allow and may accept for maintenance, stormwater control and conveyance facilities built by others on town rights-of-way or on town-owned properties.

(1)

The design of such facilities shall be approved by the town at the sole discretion of the town, and the construction of such facilities shall be in strict conformity with the approved design.

(2)

Approval can only be granted after an identification and evaluation analysis of significant cumulative impacts on the entire drainage system, up to the ultimate point of disposal, utilizing such supporting information, documents, evaluations, studies and other resources as the town may deem necessary.

(3)

The town may establish and impose review fees to cover the cost of design review and construction inspection, and facility fees to cover the cost of capital impacts resulting from the proposed facilities.

(4)

The operation and maintenance of facilities accepted by the town for maintenance on town rights-of-way or town-owned property shall be at the expense of the town.