Access to storm water management practices as required by the Storm Water Program Manager for inspections and maintenance shall be granted by easements. The following provisions shall apply to all easements:
(a) Easements shall be included in the inspection and maintenance agreement submitted with the Comprehensive Storm Water Management Plan.
(b) Easements shall be approved by the City prior to approval of a final plat and shall be recorded with the Lorain County Auditor. Easements granted after approval of the plat by the City shall be recorded as a separate document with the Lorain County Recorder.
(c) Unless otherwise required by the City Engineer or Storm Water Program Manager, access easements between a public right-of-way and all storm water management practices shall be no less than 25 feet wide. The easement shall also incorporate the entire practice plus an additional 25-foot wide band around the perimeter of the storm water management practice. Based on the review of the BMP or storm water management practice being considered, and in accordance with an agreed upon maintenance plan for the BMP or storm water management practice, the easement width may be reduced as recommended and approved by the Storm Water Program Manager.
(d) The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the inspection and maintenance agreement for the site.
(e) Easements to structural storm water management practices shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of storm water and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the City. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the City at the property owners' expense.
(Ord. 88-2012. Passed 6-25-12; Ord. 26-2013. Passed 3-25-13.)