All stormwater quality management systems, including detention or retention basins, filter strips, pocket wetlands, in-line filters, infiltration systems, conveyance systems, structures and appurtenances located outside of the right-of-way shall be incorporated into permanent easements. For developments occurring within the County's unincorporated areas and/or at the discretion of the Boone County Surveyor and/or Drainage Board, the developer shall petition to establish the noted system as a portion of regulated drain pursuant to the provisions of I.C. 36-9-27-54, and the drainage plan shall not be accepted until such petition is submitted in a form accepted by the County Surveyor and the County Drainage Board. The actual routine maintenance of detention/retention basins and/or other distributed post-construction stormwater BMPs shall remain the responsibility of the property owners and/or homeowners association. For the purposes of monitoring, inspection, and general maintenance activities, adequate easement width, as detailed in the Boone County Stormwater Technical Standards Manual, beyond the actual footprint of the stormwater quality management facility as well as a 20-foot wide access easement from a public right-of-way to each BMP shall be provided.
(Ord. 2015-01, passed 1-20-2015)