Future access to all permanent vegetative and/or mechanical post-construction water quality conservation practices (BMPs) and other areas, as required by the City Engineer, shall be secured by means of perpetual easements.
(A) The easements shall be recorded in the name of the city and, in single-family residential developments, the homeowners association. Recorded easements must provide for community access.
(B) Such easements shall be not less than 25 feet in width, in addition to the width of the ditch, channel or other facility it is to serve. Further, an easement of this type shall be provided on one side of the flood control or storm drainage ditch, channel or similar-type facility.
(C) Access along the initial drainage system shall be by means of easements. Such easements shall be not less than 25 feet in width, with a minimum ten foot width on either side of the centerline.
(D) Access adjacent to storage facilities shall consist of a 25-foot easement in the case of detention (dry) basins, and a 25-foot easement with a 25-foot level bench in the case of retention (wet) basins, measured from the top of the bank, and shall include the storage facility itself.
(E) Easements for the emergency flow ways shall be a minimum of 25 feet in width, or larger if required by the City Engineer.
(F) Flood control or storm drainage easements containing underground facilities shall have a minimum width of 25 feet.
(G) The easements shall be restricted against the planting within said easement of trees, shrubbery or plantings with woody growth characteristics, and against the construction therein of buildings, accessory buildings, fences, walls or any other obstructions to the free flow of storm water and the movement of inspectors and maintenance equipment and also restricted against the changing of final grade from that described by the grading plan.
(Ord. 17-05, passed 2-7-2005; Ord. 102-10, passed 8-23-2010)