(a) Improvement of watercourse. Whenever a residential subdivision or commercial development constructs improvements upon lands, which is traversed by a watercourse, the landowner/developer shall make improvements to said watercourse. These improvements shall consist of the following:
(1) All debris and obstructions within the channel (bank to bank) shall be removed. This shall include but not be limited to logjams and trash.
(2) Clear all trees which are dead and leaning at a 45 degree or greater angle or trees with roots that are exposed in the channel and potentially will fall into the stream. In clearing, the tree shall be cut flush with the ground and treated with an EPA-approved brush killer.
(3) All stream bank erosion shall be repaired in an acceptable manner approved by the City of Carmel.
(4) The above-required improvements must be reflected on the overall design plans for the development and submitted to the City of Carmel for prior approval.
(b) Maintenance of watercourse. Entities owning property through which a watercourse passes, or such an entity's lessee, shall keep and maintain that part of the watercourse in accordance with this Article and the City of Carmel Property Maintenance Code. In addition, the entity or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The entity or lessee shall not place or construct a privately owned structure(s) or other impairment as defined in the City of Carmel Property Maintenance Code within or adjacent to the watercourse such that is an impairment or a detriment (as defined in the City of Carmel Property Maintenance Code) or in such a location that is in violation of the City of Carmel Property Maintenance Code.
(Ord. D-1794-06, 2-6-06)