§ 1334.11  EASEMENTS.
   (a)   Access to storm water management practices as required by the City Engineer for inspections and maintenance shall be secured by easements.
   (b)   The following conditions shall apply to all easements:
      (1)   Easements shall be included in the inspection and maintenance agreement submitted with the comprehensive storm water management plan.
      (2)   Easements shall be approved by the city prior to approval of a final plat and shall be recorded with the County Auditor and on all property deeds.
      (3)   Unless otherwise required by the City Engineer, 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.
      (4)   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.
      (5)   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. 05-17, passed 3-30-2017)