(A) Drainage easements (DEs) are stormwater easements and drainage rights-of-way that are dedicated to the public and trusted to the town for the purpose of controlling surface water and/or for the installation, operation, and maintenance of storm sewers as defined in this section. These drainage easements are established under authority of the Indiana Drainage Code and the town may exercise powers and duties as provided in said code (e.g., annual drainage assessment per lot).
(B) There shall be no trees or shrubs planted, nor any structures or fences erected in any drainage easement, unless otherwise allowed by the town. All stormwater systems, including detention or retention basins, conveyance systems, structures and appurtenances, located outside of the right-of-way may be incorporated into the town system at the discretion of the town. The developer shall incorporate the storm system into the town system.
(C) If the town accepts the petition for incorporation into their system, the following statement shall become part of the restrictive covenants of every platted subdivision and shown on recorded plat:
“Channels, storm sewers, inlets and outlets of detention and retention ponds, and appurtenances thereto within designated Drainage Easements (DEs) are extensions of the Town of Fortville stormwater drainage system and are the responsibility of the Town. Specific definitions and requirements associated with these DEs and noted storm drainage systems are contained in Chapter § 53.304 of the Fortville Stormwater Management Ordinance and in the Fortville Stormwater Technical Standards Manual. Drainage swales shall be the responsibility of the property owner or homeowner association.”
(D) The following statement shall be put on each subdivision plat:
“The storm drainage system and its easements that are accepted into the Town of Fortville’s drainage system are delineated on the plat as Drainage Easements (DEs).”
(E) Any encroachment of a drainage easement requires approval by the town.
(F) All new channels, swales, drain tiles, inlet and outlet structures of detention and retention ponds, and appurtenances thereto as required by this subchapter, that are installed on municipal or school property will be maintained, repaired, and constructed by the entity. The design must meet the standards of this chapter for sizing and installation. Any off-site portion of the drainage system must be within easements and have clearly defined maintenance agreements.
(G) Additional easement requirements along stormwater conveyance systems and stormwater BMPs are contained in the Fortville Stormwater Technical Standards.
(Ord. 2020-1E, passed 1-6-20)