(A) Necessity of easements for onsite stormwater BMPs. Stormwater management easements shall be provided in a form required by the City Engineer, and recorded as directed as part of the approval of the city to assure:
(1) Access for inspections;
(2) Access to stormwater BMPs for maintenance purposes;
(3) Preservation of primary and secondary drainageways that are needed to serve stormwater management needs of other properties.
(B) Easements for offsite stormwater BMPs. The owner shall obtain easements assuring access to all areas used for offsite stormwater management, including undeveloped or undisturbed lands.
(C) Recording of easements, Easements shall be recorded with the appropriate County Register of Deeds, based on jurisdiction and according to county requirements.
(D) Recording prior to building permit issuance. The applicant must provide the City Engineer with evidence of the recording of the easement prior to final subdivision plat or condominium approval or other applicable final construction approval.
(E) Right-of-entry. The easements must contain a provision granting the city and its representatives the right of entry for the purposes of inspecting all stormwater BMPs at reasonable times and in a reasonable manner. This includes the right to enter a property when the city has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for the abatement of a public nuisance or the correction of a violation of this chapter.
(Ord. 22-002, passed 4-11-22) Penalty, see § 55.99