(A) Regulated drainage easements (RDEs) are stormwater easements and drainage rights-of-way that are dedicated to the public and trusted to Hancock County Drainage Board for the sole and exclusive purpose of controlling surface water and/or for the installation, operation, and maintenance of storm sewers as defined in the Hancock County Stormwater Management Ordinance. These drainage easements are established under authority of the Indiana Drainage Code and the said Board may exercise powers and duties as provided in said code (e.g., annual drainage assessment per lot). All other storm drainage easements have not been accepted into the county's system.
(B) There shall be no trees or shrubs planted, nor any structures or fences erected in any drainage easement, unless otherwise accepted by Hancock County. 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 Hancock County system at the discretion of Hancock County. The developer shall petition to incorporate the storm system into the Hancock County system. The stormwater management approval shall not be granted until such petition is submitted in a form accepted by Hancock County.
(C) If Hancock County 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 regulated drainage easements (RDEs) are extensions of the Hancock County stormwater drainage system and are the responsibility of Hancock County Drainage Board. Specific definitions and requirements associated with these RDEs and noted storm drainage systems are contained in this section and in the Hancock County Stormwater Technical Standards Manual. Drainage swales shall be the responsibility of owner or homeowner association."
(D) For petition to the county, the following statement shall be put on each subdivision plat: "A petition addressed to the Hancock County Drainage Board has been filed with the Drainage Board, requesting that the subdivision's storm drainage system and its easements be accepted into the county's regulated drainage system. The storm drainage system and its easements that are accepted into the county's regulated drainage system are delineated on the plat as regulated drainage easements (RDEs). All other drainage easements have not been accepted into the county's system. All drainage improvements performed relative to the conveyance of stormwater runoff and the perpetual maintenance thereof, within the latter easements, shall be the responsibility of the owner or homeowner association. Within the latter easements, the Hancock County Drainage Board assumes no responsibility relative to said improvements or the maintenance thereof. Specific definitions and requirements associated with these RDEs and noted storm drainage systems are contained in Hancock County Stormwater Management Ordinance and in Hancock County Stormwater Technical Standards Manual. This subdivision contains __ linear feet of open ditches and __ linear feet of subsurface drains that will be included in the county's regulated drainage system." The noted regulated drain lengths, broken down by the length of open and tile drains, shall also be shown in tabular form in a prominent position on the plat.
(E) Any outlet to, crossing, and/or encroachment of a regulated drainage easement requires application and acceptance from the Hancock County Surveyor's Office and/or Hancock County Drainage Board.
(F) All new channels, swales, drain tiles, inlet and outlet structures of detention and retention ponds, and appurtenances thereto as required by this chapter, that are installed on the municipal or school property will be maintained, repaired, and constructed by the entity and will not become county regulated drains. The design must meet the standards of the Hancock County Stormwater Management Ordinance 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 Hancock County Stormwater Technical Standards.
(Ord. 2005-12C, passed 12-12-05; Am. Ord. 2018-11-A, passed 12-5-18; Am. Ord. 2022-10A, passed 10-4-22)