(A) REGULATED DRAINAGE EASEMENTS (RDE) are stormwater easements and drainage rights-of-way that are dedicated to the public and trusted to the 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 this subchapter. These drainage easements are established under authority of the State Drainage Code, and the said Drainage Board may exercise powers and duties as provided in said code (for example, 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 the county.
(C) 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 county system at the discretion of the county.
(D) The developer shall petition to incorporate the storm system into the county system. The stormwater management approval shall not be granted until such petition is submitted in a form accepted by the county.
(E) If the county accepts the petition for incorporation into its 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 Hendricks County stormwater drainage system and are the responsibility of Hendricks County Drainage Board. Specific definitions and requirements associated with these RDEs and noted storm drainage systems are contained in § 152.041 of the Hendricks County Stormwater Management Ordinance and in the Hendricks County Stormwater Technical Standards Manual. Drainage swales shall be the responsibility of owner or homeowner association.”
(F) For petitions to the county, the following statement shall be put on each subdivision plat (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):
“A petition addressed to the Hendricks County Drainage Board has been filed in duplicate 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 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 Hendricks County Stormwater Management Ordinance and in Hendricks 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.”
(G) Any outlet to, crossing, and/or encroachment of a regulated drainage easement requires application and acceptance from the County Surveyor’s Office.
(Ord. 2017-03, passed 1-24-2017)