§ 51.048 DRAINAGE EASEMENT REQUIREMENTS.
   (A)    There shall be not trees or shrubs planted, nor any structures or fences erected in any drainage easement, unless otherwise accepted by the Ingalls Drainage Board and/or the Ingalls Town Engineer and/or the Ingalls Town Manager. 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 Ingalls' system at the discretion of the Ingalls Drainage Board and/or the Ingalls Town Engineer and/or the Ingalls Town Manager. The developer shall petition to incorporate the storm system into the Ingalls' system. The stormwater management permit shall not be approved until such petition is submitted in a form accepted by the Ingalls Drainage Board and/or the Ingalls Town Engineer and/or the Ingalls Town Manager.
   (B)   The following specific areas shall be included in a petition:
      (1)   Subdivisions.
         (a)   All new channels, drain tiles equal to or greater than eight inches in diameter, inlet and outlet structures of detention and retention ponds, and appurtenances thereto as required by this chapter, that are installed in subdivisions requiring a stormwater management permit from the Ingalls Drainage Board shall be petitioned by the project site owner to become incorporated into the Ingalls' system upon completion, proper inspection, and acceptance by the Ingalls Drainage Board and/or the Ingalls Town Engineer and/or the Ingalls Town Manager. New drain tiles refer to all sub-surface stormwater piping, tubing, tiles, manholes, inlets, catch basins, risers, etc.
         (b)   New drain tile, eight inches to 24 inches in diameter, shall be placed in a minimum 20-foot easement (ten feet from centerline on each side) and shall be designated on the record plat as 20-foot regulated drain easement (RDE). Pipes that are 24 inches or larger in diameter shall be placed in a 30-foot easement (15 feet from centerline on each side) and shall be designated on the record plat as 30-foot regulated drain easement. Wider easements may be required by the Ingalls Drainage Board and/or the Ingalls Town Engineer when the depth of pipe is greater than six to ten feet, depending on the pipe size.
         (c)   A minimum of 25 feet from top of the bank on each side of a new channel shall be designated on the record plat as drainage easement.
         (d)   Rear-yard swales and emergency overflow paths associated with detention ponds shall not be included in petition for incorporation. However, a minimum of 30-feet width (15 feet from centerline on each side) needs to be designated as drainage easement.
         (e)   A minimum of 30 feet beyond the actual footprint (top of the bank) of stormwater detention facilities shall be designated as drainage easement. A minimum 30-foot width easement shall also be required as access easement, unless the pond is immediately next to a public right-of-way.
         (f)   The statutory 75-foot (each side) drainage easement for regulated drains already within the Ingalls' system may be reduced if the drain is reclassified by the Ingalls Drainage Board as an urban drain.
         (g)   If the Ingalls Drainage Board and/or the Ingalls Town Engineer 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 the recorded plat: "channels, tile drains eight inches or larger, inlets and outlets of detention and retention ponds, and appurtenances thereto within designated drain easements are extensions of the Ingalls' stormwater drainage system and are the responsibility of the Ingalls Drainage Board and/or the Ingalls Town Manager. Drainage swales and tile drains less than eight inches in inside diameter shall be the responsibility of the property owner or homeowner association."
         (h)   The following statement shall be put on each subdivision plat: "A petition addressed to the Ingalls Drainage Board has been filed in duplicate with the Ingalls Town Engineer, requesting that the subdivision's storm drainage system and its easements be accepted into the regulated drainage system. The storm drainage system and its easements that are accepted into the regulated drainage system are delineated on the plat as regulated drainage easements (RDEs). Regulated drainage easements are stormwater easements and drainage rights-of-way that are hereby dedicated to the public and to Ingalls, Indiana, for the sole and exclusive purpose of controlling surface water and/or for the installation, operation, and maintenance of storm sewers and tile drains as defined in Ingalls 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. All other storm drainage easements have not been accepted into the town'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. The Ingalls Drainage Board assumes no responsibility relative to said improvements or the maintenance thereof. This subdivision contains                linear feet of open ditches and               linear feet of subsurface drains that will be included in the town'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.
         (i)   Any crossing and/or encroachment of a drainage easement requires application and acceptance from the Ingalls Town Engineer and/or the Ingalls Town Manager.
      (2)   Non-subdivisions. Where the Ingalls Drainage Board and/or the Ingalls Town Manager is responsible for maintenance of the drainage system, drainage easements of 75 feet from the top of bank on each side of the channel or each side of the tile centerline must be dedicated to Ingalls. In addition, a minimum of 25-foot width of vegetative filter strip must be provided and maintained along top-of-bank, on each side, by the applicant within these easements.
      (3)   Establishment of new regulated drain. When the Ingalls Drainage Board and/or the Ingalls Town Engineer and/or the Ingalls Town Manager determines it is necessary to establish a new regulated drain, each developer shall provide the necessary information and meet the requirements of the 1965 Indiana Drainage Code, as amended, for the establishment of a new regulated drain. Necessary easements for adequate maintenance of any new regulated drain shall be determined by the Ingalls Town Engineer and/or the Ingalls Town Manager if not already established in this chapter.
      (4)   Municipalities and schools. 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 school property will be maintained, repaired, and constructed by the entity and will become regulated drains. The design must meet the standards of the Ingalls 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 between the property owner and the municipality and/or school.
(Ord. - -, passed 12-20-21)