(a) Prior to the issuance of any permit that has a storm water management facility as one of the requirements of the permit, the applicant or owner of the site must execute and record an operation and maintenance easement agreement that shall be binding on all subsequent owners of land served by the storm water management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the City of Loveland, or their contractor or agent, and for repair and maintenance to be performed by the appropriate responsible parties to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement is to be shown on the final construction drawing, the site Storm Water Management Plan, and the record plat.
(b) All drainage easements shall be of sufficient area to contain the facility plus allow adequate space for maintenance and repair operations. The drainage easement boundaries shall be determined by the design engineer and accepted following approval by the City Engineer. However, the following constraints are the minimums required:
(1) A minimum easement width of ten (10) feet for swales or ditches, and a minimum of twenty (20) feet for all other storm water conveyance systems.
(2) The minimum easement for all detention and retention facilities shall be the area defined by the one hundred (100) year storm elevation.
(3) An easement responsible for the maintenance of the facility between the public right of way and any storm water facility requiring maintenance. The easement must also include the structure or feature requiring maintenance. The easement shall be of adequate width to perform any required maintenance, but not less than twenty (20) feet.
(Ord. 2022-31. Passed 4-12-22.)