Access to storm water management practices as required by the City Engineer for inspections and maintenance shall be secured by easements in the event that they are not performed by the owner, homeowner's association or other private party. The following conditions shall apply to all easements:
(a) Easements shall be included in the Inspection and Maintenance Agreement submitted with the Comprehensive Storm Water Management Plan.
(b) Easements shall be approved by the City prior to approval of a final plat and shall be recorded with the Cuyahoga County Recorder and on all property deeds.
(c) Unless otherwise required by the City Engineer, access easements between a public right-of-way and all storm water management practices shall be no less than 25-feet wide. The easement shall also incorporate the entire practice plus an additional 25-foot wide band around the perimeter of the storm water management practice.
(d) The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the Inspection and Maintenance Agreement for the site.
(e) Easements to structural storm water management practices shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of storm water and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the approved final grading plan. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the City at the property owner's expense. Grading and/or obstructions that is/are revised or removed may not be returned to original condition or configurations if determined by the City to be an obstruction to the operation and maintenance of the storm water facility.
(Ord. 2008-128. Passed 12-17-08.)