(A) General requirements. Where a subdivision is traversed by a drainage course, drainage way, channel or stream, a storm water easement or drainage right-of-way shall be provided, granted or dedicated to the county or appropriate jurisdiction conforming to the line of such watercourse. The width and construction of both shall be adequate for the purpose of drainage maintenance.
(1) Where possible the drainage shall be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.
(2) No building may be permitted within 75 feet of any legal drain, unless written variance from the Drainage Board is granted.
(B) Drainage easements.
(1) Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within street rights-of-way, then perpetual unobstructed easements at least 15 feet in width for such drainage facilities shall be provided across property outside the rights-of-way lines and with satisfactory access to the street.
(a) Easements shall be indicated on the plat.
(b) Drainage easements shall be carried from the street to a natural watercourse or to other drainage facilities.
(2) The applicant shall dedicate by drainage or conservation easement land on both sides of exiting watercourses of a width to be determined by the Commission and, in the case of legal drains, the County Drainage Board.
(3) When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat before final approval is granted.
(4) Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainage ways. Such land or lands subject to periodic flooding shall not be included in the computations for determining the number of lots allowable under average density procedures nor for computing the area requirement for any individual lot.
(Ord. passed - -)