(a) Necessity of easements for on-site stormwater BMPs. Stormwater management easements shall be provided in a form required by the city and the city attorney (see guidance manual), and recorded as directed as part of the approval of the city to assure access for inspections; (1) access to stormwater BMPs for maintenance purposes; and (2) preservation of primary and secondary drainageways which are needed to serve stormwater management needs of other properties.
(b) Easements for off-site stormwater BMPs. The owner shall obtain easements assuring use of and access to all areas used for off-site stormwater management, including undeveloped or undisturbed lands.
(c) Recording of easements. Easements required by this article shall run with the land and shall be recorded with the county register of deeds according to county requirements.
(d) Recording prior to building permit issuance. The applicant must provide the city clerk with evidence of the recording of the easement prior to final subdivision plat or condominium approval or other applicable final construction approval.
(e) Right-of-entry. The easements must contain a provision granting the city and its representatives the right-of-entry for the purposes of conducting periodic inspections of stormwater BMPs at reasonable times and in a reasonable manner. In addition, such easements shall be deemed to include the right to enter a property when the city has a reasonable basis to believe that a violation of this chapter is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.
(Ord. No. 203, 10-17-2016)