1352.11 EASEMENTS.
   Access to SCMs as required by the City Engineer for inspections and maintenance shall be secured by easements. The following conditions shall apply to all easements:
   (a)   Easements shall be included in the Inspection and Maintenance Agreement submitted with the Comprehensive Stormwater Management Plan.
   (b)   Easements shall be approved by the City prior to approval of a final plat and shall be recorded with the Lake 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 SCMs shall be no less than twenty (20)-feet wide. The easement shall also incorporate the entire SCM plus an additional twenty- five (25)-foot-wide band around the perimeter of the SCM to permit inspection and/or maintenance.
   (d)   Drainage easements across lots or along side or rear lot lines shall be a minimum of ten (10) feet in width. The City Engineer may require additional width where appropriate based on the proposed usage.
   (e)   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.
   (f)   Easements to SCMs shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of stormwater and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the City. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the City at the property owners' expense.
   (g)   Where a subdivision is traversed by a water course, drainage way, channel, storm conduit, or stream, there shall be provided to the City an area wide drainage easement conforming substantially to the lines of such water course and containing such additional width as required.
   (h)   Easements governing storm drainage facilities in the City of Mentor shall be determined as follows:
      (1)   All storm drainage structures shall be placed on appropriate drainage easements with area wide facilities placed on City owned easements and local service facilities placed on homeowner, owner, or homeowner's association-owned easements.   
         A.   An area wide facility is one which has one or more of the following criteria:
            1.   Dedicated public street drainage is dependent upon the area wide facility.
            2.   The area wide facility receives upland flows from a defined drainage channel.
            3.   The area wide facility serves more than twelve (12) subdivided lots and is more elaborate than a rear yard swale.
            4.   The area wide facility is a lake, pond, or basin which is designed to detain or retain substantial stormwater beyond the development in which the facility is contained.
            5.   Is an addition to or an improvement of an existing area wide facility.
         B.   Local service facilities shall include all other facilities not meeting the above area wide drainage facility criteria.
         C.   Except for good cause shown, and to the satisfaction of the City of Mentor, City financial assistance shall only be considered for area wide drainage facilities. Administrative advice may be provided on local service facilities.
            (Ord. 23-O-001. Passed 1-3-23.)