§ 153.054 EASEMENTS: DRAINAGE.
   (A)   Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and construction, or both, as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.
   (B)   (1)   Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements at least 15 feet in width for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road.
      (2)   Easements shall be indicated on the plat.
      (3)   Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities.
   (C)   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.
   (D)   The applicant shall establish, as a common area for maintenance by a property owners’ association, land on both sides of existing water courses, to a distance to be determined by the Planning Commission; provided, the applicant shall be required to dedicate, either in fee or by drainage or conservation easement in the event the city deems that public dedication of drainage areas is more desirable.
   (E)   (1)   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 drainageways.
      (2)   Such land or lands subject to periodic flooding shall not be computed in determining the number of lots to be utilized for average density procedure not for computing the area requirement of any lot.
(2002 Code, § 153.054) (Ord. 230, passed 9-8-1986; Ord. 415, passed 12-14-1998; Ord. 651, passed 10-26-2009)