(A) There shall be no trees or shrubs planted, nor any structures or fences erected in any drainage easement, unless otherwise accepted in writing by the Town Council and/or Town Manager and/or Building Commissioner. All stormwater systems, including detention or retention basins, conveyance systems, structures and appurtenances, located outside of the right-of-way may be incorporated into the town's system at the discretion of the Town Council and/or Town Manager and/or Building Commissioner. The developer shall petition to incorporate the storm system into the town's system. The stormwater management permit shall not be approved until such petition is submitted in a form accepted by the Town Council and/or Town Manager and/or Building Commissioner.
(B) The following specific areas shall be included in a petition:
(1) Subdivisions.
(a) All new channels, drain tiles equal to or greater than 8 inches in diameter, inlet and outlet structures of detention and retention ponds, and appurtenances thereto as required by this chapter, that are installed in subdivisions requiring a stormwater management permit from the town shall be petitioned to become incorporated into the town's system upon completion, proper inspection, and acceptance by the Town Council and/or Town Manager and/or Building Commissioner. New drain tiles refer to all sub-surface stormwater piping, tubing, tiles, manholes, inlets, catch basins, risers and the like.
(b) New drain tile, 8 inches to 24 inches in diameter, shall be placed in a minimum 20-foot easement (10 feet from centerline on each side) and shall be designated on the record plat as 20-foot Regulated Drain Easement (RDE). Pipes that are 24 inches or larger in diameter shall be placed in a 30-foot easement (15 feet from centerline on each side) and shall be designated on the record plat as 30-foot Regulated Drain Easement. Wider easements may be required by the Town Council and/or Town Manager and/or Building Commissioner when the depth of pipe is greater than 6 to 10 feet, depending on the pipe size.
(c) A minimum of 25 feet from top of the bank on each side of a new channel shall be designated on the record plat as a regulated drain easement.
(d) Rear-yard swales and emergency overflow paths associated with detention ponds shall not be included in petition for incorporation. However, a minimum of 30 feet width (15 feet from centerline on each side) needs to be designated as drainage easement.
(e) A minimum of 30 feet beyond the actual footprint (top of the bank) of stormwater detention facilities shall be designated as drainage easement. A minimum 30-foot width easement shall also be required as access easement, unless the pond is immediately next to a public right-of-way.
(f) The statutory 75-foot (each side) drainage easement for regulated drains already within the town's system may be reduced if the drain is re-classified by the County Surveyor as an urban drain.
(g) An annual maintenance assessment shall be set up on each new regulated drain established in a new subdivision. The amount of the assessment will be determined by the Town Council and/or Town Manager and/or Building Commissioner and so certified.
(h) If the Town Council and/or Town Manager and/or Building Commissioner accepts the petition for incorporation into their system, the following statement shall become part of the restrictive covenants of every platted subdivision and shown on recorded plat: "Channels, tile drains 8-inch or larger, inlets and outlets of detention and retention ponds, and appurtenances thereto within designated drain easements are extensions of the town's stormwater drainage system and are the responsibility of the Town Council and/or Town Manager and/or Building Commissioner. Drainage swales and tile drains less than 8-inch in inside diameter shall be the responsibility of owner or homeowner association."
(i) The following statement shall be put on each subdivision plat: "A petition addressed to the Town Council has been filed in duplicate with the County Surveyor, requesting that the subdivision's storm drainage system and its easements be accepted into the town's regulated drainage system. The storm drainage system and its easements that are accepted into the town's regulated drainage system are delineated on the plat as Regulated Drainage Easements (RDEs). Regulated Drainage Easements are stormwater easements and drainage rights of way that are hereby dedicated to the public and to the Hancock County, Indiana, Drainage Board for the sole and exclusive purpose of controlling surface water and/or for the installation, operation, and maintenance of storm sewers and tile drains as defined in Appendix A of this chapter. These drainage easements are established under authority of the Indiana Drainage Code and the said Board may exercise powers and duties as provided in said code (e.g., annual drainage assessment per lot). All other storm drainage easements have not been accepted into the town's system. All drainage improvements performed relative to the conveyance of stormwater runoff and the perpetual maintenance thereof, within the latter easements, shall be the responsibility of the owner or homeowner association. The Town Council assumes no responsibility relative to said improvements or the maintenance thereof. This subdivision contains linear feet of open ditches and linear feet of subsurface drains that will be included in the town's regulated drainage system." The noted regulated drain lengths, broken down by the length of open and tile drains, shall also be shown in tabular form in a prominent position on the plat.
(j) Any crossing and/or encroachment of a regulated drainage easement requires application and acceptance from the Town Manager's office.
(2) Non-subdivisions. Where the Town Council and/or Town Manager and/or Building Commissioner is responsible for maintenance of the drainage system, regulated drainage easements of 75 feet from the top of bank on each side of the channel or each side of the tile centerline must be dedicated to town. In addition, a minimum of 25-foot width of vegetative filter strip must be provided and maintained along top-of-bank, on each side, by the applicant within these easements.
(3) Establishment of new regulated drain. When the Town Council and/or Town Manager and/or Building Commissioner determines it is necessary to establish a new regulated drain, each developer shall provide the necessary information and meet the requirements of the 1965 Indiana Drainage Code, as amended, for the establishment of a new regulated drain. Necessary easements for adequate maintenance of any new regulated drain shall be determined by the Town Manager if not already established in this chapter.
(4) Municipalities and schools. All new channels, swales, drain tiles, inlet and outlet structures of detention and retention ponds, and appurtenances thereto as required by this chapter, that are installed on the municipal or school property will be maintained, repaired, and constructed by the entity and will not become county-regulated drains. The design must meet the standards of this chapter for sizing and installation. Any off-site portion of the drainage system must be within easements and have clearly defined maintenance agreements.
(Ord. 051805, passed 5-18-2005) Penalty, see § 33.106