(A) The subdivision agent may require a subdivider to provide easements for drainage on or over property within the subdivision and adjoining property owned by the subdivider. The subdivision agent may require a subdivider to convey an easement for all drainage control improvements located on the property whenever the improvement is constructed beyond a public road or private road right-of-way or access easement. Such easement shall extend from all drainage outfalls to a natural stream located on the property or, if a natural stream is not located on the property, to the boundary of the property. The subdivision agent may require a subdivider to convey, where appropriate, an easement along any natural stream or man-made waterway located on the property.
(B) The area of any such easement shall be sufficient, as determined by the subdivision agent, to:
(1) Accommodate the drainage characteristics from each drainage outfall from a drainage control improvement and to provide access to the drainage control improvement; and
(2) Allow access to a natural stream or man-made waterway to allow widening, deepening, relocating, improving, or protecting the natural stream or man-made waterway for drainage purposes.
(C) Any such easement shall include the right of ingress and egress for installation, maintenance, operation, repair and reconstruction of any improvement within the easement. The subdivision agent also may require that an easement be provided through land adjoining the property under common ownership.
(D) The Board of Supervisors shall not be required to compensate the subdivider for an easement or any improvements thereon.
(E) No easement established pursuant to this section shall be considered part of any required public or private road width.
(Ord. passed 11-15-2006; Am. Ord. passed 11-10-2020; Am. Ord. passed 12-8-2020)