(A) Easements provided in compliance with this section shall be depicted graphically on all subdivision, land development and SWM site plans.
(B) The provisions in divisions (B)(3) through (B)(6) below shall be stated in note form on all subdivision, land development and SWM site plans.
(1) Where a development site is traversed by federal or state-regulated natural watercourses, drainage easements shall be provided conforming to the alignment of the watercourse and the physical limits of any associated features that are regulated. If the physical limits of the regulated features are not known, then the width of the easement shall be equal to the top width of the maximum anticipated flow in the watercourse during a 100-year design storm event, or 20 feet, whichever is greater.
(2) Access easements shall be provided around all stormwater management facilities are required to provide ingress to and egress from a public right-of-way. Access easements shall have a minimum width of 20 feet and be centered on the facility (i.e. pipe, swale) to which access is being provided. For storage, retention and infiltration facilities easements shall be provided conforming substantially to the size, shape and configuration of each facility.
(3) Where individual on-lot controls are proposed, the municipality shall be granted access to inspect on-lot facilities in the event of a malfunction.
(4) No person shall place any obstruction or encroachment in an easement associated with a federal or state-regulated resource without prior written authorization by the appropriate regulatory authority.
(5) No person shall place any obstruction or encroachment in a stormwater facility or drainage easement without prior written authorization by the municipality.
(6) The borough, its agents and employees shall have the right to enter easement areas where stormwater management and erosion and sediment control facilities are located for the purpose of inspecting and, if necessary, maintaining or repairing, said facilities.
(Ord. 2013-2, passed 10-7-2013) Penalty, see § 53.999