(A) Plats submitted for approval showing either the excavations are to be made on waterways existing or are to be created shall be accompanied with or have appearing on the final plat the following.
(1) A dedication or declaration of restrictions establishing the ownership; right to use; provisions for maintenance, including provisions for financial responsibility for maintenance; limitations; reversary rights if any; easements necessary for the maintenance of the waterway and access thereto from public ways; prohibitions against alteration of the shoreline contours without prior city approval; provisions for the control and subdual of aquatic growth and for the imposition of lines for the cost of such control by the city in the event
the adjacent property owners or those receiving beneficial use of the waterway fail to perform the necessary work; and restrictions and limitations on the right of riparian owners to build and erect any improvement or structure on the waterway without prior consent of the city.
(2) Any other and further deed restrictions, covenants, limitations, easements, or conditions that shall be required by the city prior to its approval of the plat.
(B) The requirements of division (A) of this section shall be in recordable form and shall be worded so that it constitutes a covenant running with the land, which shall be binding and enforceable against the developers and their heirs, successors, and assigns.
('69 Code, § 14-18) (Ord. 127, passed 11-15-65; Am. Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)
Cross-reference:
Waterway excavation conducted in conjunction with subdivision development, see § 151.03
Preliminary plat requirement, see § 154.12
Waterways excavation bond, see § 154.15