(A) All stormwater systems, including detention or retention basins, conveyance systems, structures and appurtenances, located outside of the right-of-way shall be incorporated into the city's system at the discretion of the city.
(B) The developer shall petition to incorporate the storm system into the city’s system. The Stormwater Plan Review shall not be approved until such petition is submitted in a form approved by the city. Unless otherwise noted in this chapter, easements must be ten feet from the top of bank on each side of a channel or each side of centerline of an underground pipe 36 inches in diameter or less and ten feet deep or less from the invert. Larger pipe and greater depths shall be determined during the approval process. For non-linear stormwater detention facilities such as ponds, wetlands, or others, the petition for easement should include a 25-foot wide perimeter beyond the top of the bank of the stormwater detention facility. For the purposes of monitoring, inspection, and general maintenance activities, a minimum drainage easement of 20 feet needs to be provided regardless of whether or not the drain is incorporated into the city’s system.
(C) The following specific areas shall be included in a petition:
(1) Subdivisions.
(a) All new channels, drain tiles greater than 12 inches in diameter, inlet and outlet structures of detention and retention ponds, and appurtenance thereto as required by this section, that are installed in subdivisions requiring a stormwater management permit from the city shall petition to become incorporated into the city’s system upon completion, proper inspection, and acceptance by city. New drain tiles refer to all sub-surface stormwater piping, tubing, tiles, manholes, inlets, catch basins, risers, etc.
(b) New drain tile, 12-inch to 36 inches in diameter and ten feet deep or less from the invert, shall be placed in a minimum 20-foot easement (ten feet from centerline on each side) and shall be designated on the record plat as 20-foot Drain Easement. Larger pipe and greater depths shall be determined during the approval process.
(c) A minimum of ten feet from top of the bank on each side of a new channel shall be designated on the record plat as a 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 20 feet width (ten feet from centerline on each side) needs to be designated as drainage easement.
(e) A minimum of 25 feet beyond the actual footprint of stormwater detention facilities shall be designated as drainage easement. A minimum 20-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 Jackson County's system may be reduced if the drain is re-classified by the Drainage Board as an urban drain.
(g) If the city 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 12-inch or larger, inlets and outlets of detention and retention ponds, and appurtenance thereto within designated drainage easements are extensions of the city’s stormwater drainage system and are the responsibility of the city. Drainage swales and tile drains less than 12-inch in inside diameter shall be the responsibility of owner or homeowner association."
(h) The following statement shall be put on each subdivision plat if Regulated Drainage Easements have been petitioned from the Jackson County Drainage Board:
"A petition addressed to the Jackson County Drainage Board has been filed in duplicate with the County Surveyor, requesting that the subdivision's storm drainage system and its easements be accepted into the County's Regulated Drain system. The storm drainage system and its easements that are accepted into the County's Regulated Drain system are delineated on the plat as Regulated Drain Easements (RDEs). 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 county'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 Jackson County Drainage Board 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 County's Regulated Drainage System."
(i) Any crossing and/or encroachment of a Regulated Drainage Easement requires application and approval from the Jackson County Surveyor's Office.
(2) Non-subdivisions. Where the city is responsible for maintenance of the drainage system, drain easements of ten feet from the top of bank on each side of the channel or each side of the tile centerline must be dedicated to the city.
(3) Establishment of new regulated drain. When the Jackson County Drainage Board 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 Jackson County Surveyor if not already established in this chapter.
(Ord. 20, 2007, passed 12-11-2006)