§ 1257.10 EASEMENTS.
   Access to SCMs as required by the City Engineer for inspections and maintenance shall be secured by easements for activities set forth in §§ 1257.01(c) and 1257.05. The following conditions shall apply to all easements:
   (a)   Easements shall be included in the inspection and maintenance requirements submitted with the Comprehensive Stormwater Management Plan in conformance with § 1289.02.
   (b)   Easements shall be approved by the city prior to approval of a final plat and shall be recorded with Cuyahoga County.
   (c)   Unless otherwise required by the City Engineer, access easements between a public right-of-way and all SCMs shall be no less than 20-feet wide. The easement shall also incorporate the entire practice plus an additional 20-foot wide band around the perimeter of the SCM.
   (d)   The easement shall be clear, graded and stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility.
   (e)   Easements shall be restricted against the construction therein of buildings, fences, walls, landscaping, trees and other structures that may obstruct the free flow of stormwater, operation and maintenance of the easement and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the city. Any regrading and/or obstruction placed within an easement may be removed by the city at the property owner's expense.
   (f)   Fences and landscaping may be allowed on a case by case basis, at the sole discretion of the city with an affidavit and license agreement recorded with Cuyahoga County.
(Ord. 2008-29, passed 4-7-2008; Ord. 2012-255, passed 12-3-2012; Ord. 2016-208A, passed 12-19-2016; Ord. 2022-66, passed 3-7-2022)