The County Drainage Board has established a system of regulated rural and urban drains as shown on official maps located in the office of the County Surveyor. Maintenance and administrative jurisdiction over these drains is empowered to the Drainage Board by IC 36-9-27-15.
(A) Drainage easements. When an existing regulated drain is within the property to be developed, easements must be provided to cover all elements of the drainage system and must be designed as follows:
(1) To be adequate to install, access, and maintain the drainage facilities.
(2) To minimize conflicts with utility easements.
(3) To maintain a sufficient buildable area on each lot or parcel.
(4) No trees, shrubs, or other vegetative obstructions shall be allowed within drainage easements per IC 36-9-27-33.
(5) No driveways shall be allowed in drainage easements except for the purpose of crossing a front yard drainage easement to provide access to the property.
(6) Minimum drainage easements are as per IC 36-9-27-33.
(B) Existing regulated drains.
(1) No individual may dredge, reconstruct, fill, or outlet any drainage tile or storm sewer pipe into a county regulated drain without the prior written approval of the Drainage Board. The County Surveyor, or designated representative, shall supervise any work done to a regulated drain by any individual granted such written authorization from the Drainage Board.
(2) The Drainage Board may levy assessments to property owners within a regulated drain's watershed in order to maintain the drain in accordance with IC 36-9-27-44 and to reconstruct a regulated drain in accordance with IC 36-9-27-50.
(3) As per IC 36-9-27-66, whenever land has been assessed as benefitted by the construction, reconstruction, or maintenance of a regulated drain and there is not an open or tiled drain connecting the land with the regulated drain or the waters from the land flow over or through land owned by others to reach the regulated drain, the owner of the land assessed may petition the Drainage Board to construct through the land of the other owners a new drain that will connect the petitioner's lands with the regulated drain.
(4) A private crossing, control dam, or other permanent structure or obstruction may not be placed over or through a regulated drain unless the plans for the structure have been reviewed by the County Surveyor and approved in writing by the Drainage Board.
(C) Establishment of urban regulated drains. The Drainage Board shall require that developers of major residential subdivisions create an urban regulated drain as part of the major subdivision plat. The urban regulated drain shall include all storm sewers, subsurface drains, inlets, manholes, and detention basins within the subdivision.
(1) Urban regulated drainage easements shall maintain a minimum width of 20 feet centered over all closed conduits or 20 feet each side of an open urban regulated drain or detention basin.
(2) A minimum 15-foot wide access easement shall be platted between the detention basin and the nearest public street right-of-way.
(3) The County Surveyor shall establish a schedule for the assessment of each lot in the subdivision in an amount not to exceed $100 per lot per year to provide an accumulating maintenance and repair fund. These funds can be used to inspect repair and maintain storm sewers, curb inlets, manholes, subsurface tile drains, outlet pipes, and detention basins in the subdivision. Within the context of this chapter, moving shall not be defined as a maintenance activity covered by an assessment. Individual property owners shall maintain responsibility for mowing portions of the urban regulated drain within and adjacent to each individual lot.
(Ord. 2000-22, passed 12-28-00) Penalty, see § 157.99