(A) There shall be no trees or shrubs planted, nor any structures or fences erected in any drainage easement without written consent granted by the Building Commissioner of the town. All storm water systems, including detention or retention basins, conveyance systems, structures and appurtenances, located outside of the right-of-way shall be incorporated into the town’s system. The storm water management permit shall not be approved until a petition is submitted in a form accepted by the town.
(B) The following specific areas shall be included in a petition.
(1) All new channels, drain infrastructure equal to or greater than 12 inches in diameter, six-inch or larger subsurface drains in rear yard swales and under curbs where no street trees are allowed, inlet and outlet structures of detention and retention ponds, and appurtenances thereto as required by this section, that are installed in subdivisions requiring a storm water management permit from the town shall become incorporated into the town’s system upon completion, proper inspection, and acceptance by the town. New drain infrastructure refers to all sub-surface storm water piping, tubing, tiles, manholes, inlets, catch basins, risers and the like.
(2) New drain infrastructure, 12-inch or greater in diameter, shall be placed in a minimum 30-foot (15 feet from centerline on each side) drainage easement (DE) or drainage and utility easement (D&UE) and shall be designated on the record plat as 30-foot drainage easement or drainage and utility easement.
(3) A minimum of 25 feet from top of the bank on each side of a new channel shall be designated on the record plat as a drainage easement.
(4) Rear-yard swales, 100-year and emergency overflow paths and emergency overflow routes associated with detention ponds shall be included as part of the storm water system of the town, and a minimum of 30-foot width (15 feet from centerline on each side) needs to be designated as drainage easement.
(5) A minimum of 15 feet beyond the actual footprint (top of the bank) of storm water detention facilities shall be designated as drainage easement. A minimum 25-foot width easement shall also be required as access easement, unless the pond is immediately next to a public right-of-way. Adequate access to the safety ramp shall be provided by locating it adjacent to public right-of-way or by providing a clear route recorded within an access easement.
(6) The statutory 75-foot (each side) drainage easement for regulated drains already within the county’s system may be reduced if the drain is re-classified by the County Surveyor as an urban drain.
(7) An annual maintenance assessment by the town shall not be required until such time as the town creates a Storm Water Board or other regulating body under applicable state statute(s) which is empowered to establish and impose maintenance or other fee assessment, and said fee structure is duly adopted by the Town Council.
(8) The following statement shall become part of the restrictive covenants of every platted subdivision and shown on recorded plat: “channels, storm water infrastructure 12-inch or larger, six-inch or larger subsurface drains in rear yard swales and under curbs where no street trees are allowed, inlets and outlets of detention and retention ponds, and appurtenances thereto within designated drain easements are extensions of the town’s storm water drainage system and are the responsibility of the town. Drainage swales shall be the responsibility of owner or homeowner association”.
(9) 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. Any crossing and/or encroachment of a drainage easement requires application and acceptance from the town.
(Ord. 2013-17, passed 12-2-2013) Penalty, see § 50.999