(A) A drainage easement is an area designed and used for conveyance and/or retention of stormwater runoff in which nothing can be placed which will impede, divert or cause the runoff to have an adverse affect on adjoining property.
(B) The city engineer requires that all drainage easements and covenants be recorded on a subdivision plat or for those projects that do not require a land subdivision map or plat, the easements and covenants will be recorded by a separate instrument or document.
(C) Public easements and covenants shall be prepared and recorded by the city engineer. Private easements and covenants shall be prepared and recorded by the developer or representative after review and approval of the associated documents.
(D) It is the developer’s responsibility to execute or cause the execution of the legal documents. The developer shall return the executed documents to the city engineer along with any recording fees as well as provide recorded copies of all private easements in order to receive construction document approval and/or permits.
(1) Public drainage easements. A public drainage easement is required if the stormwater conveyance or storage occurs per the following:
(a) The conveyance is through city property.
(b) The storage is on city property.
(c) Where stormwater is conveyed from public right-of-way onto private property.
(d) Public easements can only be extinguished through city council action.
(e) The developer’s engineer shall provide the following documents with the construction documents for the preparation of a public drainage easement:
1. A sealed legal description of the easement area (Exhibit “A”) (see Figure 10-7.1 in Article 10-7); and
2. A graphic exhibit of the easement area (Exhibit “B”) (see Figure 10-7.2 in Article 10-7).
(2) Private drainage easements. Where the stormwater runoff will be retained on private property in which any of the following is true, a private drainage easement is required.
(a) Where the stormwater is conveyed across property lines; or
(b) Where stormwater is stored in a common retention area.
(3) Temporary drainage easements. Where the stormwater is retained in an area subject to future development, the easement can be described as a “temporary drainage easement.” These easements are treated the same as regular drainage easements in that they are required to be recorded and can only be extinguished through the submittal of revised easement documents for city review and approval and the subsequent recording.
(4) Drainage covenants. A drainage covenant is a restrictive promise specifying the use of the property relating to storm runoff, drainage and retention. A drainage covenant shall be recorded for private property when it conveys or retains stormwater runoff from public streets or property.
(Ord. passed - - )
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