(1) All privately owned drainage facilities, stormwater facilities and other stormwater BMPs shown on an approved stormwater site plan that are located on multiple, contiguous properties not contained in a public easement dedicated to the county shall be contained within a recorded private easement. Such private easements shall be established for the benefit of all real property for which such facilities and other BMPs have been designed to convey, store or treat stormwater runoff. Private easements shall be a minimum of ten feet in width. Private easements required by this section shall permit each affected property owner to enter onto the easement area for purposes of inspecting and maintaining the facilities or other BMPs located thereon.
(2) Private easements required by subsection (1) of this section shall be in a form specified by the director, and shall include a covenant requiring the owner(s) of the properties at issue to regularly inspect and maintain the drainage facilities, stormwater facilities or other BMPs located within the easement area. All persons having an ownership interest in the properties at issue shall execute and acknowledge the easement document, which shall be recorded prior to drainage or construction plan approval.
(3) Any private drainage easement required by subsection (1) of this section that is located in a subdivision or other platted development shall be depicted on the face of the plat. In such cases, the face of the plat shall contain covenant language approved by the director requiring affected property owners to regularly inspect and maintain the drainage facilities, stormwater facilities, on-site stormwater management BMPs, or other BMPs located within the easement areas depicted on the face of the plat. Subsection (2) of this section shall not apply to private easements covered by this subsection (3). (Added by Amended Ord. 10-026, June 9, 2010, Eff date Sept. 30, 2010; Amended by Ord. 15-102, Jan. 11, 2016, Eff date Jan. 22, 2016).