(A) There shall be no trees or shrubs planted, nor any structures or fences erected in any drainage easement. All stormwater systems, including detention or retention basins, conveyance systems, structures and appurtenances, located outside of the right-of-way may be incorporated into the Boone County Drainage Board and/or Boone County Surveyor's system at the discretion of the Boone County Drainage Board and/or Boone County Surveyor. The developer shall petition to incorporate the storm system into the Boone County Drainage Board and/or Boone County Surveyor's system. The stormwater management permit shall not be approved until such petition is submitted in a form accepted by the Boone County Drainage Board and/or Boone County Surveyor.
(B) The following specific areas shall be included in a petition:
(a) All new channels, drain tiles equal to or greater than 12 inches in diameter, six-inch or larger subsurface drains in rear yard swales, inlet and outlet structures of detention and retention ponds, and appurtenances thereto as required by this chapter, that are installed in subdivisions requiring a stormwater management permit from the Boone County Drainage Board and/or Boone County Surveyor shall be petitioned to become incorporated into the Boone County Drainage Board and/or Boone County Surveyor's system upon completion, proper inspection, and acceptance by the Boone County Drainage Board and/or Boone County Surveyor. New drain tiles refer to all sub-surface stormwater piping, tubing, tiles, manholes, inlets, catch basins, risers, and the like.
(b) New drain tile shall be placed in a minimum 30-foot (15 feet from centerline on each side) regulated drain easement (RDE) and shall be designated on the record plat as 30-foot regulated drain easement.
(c) 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 drain easement.
(d) Rear-yard swales, 100-year emergency overflow paths, and emergency overflow routes associated with detention ponds shall not be included in petition for incorporation. However, a minimum of 30 feet width (15 feet from centerline on each side) needs to be designated as drainage easement.
(e) A minimum of 15 feet beyond the actual footprint (top of the bank) of stormwater 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.
(f) The statutory 75-foot (each side) drainage easement for regulated drains already within the Boone County Drainage Board and/or Boone County Surveyor's system may be reduced if the drain is re-classified by the County Surveyor as an urban drain.
(g) An annual maintenance assessment shall be set up on each new regulated drain established in a new subdivision. The amount of the assessment will be determined by the Boone County Drainage Board and/or Boone County Surveyor and so certified.
(h) If the Boone County Drainage Board and/or Boone County Surveyor accepts the petition for incorporation into their system, the following statement shall become part of the restrictive covenants of every platted subdivision and shown on recorded plat: “Channels, tile drains 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 Boone County Drainage Board and/or Boone County Surveyor's stormwater drainage system and are the responsibility of the Boone County Drainage Board and/or Boone County Surveyor. Drainage swales shall be the responsibility of owner or homeowner association.”
(i) The following statement shall be put on each subdivision plat: “A petition addressed to the Boone County Drainage Board has been filed in duplicate with the County Surveyor, requesting that the subdivision's storm drainage system and its easements be accepted into the county's regulated drainage system. The storm drainage system and its easements that are accepted into the county's regulated drainage system are delineated on the plat as regulated drainage easements (RDEs). These drainage easements are established under authority of the Indiana Drainage Code and the said Board may exercise powers and duties as provided in said code (annual drainage assessment per lot). All other storm drainage easements have not been accepted into the county's system. All drainage improvements performed relative to the conveyance of Stormwater runoff and the perpetual maintenance thereof, within the latter easements, shall be the responsibility of the owner or homeowner association. The Boone County Drainage Board and/or Boone County Surveyor Drainage Board assumes no responsibility relative to said improvements or the maintenance thereof. This subdivision contains linear feet of open ditches and linear feet of subsurface drains that will be included in the county's regulated drainage system.”
(j) 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 regulated drainage easement requires application and acceptance from the Boone County Drainage Board and/or Boone County Surveyor.
(2) Non-subdivisions. Where the Boone County Drainage Board and/or Boone County Surveyor is responsible for maintenance of the drainage system, regulated drainage easements of 75 feet from the top of bank on each side of the channel or each side of the tile centerline must be dedicated to the Boone County Drainage Board and/or Boone County Surveyor.
(3) Establishment of new regulated drain. When the Boone County Drainage Board and/or Boone County Surveyor determines it is necessary to establish a new regulated drain, each developer shall provide the necessary information and meet the requirements of the 1965 Indiana Drainage Code, as amended, for the establishment of a new regulated drain. Necessary easements for adequate maintenance of any new regulated drain shall be determined by the Boone County Surveyor if not already established in this subchapter.
(Ord. 2004-20, passed 12-13-2004)
