§ 126-581. Drainage easement.

(a)

The location and width of a drainage easement in a subdivision shall be determined by the city engineer for plats within the city limits and by the county flood control engineer for plats outside the city or within the city adjacent to bayous or other major drainage facilities for which flood control is primarily responsible.

(b)

An easement for drainage adjacent to lots, tracts, or reserves shall be noted: "This easement shall be kept clear of fences, building, planting and other obstructions to the operations and maintenance of drainage facility, and abutting property shall not be permitted to drain into this easement except by means of an approved drainage structure."

(c)

The dedication of any drainage structure or facility used for the retention or detention of stormwater shall be accepted only at the city's option. Final determination as to the acceptability shall be made by the commission after consideration of the city engineering department's evaluation and recommendation. The evaluation may be based on size, purpose and location of the facility; the need for fencing around the structure or facilities; the ease of access for maintenance crews and personnel, vehicles and equipment needed for maintenance. Consideration should also be given to other types of ownership of the structure or facility and alternative maintenance procedures.

(Code 1967, § 27-47(a); Ord. No. 3655, § 3, 7-28-83)