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ORDINANCE 2012-036 <br />management tracts, easements, or specified common areas. The For subdivisions, <br />the plat and any homeowners' association documents, property owners' <br />association documents, condominium documents, deed restrictions, or other <br />legally binding instruments shall describe the location of such areas, shall <br />specifically define the mechanism for preservation and maintenance of any <br />private drainage systems, and shall appeiidentify an entity responsible for <br />perpetual maintenance and preservation. <br />(2) All wet detention stormwater management tracts (not including swales) <br />greater than one-half (0.5) acre at control elevation, shall include a <br />maintenance area free of obstructions except as otherwise provided below. <br />The maintenance area shall have a slope not steeper than eight -foot <br />horizontal to one -foot vertical (8:1) and shall be a minimum of fifteen (15) <br />feet wide, completely around and outside the area submerged by the <br />twenty -five-year, twenty -four-hour design stormwater elevation. Within <br />residential developments, the maintenance area shall be located entirely <br />within the stormwater management tract and shall not be part of any lot. If <br />proposed lots or tracts are to be under separate ownership, then the <br />maintenance area shall be connected to an ingress -egress or other <br />appropriate easement, or public right-of-way, having a minimum width of <br />fifteen (15) feet. Open channels and swales in single-family residential <br />developments shall be located within easements that are a minimum of <br />fifteen (15) feet wide for access and maintenance. <br />(3) The requirement of a maintenance easement area and the prohibition of <br />obstructions in Subsection (m)(2) may be waived in part or in whole by <br />the public works director based on site and design characteristics, which <br />may include the following: <br />1. The ability to maneuver and operate maintenance equipment as <br />necessary, <br />2. Preservation of existing trees and native vegetation, and <br />3. Proposed landscaping improvements. Generally, landscaping <br />within the maintenance area must be designed using groups of <br />plantings not exceeding fifty (50) feet in length with a minimum <br />separation of one hundred (100) feet between planting groups. <br />Between such groupings a ten -foot wide access path shall be <br />maintained. The county shall not be responsible for restoration of <br />any damage to the landscaping that may occur in the event the <br />county performs maintenance within the maintenance area. <br />(4) The design of retention or detention facilities within a single-family <br />Underline: Additions to Ordinance <br />StfiIe thfeu& Deleted Text from Existing Ordinance <br />22 <br />C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf <br />