HomeMy WebLinkAboutHamilton County Drainage Board DB-08-27-07-1
RESOLUTION NO. 08-08-27-07-1
A RESOLUTION OF THE HAMILTON COUNTY DRAINAGE
BOARD CONCERNING ENCROACHMENTS INTO DRAINAGE
EASEMENTS ESTABLISHED IN RESIDENTIAL SUBDIVISIONS
WITNESS THAT:
WHEREAS, from time to time, developers of residential subdivisions within
Hamilton County, Indiana, have dedicated drainage easements within subdivisions ("the
Subdivision Drainage Easements"); and,
WHEREAS, in most situations, the Planning Departments, Plan Commissions,
Boards of Zoning Appeals, and other entities authorized to issue building permits within
Hamilton County, have authorized, and in some incidences mandated, the construction of
driveways, buildings, fences, or other encroachments into the drainage easements (all of
which are collectively referred to as "Easement Encroachments"); and,
WHEREAS, in certain subdivisions, the Hamilton County Surveyor, acting on behalf
of the Hamilton County Drainage Board ("the Drainage Board"), has exerted control over
Subdivision Drainage Easements and prevented Easement Encroachments unless those
encroachments were expressly authorized by the Drainage Board; and,
WHEREAS, for purposes of this Resolution, the term "Subdivision Drainage
Easement" does not include any regulated drain, or arm of a regulated drain, established
within Hamilton County under the authority of Indiana Code 36-9-27; and,
WHEREAS, it is the intent of the Drainage Board to allow municipalities, with
planning and zoning jurisdiction, to make decisions concerning Easement Encroachments,
if that municipality believes the encroachments are in the best interest of the residents of
subdivisions within the jurisdiction of the municipality_
IT IS THEREBY RESOLVED by the Hamilton County Drainage Board as follows:
1. Subject to the following, the Drainage Board, grants to the municipalities
exercising planning and zoning jurisdiction within Hamilton County, the right
to approve, authorize, or require the construction of Easement
Encroachments within Subdivision Drainage Easements, for those
subdivisions which are under the planning and jurisdiction of the municipality,
and waivers any right of the Drainage Board to enforce any rule or regulation
of the Drainage Board concerning said easements. This waiver is
conditioned upon the Board of Public Works and Safety, the Common
Council, or Town Council of the municipality passing a resolution or
ord inance which at a minimum states as follows:
a. The municipality agrees to undertake any and all authority
previously exercised by the Drainage Board to authorize the
construction of bUildings, driveways, or other structures within a
residential Subdivision Drainage Easement.
b. The municipality acknowledges that upon the passage of the
resolution or ordinance, the Drainage Board, shall, in reliance
upon said resolution or ordinance, cease the enforcement of
any rule or regulation of the Drainage Board concerning
encroachments into Subdivision Drainage Easements.
c. The municipality accepts from the Drainage Board, pursuant to
this Resolution, the authority to regulate land uses within said
Drainage Easement, whether or not said uses might interfere
with the proper drainage of the land served by, or contiguous
to the Subdivision Drainage Easement.
d. The municipality agrees to indemnify and hold the Drainage
Board, the Hamilton County Surveyor. and Hamilton County
harmless from any claims arising out of the enforcement or
lack of enforcement of land uses within the Subdivision
Drainage Easement.
e. The municipality acknowledges that the Drainage Board,
acting through the HamIlton County Surveyor. shall continue to
regulate uses within regulated drains including any arms of
those drains which have been, or shall subsequently be,
approved pursuantto Indiana Code 36-9-27.
2. The Hamilton County Surveyor is requested to provide a copy of this
Resolution to the Director of Planning, the Chief Executive Officer, and the
Clerk-Treasurer of all municipalities within Hamilton County.
3. This Resolution shall be in full force and affect upon passage.
ALL OF WHICH IS RESOLVED this j t)~h day of September, 2007.
,
ATTEST:
~<-.M t!J~~-0L
yn tfe Mosbau h, Secretary
HAMILTON COUNTY DRAINAGE BOARD
Steven C. Dillinger
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Map of Hamilton County Regulated Drain
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Map of Subdivision Regulated Drains
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