A. Access easements. The width of an access easement to a lot or tract of land shall be at least 50 feet.
B. Easements for public services. Each lot in a subdivision shall have an easement(s) for sanitary sewers, storm water sewers, potable water lines, public utilities such as electrical, gas, telephone, and cable television (CATV).
1. The easement shall be a minimum 20 feet in width with the common lot line dividing the easement equally between the two properties. Where the easement merges into the main easement along a street or a non-developed area the total 20-foot width easement shall be along the lot line adjacent to the street or non-developed area.
2. Easements shall run along the rear lot lines unless approval has been given for another location.
3. Easements shall be aligned to provide a continuous straight strip; easements in new subdivisions shall align with existing easements.
4. Every plat shall contain a statement as follows: “All utility and drainage easements as dedicated on the face of this plat shall be kept free of all permanent structures and the removal of any obstructions by a utility company shall in no way obligate the utility company in damages or to restore the obstruction to its original form.”
5. Under no circumstances shall trees or shrubbery be planted within the easement area.
6. Easements for all utility lines and other facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat and on the final plat.
7. The developer shall provide the buyer of the property with a copy of the layout of the lot showing and describing the easements.
8. When topographical or other conditions are such that the placement of utilities along the rear lot line are impractical, perpetual unobstructed easements having a minimum width of 20 feet shall be provided along the side lot lines with satisfactory access to the road and/or rear lot line.
9. Any deviations from these requirements shall be with the written approval of the appropriate authority.
10. All utility lines, including but not limited to gas, electric power, telephone and CATV cables shall be located underground throughout the subdivision subject to the granting of a waiver by the Plan Commission.
C. Storm water drainage, easements.
1. The subdivider shall provide the subdivision with an adequate storm water system whenever curb and gutter are installed and whenever the evidence available to the Commission indicates that the natural surface drainage is inadequate. This system must empty either into the city storm sewer system or into another legal drain. When the surface drainage is adequate, easements for such surface drainage shall be provided. Deep open ditches for drainage are not permitted in the street, but where curb and gutter are not provided, a shallow swale with its low point at least three inches below the elevation of the subgrade of the pavement may be permitted.
2. In a subdivision where curb and gutter are not provided, the subdivider shall furnish one of the following types of improvements to facilitate roadside drainage and to assure suitable entrances for private driveways which are proposed to intersect the roadway:
a. A corrugated pipe, at least 12 inches in diameter, and with a length equal to the width of the driveway, with at least two feet of extension on each side, with flared end sections to be placed where required.
3. For a subdivision within the city corporate limits, the proposed storm drainage system shall first be approved by the Columbia City Board of Public Works and Safety, or engineering firm representing the city and shall meet city standards for subsurface storm water drainage. All engineering costs shall be borne by the subdivider.
4. In no case shall water from the storm sewer system empty into the sanitary sewer system, nor should sewage from the sanitary sewer system empty into the storm sewer system.
D. Alley easement alternative. Where alleys are not provided in commercial areas, easements for public services (utilities, etc.) shall be provided. Such easements shall have minimum widths of 20 feet, and where located along lot lines one-half of the width shall be taken from each lot. Before determining the location of such easements, the subdivider shall consult with the appropriate agency(s).
E. Cross-easement agreements. Where adjacent property owners have common traffic arrangements between adjoining lots, each of the owners shall have responsibility for reaching an agreement for common usage of the area involved with maintenance, and general upkeep for that portion of the common use area serving their respective lots. Where possible, parking areas shall be designed so as to minimize the requirement for vehicles to back into through traffic internal to the property or the traffic lanes of collector streets and/or arterials. A common through-traffic lane(s) along the border of each lot sharing a common parking area and furthest from the entrance(s) to buildings, shall be provided.
F. Legal drain easements. Maintenance easements along legal drains shall be provided in consultation with the Drainage Board of Whitley County and in accordance with the Indiana Code on Legal Drains. Where appropriate, the Commission shall require maintenance easements not specified by governmental authority, if deemed appropriate for the specific area. These easements shall not be less than 75 feet on each side of the legal drain unless waived by the Whitley County Drainage Board.
G. Farm tile easements. Where there are farm tiles which are to remain on property proposed for subdivision, an easement of at least 20 feet in width shall be provided for the protection and maintenance of such tiles. The Commission may require larger easements when it deems such larger easement is necessary.
H. Farm access easements. All parcels, including agricultural property, shall have legal access meeting the minimum standards of this ordinance. In addition to the legal access, access easements at least 25 feet in width for farm machinery and other agricultural purposes, may be provided.
I. Construction access easement. While construction is on-going, a temporary access may be provided for entry on to the property being subdivided. Environmental debris shall be held to a minimum. At the completion of construction activity, any temporary access easement shall be eliminated.
J. Street tree maintenance easement. The local government has the right to plant trees within the street right-of-way bordering the lot line of the property adjacent to the street. Maintenance and removal of the street trees, if necessary, shall be the responsibility of the local government.
(1980 Code, Ch. 154, § 4.23) (Ord. 2001-4, passed 3-27-2001)