31-29.2   Open Channels.
   a.   Improved Channels; Width of Easements. The width of drainage easements for excavated earth channels and channels greater than three (3') feet in width that are lined with concrete or other materials, shall contain the full outside top width of channel, including lining and the required adjacent access easements. For lined channels having a top width less than three (3') feet, the minimum width of drainage easement shall be ten (10') feet.
   b.   Improved Channels; Access Easements.
      1.   For excavated earth channels, within the subdivision, access easements shall be provided along the banks as follows:
Channel Top Width (Feet)
Access Easements Minimum Width (Feet)
Channel Top Width (Feet)
Access Easements Minimum Width (Feet)
0—10
12 one side, 3 other side if within subdivision
10—30
15 one side, 3 other side if within subdivision
30—40
18 one side, 3 other side if within subdivision
40—50
21 one side, 3 other side if within subdivision
50—60
15 each side if within subdivision
60—70
18 each side if within subdivision
80 and above
21 each side if within subdivision
 
      2.   For lined channels, access easements shall be provided along the banks as follows:
 
Channel Lining Top Width (Feet)
Access Easements Minimum Width (Feet)
3—10
3 one side, 6 other side
10—15
6 one side, 12 other side
15—30
5 one side, 15 other side
30—40
6 one side, 18 other side
40—50
6 one side, 21 other side
50 and above
same as earth channels
 
      3.   Access easements shall be graded in a manner so as to be usable by vehicular maintenance equipment but need not be surfaced. Minimum radius of centerline of access easements shall be forty (40) feet. All access easements along channels shall be provided with ingress easements from a public way and be usable by vehicular maintenance equipment. The minimum width of the ingress easements shall be twelve (12) feet. Where trees in place on and adjacent to channel banks are to remain, adequate additional vehicular access easement width shall be dedicated.
   c.   Unimproved Channels; Width of Easements. The width of drainage easements for unimproved channels with side slopes steeper than two horizontal to one vertical (2:1) shall be determined by a line measured from the toe of slope a distance of twice the channel depth plus the appropriate top of bank setback as follows:
 
Channel Depth (Feet)
Top of Bank Setback Minimum Width (Feet)
0—6
12 each side if within subdivision
6—12
15 each side if within subdivision
12—18
18 each side if within subdivision
18 and above
21 each side if within subdivision
 
      The width of drainage easements for unimproved channels with side slopes flatter than two horizontal to one vertical (2:1) shall be the channel top width plus the appropriate top of bank setback.
   d.   Unimproved Channels; Structure Setback. For unimproved channels exceeding twenty-one (21) feet in depth, a structure setback line shall be determined by measuring from the toe of slope a distance of three (3) times the channel depth. If the structure setback line falls outside of the drainage easement, the developer shall grant development rights to the Town in a form that forbids location of structures, other than drainage structures, within the setback area without approval of the Engineering Department.
   e.   Structures and Landscaping Within Easements. No permanent structures of any kind other than drainage structures may be constructed within or over any drainage or access easement. Landscaping including trees and shrubs may be accomplished within easements upon approval by the Engineering Department.