(A) General requirements.
(1) Subdivision improvement plans and plats shall include separate easements for village utilities, including water, sewer, sanitary, storm, street lighting and easements for private utilities such that each said improvement may be constructed and maintained meeting all separation requirements and to facilitate the future maintenance of said lines.
(2) Easements across lots or centered on rear or side lot lines shall be provided for utilities and street lighting and drainage or other public use, where necessary, and shall be at least 10- feet wide.
(3) The easements shall be so laid out so that there is a proper continuity, from lot to lot and block to block.
(4) Provisions for extension of easements to adjacent areas shall be made.
(5) Approval of the utility easement layout for public utility companies shall be required on the final plat.
(B) Utility, sewer and drainage easements. Easements for utilities, sewer and/or drainage shall be provided, by clearly indicating on the face of the plat the following language or as otherwise specified by the Building Inspector. Easement provisions whenever the words "public utilities" or "public utility easement" shall appear on a plat, they are defined as follows: "A permanent nonexclusive easement is hereby reserved for and granted to the Village of Diamond, Grundy and Will County, Illinois, and to those public utility companies operating under franchise from the Village of Diamond, and to their successors and assigns, in, upon, across, over, under and through the areas shown by dashed lines and labeled "easements" on the attached plat of subdivision for the purpose of installing, constructing, inspecting, operating, replacing, renewing, altering, enlarging, removing, repairing, cleaning, and maintaining electrical, gas, telephone, and other utility lines or appurtenances, sanitary sewers, storm sewers, water mains, and any and all manholes, hydrants, pipes, connections, catch basins, curb stops, and, without limitation, such other installations as may be required to furnish public utility service to the attached area, and such appurtenances and additions thereto as said village and utilities may deem necessary, together with the right of access across the lots and real estate included in the attached document for the necessary men and equipment to do any or all of the above work. The right is also hereby granted to the said village and utilities to cut down, trim, or remove any trees, shrubs, or other plants that interfere with the operation or access to any of said utilities, or, without limitation, utility installations in, on, upon, or across, under, or through said easements. No permanent buildings or trees shall be placed on said easements, but some may be used for gardens, shrubs, landscaping, and other purposes that do not then or later interfere with the aforesaid uses and rights. Where an easement is used for storm or sanitary sewers, other utility installations shall be subject to the prior approval of the said Village of Diamond."
(C) Consent. Any person who submits the final plat to the Village Board for final approval shall be deemed to have given consent to the terms of the declaration of easements set forth in this section.
(D) Fences within easement. Where rear yard or side yard fences are allowed within existing easements, it is recommended that said fences be of a removable design to allow removal and replacement of said fence sections during any required utility maintenance procedure. All costs related to the removal and replacement of said fence sections shall be borne by the property owner.
(Ord. 1996-01, passed 2-13-1996; Am. Ord. 2007-15, passed 7-10-2007; Am. Ord. 2021-03, passed 3-9-2021) Penalty, see § 153.999