No permanent encroachments shall be allowed within any of the following easements shown on the final approved plat.
(A) Access easements. Access easements providing legal access to land shall be at least 50 feet in width and shall have the capability of providing suitable locations for future public streets meeting the standards set forth in this chapter.
(B) Drainage and utility easements. Drainage and utility easements shall be at least ten feet in width on each side of any public street that has a right-of-way width of less than 50 feet.
(C) Utility easements. Utility easements shall be allocated in areas of suitable size and location. These easements shall provide reasonable continuity from block to block and shall be at least 15 feet in width. The Plan Commission may require larger easements when it deems additional width necessary for carrying out the purposes of this section.
(D) Drainage easements. Drainage easements shall be provided where the Plan Commission deems them necessary to provide proper drainage for the subdivision. These easements shall be at least 15 feet in width and may be coincident with utility easements. Where a regulated drain traverses a subdivision, the easement for the drain shall be in accordance with the Indiana Code requirements for regulated drains.
(E) Maintenance easements. Maintenance easements for dams or adjoining property may be required where the Plan Commission deems them appropriate.
(F) Farm tile easements. Farm tile easements for protection and maintenance shall be at least 20 feet in width, and shall be provided where there are known farm tiles that are to remain on property proposed for subdivision. The Plan Commission may require larger easements when it deems this additional width necessary for carrying out the purposes of this section.
(G) Stormwater basin common area. Stormwater basins shall be designated as common areas on the plat. Ownership, as stated on the plat, shall be divided by an interest of the number of lots on the plat; i.e., ten lots provide that each lot owns one-tenth interest in the stormwater basin.
(Ord. 2009-67, passed 3-2-2009; Ord. PC 2016-20, passed 7-18-2016; Ord. PC 2017-19, passed 10-16-2017)