§ 161.109 EASEMENTS.
   (A)   Utility easements. Easements for the installation, operation and maintenance of utilities shall be provided per each lot as follows:
      (1)   Along all boundary lines of the subdivision having a width of not less than ten feet;
      (2)   Along all back lot lines having a width of not less than ten feet;
      (3)   Along side and front lot lines where required. Easements for water, sanitary sewer and storm sewer lines shall have a minimum width of 15 feet. Separate and exclusive easements for water, sanitary sewer and storm sewer are required. Easements for electrical, street lighting, telephone, cable television and gas shall have a minimum width of ten feet;
      (4)   On abutting lots, rear of lot lines and side lot lines easements shall be provided on each side of the lot line at the minimum width specified above;
      (5)   Utility easements shall be designed to provide continuity from block to block;
      (6)   On wooded sites, utility easements shall be located and consist of sufficient width so as to minimize environmental damage; and
      (7)   Utility easements and any easement provisions to be incorporated into the final plat or in the deed documents shall be reviewed and approved by the utility companies responsible to furnish the proposed services.
   (B)   Drainage and storm water management easements.
      (1)   Drainage easements shall be provided at the side and rear of all lots to accommodate drainage from each lot. Unless otherwise specified, the width of drainage easements shall be not less than ten feet wide along each rear lot line (totaling 20 feet) and five feet along each side lot line totaling ten feet.
      (2)   Where a subdivision is traversed by a watercourse, drainage-way, channel or stream, or other body of water, appropriate dedications or easements, with adequate width to provide a two feet free board from the calculated high water surface elevation to the lowest adjacent foundation openings, shall be made. The width of the easement or dedication shall be dependent on the area of land drained by the watercourse and shall allow access for construction and maintenance equipment. In general, the easement shall conform substantially with the lines of the watercourse and shall include the floodplain, where applicable, plus an additional area not less than 20 feet wide adjoining both edges of the floodplain.
      (3)   All permanent storm water management facilities for a subdivision shall be protected by easements or dedications for drainage and shall permit ingress and egress for maintenance. All side lot lines shall have a minimum ten-foot easement on each lot. All lot lines adjacent to un-subdivided lands shall have a 20-foot easement for drainage.
      (4)   No construction of structures, dams, embankments or channels (except as indicated on the improvement plans) and no planting of trees, shrubbery or other vegetation, which hinder the flow of water or otherwise inhibit the intended purposes, shall be allowed within any drainage or storm water facility management easement. In the event the area within the easements is obstructed, reshaped, regraded or restricted for uses other than as intended or as shown on the improvement plans, the village shall be given the authority by certificate on the final plat to have any alterations corrected at the expense of the party or parties causing the obstruction, restriction, regrading or alteration.
      (5)   Where possible drainage easements shall be separate and distinct from utility easements.
   (C)   Landscaping and conservation easements.
      (1)   A screen planting and pruning easement shall be required between residential and commercial or industrial lots, or along lot lines to discourage the undesirable development of residential lots fronting on traffic arteries. If the easement is to be used for public utilities, the easement shall be of sufficient width to accommodate appropriate screen planting without interfering with utility service or maintenance.
      (2)   Easements shall be required to protect areas designated for greenbelt and open space protection.
      (3)   Landscape and conservation easements shall be conveyed to a homeowner association for future maintenance responsibility or, at discretion of village, a special service area created to maintain the easements.
      (4)   Temporary turnaround easements: temporary easements shall be provided for construction of temporary turnarounds on streets which are designed to have temporary terminus and are to be extended in the future. When the street is extended, the temporary easements shall be considered voided and released for other uses and purposes.
      (5)   Pedestrian way easements: easements or dedications shall be provided for pedestrian ways where deemed appropriate by the Village Plan Commission. Pedestrian way easements shall be maintained to permit their continued use.
(Ord. 808, passed 4-19-2006)