§ 153.39 EASEMENT DESIGN STANDARDS.
   The following shall be the required standards to be observed for the design of easements in a subdivision.
   (A)   Utilities. An easement for utilities, at least ten feet wide, shall be required along each side of a rear or side property line, or 20 feet wide across lots, wherever necessary to form a continuous right-of-way, at least 20 feet in width. Easements of greater width may be required along lot lines or across lots wherever necessary for the extension of water or sewer lines or other utilities. These easements are subject to the review, amendment and approval of the appropriate utility companies.
   (B)   Slope easement for grading right-of-way. Whenever a proposed subdivision affects an existing or proposed road in such a way that present or future grading of such road’s full right-of-way width will necessitate cuts and fills in adjoining property, a slope easement on such adjoining property shall be required.
   (C)   Stormwater drainage easement or right-of-way. See § 153.41 for stormwater management and sedimentation/erosion control regulations and requirements. Wherever a subdivision is required to have a drainage easement or a drainage right-of-way; it shall be provided. This drainage right-of-way or easement shall have adequate width for workmen, with necessary equipment, to install, maintain or repair drainage facilities. When required for creeks or streams, drainage calculations may be required to ensure proper draining of such easements. Such drainage easement or right-of-way shall be maintained by a homeowner’s association duly formed and charged with such responsibly. Such association shall require dues adequate to provide required maintenance.
   (D)   Stream easements. If the property being subdivided is traversed by a blue line stream, a 75-foot conservation easement on either side of the centerline of the stream shall be provided. No cut, fill or building construction shall occur within the 100-year floodplain.
   (E)   Connection to existing easements. Where necessary, utility and drainage easements shall connect with easements already established in adjoining properties.
   (F)   Landscape easement. Landscape easements shall be incorporated into development design as part of existing easements or separate easements as may be required to comply with development standards (i.e., separate landscape easement between different adjoining zoning classifications).
(Ord. passed 4-1-2003) Penalty, see § 153.99