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The following easements are required by this Ordinance and provisions shall be made through a homeowners association, deed restriction, covenant, or other acceptable means to maintain all easements.
A. Utility Easements. Easements shall be provided for utility services including, but not limited to, sanitary sewer, storm sewer, water, gas, telecommunication, cable television, and electric. The location of a utility easement is determined by the appropriate utility company, with the exception of utility easements for properties that front on a county highway. In such case, a utility easement running the full length of the County highway frontage is required outside of, but immediately adjacent to, the County highway right-of-way. Such easements shall be a minimum of twenty (20) feet in width and the plat shall include notes to indicate that such easements are provided for utility services. The developer shall provide underground utilities unless specific site conditions make the installation of underground utilities impractical.
B. Stormwater Management Easements. When a subdivision is traversed by a waterway, intermittent stream or drainage way, a stormwater easement shall be provided conforming substantially with the lines of same. Such easement shall be of sufficient size to protect said waterway, intermittent stream or drainage way, and to permit ingress and egress for maintenance. Such easement shall meet the requirements of the Stormwater Management Ordinance and shall be shown on the recorded final plat.
1. An on-site wastewater treatment system restriction line shall be shown in conjunction with each stormwater management easement demarcation line, in accordance with the Public Health Ordinance.
2. Drainage and stormwater retention and detention easements shall be adequately maintained to provide for removal of accumulation of vegetation, silt, debris, or other material which may interfere with the flow characteristics of drainage ways or the essential features of retention or detention facilities. In subdivisions of five (5) lots or more, all stormwater detention/retention areas shall be platted as a separate outlot that is not part of an individual building lot, and owned and maintained by a homeowners association, property owners association, approved open space management entity, or government agency.
3. No construction of structures, dams, embankments, or channels, except as indicated on the engineering drawings, and no planting of trees, shrubbery or other flow-impeding vegetation, or solid fences that hinders the flow of water or otherwise inhibits the intended purpose, are permitted within any drainage or stormwater retention or detention easements.
C. Buffer Area Easement. When a subdivision contains a linear or non-linear water body including channels, lakes, ponds, and wetland, as defined by the Stormwater Management Ordinance, or when a subdivision is located in proximity to such a linear or non-linear water body located on an adjacent property, a buffer area easement shall be provided as required by the Stormwater Management Ordinance
D. Pedestrian Way Easements. Pedestrian way easements shall be provided where appropriate. Pedestrian ways shall be maintained to permit their continued use. A pedestrian way maintenance plan shall be provided with the final plat.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 19.6; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)