(A) To provide for electric, telephone and gas service, community antenna television distribution systems, water and sewer lines, and other such facilities within the subdivision, appropriate utility easements not to exceed 30 feet shall be provided on the final plat. The locations of such easements shall be determined by the Subdivision Administrator and based upon the approved construction plans. All utilities shall be placed underground. In addition, storm drainage easements may be required in order to carry out the storm drainage improvements as required in the Land Development Guidelines.
(B) Maintenance easements may be required depending upon the size of the drainage way and the maintenance responsibility as determined by the city.
(C) In any case where maintenance is to be the responsibility of the property owner, the city may require a right to enter for maintenance purposes where the City Council determines that the public health, safety or general welfare constitutes a public necessity for such maintenance.
(D) Storm drainage easements must encircle the water quality facility/SCM and/or SWM facility. Easement must be shown ten feet from the top of the berm of the facility or ten feet from the toe of the slope for the facility’s embankment, whichever is greater. A storm drainage easement must be shown for any pipe system or channel leading to or draining from the facility.
(E) A minimum 15-foot wide SCM maintenance access easement must be shown from the street right-of-way to the SCM facility.
(F) All SCM and/or SWM devices shall be maintained by the property owner or homeowner’s association. The devices shall be inspected and maintained by the developer/owner/HOA in accordance with the approved design plans. Costs for maintenance and repairs shall be borne by the property owner or homeowner’s association.
(G) All storm drainage easements beyond the public road right-of-way shall be shown on the construction plans and labeled, “Private Storm Drainage Easement”. Easement width shall be 20 feet minimum, unless otherwise approved by the city. Larger pipes may require wider easements.
(H) Developments that have an existing or proposed easement that aligns with a planned greenway and is to be constructed as part of the project shall provide easement language allowing for a public greenway access in addition to the maintenance of public utilities. Even if the greenway is not required to be built as part of the approval process, the easement language shall reflect that a public greenway would be permitted within the sewer easement.
(Ord. passed 9-27-2021) Penalty, see § 153.999