§ 155.050 EASEMENTS.
   (A)   Drainage easements.
      (1)   Where a subdivision is traversed by a watercourse, drainage way, channel or stream, adequate acres for storm water or drainage easements shall be reserved, conforming substantially with the lines of such watercourses, and of sufficient width to carry off storm water and to provide for maintenance and improvement of such watercourses.
      (2)   Where practicable, drainage easements shall center along or be adjacent to a common property line.
      (3)   Drainage easements shall have a minimum width of 20 feet.
   (B)   Utility easements.
      (1)   Adequate areas of suitable size and location shall be allocated for utility easements.
      (2)   The location and size of such easements shall be agreed to by the public and private utilities involved, and shall center along or be adjacent to a common property line where practicable.
   (C)   Maintenance.
      (1)   Easements shall be deeded to the town for the purpose intended, as shown on the plat and stated in the deed of dedication.
      (2)   Maintenance activities will be provided by the town for the specific intended purpose only.
      (3)   The easement grants to the town to the right to enter, inspect, survey, and conduct needed activities related to the easements' purpose.
      (4)   The town has no obligation to repair, replace or compensate the easement owner for the trees, plants, grass, shrubs or other elements damaged or destroyed during the course of its activities.
   (D)   Lot owner's obligations.
      (1)    Drainage easements shall not be altered after Final Plat approval unless approved by the Director of the Department of Engineering and Development Services, or his or her designee.
         (a)   A site plan and such engineering calculations as are deemed necessary shall be submitted for approval prior to undertaking such work.
         (b)   Reshaping the topographical features or installation of fences or hard surfaces shall not be permitted within drainage easements containing swales.
         (c)   Installation of landscaping items, except for the planting and maintenance of low
growing grass, shall not be allowed within drainage easements.
         (d)   Trees, shrubs, and other features remaining within drainage easements after construction by the subdivision developer are the maintenance responsibility of the lot owner.
         (e)   Facilities within sanitary sewer, water, utility, and other easements are subject to the requirements set forth in granting such easements.
      (2)    The Director of the Department of Engineering and Development Services, or his or her designee, is authorized to assess alterations made to drainage easements.
         (a)   If remedial work is deemed necessary, the lot owner shall be notified by letter.
         (b)   The lot owner shall have 30 days in which to correct the conditions stated in the letter.
         (c)   A certificate of occupancy shall not be approved if unauthorized work is undertaken that alters the draining system during building construction.
   (E)   Easements on common property.
      (1)   Areas designated on approved plans and plats as common area property [also shown as HOA (homeowners' association), POA (property owners' association), or similar designations] are intended primarily for the common use and enjoyment of all subdivision residents.
      (2)   Easements that benefit all lot owners, such as access easements, drainage easements, utility easements and the like, shall be allowed over and through the common area property.
      (3)   Private easements that exclusively benefit adjoining lot owners, shall not be allowed over and through common area property, unless good and sufficient cause is shown that the provision of the easement will not interfere with or otherwise compromise the intended common use and enjoyment of the common area property by all lot owners.
      (4)   Any easements shall be initially established through the appropriate plan or plat approval process in conjunction with the initial establishment of the common area property.
      (5)   Subsequent new easements can only be established through the appropriate plan or plat approval process as was utilized to initially establish the common area property.
('81 Code, §154.34) (Ord. passed 6-9-92; Am. Ord. 93066, passed 2-8-94; Am. Ord. 00056, passed 11-14-00; Am. Ord. 02045, passed 7-9-02; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)