§ 157.093  EASEMENTS.
   (A)   Purpose and intent. It is the intent and purpose of these regulations to facilitate the limited use of private property for the public good for purposes such as conservation of resources, and the location of private driveways and utility systems.
   (B)   Plan of development submission requirements. Plans of development shall indicate the location and purpose of all existing and proposed easements. Easements which are a part of any development approval shall be recorded in the courthouse before a certificate of certification is issued by the Land Use Administrator.
   (C)   General requirements.
      (1)   Location and use.
         (a)   Utility and driveway easements shall be avoided to the greatest extent possible in areas designated as resource protection areas (RPAs) or other areas possessing significant and sensitive natural and cultural resources.
         (b)   Utility easements in private rights-of-way, in residential areas may be permitted by the plan-approving authority provided design considerations of the proposal warrant such easements. Necessary franchise and utility construction permits shall be obtained from the State Department of Transportation for utilities constructed in easements within public rights-of-way.
         (c)   All utilities, poles, or underground conduits for electric power lines or telephone lines shall be placed in easements appropriately located.
         (d)   Easements for natural drainageways and other drainage facilities, retention basins, and other permanent erosion and sediment control facilities shall be provided in accordance with the requirements of this chapter.
         (e)   No building or structure shall be constructed within any easement without the authorization of the plan-approving authority, other appropriate agencies, and the holder of the easement.
         (f)   Where a proposed development is traversed by any stream, watercourse, or drainageway, the developer shall make adequate provision for the proper drainage of surface water, including the provision of drainage easements along such streams, watercourses, and drainageways.
         (g)   Easements to protect areas for conservation purposes (conservation easements) are encouraged to be used for the:
            1.   Preservation of land areas for outdoor recreation by, or the education of, the general public;
            2.   Protection of relatively natural habitats of fish, wildlife, or plants, or similar ecosystems;
            3.   Preservation of open space, including farmland and forestland for the continuation of viable and important agricultural uses, as well as for scenic enjoyment or pursuant to the Comprehensive Plan, provided such open space preservation yields a significant public benefit; and
            4.   Preservation of historically important land areas or buildings.
      (2)   Sufficient width. Easements shall be of sufficient width to permit the use for which provided and shall include the right of ingress and egress over the easement area for installation and maintenance. Specific easement requirements for water and sewer, wired utilities, roads, and drainage are addressed in individual sections of this subchapter.
(Ord. passed 11-9-1995)  Penalty, see § 157.999