Any recorded easement(s) for drainage or utility or a combination of both shall follow the requirements as prescribed in this section unless otherwise authorized or allowed by any private owner of easement rights.
1. No accessory building or structure shall be placed in an easement. Examples of accessory buildings or structures which may not be placed in an easement include but are not limited to storage sheds, detached garages, carports, children's play equipment, pools (above or in ground).
2. The only vegetation allowed in an easement area are grasses. No rocks, plants, shrubs, or ornamental lawn decorations shall be permitted in an easement.
3. Fences may encroach into an easement provided the planned and as built measurements of the fence does not restrict the water flow, cause buildup of debris, or otherwise impair the intended function of the easement and complies with the following design requirements:
A. Permitted fence material includes chain-link, wrought iron fencing, picket or other fencing styles that are at least 30% percent open through the area of the easement.
B. Solid fencing is also permitted as long as the bottom edge of the fencing material is elevated a minimum six inches (6") through the area of the easement to allow water flow through the swale and surrounding easement area.
4. The City of Sergeant Bluff shall not be liable for damages to an improvement, accessory building or structure, landscaping, plantings or fence located within an easement area caused by installation, repair, maintenance, or replacement of drainage ways or utilities located therein by the City or other authorized governmental agencies and private utilities.
(Ord. 715 - Dec. 21 Supp)