(1) General Regulations for All Easement Types
The following shall apply to all easements:
(a) Fences are the only structure that may be permitted in an easement but only with the permission of the authority having jurisdiction over the easement. Fences placed without permission or other structures located in an easement are subject to removal by the authority having jurisdiction. Replacement of the fence or other structure shall be at the applicable lot owner's expense.
(b) Driveways and other paved areas may be permitted in an easement but only with the permission of the authority having jurisdiction over the easement.
(c) The City of Tipp City shall have the right, but not the responsibility, to enter upon any lot in a subdivision to inspect and monitor any dedicated public improvements, storm water detention basin areas, storm water retention pond areas, drainage facilities, or watercourses that were constructed in the subdivision or that naturally exist in the subdivision.
(i) In the event that the facilities are not properly constructed or maintained, the city shall duly notify the property owner(s) and or applicable owners' association of the corrective actions required.
(ii) Upon the failure of the property owner(s) and/or applicable owners' association to take correction action, the city shall have the right, but not the obligation, to take whatever action is necessary to correct any improper construction or to maintain the public improvements, drainage facilities, drainage areas, or watercourse flow; provided, however, that the property owner(s) and/or the applicable owners' association shall first have a reasonable period of time, taking into account the urgency of the matter, to take corrective action.
(iii) Any cost incurred by the City of Tipp City for such maintenance may be assessed to the property owner(s) and/or the applicable owners' association or, if the association has ceased to exist, against individual lots in accordance with the declaration.
(2) Utility Easements
(a) A public utility easement shall be provided along all lot lines for the accommodation of public utility, drainage, or sanitary structures, or any combination thereof, with minimum widths as specified below:
(i) Ten feet along all front and rear lot lines; and
(ii) Five feet along all side lot lines.
(b) The Utilities Director or other authority having jurisdiction may require additional widths where it is deemed necessary for the applicable structure or utilities, whenever multiple utilities are located within a single trench, or whenever the depth or width of the trench made require a wider easement for future maintenance.
(c) All utility easements shall be shown on the final plat.
(3) Drainage Easements and Watercourses
(a) The subdivider shall dedicate rights-of-way or provide easements for storm drainage purposes which conform substantially to the lines of any natural watercourses, channels, streams, or creeks which traverse the subdivision, or for any new channel which is established to substitute for a natural watercourse, channel, stream, or creek.
(b) Such rights-of-way or easements shall be of a width which will provide for the maintenance needs of the channel and incidental appurtenances as determined by the City Engineer or other authority having jurisdiction. Such rights-of-way or easements shall be maintained by the property owners.
(c) Easements for drainage purposes shall be a minimum of 10 feet in width. Where the watercourse is large, easement widths shall be increased as determined by the City Engineer or other authority having jurisdiction. Where watercourses cross platted lots diagonally, the subdivider shall straighten such courses where practicable, and shall substantially follow lot lines.
(d) Easements shall be shown on the final plat and shall cover all existing or reconstructed watercourses.
(Ord. 5-14, passed 3-17-2014)