In designing any subdivision, the subdivider/developer shall provide easements for drainage and storm sewers and for all utilities including sanitary sewers; gas mains; water mains; and underground electric, telephone and cable television lines.
(A) Utility easements. Unless utilities are to be installed in the public rights-of-way, utility easements not less than 20 feet wide for sanitary sewers and not less than 15 feet wide for gas mains, water mains and underground electric, telephone and cable television lines shall be provided along all rear lot lines and along those side lot lines where necessary.
(1) As a common practice, in the case of abutting lots the easements shall be designed so that they are apportioned evenly on either side of the lot lines.
(2) Preliminary plats shall be submitted to the appropriate utility companies for their input regarding the location of utility easements.
(3) Water mains and sewer mains should normally be installed in easements on opposite sides of a street and located as near to the center of the easements as possible.
(4) Easements of greater width may be required along or across lots when necessary for the extension of sewer mains or other utilities or where both water and sewer lines must be located in the same easement.
(5) The final location and minimum widths of all easements shall at the discretion of the City Engineer.
(B) Drainage easements. Adequate easements for stormwater drainage shall be established along any natural drainage channel and in any other locations as may be necessary to provide satisfactory disposal of stormwater from streets, alleys and all other portions of the subdivision.
(1) In no case, shall the easements be less than 15 feet in width.
(2) Easements to access and maintain drainage retention and detention facilities shall also be provided as necessary.
(3) Plans depicting drainage easements shall indicate the direction of water flow by the use of arrows.
(4) In addition to the easement area, the city shall be granted the use of additional space adjacent to the easement as may be required for working room during the construction, reconstruction, maintenance, or repair of the aforementioned sewer or sewers, including stormwater improvements.
(5) The city may from time to time enter upon said premises to construct, reconstruct, maintain, or repair the aforesaid sewer or sewers, including stormwater improvements, and may assign its rights herein to the state, county, or other political subdivisions of the state.
(C) Pedestrian access route easements. A ten-foot wide easement shall be provided along lot lines according to § 153.061.
(D) Restrictions.
(1) No person shall erect any structure or fence or plant any tree or shrub in any easement or within any street or alley right-of-way, except at the owner's risk with respect to all costs for demolition, removal or reconstruction thereof.
(2) Utilities, public and private, in order to have access for repair or to have alternate access through the owner’s property shall have the right to destroy any such improvements within an easement, with the responsibility to restore the area only by grading and seeding. It shall be unlawful for any person to deny access to the easements to authorized officials upon display of proper identification.
(Ord. 2009-21, § 18.5-3-41, passed 10-5-2009; Am. Ord. 2016-29, passed 11-7-2016; Am. Ord. 2017-03, passed 3-6-2017) Penalty, see § 153.999