(A) Purpose of section. This section shall restrict the use of land within any water and sewer easement dedicated, acquired or purchased by the city.
(B) Allowable uses, restrictions and responsibilities.
(1) Any landowner who owns real estate which is burdened by water and sewer easements of the city, his or her successors and assigns, may use the real estate included within the easement for the following purposes:
(a) Yard, greenspace;
(b) Any agricultural purposes other than structures;
(c) Parking lots/sidewalks;
(d) One driveway per residence;
(e) Placement of small minibarns, storage sheds or other portable buildings which can be dragged or moved from place to place and are not on a permanent foundation;
(f) Fences; and
(g) Any other uses approved by the Utilities Superintendent.
(2) Any landowner who owns real estate which is burdened by water and sewer easements of the city, his or her successors and assigns, shall not place any permanent building or structure within any part of a water or sewer easement.
(3) If it becomes necessary for the city to enter a water or sewer easement to perform maintenance, the city shall be responsible for restoring any improvements constructed or installed within the easement as long as the improvements are permitted under divisions (B)(1)(a) through (B)(1)(g) above.
(C) Seeking approval of easement use not specifically covered by divisions (B)(1)(a) through (B)(1)(f).
(1) Any person seeking the approval of any land use within a water and/or sewer easement of the city not specifically covered by this section may apply to have such use approved by the Utilities Superintendent. The application shall be obtained from the utilities office at 2706 East 171st Street, Westfield, Indiana, and shall set forth in detail the proposed use by the owner.
(2) Petitioners whose applications have been denied by the Utilities Superintendent will have the further opportunity to present their request to the full City Council at their next regularly scheduled City Council meeting.
(Prior Code, § 62-1) (Ord. 96-28, passed 10-14-1996)