(A) Public utility easements.
Public utility easements are those easements established with a plat which is designed to accommodate public owned or controlled utility facilities necessary to provide various types of utility services to the individual properties within the plat boundaries. Public utility easements may be used for, but not limited to, facilities necessary to provide water, electrical power, natural gas, telephone, telegraph, and sanitary sewer services. Storm sewers or open drainage ways must not be constructed within public utility easements unless specifically approved by the City Director of Public Works and where additional easement width is provided to conform to the standards established herein for drainage easements.
(1) Location.
Public utility easements must be provided along the front of all lots designed for the development of a structure containing residential dwelling units and in such other locations as determined to be necessary by the City Director of Public Works and worked out with the owner or developer and any other utility companies involved. Public utility easements located along the outer boundaries of a plat must contain the full width required for the easement except in those instances where the adjacent property is within a portion of a previously approved plan and under the same ownership as the property being platted or where additional easement width is dedicated by separate instrument by the owner of the adjacent tract. In those cases, one-half of the required easement width is dedicated by separate instrument by the owner of the adjacent tract. In those cases, one-half of the required easement width may be dedicated within the plat boundary with the other half provided outside the plat boundary by separate instrument or through notation on the plat certifying the ownership and dedication of the easement.
(2) Public utility easement widths; dead ends.
All public utility easements established within any subdivision plat must not be less than ten feet in width to accommodate a single utility line, and not less than 16 feet in width to accommodate two or more utility lines. In those instances where underground electrical facilities are to be installed within the public utility easement, the easement width must not be less than 16 feet in width. Additional width may be determined to be necessary by the City Director of Public Works and worked out with the owner or developer and any other utility companies involved based on the proposed or future utilities to be contained within the easement. No dead-end public utility easements will be permitted by the city.
(B) Drainage easements.
All drainage easements must be located and dedicated to accommodate the drainage requirements required for the proper development of the property within the subdivision boundaries and within its natural watershed and in conformance with the requirements of the City Director of Public Works and other governmental agencies charged with the responsibility of storm drainage or flood control within the area the subdivision is located. A suitable note on the plat must restrict all properties within the subdivision ensuring that drainage easements within the plat boundaries shall be kept clear of fences, buildings, plantings, and other obstructions to the operations and maintenance of the drainage facility and abutting property shall not be permitted to drain directly into this easement except by means of a drainage structure approved by the City Director of Public Works or other authorized public drainage or flood control official.
(C) National Flood Insurance Program.
The city and the county, as well as other county units of government, have agreed to participate in the National Flood Insurance Program and, through this participation, the limits of the 100-year flood plain for all natural drainage ways has been determined and special regulations for construction of facilities which fall within the designated 100-year flood plain have been established. It is the policy of the city to inform persons who submit plats to the city if the property illustrated on the plat falls within the established flood plain and to suggest that they seek more detailed information from the agencies who control construction in these areas.
(1) Existing easements; fee strips.
All easements or fee strips created prior to the subdivision of any tract of land must be shown on the subdivision plat of the land with appropriate notations indicating the name of the holder of the easement or fee strip, the purpose of the easement and generally the facilities contained therein, the dimensions of the easement or fee strip tied to all adjacent lot lines, street rights-of-way, and plat boundary lines and the recording reference of the instruments creating and establishing the easement or fee strip. In those instances where easements have not been defined by accurate survey dimensions such as “over and across” type easements, the subdivider should request the holder of the easement to accurately define the limits and location of his or her easement through the property within the plat boundaries. If the holder of the undefined easement does not define the easement involved and certifies his or her refusal to define the easement to the city the subdivision plat must provide accurate information as to the center line location of all existing pipelines or other utility facilities placed in conformance with the easement holder's rights and building setback lines must be established 15 feet from and parallel with both sides of the center line of all underground pipelines or pole lines involved.
(2) Establishment of special use easement.
The establishment of special use utility easements may be provided on a subdivision plat when the easement is for the purpose of accommodating a utility facility owned, operated, and maintained by a unit of government and is restricted to either water mains, sanitary sewers, storm sewers, or for drainage purposes and where it has been determined by the City Director of Public Works that these facilities cannot or should not be accommodated within a general purpose public utility easement or public street right-of-way. Easements proposed to be established for any private utility company or private organization providing utility services and restricted for their exclusive use cannot be shown on or established by a subdivision plat, however, the private utility facilities can be accommodated and placed within the general purpose public utility easements, public streets, and alleys established within the plat boundary. Nothing herein, however, may prevent the private utility companies from granting and establishing special or exclusive use easements by separate instrument if the arrangements are deemed necessary to properly serve the properties within the plat boundaries.
(Ord. 96-0220, passed 2-20-1996; Ord. 19-1022A, passed 10-22-2019) Penalty, see § 154.99