§ 16.25.050. Easements.

A.

Easements. The following easements shall be provided where appropriate.

1.

Utility Easements. Easements shall be provided for utility services including but not limited to gas, telephone, cable, and electric. Before determining the location of easements, the plan shall be discussed with the local public utility companies to assure their proper placing for the installation of services.

2.

Municipal Easements. Easements shall be provided for municipal or public services including water, sewer, and storm sewer. A municipal utility easement for water or sewer shall not be placed in a side or rear yard unless otherwise approved by the city engineer or the zoning board of appeals.

3.

Drainage Easements. When a development is traversed by a waterway, intermittent stream or drainage way, there shall be provided a stormwater easement or drainage easement conforming substantially with the lines of same. Such easement shall be of sufficient size to protect said waterway, intermittent stream or drainage way, and to permit ingress and egress for maintenance.

4.

Street Construction and Maintenance Easements. Street construction and maintenance easements shall be provided adjacent to dedicated streets whenever additional width is necessary to meet the maximum earth slope requirements contained in the Schedule of Minimum Design Requirements for Development Streets in the City of Byron (Appendix C). Street construction and maintenance easements shall be separate and distinct from utility easements and the two shall not be combined, See Appendix C for certification required on final plat to permit crossing of other easements.

5.

Greenway Easement. Where a development includes or proposes to include a greenway easement, the developer shall, if the property is not dedicated to the city, or a public or quasi-public entity which accepts the same, provide an easement to allow the city and/or county to maintain the space in the event that it is not properly maintained and to charge the benefited properties.

6.

Landscape Berm Easement. Where a development is required to provide reverse frontage lots with a landscape berm separating the residential lots from the street, the developer shall provide for the maintenance of the material.

7.

Rear or Side Yard Easements. Easements centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least ten feet wide on each side of the adjoining property lines for a total easement width of twenty feet. Easements shall be contiguous to the street at the end of the block to connect with adjoining blocks in the shortest direct line.

B.

Limitations on the Use of Easements.

1.

No construction of structures, dams, embankments or channels (except as indicated on the engineering drawings), and no planting of trees, shrubbery or other flow-impeding vegetation, which hinders the flow of water or otherwise inhibits the intended purpose, shall be allowed within any drainage or stormwater retention or detention easements.

2.

Municipal utility easements must be separate and distinct from public utility easements and the two shall not be combined.

3.

A septic limitation line shall be shown in conjunction with each drainage and stormwater retention or detention easement demarcation line.

C.

Maintenance of Easements.

1.

Drainage and stormwater retention and detention easements shall be adequately maintained by the developer so as to provide for removal of accumulation of vegetation, silt, debris or other material which may interfere with the flow characteristics of drainage ways or the essential features of retention or detention facilities. The removal shall be undertaken at least annually.

2.

Pedestrian way easements shall be maintained to permit their continued use.

3.

Provisions shall be made through a homeowners association, deed restrictions, covenants or other acceptable means to maintain all easements in accordance with this title.

D.

Recreation Paths. The developer of any proposed development within the jurisdiction of the city will submit a proposed concept plan to the Byron bike path committee for their consideration. If the committee finds that a path located within this development would be a natural extension of an existing or proposed path or that a path located within this development would be an asset to the community regardless of whether it is proposed in this area, they shall make a recommendation to the plan commission that the developer should provide an easement for the path and give such easement to the city. The city engineer will review and approve dimensions of the easement.

(Ord. 02-13 § 1 (part), 2002).

(Ord. No. 2013-20, § 5, 2-5-2014)