§ 82-136. Easements.  


Latest version.
  • Easements may be required in subdivisions for the following purposes:

    (1)

    Utility easements. When it is found to be necessary and desirable to locate public utility lines in other than the street rights-of-way, easements shall be shown on the plat for such purposes.

    (2)

    Drainage easements. Where a proposed subdivision is traversed by a watercourse, drainage way, or stream, appropriate provisions shall be made to accommodate stormwater and drainage through and from the proposed subdivision. Such easement shall conform substantially with the lines of such watercourse and be of sufficient width or construction, or both, as to be adequate for the purpose.

    (3)

    Access easements. Where necessary to provide ingress and egress to a subdivision, right-of-way shall be of a width not less than that required within the subdivision. However, easements that were granted or platted prior to January 1, 2006 shall be allowed if of a lesser width. Road surfaces across such easements between a county or state road and any development must meet the requirements of a class D road, except that class E requirements may be used if the subdivision is to use only class E roads.

(Ord. of 3-27-2003(5), § 3.415; Res. No. 06-47, 3-8-2006)