§ 32-81. Easements

(a) The minimum width for utility easements shall depend on the needs generated by the development and to adequately service the development. The minimum width for city drainage easements shall be as required by the city engineer or manager. The width of easements for other utility providers, such as for gas, electric, telephone or cable TV, shall be as required by that particular entity. It shall be the applicant's responsibility to determine appropriate easement widths required by all utility companies.

(b) Where a subdivision is traversed by a watercourse, drainageway or channel, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with such course and of such additional width as may be designated by the city engineer, subject to determination according to proper engineering considerations. Federal Emergency Management Agency (FEMA) designated special flood hazard area shall be designated as a floodplain easement and shall conform to any other FEMA requirements. Parallel streets or parkways may be required adjacent to certain portions of creek or drainageways to provide maintenance access or access to recreation areas. Other utilities may be permitted within the drainage easement if approved by the city engineer.

(c) A lot's area shall be computed inclusive of all easements. However, there shall be a minimum buildable area, exclusive of required easements, buffer zones and setbacks for each lot. The minimum buildable area shall be an area one-half of the required minimum lot size or as established by chapter 40, zoning, whichever is more restrictive. If the city disputes the buildable area of any lot, the applicant shall submit verification in writing that the buildable area is adequate for the type of housing product or nonresidential building proposed for that lot.

(d) A minimum ten-foot-wide utility easement shall be provided along the front of all lots, adjacent to and flush with the street right-of-way line for the potential placement of utility facilities.

(e) For new development, all necessary on-site easements shall be a minimal width as determined by the utility or the city, shall be established on the subdivision plat and not by separate instrument, and they shall be labeled for the specific purpose, and to the specific entity, for which they are being provided. Examples include, but are not limited to, the following: a water, sanitary sewer or drainage easement; an access easement, which is dedicated to the public for unrestricted access purposes; a fire lane easement, which is dedicated to the city and its fire suppression and emergency medical service providers for access purposes; an electrical, gas or telephone easement, which is dedicated to the specific utility provider that requires the easement.

(Ord. No. 549, § 10.229, 12-22-2009)