1. Easements listed in this subsection must be provided on a Final Plat, or by separate instrument, and maintained by the property owner.
 

1. Where not adjacent to a public right-of-way, easements at least sixteen (16) feet wide or as required by the utility, must be provided for utility construction, service, and maintenance must be provided where necessary.
2. Easements for water and wastewater (sewer) facilities and easements accommodating both public utilities and franchise utilities must be at least twenty (20) feet wide or as required by the utility.
3. Additional easements or additional easement width may be required by the Planning and Zoning Commission if deemed necessary by the Planning Director or City Engineer.
4. Easements at least sixteen (16) feet wide or as required by the utility, for utility construction, service, and maintenance must be provided within the front yard of lots that have frontage along state highways, and other arterials as identified on the Thoroughfare Plan. Such easements should be provided along all public Right-of-Way except where otherwise approved by the City Engineer.
5. Easements having greater width dimensions may also be required along or across lots where engineering design or special conditions make it necessary for the installation of utilities and drainage facilities outside public right-of-way.
6. The following statement of restrictions must appear in the dedication instrument on the face of the Plat:
Easements: Any public utility, including the City, shall have the right to move and keep moved all or part of any building, fences, trees, shrubs, other growths or improvements that in any way endanger or interfere with the construction, maintenance, or efficiency of its respective system on any of the easements or right-of-way shown on the Plat (or filed by separate instrument that is associated with said property); and any public utility, including the City, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective system without the necessity at any time of procuring the permission of anyone. Easements shall be maintained by property owners. The City can move trees or any other improvements and does not have the responsibility to replace them.
 

1. Emergency access and fire lanes must be provided in locations required by the City and meet the requirements of the Fire Code.
2. Fire lanes must have a minimum width of twenty-five (25) feet and a minimum height clearance of fourteen (14) feet. Internal drives within parking lots are not required to be curbed.
3. Fire lanes must have a minimum inside radius of twenty-five (25) feet and a minimum outside radius of fifty (50) feet.
4. Fire lanes that are more than one hundred fifty (150) feet in length must either connect at each end to a dedicated public or private street or to an access easement or built with a turnaround in accordance with adopted Fire Code.
5. Fire lanes must be maintained by the property owner or Property Owners' Association.
 

1. Easements for storm drainage facilities must be provided at locations containing existing or proposed drainage ways in accordance with Article 7, Stormwater Management and the City's adopted Technical Manuals.

2. Storm drainage easements must be provided for existing and proposed enclosed drainage systems as specified in the City's adopted Technical Manuals.

(i) Easements must be centered over the drainage systems unless approved by the City Engineer.
(ii) Easements exceeding the width specified in the City's adopted Technical Manuals, where necessary, must be provided as directed by the City Engineer.
 

3. Where lot-to-lot drainage occurs, the standards of Section 7.1: General, specifically § UDC-7.2.1C.1, apply.

4. Storm drainage easements must be provided for emergency overflow drainage ways with enough width to contain stormwater resulting from a 100-year frequency storm, less the amount of stormwater carried in an enclosed system of a capacity required by the City.

5. Where a Subdivision is bounded by a watercourse, drainage way, channel, or stream, a stormwater easement conforming to the lines of such water course shall be provided, and of such width to provide for increased drainage from anticipated future upstream developments, plus a minimum of ten (10) feet on each side.

6. As required by the City, drainage easements must be dedicated up to the full width necessary to accommodate the ultimate drainage facility (culvert, channel, etc.) to be constructed within the easement, including provisions for access ingress and egress by crews and equipment for maintenance purposes.

7. Drainage easement must be provided along natural drainageways and lakes and reservoirs.

8. Drainage easements must be provided in accordance with the recommendation of the City Engineer and the Planning Director to accommodate the fully-developed 100-year storm peak flow rates or the flow of the flood of record whichever is greater.

9. Drainage easements must encompass all areas beneath the water surface elevation of the Base Flood, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined by the City Engineer.
 

1. The following full statement of structures shall be placed in the dedication instrument of the Plat:
Floodplain Drainage Easement Restriction: Construction within the floodplain may only occur with the written approval of the City. A request for construction within the floodplain drainage easement must be accompanied with detailed Subdivision Construction Plans and studies indicating that the construction will cause no adverse impact, that no obstruction to the natural flow of water will result; and subject to all owners or the property affected by such construction becoming a party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of two (2) feet above the 100-year flood elevation as determined by analyzing the ultimate build-out conditions of the entire drainage basin.

Existing creeks, lakes, reservoirs, or drainage channels traversing along or across portions of this addition, will remain as an open channel at all times and will be maintained by the individual owners of the lot or lots that are traversed by the drainage courses along or across said lots. The City will not be responsible for the maintenance and operation of said drainageways or for the control of erosion. Each property owner shall keep the natural drainage channels traversing his or her property clean and free of debris, silt, or any substance, which would result in unsanitary conditions. The City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions, which may occur.

I. Retaining wall easements.

1. If, in the opinion of the City Engineer, the grading plans submitted with the Subdivision Construction Plans for approval of a Final Plat indicate the need for the construction of one or more retaining walls, the City Engineer may, at his or her discretion, require a private retaining wall easement showing the location of the retaining wall(s) and the no-build zone to be dedicated and shown on the Preliminary Plat and the Final Plat.
2. The City will have the right, but not the obligation, to enter the easement for the purpose of maintaining or repairing the retaining wall.
3. The width of the retaining wall easement and the no-building zone will be as established by the Subdivider's structural engineer and approved by the City Engineer.
4. The retaining wall easement shall include a no-building zone extending from the retaining wall on both sides, within which any additional load from future construction would exceed the design capacity of the retaining wall.

(i) No structure (other than the retaining wall), swimming pool, or any other feature which adds load to the retaining wall, shall be constructed within the no-building zone.

5. A retaining wall easement must be located entirely on one lot and not straddle property lines, unless the wall is constructed within a retaining wall easement dedicated to the Property Owners' Association in accordance with § UDC-2.5.13I.6.
6. The property owner, or the Property Owners' Association for the subdivision, as applicable, shall be responsible for maintenance of the retaining wall, and a note shall be included to this effect on the Final Plat.
 

1. No dedication otherwise required by this ordinance may be imposed upon a property owner unless the City determines that the dedication is related to the impact of the proposed development; is roughly proportional to the needs created by the proposed development; and provides a benefit to the development.
2. An applicant may appeal a staff recommendation that a dedication be required in accordance with the provisions of Section 2.6: Subdivision Relief Procedures.
 

1. Easements required in this subsection 2.5.13 are areas established for public purposes on private property upon which the City shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of City systems.

2. The City shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity at any time or procuring the permission of anyone.

3. The property owner shall be responsible for maintaining the easement.

See § 2.5.13: Easements, dedications, and restrictive covenants for complete, detailed information.