§ 3.3. Easements.

a.

The minimum width for City utility easements shall be fifteen feet (15') or as otherwise required by the City Engineer. The minimum width for City drainage easements shall be as required by the City Engineer. The width of easements for other utility providers, such as for gas, electric, telephone or cable television, shall be as required by that particular entity. It shall be the applicant's responsibility to determine appropriate easement widths required by other utility companies (also see Section 3.8). Wherever possible, easements shall be centered or along front or side lot lines rather than across the interior or rear of lots, particularly where no alleys will be provided behind the lots. No private utilities shall be allowed to be located in any public or private easement or right-of-way without the express written permission of the owner of the easement.

b.

Where a subdivision is traversed by a watercourse, drainageway or channel, there shall be provided a storm drainage easement or 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. The required width shall conform to the requirements set forth by the Federal Emergency Management Agency (FEMA), the U.S. Army Corps of Engineers, and/or the City. Parallel streets or parkways shall be required adjacent to certain portions of creek or drainageways to provide maintenance access and/or public access and visibility into public open space or recreation areas (see Section 4 [Article IV]). The number of lots that back or side onto creeks, drainageways, public parks and open spaces, and public school sites shall be limited, and possibly prohibited, such that public access, visibility, safety and security within these areas are maximized. Other utilities may be permitted within a drainage or floodway easement only if approved by the City Engineer and any other applicable entity requiring the drainage or floodway easement.

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 accommodate the minimum building size as required by the area regulations of the Zoning Ordinance or if the property is in the ETJ then the buildable area shall be an area one-half (½) of the lot size. The maximum buildable area shall not exceed the limits of allowable impervious area as delineated in the Zoning Ordinance or if the property is in the ETJ no more than 60% of the lot size shall be impervious cover. 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. Final approval of the allowed buildable area for any lot shall be by the Municipal Development Director.

d.

Where alleys are not provided in a residential subdivision, 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 established on the subdivision plat and not by separate instrument, and they shall be labeled for the specific purpose, and to the specific entity if other than the City, for which they are being provided. Examples include, but are not limited to, the following: a water, sanitary sewer or drainage easement, which is dedicated to the City for a water or sanitary sewer line or for a drainage structure; 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; and so on.

f.

In all new residential developments (except in the Agricultural District) of ten (10) dwelling units or larger a five-foot wide pedestrian access/private franchise utility easement shall be located immediately outside and contiguous to the street right-of-way along the entire length of local streets only. The pedestrian access/ private utility easement shall be reserved for a mandatory four-foot wide sidewalk and private franchise utilities, such as, cable TV or telecommunication lines. The public parkway portion of the street right-of-way between the back of curb and the outer edge of the right-of-way shall be reserved for public utilities and landscaping. Both the public parkway and pedestrian access easement shall be constructed in accordance with the Local Street Section Alternate "A" in the TCSS. Exceptions due to physical site constraints shall be considered only upon a written request to the City Engineer who shall prepare a report for City Council consideration. An exception shall not be for the entire subdivision but only to the extent of mitigating the demonstrated constraints.

g.

[Reserved.]

h.

Visibility Easements: Whenever an intersection of two (2) or more public rights-of-way occurs, a triangular visibility area shall be created. The visibility easement for each type of intersection shall be as follows:

1.

Intersection of two major arterials: Forty feet (40') from the intersection right-of-way;

2.

Intersection of a collector or residential street onto a major arterial: Twenty-five feet (25') from the intersection right-of-way;

3.

Intersection of two collector or residential streets (or one of each): Twenty feet (20') from the intersection right-of-way; and

4.

Intersection of two alleys: Twenty feet (20') from the intersection right of way.

The maximum height of fences, walls, signs, and other similar fixed items shall be thirty inches (30") within the visibility easement. All landscaping (and any other fixed feature) within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between thirty inches (30") and eight feet (8'). A limited number of single-trunked trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. Landscaping, except grass and low ground cover, shall not be located closer than three feet (3') from the edge of any street pavement.