§ 3.8. Easements.

1.

Drainage easements.

(a)

Where a subdivision or development is traversed by a watercourse, drainageway, channel, or stream, adequate areas for stormwater or drainage easements shall be allocated, conforming substantially with the lines of such watercourse, and of sufficient width (not less than 20 feet) to carry off stormwater and provide for maintenance and improvements of the watercourse.

(b)

The location of any surface drainage course shall not be changed without the approval of the planning commission and county of jurisdiction.

2.

Utility easements.

(a)

Adequate areas of suitable size and location shall be allocated for utility easements. The location and size of such easements shall be coordinated with the public and private utilities involved.

(b)

Where provided along side or rear lot lines, utility easements shall be not less than 20 feet in width. No permanent structures shall be placed within such easements, and no landscaping inconsistent with utility regulations shall be allowed. Such easements shall be maintained by the property owner(s) and may be used to satisfy yard requirements.

3.

Maintenance.

(a)

Covenant restrictions placed in the deed of a lot which contains a utility easement shall stipulate that the town, county, or utility company with lines in such easement shall have full right of access to such easement.

(b)

The town shall maintain only those easements specifically accepted for public maintenance.

(Ord. No. 03-15, 11-18-2003)