§ 16.40.140.4.4. Easements.

A.

No building or other structure shall be erected and no trees or shrubbery shall be planted on any easement other than fences, trees, shrubbery and hedges of a type approved by the POD. All costs involving repairing of hard surfaces, removal and replacement of fences, walls, trees, shrubbery, and hedges shall be the responsibility of the property owner. Easements shall be required as follows:

1.

Width. Easements centered along the lot lines shall be dedicated where necessary and shall be at least ten feet in width. An easement of 15 feet in width shall be required for rear yard easements designed to house two or more utilities. Additional width shall be required when deemed necessary by the engineering director. Due to the limited space available in the right-of-way and in lieu of rear and side lot easements, easements on either side of the right-of-way may be acceptable.

2.

Watercourses. Where a subdivision is traversed by a drainage way, channel, stream, or other watercourse, there shall be dedicated a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourses and such additional width as will be adequate for the purpose of maintaining the watercourses and providing the ingress and egress of equipment for this purpose. Parallel streets or parkways may be required.

3.

Drainage reservoirs. Lakes, ponds, and other similarly enclosed reservoirs which constitute a necessary part of the City stormwater management system, together with at least a 15-foot strip at no greater than a 1:12 slope of surrounding land area measured from the top of sloped bank above the high watermark, shall be dedicated to the City as a perpetual easement for the purpose of drainage and access for heavy maintenance of the reservoir. The easement shall either abut or be connected to a public street by a 20-foot wide right-of-way or easement for access. No private facility may be constructed within the easement without a written permit from the City. Ownership of water bodies, not accepted by the City as a necessary part of the City stormwater management system, shall be distributed to abutting lots by extending side lot lines to a common point or line in the water bodies or platted as common areas for ownership and maintenance by private associations. Only the land portion of such lots shall be considered in calculating required lot area.

B.

The abutting owners shall maintain the bank of the reservoir down to the design low waterline on all drainage reservoirs. On drainage reservoirs that are not accepted as a part of the City drainage system, private responsibility for maintenance and mosquito control shall be established prior to recording the final plat. All proposed drainage reservoirs, lakes, and water bodies not requiring seawalls shall conform to required slopes for lake excavation.

C.

Slopes for lakes, detention and retention ponds, watercourses and drainage reservoirs shall comply with the following slope requirements. From the top of the bank (ground level) to the normal water level, the slope shall be not greater than one foot every four feet. From the normal water level, the maximum slope shall be one foot every five feet for a distance of 25 feet from the normal water level into the lake. Thereafter, the slope shall not exceed one foot every two feet.

(Code 1992, § 16.40.140.4.4)