1043.100     EASEMENTS

(a)     Easements shall be established to accommodate the existence of drainageways.

(b)     Where a tract is traversed by a watercourse, drainage-way, channel or stream, there shall be provided an easement paralleling the line of such watercourse, drainage-way, channel or stream with a width adequate to preserve the unimpeded flow of natural drainage in the 100-year floodplain.

(c)     Easements shall be established for all on-site stormwater management or drainage facilities, including but not limited to:  detention facilities (above or below ground), infiltration facilities, all stormwater BMPs, drainage swales, and drainage facilities (inlets, manholes, pipes, and the like).

(d)     Easements are required for all areas used for off-site stormwater control.

(e)     All easements shall be a minimum of 20 feet wide and shall encompass the 100-year surface elevation of the proposed stormwater facility.

(f)     Easements shall provide ingress to, and egress from, a public right-of-way.  In lieu of providing an easement to the public right-of-way, a note may be added to the plan granting the Municipality or their designees access to all easements via the nearest public right-of-way able for vehicle ingress and egress on grades of less than 10% for carrying out inspection or maintenance activities.

(g)     Where possible, easements shall be centered on side and/or rear lot lines.

(h)     Nothing shall be planted or placed within the easement which would adversely affect the function of the easement, or conflict with any conditions associated with such easement.

(i)     All easement agreements shall be recorded with a reference to the recorded easement indicated on the site plan.  The format and content of the easement agreement shall be reviewed and approved by the Municipality and Solicitor.