A.
Generally.
1.
Easements for drainage, walkways, access and other comparable purposes shall generally be located along the side or rear or front lot lines and/or drainage flow lines and shall be labeled “Drainage Easement,” “Pedestrian Access Easement,” “Common Access Easement,” “Maintenance and Access Easement,” “Emergency Access Easement” or other specifically appropriate labeling on the final plat.
2.
Unless otherwise recommended by the City Engineer, the developer shall dedicate a fifteen foot (15') general utility easement along the front lot line of each lot and any side lot line that is adjacent to a street. Easements shall be larger when the City Engineer determines necessary special conditions warrant.
3.
To facilitate access from roads to schools, parks, playgrounds, the City may require perpetual unobstructed access easements for pedestrian or bicycle traffic.
4.
Easements dedicated on the plat shall be deemed dedicated to the public and to the City unless specified otherwise.
5.
Private streets shall be labeled as “Emergency Access and Utility Easements” in order to facilitate access for police, fire and other public safety and governmental vehicles and personnel and franchise utility and solid waste disposal vehicles and personnel.
6.
The width of easements for utility providers other than the City, such as for water, gas, electric, telephone, cable television, or internet, 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.
7.
Wherever possible, easements shall be centered along front lot lines rather than across the interior or rear of lots.
8.
Easements shall be dedicated as specified herein. If necessary for the extension of water or wastewater mains, storm drainage or other utilities, easements of greater width may be required along lot lines or across lots. In all cases, easements shall connect with easements already established in adjoining property to facilitate placement of utilities.
B.
Drainage Easement or Right-of-Way.
Where a subdivision is traversed by a watercourse, drainage way or channel, there shall be provided a storm drainage easement conforming substantially with such course and of such additional width as may be designated by the City Engineer, according to proper engineering considerations. The required width shall, under normal conditions, be measured from the centerline of creeks, ditches or drainage channels, conform to the requirements set forth by the Federal Emergency Management Agency (FEMA), the U.S. Army Corps of Engineers, and/or the City and shall be sufficient to accommodate the 25-year flood return elevation.
1.
Utilities may be permitted within a drainage or floodplain easement only if approved by the City Engineer and designed according to the EDSS.
C.
Drainage Piping Requirement.
Any drainage piping that is to be dedicated to the City shall be in an easement with a minimum width of the structure (i.e., pipe diameter or box width) plus fifteen feet (15').
D.
On-Site Easements.
All necessary on-site easements shall be established on the 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.
E.
Offsite Easements.
Any necessary easements not shown on the plat shall be procured by separate instrument, in a form approved by the City Attorney, and shall be the developer’s or property owner’s responsibility. If the developer cannot obtain a required offsite easement, then the developer may request that the City assist in the acquisition of the easement. The developer must make an offer in writing, based on the fair market value of the easement, to the property owner from whom the easement is being sought. All costs of obtaining the easement shall be the responsibility of the developer or property owner and the City must be reimbursed for any costs incurred including its attorney’s fees, condemnation award and any fees or expenses of litigation whether at the trial or the appellate level or both.
F.
Common Access Easements and Cross Access Easements.
To reduce the congestion created by a number of drives along streets while maintaining adequate access to developments, the City may require that “common access easements” or “cross access easements” be dedicated at the corners of lots not intended for low-medium density residential developments when adjacent to lots of a similar use.
G.
Floodplain Easement.
Floodplain easement requirements are as follows:
1.
The 100-year floodplain shall be delineated and cited on the plat. Floodplain easements shall be provided along natural drainage ways and lakes or reservoirs. Floodplain easements shall encompass all areas beneath the water surface elevation of the 25-year 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 and required by the City Engineer.
2.
Modification of existing drainage courses shall only be done using methods and procedures compliant with Federal Emergency Management Agency (FEMA), National Flood Insurance Program (NFIP), Texas Commission on Environmental Quality (TCEQ), U.S. Army Corps of engineers and Texas Parks and Wildlife policies, as applicable.
3.
The City of Joshua shall maintain areas within floodplain easements. Maintenance of floodplain areas outside of floodplain easements shall be the responsibility of the property owner.
4.
The City shall have the right of ingress and egress for the purpose of performing maintenance work or to alleviate any undesirable conditions that may occur within floodplain easements.
(Ordinance 797-2020 adopted 10/15/20)