§ 174-31. Easements.

A. 

General. As required by the Town, easements of sufficient width necessary for installation, repair and/or replacement of improvements shall be provided, subject to the following:

(1) 

The depth, type, size and location of a utility in addition to soil conditions will be considered when establishing an easement width.

(2) 

To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.

(3) 

Public water. Where an easement for public water is provided, the service shall extend to the easement line (or across utility easement).

(4) 

Where a development is traversed by a watercourse, the applicant shall provide to the Town at no cost a drainage easement or right-of-way conforming substantially to the line of such watercourse and of such width as will be adequate to preserve natural drainage and maintain the same.

(5) 

The minimum easement width shall be 20 feet, but the actual width acceptable to the Town will consider all those factors previously listed in this section.

(6) 

Stormwater management facilities. An access easement of 25 feet shall be provided around all portions of stormwater management facilities, or said facilities may be located on land dedicated to the Town.

B. 

Formation of easements. If easements are required on a project, the following procedure will be followed:

(1) 

The developer will have his engineer and/or surveyor prepare maps and descriptions of all of the easements associated with the development.

(2) 

The easements and descriptions are referred to the Town Engineer for technical review of bearings and distances.

(3) 

After technical review by the Town Engineer, the easement maps and descriptions are sent to the Town Attorney to assure that the appropriate legal language is incorporated into the documents.

(4) 

The Town Attorney will then contact the developer's attorney to work out any concerns associated with the easement descriptions.

(5) 

If any revisions to the easements are needed, they are made by the developer's engineer. Any changes must then be offered to the Town Board for acceptance.

(6) 

Either the Town Attorney or the Town Clerk will duly file the final easements, and the charge of such will be borne by the developer.