§ 406.060. Easements., Chapter 406. Subdivision Design and Improvements, Unified Development Code, Code of Ordinances, Blue Springs

Public Utility Easements. All public utilities, including lines for streetlighting systems, which traverse privately owned property, shall be protected by easements granted by the owner to the appropriate public utility, and approved by the public utility. Such easements shall be so located to minimize interference with the use of any lot or other part of the subdivision. All easements shall be accessible from the public right-of-way. The size of and restrictions pertaining to such easements shall be in accordance with the standards and specifications of the agency having jurisdiction over the utility lines and the subdivision, and shall be indicated on both the preliminary plat and the final plat submitted for approval.

Drainage Easements.

When a subdivision is traversed by a watercourse, drainage channel or stream there shall be provided an easement for drainage purposes adequate to convey the runoff from the 100-year storm.

All drainage streams or channels shall be of such dimension as is necessary to include the full width of the drainageway as established by standards of the Kansas City Metropolitan Chapter of the American Public Works Association. Design and construct manufactured channels with a level area alongside of at least ten (10) feet in width to provide access for equipment necessary for construction, cleaning and maintenance of the drainageway.

Any portion of a subdivision that falls within Flood Zone A as established by the Flood Insurance Rate Map shall be identified on the preliminary and final plat and designated as a drainage easement.

No fence, wall, planting, building or other obstruction may be placed in a drainage easement without approval of the Director of Public Works. There shall be no alteration of the grades or contours within a drainage easement without the approval of the Director of Public Works.

Landscape Easements. Where a non-access reservation is required under this Chapter, a landscape easement shall be shown on the preliminary and final plat. Said landscape easement shall be immediately adjacent to the major street right-of-way and shall be the full width of the landscape buffer required by Chapter 407. The final plat and Property Owners' Association deed restrictions shall contain language as approved by the Director of Community Development which identifies the Property/Homeowners' Association as the entity which shall have permanent responsibility and authority to enter upon said landscape easement to maintain, plant, replant, replace, mow, clip, trim, spray, chemically treat, repair, and otherwise maintain any and all grass, trees, shrubs, flowers, plants, fences and walls. As an alternative, a separate tract of land of at least the same width required for the landscape buffer and subject to the same language outlined above may be utilized instead of the landscape easement. No solid fence or wall may be located within the separate tract or landscape easement. Wrought iron, split rail or other see-through fences may be located within the separate tract or landscape easement. Such fences must be of the same type and style so as to be uniform in appearance along the entire frontage of the subdivision, and may be no closer than five (5) feet from the right-of-way line of the abutting street.

Cross-Access Easements. Unless waived by the City Council, any plat of a non-residential subdivision which abuts an arterial, major, or minor collector street shall provide an easement for the purpose of cross access between the lots within the subdivision and the lots to which the subdivision adjoins. Such right of access shall be noted on the preliminary and final plat of the subdivision. Said cross-access easement shall be paved to specifications required for a residential street and shall be maintained by the owner of the underlying property. Failure to construct and/or maintain said paved area shall be unlawful.

No-Build Easements. Any plat of a subdivision shall show upon all open space a no build easement that restricts the types of structures that may be constructed and maintained within the open space which shall be dedicated to either the owners of property within the platted area or the public and which may not be released except by action of the City Council.