§ 14-5. Construction within easements.

(a)

To preserve the purpose and integrity of drainage and utility easements, no form of permanent structure, outside those listed below, shall be permitted within said easements. Structures and amenities allowed within drainage and utility easements include driveways, landscaping, and type I accessory structures as defined by the zoning code. Placement of said structures in said easements is subject to approval by the town engineer. Fencing may also be located in drainage and utility easements so long as the fence does not conflict with drainage. In the event that the easement is needed by a party that is granted the right to use the easement, the costs of any disturbance, relocation, or replacement of any permitted or unpermitted objects within the easement shall be borne by the property owner.

(b)

Landscaping within easements may not include understory or canopy trees when a town water main is located within, or within five feet of, said easement. Trees existing in violation of this provision at the time of adoption of the ordinance from which this section is derived shall be vested.

(Code 1999, § 14-6; Ord. No. 2000-02, § 3, 3-14-2000)