§ 1005. Easements  


Latest version.
  • Easements may be required by the Planning Board where necessary for the proper location and placement of improvements on private land as described below. The Board may, at its discretion, require the dedication of land to the Town in lieu of easements if such dedication would provide greater control over, and access to, the intended use. In addition to rights-of-way, easements may be required for the following purposes:

    A. Water Course. Where a subdivision is traversed by a water course, drainage way or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and of such width as will be adequate for the purpose.

    B. Sanitary Sewer. Within the sewer district, easements across lots or centered on rear or side lot lines may be provided for sanitary sewers. The nominal width for a sewer easement shall be thirty (30) feet.

    C. Drainage. Easements to install and maintain underground drainage facilities on private land may be required by the Planning Board. The nominal width for such a drainage easement shall be twenty (20) feet.

    D. Grading. The Planning Board may require the dedication of an easement to the Town in order to grade or to maintain grading on private property where such grading is necessary to establish or maintain adequate drainage, sight distances, or topographic features required as a condition of subdivision approval.

    E. Utilities. Easements for water lines, electric and communication lines and other utilities may also be required. Whenever possible, utilities shall be grouped together and located within a right-of-way easement. All utility easements shall be a minimum width of twenty (20) feet and contain, at least one concrete bound at each corner together with bounds at such other points as may be necessary to define the easement.

    F. Sight Distance. Where deemed necessary by the Planning Board to establish or maintain adequate sight distances for vehicular traffic, the dedication of an easement to the Town may be required which would prohibit the erection or maintenance of any visual obstruction such as a structure, tree, shrub, wall, earthen embankment, hill or any other obstruction.

    G. Bicycle or Pedestrian Access. Bicycle and pedestrian access shall be provided where required by the Planning Board to allow alternative connections to public roads, pathways, trails or other travelways on a separate strip of land dedicated to the Town, or on an easement having a minimum width of fifteen (15) feet.

    H. Viewsheds. Easements for the protection of significant public viewsheds may be required to be delineated on plans and recorded in appropriate documents.

    I. Other Easements. All other required easements, such as those for buffers, or no-cut zones, shall be of sufficient width and area for the intended purpose.