HomeMy WebLinkAboutDIV II) CH 2 Sewer Service: Section 56 - Location of Sewer Lines and Easements56-1
SECTION 56 LOCATION OF SEWER LINES AND EASEMENTS
56.01 LOCATION OF SEWER LINES
A.In Public Right-of-Way or Easements. Sewer lines
constructed by or for this District shall be constructed within
public road or street right-of-ways, except where the District
has expressly authorized the construction to be made within
permanent right-of-way easements.
B.Physical Location.
1.A sewer line constructed within a public road or
street right-of-way shall normally be located along
the centerline of the right-of-way.
2.A sewer line constructed within an easement shall
normally lie along the centerline of said easement if
the easement will not contain other utility lines. If
other utility lines are allowed in the sewer easement,
the location of the sewer line must have prior
District approval.
56.02 DISTRICT SEWER LINE EASEMENTS
A.Width of Easements. District minimum requirements for
width of an easement for a sewer line shall be 20 feet;
provided, however, in exceptional cases, the General Manager may
accept a permanent easement less than 20 feet in width on
condition that the landowner grants to the District an adequate
temporary easement for construction purposes together with a
right of access to the permanent easement for purposes of
maintenance and repair of the sewer line to be installed.
B.Easements in Subdivisions. The centerline of an
easement for a sewer line within a subdivision or "lot-split"
shall be parallel to at least one of the sidelines of the lot or
parcel in which the easement is located. The entire width of
the easement, as measured at right angles to the said parallel
sideline, shall be located within the said lot or parcel.
C.Easements in Unsubdivided Land. The centerline of an
easement for a sewer line in unsubdivided lands shall, whenever
practicable, be parallel to one of the sidelines of the parcel
of land in which the easement is located. The entire width of
the easement, as measured at right angles to the said parallel
sideline, shall lie within the said parcel.
56.03 ENCROACHMENT IN DISTRICT EASEMENTS
A.Enforcement Against Encroachments. The General
Manager is authorized and directed to institute, on behalf of
the District, any legal action necessary to prevent or remove
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encroachment by others in, over, or upon District sewer
easements and right-of-ways.
B.Allowance of Encroachments. The General Manager may
allow encroachment in, over, or upon a District easement or
right-of-way if he determines that the encroachment will not
interfere with operation of the District's water or sewer
systems and will not interfere with the maintenance, repair and
replacement of such systems. However, such encroachment shall
not be allowed until the property owner requesting the
encroachment executes an encroachment agreement, approved by the
District. The agreement shall provide, among other conditions,
that (i) the cost of removing and replacing the encroachment
shall be borne solely by the owner, (ii) the District will not
waive any rights as to its use of said easement or right-of-way,
including, but not limited to, the right to enter upon said
easement at any time for the purpose of making repairs,
modifications, or replacement of any pipeline or road, and (iii)
the encroachment will be removed upon 30-days written notice
from the District to the owner. The General Manager may grant
the extension of such period; however, the extension must be in
writing and signed by the General Manager.
The Manager's authority to allow such encroachment shall
extend to improvements that are removable and which do not
exceed $2,500 in value. All other encroachments must be
approved by the Board of Directors.
56.04 CONCURRENT USE OF DISTRICT EASEMENTS
A.By Governmental Agencies. The Manager is authorized
to enter into agreements for concurrent use of District
easements by other governmental agencies or public utilities,
provided such use does not interfere with the District's
utilization of the easement.
B.By Private Persons or Entities. Concurrent use of
District easements by persons or entities other than
governmental agencies or public utilities must be approved by
the Board of Directors.