Sidebar Subdivision Regulations

Online version is NOT official, it is only for use as a reference.
Official copies can be viewed or purchased at the
Department of Planning, Conservation, and Development.

SECTION 5.24- PERMANENT EASEMENTS

Permanent easements that run with the land and burden the premises in perpetuity, or right-of-ways shall be granted or obtained for access to and use of all land associated with subdivision improvements located outside the street right-of-way to include, but not be limited to, the following types:

  1. Construction and Maintenance: All bridges, culverts, permanent sediment and erosion control measures, storm water retention/detention structures, and recreational facilities shall be located within an easement or right-of-way to the City to allow for necessary repairs and maintenance. The accommodate the entire structure or facility and appurtenances, and to allow reasonable room for appropriate equipment to be maneuvered;
  2. Access: Bridges, culverts, permanent sediment and erosion control measures, storm water retention/detention structures, and recreational facilities shall have access easements for construction and maintenance equipment. Access easements shall be a minimum of 30 feet wide, and graded and cleared suitably for use by the appropriate equipment;
  3. Utilities: Water mains, sanitary sewers, all other utilities and all related appurtenances located outside the street right of way shall have utility easements for the use and access. The easements shall be substantially centered on the utility and on or parallel to property lines whenever possible and be of such width as determined necessary by the pertinent officials;
  4. Slopes: Slope easements for grading: Slope easements for grading, maintaining, and repair roadway slopes shall be required for substantial cuts or fills located outside the street right-of-way. Slope easements shall also be required adjacent to future road extensions;
  5. Sight lines: Sight easement across corners of lots at intersections shall be required to assure safe lines of sight for motorists. The size of the easement shall be based upon the required sight distance and the site characteristics as determined by the Public Works Department and added to the street right-of-way.
  6. Storm Drainage: Drainage easements shall be provided for all parts of the storm drainage system located outside the street right-of-way.
    1. Where it is necessary to drain a public street across lands included in the subdivision, the plans shall provide an easement for the discharge of water in favor of the City of Middletown. The location of such easements shall be satisfactory to the Director of Public Works.

Amended: Section 5.18.05
Effective Date: August 15, 1993

Amended: Section 3.00
Effective Date: August 1, 1995

Amended: Section 2.06.03
Effective Date: October 1, 1996

Amended: Section 5.19.14
Effective Date: April 15, 1997

Amended: Section 3.09
Effective Date: November 15, 1999

Amended: Section 2.06.03(2)
Effective Date: November 15, 1999

Amended: Section 2.06.03(2)
Effective: July 15, 2001

Amended: Section 4.01.01
Effective Date: December 1, 2001

Amended: Section 2.05.01
Effective Date: March 15, 2002

Amended: Section 1.12
Effective Date: February 19,2003

Amended: Section 5.14
Effective Date: June 13, 2003

Home ---> Departments ---> Planning ---> Subdivision Regulations- Table of Contents ---> Section 5.24- Permanent Easements