Zoneomics Logo
search icon

Union Beach City Zoning Code

§ 13-8.12

Easements.

[Ord. No. 324, § 8.12]
a. 
Drainage Easements.
1. 
If the property on which a proposed development is to be located is or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, stream or swale, the planning board may require that a stormwater and drainage easement or right-of-way along said facility be provided by the developer. If existing land drainage structures, such as french drains, are encountered during the course of construction of any development, such drainage structures shall either be removed entirely or a revised final plat showing the location of such drainage structures and accompanied with detailed cross-sections thereof shall be filed with the borough engineer for consideration by the planning board. The planning board, after consulting its engineer and other appropriate agencies, shall either require a drainage easement, require that the structure be removed in part or in its entirety, or recommend such other action to the governing body as it deems appropriate.
2. 
All easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines on the final plat shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.
3. 
The land which is the subject of an easement or right-of-way shall in the case of storm drains or constructed channels be of a suitable width meeting the requirements for design of drainage facilities, or be a strip which conforms substantially to the floodplain of any watercourse along both sides of the watercourse to a width of 50 feet in each direction from the centerline of the watercourse, whichever is the greatest; except, however, that if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easement and right-of-way shall be modified to retain it within the confines of the development.
Said easement and right-of-way shall include provisions assuring the following:
(a) 
Preservation of the channel of the watercourse.
(b) 
Except in the course of an authorized drainage improvement, prohibition of alteration of the contour, topography or composition of the land within the easement and right-of-way.
(c) 
Prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse.
(d) 
Reservation of a public right-of-entry for the purpose of maintaining the storm drain, drainage channel or the natural flow of drainage through the watercourse, of maintaining any and all structures related to the exercise of the easement and right-of-way and of installing and maintaining a storm or sanitary sewer system or other public utility.
b. 
Conservation Easement.
1. 
Conservation easements may be required along all drainage and stormwater rights-of-way in the development and may be required also along ponds, marshes, swamps and streams or other watercourses along which drainage rights-of-way are not required. Such easements are intended to help prevent the siltation of streams and other courses and the erosion of stream banks, other watercourses and adjacent lands. The land subjected to a conservation easement shall be a strip at least 25 feet but not more than 100 feet in width independently located or running adjacent to each side of any required drainage or stormwater right-of-way. Such conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: removal of dead or diseased trees; thinning of trees and other growth to encourage the more desirable growth; removal of trees to allow for structures designed to impound water; and removal of trees in areas to be flooded for the creation of ponds or lakes. The easements shall also prohibit filling or grading of the lands or the disposal of refuse or waste material of any type within the limits of the easement.
2. 
The easement shall be indicated on the plat and shall be marked on the land by iron stakes wherever the lines of such easement change direction or intersect lot lines.
c. 
Sight Triangle Easements. In addition to right-of-way widths required for the full design of all streets and the wider intersections as specified, sight triangle easements may be required on all corners at all street intersections. Such easements shall include provisions to restrict the planting of trees or other plantings or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements and a reservation to the public right-of-entry for the purpose of removing any object, natural or otherwise, that obstructs the clear sight. Such easements shall include the area on each street corner that is bounded by the right-of-way lines and a straight line connecting points on each right-of-way line 50 feet from the intersection of the right-of-way lines with points on the intersecting right-of-way line, which points are the following distances from the intersection of the right-of-way lines (or of their prolongations):
1. 
On local streets - 50 feet.
2. 
On collector streets - 100 feet.
3. 
On arterial streets - 200 feet.
4. 
Where intersections occur on highways or roadways under the jurisdiction of the state or county, the sight triangle easements required by the state or the county may be substituted in lieu of the requirements above.