Chapter 19.10
EASEMENTS AND DEDICATIONS
Sections:
19.10.030 Dedications and easements.
19.10.040 Schedule for dedication or establishment.
19.10.050 Conflict with other provisions.
19.10.010 Purpose.
This chapter is intended to serve as the City of Ferndale’s primary regulatory authority describing the width and purpose of private easements as well as the language necessary to record such easements and dedication of land to the City. Easements and land dedicated to the City are intended to provide adequate area and distance for their stated purpose, and are intended to complement land use setbacks established in the Ferndale Municipal Code. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 2), 2016. DS § 201)
19.10.020 Definitions.
A. “Easement” means the right or privilege to use real property (including access rights) distinct from the ownership of real property. There are a number of easement types:
1. Access easement: a right or rights granted or taken for the construction, maintenance and operation of roadways and/or pedestrian or bicycle trails and sidewalks which does not transfer fee title.
2. Construction easement: a right or rights granted or taken for the construction of on- or off-site improvements which does not transfer fee title and which expires upon the completion of specified construction activities.
3. Utilities easement: a right or rights granted or taken for the construction, maintenance and operation of City or private utilities including but not limited to water, sewer, storm, electricity, natural gas, and telecommunications above or below the ground, which does not transfer fee title.
4. Shared easement: an easement shared by two or more properties.
5. Conservation easement: an easement of variable size intended to preserve, protect, maintain and limit use of a portion of undeveloped property containing an identified critical area(s) and/or their associated buffer area(s) as per Chapter 16.08 FMC, Critical Areas, the shoreline master program, or as required by any other regulation enforced by the City.
B. “Dedication” means the setting aside of property for public use without compensation as a condition precedent to the granting of a permit, license, or approval from the City of Ferndale.
C. “Right-of-way” means a strip of land over which is built a public road. A right-of-way may exist through the establishment of an easement or the dedication of land for right-of-way purposes. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 2), 2016. DS § 202)
19.10.030 Dedications and easements.
A. General. Right-of-way shall be dedicated for streets and other improvements to accommodate motorized and nonmotorized transportation, parking, utility and buffer requirements. Some reduction in the minimum right-of-way requirement may be granted at the sole discretion of the Public Works Director as a design deviation where it can be demonstrated that sufficient area has been provided for all functions within the right-of-way and in alternate locations. The minimum right-of-way requirements for minor and local streets can be reduced in widths if geometric requirements and provisions for utility installations and maintenance are met. Wherever utility and maintenance easements are required beyond the existing right-of-way requirements, necessary easements shall be provided.
B. Unless already allowed in these standards, right-of-way widths less than those identified in these standards require specific approval of a variance by the Public Works Director pursuant to Chapter 19.05 FMC, unless approved as a design deviation referenced in subsection (A) of this section. Right-of-way widths greater than those widths identified in the standards may be required in order to facilitate the construction of improvements identified within the Comprehensive Plan.
1. Declaration and dedication language shown on the recorded document shall be as follows:
Known to all persons by these presents that we the undersigned, being owners in fee simple of the land herein platted, are persons authorized by all parties having any interest in the land hereon described to obtain this (type of development), hereby declare and acknowledge this “(development name)” and dedicate to the use of the public forever all roads and/or rights of way or other areas and other ways, do hereby waive on behalf of themselves and their successors in interest all claims for damages against the City of Ferndale and any other governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said dedicated roads and/or rights-of-way or other areas and other ways, and do hereby grant and reserve any easement shown hereon for the uses indicated.
C. Easements. Easements in favor of the City are required for all public systems, unless specifically exempted. Specific requirements for sewer, water, and stormwater drainage easements are detailed in the relevant chapters. Particular design features of a street may necessitate slope, retaining wall or drainage easements. Such easements may be required by the Public Works Director in conjunction with dedication or acquisition of right-of-way and other standard easements.
|
EASEMENT TYPE |
MINIMUM WIDTH |
NOTES |
COMMON USE |
|---|---|---|---|
|
Access – Pedestrian |
10' |
Improvements to access easements shall include a sidewalk or trail consistent with the Comprehensive Plan and these standards. Improvements may also include a vegetated buffer from adjacent uses. |
Trail or bicycle corridors on private property (all land use types). |
|
Access – Vehicular |
24' |
Must terminate in approved hammerhead or similar configuration, must comply with minimum fire department standards. May be co-located with utility easements. |
Residential driveways serving four or fewer units, commercial driveway access. |
|
Access – Combined |
36' |
|
Commercial or multifamily private driveways with sidewalks. |
|
Utility Easements – Singular |
15' |
Based on site and soil conditions, structural engineering may be required for buildings constructed within 10 feet of an easement, depending on depth and location of utilities. May be co-located with access easements. |
Conveyance of a single public or private utility through private property (all land uses). |
|
Utility Easements – with Manhole |
24' (20' driving surface, 2' shoulders on either side) |
Easements serving as access roads to manholes within easements must be wide enough to support the City’s maintenance vehicles. |
Vehicle access to utilities. |
|
Utility Easements – Multiple |
30' (two utilities) 40' (three utilities) |
A minimum 10' horizontal separation between wet utilities is required. Based on site and soil conditions, a structural engineer’s analysis may be required. Buildings must be constructed no closer than the distance defined by a 1:1 prism from the utility’s elevation, and a minimum 15' from any water line. May be co-located with access easements. |
Conveyance of multiple public or private utilities through private property (all land uses). |
|
Conservation Easement |
Variable |
As determined by qualified professional. |
Establishes that area necessary to protect environmentally sensitive areas and their buffer from further encroachment or development. |
a. Access Easements – Pedestrian. Where it is necessary to facilitate pedestrian circulation between neighborhoods, schools, shopping, recreation or other activity centers in addition to that provided for adjacent to a street, public access easements shall be dedicated.
Access easements shall be a minimum of 10 feet wide. Improvements to the easements shall include a sidewalk or trail consistent with other nonmotorized facilities in the area. Fences may be constructed along access easements in conformance with landscaping guidelines contained in Chapter 18.74 FMC.
b. Access Easements – Vehicular. In the event properties do not have direct frontage on a City street, access shall be provided via an easement. Creation of a development served by an access easement rather than a dedicated street shall be at the discretion of the Ferndale City Council. Vehicular access easements shall be paved, be a minimum of 24 feet in width, shall terminate in an approved hammerhead turnaround as illustrated in Detail R5A and shall be built in a manner consistent with Appendix D of the International Fire Code, current edition. In the event that multiple lots are served by an access easement, an agreement designating the shared maintenance responsibilities for the easement shall be signed by all affected parties and recorded with the County Auditor.
c. Utility Easements – Singular. An easement for a single City utility line shall be a minimum of 15 feet in width and shall be designated on a recorded plat, short plat, binding site plan or recorded deed. The City may require a wider easement if the depth of the proposed utility does not provide sufficient horizontal separation to facilitate maintenance and repair, as site conditions dictate, as determined by the Public Works Director. This horizontal separation shall be generally defined by a 1:1 prism from the depth of the utility to adjacent structure(s); alternatively this condition may be met via the construction of a foundation or footing at a depth equal to or greater than the utility.
d. Utility Easements – Multiple. An easement containing both City water and sewer lines shall be a minimum of 20 feet in width and shall provide for a minimum horizontal separation between water and sewer lines of 10 feet. Easements shall be designated on a recorded plat, short plat, binding site plan or deed. The City may require a wider easement if the depth of the proposed utility does not provide sufficient horizontal separation to facilitate maintenance and repair, as determined by the Public Works Director, as described in Footnote (3)(c).
e. Conservation Easements. The size of conservation easements may vary substantially. The recorded conservation easement shall include, but is not limited to, the following elements:
i. Language granting the City an easement for conservation purposes over that area identified by the easement.
ii. A map identifying the area of the easement.
iii. A legal description of the easement.
iv. Provisions allowing amendment of the easement reflecting alteration by natural processes and/or operation of law.
v. A description of mutual rights and obligations, including:
A. Right to enter.
B. Penalties and right of the City to recover damages.
C. The right of the City to enforce the terms of the easement, including reference to the City’s enforcement policies (Chapter 1.12 FMC).
D. The fact that the City is under no obligation to maintain the easement area.
E. Requirement of the grantor to pay property taxes on the easement area.
F. A requirement for the grantor to maintain the area at their cost.
G. Requirement to indemnify the City of any obligations to maintain or pay for maintenance of the easement.
H. Severability language.
(Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 2), 2016. DS § 203)
19.10.040 Schedule for dedication or establishment.
The need for easements or dedications will be determined by project review, which may vary substantially depending upon the type of project proposed. In general, the schedule for establishing easements and dedications shall be as follows:
A. Public Projects. The City shall seek to acquire easements and dedications prior to initiating construction activities.
B. Private Projects. The City shall seek to acquire easements and dedications following construction of required civil infrastructure, based on approved as-built drawings, and often simultaneously with the recordation of subdivisions. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 2), 2016. DS § 204)
19.10.050 Conflict with other provisions.
As this chapter is intended to act as the primary location for information related to easements and dedications, in case of conflict with other regulations this chapter shall take precedence. Modifications to these requirements may be considered on a case-by-case basis, either as a design deviation or as a variance as more fully described in Chapter 19.05 FMC. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 2), 2016. DS § 205)