§ 89-30. Servitudes (easements).  


Latest version.
  • Purpose: this section provides standards for the location, width, and maintenance of servitudes/easements to ensure that public infrastructure is adequately maintained. Action Item (3.15.5)

    (a)

    Applicability.

    (1)

    Public servitudes are those servitudes established to accommodate publicly owned or controlled utility facilities necessary to provide various types of utility services to individual properties.

    (2)

    Public servitudes may be used for, among other uses, facilities necessary to provide water, electrical power, natural gas, drainage, storm sewer, traffic control, fiber, access, access management, telephone, telegraph, sanitary sewer services, and "utility" as defined in article 8.

    (3)

    The term "servitude" may be used interchangeably with the term "easement" as found throughout this chapter.

    (b)

    Generally.

    (1)

    Public Servitudes across lots or centered on rear or side lot lines shall be provided as necessary.

    (2)

    The location and width of private servitudes must be coordinated with any individual private utility companies involved.

    (3)

    Public servitudes located along the outer boundaries of a plat must contain the full width required for the servitude unless the adjacent property is within a portion of a previously approved plat and under the same ownership as the property being platted or where additional servitude is dedicated by separate instrument by the owner of the adjacent tract. In those cases, one-half of the required servitude width may be dedicated within the plat boundary by separate instrument or through notation on the plat certifying the ownership and dedication of the servitude.

    (4)

    All existing servitudes which traverse or border any property planned for development under these regulations must be indicated on the subdivision plat and site plans submitted to the planning and zoning commission for approval.

    (5)

    LCG shall control the space allocation in all public servitudes.

    (6)

    No permanent buildings, overhangs, or obstructions shall be constructed or placed in a public servitudes.

    (7)

    Quasi-permanent structures, fences, plantings, and all other temporary obstructions may be constructed or placed within a public servitude only if approved in advance by LCG in writing. LCG may approve in full, approve in part, or reject the request to place a quasi-permanent structure, fence, planting or other temporary obstruction within the public servitude. No quasi-permanent structure, fence, planting or other obstruction shall be constructed or placed within the public servitude unless and until the same is specifically authorized by LCG. Any damage to a quasi-permanent structure, fence, planting or other temporary obstruction occurring as a result of the maintenance or improvement of a facility shall be the responsibility of the property owner, not LCG.

    (8)

    In the event LCG approves the construction or placement of a quasi-permanent structure, fence, planting or other temporary obstruction within the public servitude, LCG shall have the right to require the property owner to remove the same, at the cost of the property owner, if removal of the same is necessary for the enjoyment and/or exercise of the public servitude by LCG. A property owner required to remove a quasi-permanent structure, fence, planting or other temporary obstruction shall not be entitled to damages for the removal of the same, nor shall the property owner be entitled to recover the costs of removing, replacing or reconstructing the same. Further provided, should LCG require the removal of a quasi-permanent structure, fence, planting or other temporary obstruction from the public servitude, the property owner shall allow LCG to place the removed objects adjacent to the public servitude on property belonging thereto.

    (c)

    Utilities servitudes.

    (1)

    Public utility servitudes may be used for, but not limited to, facilities necessary to provide water, electrical power, natural gas, fiber, telephone, telegraph and sanitary sewer services.

    (2)

    Public utility servitudes shall have a total width of at least ten feet. A ten-foot by ten-foot niche is required at all property corners fronting streets. The niche may be centered on the property line such that five feet of the width is on each side of the property line. Deviations from this general requirement shall be subject to approval by LUS for city property and LCG for unincorporated property.

    (3)

    Storm sewers or open drainage ways must not be constructed within public utility servitudes unless specifically approved by LCG and where additional servitude width is provided to conform to the standards established above for utility servitudes.

    (4)

    No permanent buildings or obstructions shall be placed in the public utility servitude.

    (5)

    Quasi-permanent structures, fences, plantings and other temporary obstructions shall not be allowed within public utility servitudes unless the same are approved in accordance with the procedure set forth in section 89-30(b)(7), and any such structures, fences, plantings or other temporary instructions shall be subject to the provisions of section 89-30(7)-(8).

    (6)

    Overhangs into the public utility servitude shall not be allowed, unless:

    a.

    The overhang does not encroach more than 12 inches into the public utility servitude at a height of no less than ten feet above final grade.

    b.

    The overhang is specifically approved by the field operations division of LUS.

    (7)

    Dead-end public utility servitudes are not allowed unless specifically agreed to by the the utility in whose favor the public utility servitude has been granted.

    (d)

    Drainage servitudes.

    (1)

    Where a subdivision is traversed by a water course, drainage way, channel, or stream, the applicant shall provide a drainage and access servitude at least 20 feet in width on each side of the water course and conforming substantially with the water course's lines and a drainage servitude for the location of the water course, the same being necessary to ensure proper drainage, minimize flooding, and accommodate the movement of equipment, manpower and materials along such water course for maintenance. If the water course, drainage way, channel, or stream is identified on the official drainage map, there shall be provided a drainage and access servitude of at least 30 feet in width on each side and conforming substantially with the water course's lines and a drainage easement for the location of the water course, the same being necessary to ensure proper drainage, minimize flooding, and accommodate the movement of equipment, manpower and materials along such major water course for maintenance. The easement shall include further width and/or construction where needed to accommodate drainage flows. Notwithstanding the foregoing, if the director of PW or his designee should determine that the public interest in effective drainage and flood prevention can be served by a servitude of narrower width than prescribed above, then the director may require a servitude of reduced width, provided that the same is sufficient to ensure proper drainage, minimize flooding and allow the movement of equipment, manpower and materials along the channel for maintenance.

    (2)

    Storm sewers or open drainage ways must not be constructed within public utility servitudes unless specifically approved by PW and where additional easement width is provided to conform to the standards established above for drainage servitudes.

    a.

    The drainage servitude, for sub-surface drainage not adjacent to a public roadway, shall be a minimum of 20 feet and meet the requirements of PW.

    (3)

    The property owner shall not permit drainage across the servitude into the water course except by natural means. If drainage across the servitude is requested, any drainage structure must be approved by PW or other authorized public drainage or flood control official.

    (e)

    Private servitudes.

    (1)

    This subsection applies only to the unincorporated areas of the Parish and City of Lafayette.

    (2)

    All private servitudes created prior to the subdivision of any tract of land must be shown on any subdivision plat as provided in article 10.

    (3)

    If the holder of an undefined servitude does not define the servitude involved, the subdivision plat must —

    a.

    Provide accurate information as to the center line location of all existing pipelines, pole lines, or other utility facilities that conform with the servitude holders rights, and

    b.

    Establish building setback lines 15 feet from and parallel with both sides of the center line of all utility facilities identified in subsection a. above.

    (4)

    Special use servitudes.

    a.

    The establishment of special use utility servitudes may be provided on a subdivision plat when —

    1.

    The servitude accommodates a utility facility owned, operated and maintained by a unit of government and is restricted to either water mains, sanitary sewers, storm sewers or for drainage purposes; and

    2.

    PW determines that these facilities cannot or should not be accommodated within a general purpose public utility servitude or public street right-of-way.

    b.

    Servitudes proposed to be established for any private utility company or private organization providing utility services and restricted for their exclusive use may be shown on a subdivision plat.

    c.

    The private utility facilities can be accommodated and placed within the general purpose public utility servitudes, public streets and alleys established within the plat boundary.

    d.

    This subsection does not prevent the private utility companies or the subdivider from granting and establishing special or exclusive use servitudes by separate instruments if those arrangements are deemed necessary to properly serve the properties within the plat boundaries.

    (f)

    Cross access easement/servitude.

    (1)

    A "cross access easement or servitude" includes —

    a.

    Public access easement/servitude (joint use) for vehicle/pedestrian access from the public roadway to two or more properties, or

    b.

    Public access easement/servitude (cross access) for vehicle/pedestrian access across multiple properties generally parallel to a public roadway.

    (2)

    If the Administrator or approving agency finds that internal circulation between adjoining properties will avoid a reduction in the level of service (LOS) of adjacent streets, the applicant shall provide a cross access easement or servitude between the properties.

(Ord. No. O-252-2015, § 4, 11-17-15; ; O-112-2017, § 2(e)—(g), 6-20-2017)