19.35.015 Easements.
In order to ensure the provision of adequate utilities as determined by the public works director in a timely manner consistent with the city’s comprehensive plan, and protect the health, safety and welfare of the city and its residents, all activities regulated under this title shall comply with the following requirements:
A. Public easements for the construction and maintenance of utilities and public facilities shall be granted to provide and maintain adequate utility service to each lot and adjacent lands. The widths of the public easements shall be a minimum of 20 feet unless the city determines a smaller or larger width is appropriate based on site conditions. Whenever possible, public easement shall be combined with driveways, pedestrian accessways and other utility easements.
B. Private easements for the construction and maintenance of utilities within the subdivision or short subdivision shall be granted so that individual lots gain access to public facilities. The widths of the private easements shall be a minimum of 10 feet unless the city determines a larger width is appropriate based on the site conditions.
C. Native growth and protection easements (NGPEs) shall be required for the protection of sensitive areas pursuant to LMC Title 17 and as deemed appropriate by the city where the preservation of native vegetation benefits the public health, safety and welfare, including control of surface water and erosion, maintenance or slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPEs shall impose upon all present and future owners and occupiers of land subject to the easement the obligation, enforceable on behalf of the public by the city of Lynnwood, to leave undisturbed all trees and other vegetation within the easement. The vegetation within the easement may not be cut, pruned, covered by fill, removed, damaged or enhanced without express written permission from the city of Lynnwood.
D. Easements for utility mains or lines shall be held to prohibit the placement of any building on or over the easement, but shall not preclude landscaping of an appropriate variety as determined by the city. Nor shall it prohibit the use of an easement for more than one utility or vehicle and pedestrian access provided the city finds the multi-use appropriate. Restoration shall be required of the site following any excavation or other disturbance permitted by the easement.
E. Easements required by this section shall be granted by the terms and conditions of such easements being shown on the final plat or short subdivision or by separate instrument.
Perpetual easements to utility providers for installation and maintenance of utilities shall be provided to serve each and every lot at locations deemed necessary by the utility providers. Such utilities may include but not be limited to sanitary sewer, storm sewer, water, gas, electric, telephone, and television lines and cables. Utility easements shall be as specified by the public works director. Additional easements for major distribution and transmission lines or unusual electric or communication facilities may be required. (Ord. 2463 § 9, 2003; Ord. 1314 § 9, 1983)