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 Manatee County
 Land Development Code
 Chapter 8. ENGINEERING DESIGN AND UTILITIES

  § 805. Easements.  

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  • 805.1.   Utility Easements.

    All new development shall provide a utility easement, at least five (5) feet in width, along all front, rear and side lot lines, and ten (10) feet along either the front or rear lot lines, for the express purpose of accommodating surface and underground drainage and overhead and underground utilities. The ten-foot rear lot line easement may be reduced to five (5) feet if the contiguous adjoining lot has a minimum of five-foot existing public utility easement. All such easements shall be reserved for public use except where otherwise determined by this Code. The exact location and width of said easements relative to the lot lines may vary in certain pre-approved conditions so long as the intent and purpose of these regulations are satisfied. Grading of all utility easements shall be in accordance with the Manatee County Public Works Standards. If all utilities are to be installed underground, then it shall be stated as such on the site plan or subdivision plat.

    All platted utility easements shall provide that such easements shall also be easements for the construction, installation, maintenance, and operation of cable television services; provided, however, no such construction installation, maintenance, and operation of cable television services shall interfere with the facilities and services of an electric, telephone, gas, or other public utility. In the event a cable television company damages the facilities of a public utility, it shall be solely responsible for the damages. This section shall not apply to those private easements granted to or obtained by a particular electric, telephone, gas, or other public utility. Such construction, installation, maintenance, and operation shall comply with the National Electrical Safety Code as adopted by the Florida Public Service Commission.

    A.

    Utility Easements. Easements for utilities across lots shall be provided where necessary and shall be at least ten (10) feet wide for electricity, telephone, drainage, sewerage, and water. Dimensions shall be provided on preliminary and final plats to adequately locate every easement. Utility and drainage easements, with the exception of easements for drainage outfalls, shall not be located within conservation easements for wetland buffers. (Section 706.5)

    B.

    Drainage Easements. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream there shall be provided public stormwater easements or drainage rights-of-way of adequate width to conform substantially to the lines of such watercourse, drainage way, channel, or stream and to provide for the possibility of flood, protection of banks, future maintenance or construction or other necessary purpose. Further, provided that the boundaries of any such easements or rights-of-way shall not be greater than twenty-five (25) feet nor closer than ten (10) feet horizontally from the shoreline, or greater than twenty-five (25) feet nor closer than ten (10) feet, measured horizontally from the top of the bank on each side; whichever is greater. Existing and proposed grades to all easements shall be shown on the construction plans.

    C.

    Slope Easements. Slope easements shall be provided where necessary to ensure lateral support, protection of streets, adjoining property and other construction features.

    805.2.   Conservation Easements.

    Subdivisions that contain wetlands and/or wetland buffers shall provide a Conservation Easement in accordance with Section 706.8 of this Code and the Manatee County Public Works Standards.

    A.

    Conservation Easements inclusive of the areas defined as wetlands and wetland buffers shall be depicted on the plan/plat. The Conservation Easement shall be delineated with a single line representing the most landward extent of the Conservation Easement. Where practicable, the Conservation Easement shall be given a separate tract designation, exclusive of other required easements. Legal descriptions of the Conservation Easement shall be included.

    B.

    A separate Conservation Easement document shall be required for each required Conservation Easement. The Conservation Easement document shall be reviewed and approved by the Environmental Management Department and the County Attorney's Office, and shall be submitted to the Land Acquisition Division for execution.

    C.

    Witness monuments shall be set at the intersection of any Conservation Easement and lot lines or property boundaries.

    D.

    The boundaries of all Conservation Easements, required by this Code, shall be physically identified with signage as approved by the Department Director, as required pursuant to Section 719.11.1.3.3 of this Code.