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11-19-2018 Planning Commission Packet
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11-19-2018 Planning Commission Packet
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CMP Part 4D. Public Services Plan <br /> 6. No private utility connection permits will be required from the City except <br /> that street opening permits will be required whenever a utility excavates within <br /> any public street right-of-way. <br /> CITY OWNED LAND, RIGHTS, AND EASEMENTS <br /> City Owned Easements <br /> The City has equitable interest in various types of easements across privately owned property <br /> throughout the City. The underlying property owner retains fee title to the property, but his use is <br /> limited in various ways according to terms of the particular easement. The City's rights are strictly <br /> limited to the purposes and conditions of the particular easement. These easements are described <br /> below according to their intended purpose: <br /> Underlying Road Easements.The Transportation Plan includes provisions for privately owned and <br /> maintained roads particularly in the rural area. In all cases where private roads are allowed, the <br /> City will as a condition of the subdivision require dedication and recording of a permanent <br /> underlying public ingress, egress and access easement. These easements will ensure legal access <br /> of the public to all properties served by the private road. Further, the City will by ordinance and <br /> easement conditions, guarantee that all private roads are maintained to City standards at all times <br /> through required maintenance agreements and/or homeowner's associations,and that failure of the <br /> private group to so maintain their private road will be cause for the City to accomplish needed <br /> maintenance and to assess the benefited properties for the direct cost of such maintenance. The <br /> existence of these easements will not in and of itself indicate any intention of the City to acquire <br /> and/or to regularly maintain the subject private roads, but only provides a legal contingency to <br /> assure general public-safety as well as public access to all building sites. <br /> Utility Easements. The City will as much as possible locate all public utilities on publicly owned <br /> rights-of-way. Particularly in the case of sewer lines, however, this is not always feasible in <br /> Orono's hilly terrain.The need for gravity flow often requires a sewer location to run across private <br /> properties, quite often between the homes and the lakeshore. <br /> In these instances, the City will acquire permanent utility easements to allow such placement and <br /> to permit regular maintenance activities to occur. The typical easement is at least 10 and does <br /> preclude any temporary or permanent construction over the sewer route. The existence of these <br /> underground utilities and the appurtenant easement seldom affects the appearance or use of the <br /> property, other than the construction limitation. <br /> In addition to the above, all new subdivisions are required to include platted, dedicated public <br /> "drainage and utility" easements along most lot lines to facilitate lot drainage and the installation <br /> of utilities such as sewer, water, power and telephone without the need for separate legal <br /> instruments. <br /> Drainage Easements. As in the case of utility easements, the City's topography often has resulted <br /> in natural drainageways running over privately owned property. Non-obstruction of the natural <br /> City of Orono Community Management Plan 2020-2040 Part 4D, Page 11 <br />
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