HomeMy WebLinkAbout2.b. Drainage and Utility Easement Policy
EXECUTIVE SUMMARY
City Council Work Session: July 2, 2019
AGENDA ITEM: Drainage and Utility Easement Policy AGENDA SECTION:
Discussion
PREPARED BY: Brian Erickson, PE, Director of Public
Works / City Engineer
Stephanie Smith, PE, Assistant City
Engineer
AGENDA NO. 2.b.
ATTACHMENTS: Draft Private Obstructions Within City
Easements Policy APPROVED BY: LJM
RECOMMENDED ACTIONS: Discussion
BACKGROUND
At a recent City Council meeting, a number of residents spoke during a Public Hearing regarding their
concerns about what can and cannot be done with city easements. Since that time Public Works has
prepared a policy regarding how easement complaints will be handled. A ‘Frequently Asked Questions’
(FAQ) document is being drafted and will be available for Council review at the Work Session.
The purpose of this policy is to provide guidelines, standards and directives to the City's Public Works
Department to determine when obstructions to the City's stormwater and drainage and utility easements
should be removed. The City has a significant investment in its stormwater and drainage and utility
easements. The ponds and drainage areas must also be protected and maintained in order to preserve the
City's investment and in order to comply with Municipal Separate Storm Sewer System (MS4) Permit
requirements and with National Pollutant Discharge Elimination System (NPDES) requirements.
The FAQ is intended to provide property owners with easily referenced guidelines for things that are
generally not allowed within the various easements granted to the city. The intent of the FAQ is not to
address every possible situation and discussion with city staff is highly recommended in all cases.
RECOMMENDATION
Discussion of the draft policy.
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CITY OF ROSEMOUNT
POLICY TITLE: PRIVATE OBSTRUCTIONS WITHIN CITY EASEMENTS
EFFECTIVE DATE: JULY XX, 2019
POLICY NUMBER: P – 10
PROPOSED BY: PUBLIC WORKS
DATE APPROVED
BY COUNCIL: JULY XX, 2019
BACKGROUND
An easement is an area of restricted use over land owned by another; it entitles the grantee to the
use and enjoyment of the land in a manner and to the extent of the stated purposes of the
easement. The holder of the easement has a right to use and maintain the easement area to the full
and beneficial extent that the easement purposes allow.
The underlying fee owner has a right to use the land on which the easement exists in a manner
that does not interfere, restrict or otherwise jeopardize the easement rights. The grant of an
easement over land does not preclude the grantor from using the land in a manner not
unreasonably interfering with the special use for which the easement was acquired.
The use of land by the easement holder and the fee owner both have to be reasonable with the
recognition that the easement holder has a special and superior right with which the underlying
landowner cannot interfere.
The City owns a considerable number of stormwater pond easements and utility and drainage
easements. These easement rights have arisen in one of the following three ways:
a.) by dedication on a plat;
b.) by specific grant of a recorded easement; or
c.) by prescriptive easement.
PURPOSE
The purpose of this policy is to provide guidelines, standards and directives to the City's Public
Works Department to determine when obstructions to the City's stormwater and drainage and
utility easements should be removed. The City has a significant investment in its stormwater and
drainage and utility easements. This infrastructure was designed according to generally-accepted
engineering standards. The ponds and drainage areas must be maintained according to the design
parameters for stormwater quality treatment and flood control. The ponds and drainage areas
must also be protected and maintained in order to preserve the City's investment and in order to
comply with Municipal Separate Storm Sewer System (MS4) Permit requirements and with
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National Pollutant Discharge Elimination System (NPDES) requirements. It is the City's intent to
develop, implement and follow a policy aimed at keeping ponds and drainage areas in a condition
that allows them to function in a manner for which they were designed or constructed.
Creation of a policy is a planning-level balancing process that takes into account the factors of
economics, social effects, political concerns and the need to maintain the easements.
The decision to remove an obstruction should be a result of a policy. The Public Works
Department has asked the Council to set forth guidelines to assist in making this policy decision.
PERTINENT CODE AND STATUTE
MN Statute 505.01 Subd. 3 Definitions
(b) “Drainage easement” means an easement for the purpose of controlling, preserving, and
providing for the flow or storage of water.
(j) “Utility easement” means an easement conveyed, granted, or dedicated to the public for utility
purposes.
Rosemount City Code
10-1-9 H. Retaining Walls: Retaining walls shall not be allowed in any city drainage, ponding or
utility easement.
11-5-2 C.1. Permitted Yard Encroachments
e. Fences And Walls: (1) Easements: All fences located in recorded easements are the sole
risk of the property owner; and the cost of any removal, relocation, or placement of said
structures caused by any activity permitted in said easements is the sole responsibility of the
property owner.
f. Picnic Shelters, Gazebos, Recreation Equipment, Etc “…No recreational play equipment
may be stored, or installed in the right of way, any easement, public or private street, cul-de-
sac, alley, path or sidewalk.”
RECOMMENDED CODE ADDITIONS
11-5-2 C.1. Permitted Yard Encroachments
g. Landscaping: All landscaping located in recorded easements is the sole risk of the property
owner; and the cost of any removal or relocation caused by any activity permitted in said
easements is the sole responsibility of the property owner.
OBSTRUCTIONS
Obstructions in the ponds and drainage areas take many forms. The placement of fences, barriers
and structures that interfere with drainage flow are perhaps the most recognizable obstructions.
Improper grading by a landowner can also be an obstruction. Trees and vegetation near outlets
and inlets can interfere with the design parameters of the drainage system. Improper placement of
trees and vegetation can hinder access and affect the structural integrity of embankments.
Sediment can reduce the efficiency of the ponds for water quality treatment. Sediment also
reduces the storage capacity of the ponds. The accumulation of excessive vegetation in the
vicinity of inlets and outlets can, under certain circumstances, obstruct the free flow of water.
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REMOVAL OF OBSTRUCTIONS
Policy Regarding Removal of Obstructions. An obstruction is any circumstance, condition, tree,
vegetative material, landscaping material, fill, stockpile, yard ornament, boulder, structure, barrier,
fence, retaining wall, or other object that does any of the following:
a.) interferes with or presents a substantial risk of interference with the intended purpose
of the easement;
b.) hinders or presents a substantial risk of hindering the efficient or effective function
of the easement;
c.) creates an inconsistency with the design parameters of the easement or presents a
substantial risk of creating an inconsistency with the design parameters of the
easement;
d.) reduces or presents a substantial risk of reducing the capacity of the stormwater pond
or drainage area;
e.) hinders or presents a substantial risk of hindering the flow of stormwater to and from
ponds in a controlled manner; or
f.) hinders or presents a substantial risk of hindering accessibility to ponds and drainage
areas.
Obstructions interfere with proper maintenance. The policy of the City is to provide adequate
maintenance. If the Public Works Department determines that an obstruction exists within the
easement area and that removal of the obstruction is reasonable and necessary to use, operate,
access or maintain the easement area for stormwater ponds or drainage and utility purposes, then
the Public Works Department is authorized and directed to remove the obstruction in the
following manner:
a.) Record of Why Obstruction Must Be Removed. The Department shall keep a
written record to document why the obstruction is being removed. Where
practicable, the Department shall also attempt to photograph the condition of
the obstruction prior to removal.
b.) Notice to Landowner.* Prior to the Department removing the obstruction, the
Department shall send notice to the landowner that the obstruction needs to be
removed and the Department shall allow the landowner 30 days from the notice
to remove the obstruction. The notice shall describe the obstruction and state
the reason why the obstruction must be removed. In an instance where an
emergency exists, the Department is not required to send notice to the
landowner and is not required to give the landowner an opportunity to remove
the obstruction. An emergency shall be an instance where there is imminent
danger or threat of damage to a person or property if the obstruction is not
immediately removed as determined by the reasonable judgment of the Director
of Public Works or the Director's designees.
c.) Removal of Obstruction. If the landowner has not removed the obstruction, the
Department may proceed to do so. The City is not required to salvage or
preserve the obstruction if the landowner has not removed the obstruction.
d.) No Replacement of Obstruction. The City has no obligation to replace or
compensate for the obstruction.
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e.) Restoration. If removal of the obstruction has disturbed the lawn area of the
landowner's property, the Department shall restore the disturbed area by seeding
the area. The landowner is expected to water the seeded area as necessary. The
City is under no obligation to restore landscaping or gardens.
* Notice to the landowner means a written notice sent by regular mail to the address of the
landowner as shown on the tax records for the property.
SPECIFIC CIRCUMSTANCES
The following specific guidelines apply to the situations described below:
a.) Dead Trees. If there are dead trees within, near or around the stormwater pond and
if the Department has determined that the trees in this particular location do not
constitute obstructions, the Department may leave the trees in their location
without cutting them down.
b.) Live Trees or Shrubs. Live trees or shrubs in the easement area that hinder or
interfere with access to ponds or adversely affect the function of ponds shall be
removed and not replaced.
c.) Removal of Sediment. If sediment is removed from a stormwater pond, the sediment
shall be hauled-off from the site and shall not be replaced in the easement area
unless the sediment is used to restore the areas where erosion has occurred
which resulted in the sediment.
BUDGETARY AND OTHER RESOURCE LIMITATIONS
The significant number of obstructions within the stormwater ponds and drainage and utility
easements can pose challenges in terms of scheduling removal, allocating personnel resources and
having sufficient funds to accomplish the removal. Other factors such as geography, hydrology,
access, political considerations, the wishes of City residents, and the skills and available time of
existing employees also must be considered when scheduling removal and allocating personnel
resources and budgetary amounts.
The City recognizes that the activities authorized under this policy will be ongoing from year to
year and will be subject to the annual budget appropriations generally determined by the Council
and subject to priorities as established by the City's Director of Public Works.
The City has numerous stormwater retention and drainage facilities as shown on the City
Easement Map, as amended from time to time. Future development and redevelopment often
require adding new or modified existing drainage structures. The City, and in particular its Public
Works Department, has a limited number of qualified employees to inspect, maintain, remove
obstructions, and repair stormwater ponds and drainage structures. This means that the City, by
and through its Public Works Director, must prioritize stormwater pond and drainage easement
inspection, maintenance and repair activities. The Director of Public Works, taking into
consideration budgetary and other resources limitations identified by the Director, will establish
and amend from time to time, a schedule or plan for inspection and maintenance of stormwater
ponds and other drainage facilities. The inspection and maintenance schedule or plan, as
established by the Director, may be modified as circumstances and availability of resources
require. The City may also rely primarily on landowner complaints or reports to obtain
information about and to respond to the reported conditions. Inspections may include formal
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scheduled inspections required to obtain or retain applicable permits, "drive by" visual
inspections, and other informal unscheduled inspections or maintenance performed while City
employees are performing other job duties.
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