Easements.

A. Easements for enclosed conduits and appurtenances. An easement not less than 20 feet in width, sufficient to contain the enclosed conduit and appurtenances thereof and to provide working space for personnel and equipment for the servicing thereof, shall be indicated on the map of the development and designated as follows: "Drainage Easement to Town of Webster." Drainage easements for enclosed conduits shall, insofar as possible, be placed along or adjacent to lot boundary lines in a parallel and straight alignment.B. Easement for natural watercourses.(1) Natural major watercourses which traverse a development shall be preserved by an easement of sufficient width, including overbanks, which will adequately pass the project design flows.

The gross allowable depth of flow shall not create a flood hazard to existing or proposed developments and improvements. The channel and overbank widths, together with a minimum twenty-foot continuous maintenanceway on each side, shall constitute the floodway encroachment limits. Wherever such natural watercourses are endowed with significant natural beauty and have adequate capacity or have been determined to have value for fish and wildlife, the developer may dedicate widths in addition to those required above on the map of the development with the following designation: "Easement to Town of Webster."(2) In natural minor and secondary watercourses, which contain insufficient waterway area to convey the flow from the ultimate development but which may prove deficient only at infrequent intervals and locations, and where minor improvement could provide an adequate channel and still preserve in the main the natural channel beauty or fish and wildlife values, the developer may make such minor channel improvements as are required to provide a channel which would otherwise meet the conditions of these regulations.

However, the developer shall dedicate the full width required to contain the ultimate channel together with a minimum fifteen-foot-wide continuous maintenanceway on one side of the ultimate channel. When the water surface exceeds 20 feet in width, the continuous maintenanceway shall be 20 feet wide at each side. The outside of the continuous maintenanceway shall constitute encroachment limits. Additional width of scenic areas and areas of natural wetlands which, for economic reasons or limited suitability, would not warrant improving for urban development may be dedicated by the developer in addition to those above.

Areas offered for dedication to the Town as drainage easements, if considered of special interest to the Town by the Planning Board, may be considered by the Planning Board as dedication for municipal purposes as pursuant to § 278 of the Town Law and its authority thereunder.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]C. Easement for constructed channels and appurtenances. Earth channels constructed within the development shall have sufficient easements dedicated to contain the top width of the channel plus a minimum fifteen-foot continuous maintenanceway on one side thereof for channels less than 20 feet in width at the water surface.

A twenty-foot continuous maintenanceway shall be provided on both sides of channels with a water surface width 20 feet or greater. The ultimate channel shall meet the flow requirements for the development of the tributary drainage area. The allowable depth of flow to pass the project design flow shall not create a flood hazard to existing and proposed developments and improvements. A minimum of one foot freeboard above the design hydraulic gradient shall be provided to contain the effects of flow transmission factors. The outside of the continuous maintenanceway shall constitute encroachment limits.

The easement for constructed channels shall be indicated on the map of the development and designated as follows: Easement to Town of Webster.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]