(1) The applicant by filing the application acknowledges the rights of the city and utilities as an easement holder and agrees to waive any and all damages that might be otherwise accrued if the city or utility shall need to remove the fence or wall in the exercise of their right under the easement.

(2) Fences may encroach minimally across a drainage or utility easement within the same property in a transverse direction at or approximately 90 degrees to the easement, providing measures are taken to make certain that the fence does not restrict the water flow or cause siltation buildup, etc., and the fence does not restrict or damage the utility infrastructure’s devices and equipment.

(3) Permitted fence material includes chain-link, wrought iron fencing, or picket style fencing that is at least 50 percent open.

(4) In no case shall a fence or wall be permitted to obstruct the natural flow and/or drainage of water, nor obstruct the access of the utility or installation of future utilities within the utility easement.

(5) Reasonable access to the easement without fence removal is required so a gate of a minimum of 10 feet in width shall be provided in at least one location for access. [Ord. 599, 2021.]