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1/5/04
While Holly Springs residents may be spending the winter months planning spring landscaping projects, Town officials would like to remind residents about Town ordinances regarding utility rights of way and easements on their properties.
Easements and rights of way are necessary for supplying Town services such as sewer and storm-water drainage. State law requires municipalities to maintain easements to ensure they are accessible in emergencies, such as a sewer backup. Town of Holly Springs ordinances allow planting shrubbery and small plants – but not trees – over easements.
Although it is not the Town’s responsibility to replace or reinstall landscaping, if the Town of Holly Springs needs to work on underground utilities and has to dig up landscaping, employees will attempt to replant shrubbery after work is completed. However, the Town is not responsible for those plants’ survival. If the Town has to dig up grass, the Town will plant grass seed after work is completed.
Although fences are allowed to cross certain types of easements, the Town is not required to replace fencing if a section needs to be removed for access to the easement. With the exception of emergencies, the Town notifies residents at least 24 hours in advance of work on their property. If a property owner does not remove a fence, the Town will remove the necessary portions of it.
“If we have to go in and dig on a property, we do our best to try to replant the landscaping, and we replace any grass with seed. But, we aren’t responsible for whether a plant lives or if a shrub is arranged exactly the way it was originally,” said Luncie McNeil, head of Public Works. “That’s why we try to encourage property owners to think before planting on easements and rights of way.”
There are three common types of easements and rights of way in Holly Springs:
- Drainage, Storm Sewer or Backwater Easements These areas vary in width, are used to transfer storm-water runoff downstream, and consist of a channel covered in grass, concrete or rip rap; a wetland area; a natural creek; an underground pipe; or an undefined natural channel. During heavy rains, water will flow outside drainage channels and overflow into yards. For the exact location and dimensions of a drainage or storm sewer easement on your property, refer to your property survey or the recorded plat for your subdivision. Drainage and storm sewer easement maintenance is the responsibility of the property owner and is important. Residents should keep larger vegetation cleared from these channels so storm runoff is not blocked. Fences running perpendicular into these easements are discouraged because they block storm runoff. For more information or to report a problem, call the Public Works Department at 552-5920.
- Sanitary Sewer Easements These areas vary between 20 and 40 feet in width and contain one or more underground pipes and above-ground manholes. For the exact location and dimensions of sanitary sewer easements on your property, refer to your property survey. Sanitary sewer lines and manholes are maintained by the Town; the property contained within the easement will be minimally maintained for access. Property owners who desire a higher quality lawn or landscaping across sewer easement areas may handle maintenance of the area. Vegetation is restricted to low groundcovers that do not restrict access by the Town for inspection or maintenance. This vegetation is maintained by the property owner. In no event may fences or other structures be placed on sanitary sewer easements. For questions about a sanitary sewer easement, call the Department of Public Works at 552-5920 or the Department of Engineering at 557-3938.
- Rights of Way Rights of way are areas that contain and run along public streets where underground utilities, sidewalks and private utility facilities are located. Rights of way typically include street and sidewalk areas plus varying amounts of property on the outside of these two areas. Public streets and public underground utilities are maintained by the Town. Refer to your property surveys for locations and dimensions. For additional information, contact the Department of Engineering at 557-3938.
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