Easements & Rights of Way

 

Easements & Rights of Way

As the Town performs inspections of sewer lines, obstructions such as trees and fences continue to be discovered on utility easements. An easement is the property that the Town uses to access utilities such as water, sewer, and electric lines to perform routine maintenance and repairs. These obstructions hinder State required inspections and prevent Town employees from making quick repairs. Large plantings within the rights-of-way also pose a threat to underground utilities and hinder repair activities. Rights-of-way are the portion of the roadside used for utility placement and roadside maintenance.

All easements and rights-of-way are indicated on property surveys. Homeowners are urged to check their property surveys before adding fences or plants to insure that the easements and rights-of-way are kept clear.

The Town of Apex maintains the stormwater drainage system on all Town property and within public drainage easements and right-of-way (ROW) along Town maintained roads. If you have a problem with drainage on your property, please contact the Public Works & Utilities Department for an assessment of the problem. If the problem lies outside of the ROW and/or 10 feet beyond the end of the pipe, it is most likely the property owner’s responsibility to remedy the problem.

If you live near a stream or creek or have storm drain systems near your home, make sure the streams, ditches and structures are not blocked. Blockages can back water up causing flooded streets and yards. Report blockages within the ROW to Public Works.

If you need any clarification of these issues, or if we may be of assistance, please do not hesitate to contact us at 249-3427. 

Right of Way Obstruction

Basketball goals, hockey nets and other play equipment erected in the public street right-of-way in front of a home are a hazard. While we appreciate the outdoor recreation this equipment provides for youth and adults alike, they present a very serious hazard to those who play and/or drive in the street.  Section 14-28 of the Town Code prohibits the playing of games in the public streets and is enforced by the Apex Police Department. Town Code section 18-11 prohibits placement of obstructions of any kind within the street right-of-way. For safety and liability reasons, the Town of Apex requests that all basketball goals and other play equipment be removed from the Town’s right-of-way. Play equipment which remains in the street may be removed by the Town of Apex without further notice. Thank you for your assistance in this matter. 

For more information, please contact Sgt. Wayne English or Officer Deborah Hansen of the Town of Apex Police Department at 362-8661.