Chapter 12.20
PRIVATE STREETS IN FAIRWEATHER BASIN PLAT
Sections:
12.20.020 Development restrictions.
12.20.030 Owner responsibility.
12.20.040 Violation – Penalty.
12.20.010 Policy declaration.
It is hereby declared to be the public policy of the town that private rights-of-way shall be permitted when necessary in fact to provide property with some access to public streets, but shall be prohibited otherwise, when their establishment is inimical to public safety, health, morals or the general welfare of the town. The council finds that certain property owners propose to create and develop one or more streets or ways in and through the town to establish convenient shortcuts across private property, although these properties are not now deprived of access to some public street. [Ord. 50 § 1, 1964]
12.20.020 Development restrictions.
In furtherance of the foregoing policy no private roadway, highway, alley or vehicular way shall be created or developed in or across any of the lots of Fairweather Basin Plat for the following reasons:
(1) All such lots have adequate access to public streets;
(2) The town is in the process of constructing a childrens’ pedestrian walking path in the Fairweather Basin area; a private roadway would increase the safety hazards to users of the pedestrian path;
(3) Streets to the west of the basin are unsuitable and inadequate to carry traffic having its origin or destination in other neighborhoods which they were not designed or constructed to carry;
(4) The town would be without jurisdiction to police such a roadway and no other means of assuring safety and proper conduct in the use of the roadway is available;
(5) The roadways of the town are established in furtherance of the town’s comprehensive plan for the general welfare of its citizens. Considerations of safety, public morals and facility of policing have been weighed in determining where streets, entrances to streets and intersections would be located; likewise the traffic circulation in Fairweather Basin Plat was the subject of thorough study and policy decision when the plat was approved. Any possibility of east-west circulation was rejected at that time. [Ord. 50 § 2, 1964]
12.20.030 Owner responsibility.
No owner or tenant of any lot in Fairweather Basin Plat shall permit such lot to be wholly or partly devoted to use for a roadway, street, alley, way or mutual easement to provide vehicular ingress, egress or other vehicular access to any other lot, lots or any other property in or westerly of that plat for any purpose whatsoever. [Ord. 50 § 3, 1964]
12.20.040 Violation – Penalty.
(1) Violation of this chapter:
(a) Is hereby declared to be a nuisance, as against the peace, health, safety, morals and general welfare of the town and its inhabitants; and
(b) Shall be punishable by a fine of not more than $300.00 or by imprisonment for not more than 10 days or both.
(2) Every day that such an owner or tenant maintains or permits any road, street, easement, alley or way to be used by any vehicle shall be a separate violation of this chapter. [Ord. 50 §§ 4, 5, 1964]