Chapter 12.26
DEDICATION OF PRIVATE ROADS
Sections:
12.26.010 Purpose.
To establish criteria and procedures where the city may accept dedication of private roads and to ensure such acceptance is not detrimental to the general public health, safety and welfare. (Ord. 1314 § 1 (Exh. A) (part), 2012)
12.26.020 Criteria.
For a private road to be considered for acceptance by the city as a public street and receive all the services provided by the city on a public street, the roadway shall meet all of the following criteria:
A. Pavement Surface. Asphalt concrete pavement with curbing or twenty-four-inch gravel edges. On noncurbed streets, asphalt driveway aprons shall extend a minimum of twenty-four inches past the edge of the aligned road edge.
B. Minimum Roadway Width. Twenty-two feet at the narrowest point. On nonthrough streets, a turnaround must be provided sufficient for emergency vehicle turnaround as specified in the Mukilteo development standards.
C. Pavement Condition. The pavement surface shall not show signs of failure such as alligatoring, longitudinal or transverse cracking, washboarding, severe sprawling, or road base failure.
D. Surface Drainage. Drainage shall be provided for road surface runoff either by an open ditch, gutter, or enclosed pipe system.
E. Right-of-Way. A minimum right-of-way of thirty feet shall be provided and a minimum of an additional five feet of public easement shall be provided along all sides of the right-of-way. The total width with easements and right-of-way shall be forty feet. Proposed right-of-way lines shall not create any nonconforming structures because the minimum required setback for the zoning district where the roadway is located is not conformed to.
F. Slope. The maximum slope of the road shall not exceed fifteen percent.
G. Life Safety. The roadway shall provide adequate width, slope, turnaround and hydrant access to ensure emergency services can be provided as verified by the fire marshal.
H. Underground Utilities. All water lines, sewer lines and other utilities shall be located in the proposed right-of-way or within an existing or proposed easement. (Ord. 1314 § 1 (Exh. A) (part), 2012)
12.26.030 Procedure.
A. An application prepared by the applicants, with signatures of one hundred percent of all vested property owners in the said private road, shall be submitted to the city engineer on a form provided by the city. The application shall include the name, property identification, and mailing address of each property owner and shall provide a single designated contact person for the city.
B. The application fee, as set by city council resolution, shall be submitted with the application.
C. The city engineer may require submittal of further documentation or information by the applicant before a determination is made.
D. The city engineer and fire marshal shall evaluate the private road to determine if the above criteria and minimum standards are met. Notification of the results shall be provided to the designated contact person.
E. If the private road does not meet the minimum standards, the petitioners may either correct the deficiencies and resubmit the application or have their application rejected.
F. If the private road meets the minimum standards, the city engineer shall take the application and a recommendation on the application to the city council for a public hearing and consideration of conditions and action.
G. At the public hearing, the city council may consider conditions on acceptance including but not limited to parking and/or fire lane restrictions, traffic control modifications, local improvement district agreement, and future usage of the street.
H. The applicant shall be notified of the outcome of the public hearing with inclusion of any conditions.
I. The council may approve the application, reject the application or approve the application with conditions. If the council approves the application, the applicant shall execute all necessary legal documents and comply with all conditions within ninety days, or such other time as established by the council. (Ord. 1314 § 1 (Exh. A) (part), 2012)