Chapter 12.27
DEDICATION OF PRIVATE STREETS
Sections:
12.27.040 New sidewalk improvements.
12.27.010 Intent.
The City will accept dedication of private streets that do not meet current City standards, under the criteria established in this chapter. The City Engineer shall make the determination and recommendation to the City Council for consideration on all petitions where 100 percent of all the vested owners of the private street have signed. (Ord. 236 § 1, 1999)
12.27.020 Criteria.
For a private street to be considered to be accepted into the City as a public street, and receive all the services provided by the city on a public street, all the following criteria must be met:
(1) Pavement Surface. Asphalt concrete pavement with curbing or 24-inch gravel edges. On noncurbed streets, asphalt driveway aprons must extend a minimum of 24 inches past the edge of the aligned road edge.
(2) Street Width. Twenty-two feet at the narrowest point. On nonthrough streets, a paved cul-de-sac or “hammer head” turnaround must be provided sufficient for emergency vehicle turnaround as determined by the fire district.
(3) Pavement Condition. The pavement surface must not show signs of failure such as alligatoring, longitudinal or transverse cracking, wash boarding, severe spawling, or road base failure.
(4) Surface Drainage. Drainage must be provided for road surface runoff either by an open ditch, gutter, or enclosed pipe system.
(5) Right-of-Way. A minimum right-of-way of 30 feet shall be provided and a minimum of an additional five feet of public easement must be provided along both sides of the right-of-way. The total width with easements and right-of-way shall be 40 feet.
A variance to this right-of-way criteria will be considered only if all other criteria as defined in this chapter can be met.
(6) Future Development. The potential for future development gaining access to the street cannot be more than a total of three additional single residential lots.
(7) Petition. One hundred percent of all vested property owners must sign a petition to the City requesting to dedicate their private road to the City.
(8) Life Safety. The Fire District and Police Department have reviewed and provided approval that emergency services on the road can be provided. This would include width, slope, and hydrant access.
(9) Construction Date. The private street shall have been constructed prior to May 1, 1999.
(10) Underground Utilities. All underground water lines, sewer lines and other utilities have been located in the proposed right-of-way. Such utilities shall either be relocated out of the right-of-way, or necessary permits shall be obtained for use of the public right-of-way. (Ord. 309 § 3, 2001; Ord. 236 § 2, 1999)
12.27.025 Variances process.
A right-of-way variance will be considered only after the applicant has made reasonable efforts to meet the right-of-way criteria as described in this chapter. The following defined procedures shall be followed when processing a request for a right-of-way variance:
(1) Determination of Reasonable Efforts. A reasonable effort will be considered when:
(a) One hundred percent of all the vested property owners have been contacted and support dedicating/granting right-of-way.
(b) Dedicating/granting of additional right-of-way is under the control of another interest outside of the vested property owners.
(c) The applicant provides documentation supporting the efforts for subsections (1)(a) and (b) of this section.
(2) Future Development. The potential for future development gaining access to the street cannot be more than a total of three additional single residential lots.
(3) Petition. One hundred percent of all vested property owners must sign a petition to the City requesting to dedicate their private road to the City.
(4) Life Safety. The Fire District and Police Department have reviewed and provided approval that emergency services on the road can be provided. This would include width, slope and hydrant access.
(5) Construction Date. The private street shall have been constructed prior to May 1, 1999.
(6) Underground Utilities. All underground water lines, sewer lines and other utilities have been located in the proposed right-of-way. Such utilities shall either be relocated out of the right-of-way, or necessary permits shall be obtained for use of the public right-of-way. (Ord. 309 § 4, 2001)
12.27.030 Process.
The following is the process for a private street to be considered for acceptance by the City as a public street:
(1) A petition prepared by petitioners, with signatures of 100 percent of all vested property owners in the said private road, must be submitted to the City Engineer. The petition must include the name, property identification, and mailing address of each property owner, and must provide a single designated contact person for the City.
(2) The City Engineer will evaluate the private road to determine if the minimum variance standards are met. Notification of the results will be provided to the petition’s designated contact person.
(3) If the private road does not meet the minimum standards, the petitioners may correct the deficiencies and resubmit the petition or have their petition rejected.
(4) If the private road meets the minimum standards, staff will take the petition to the City Council for a public hearing and consideration of conditions and action.
(5) At the public hearing, conditions may be included that could consist of parking restrictions, traffic control modifications, local improvement district agreement, and future usage of the street.
(6) The petitioners shall be notified of the outcome of the public hearing with inclusion of any conditions.
(7) The Council may approve the petition, reject the petition or approve the petition with conditions. If the council approves the petition, the petitioners shall execute all necessary legal documents and comply with all conditions within 90 days, or such other time as established by the Council.
(8) Upon execution and recording of all necessary legal documents and compliance with all conditions, the City Council shall accept the dedication of the private road as a public street. (Ord. 309 § 5, 2001; Ord. 236 § 3, 1999)
12.27.040 New sidewalk improvements.
This section defines the responsible body to bear all costs for construction of a new sidewalk adjacent to a private road that has been accepted under this chapter into the public street system.
(1) All Costs. All costs shall be defined as 100 percent of the costs associated with the study, design, permits, land, and construction to install a sidewalk and associated improvement in accordance with acceptable City standards and City administrative costs. Associated improvements can include curb and gutter, storm drainage, street lighting, and landscaping.
(2) Adjacent Property Owner’s Request for Sidewalk. In the event that the property owners adjacent to an accepted public road desires the construction of a new sidewalk, all costs as defined in subsection (1) of this section shall be borne by the requesting property owner.
(3) City Request for Sidewalk. In the event that the City requires the construction of a new sidewalk, all costs as defined subsection (1) of this section shall be borne by the City.
(4) Mutual Agreement for Sidewalk. In the event that both the City and adjacent property owner agree that it is mutually beneficial for a public sidewalk to be constructed, all costs as defined in subsection (1) of this section shall be shared at an agreed pro rata share. (Ord. 309 § 6, 2001)