Chapter 17.44
PRIVATE ROADS AND EASEMENTS

Sections:

17.44.010    Applicability.

17.44.020    Rights of city.

17.44.030    Building permit issuance – Compliance required.

17.44.040    Width and surfaced area.

17.44.050    Turnabout area.

17.44.060    Maintenance.

17.44.070    Grading, surfacing and drainage.

17.44.080    Access by public street.

17.44.090    Naming and numbering.

17.44.010 Applicability.

The provisions of this chapter shall apply to existing private roads and easements and shall not be construed to represent allowance of new private roads or easements or to supersede any other title or section of this code. Approved lots having less than the minimum frontage of 100 feet on a public street shall comply with the provisions of this chapter to the same extent as a private road or easement. (Ord. 805 § 1, 1999; Ord. 552 § 8, 1986; Ord. 401 § 1, 1978; Ord. 324 § 2, 1973; Ord. 74 § 9, 1959)

17.44.020 Rights of city.

All private lanes and easements shall perpetually grant to the city the right of egress over and upon the same for the exercise of the police power of the city, including the conduct of all municipal responsibility, the protection of life, property and general welfare. (Ord. 805 § 1, 1999; Ord. 324 § 2, 1973; Ord. 74 § 9, 1959)

17.44.030 Building permit issuance – Compliance required.

No building permit shall be issued for construction with access on a private road or by means of an easement without strict compliance to the provisions of this chapter unless a variance is received from the board of adjustment or a signed written waiver under CHMC 17.44.040 is received from both the fire chief and the public works director. The plans for improvement of the private road or easement must be approved by city engineers. Utility service shall have the approval of the appropriate utility. (Ord. 805 § 1, 1999; Ord. 324 § 2, 1973; Ord. 74 § 9, 1959)

17.44.040 Width and surfaced area.

All private roads and easements shall have a minimum 20-foot width with a minimum surfaced area of 16 feet extending from the public road to the property line of the building or residence site. However, a lesser width may be permitted if no public health and safety hazard is created and a signed written waiver is obtained from both the fire chief and the public works director. (Ord. 805 § 1, 1999; Ord. 324 § 2, 1973; Ord. 74 § 9, 1959)

17.44.050 Turnabout area.

All private lanes and easements shall be provided with a turnabout area suitable for private cars and public safety vehicles, the plan of which must be approved by the public works director and the fire chief. (Ord. 805 § 1, 1999; Ord. 324 § 2, 1973; Ord. 74 § 9, 1959)

17.44.060 Maintenance.

All private roads and easements shall perpetually burden the servient tenements with the obligation of upkeep, maintenance and repair of the private road and easements in accordance with the minimum standards for such work on public streets so as to insure, in the future, the continuing exercise by the city’s police power. (Ord. 805 § 1, 1999; Ord. 324 § 2, 1973; Ord. 74 § 9, 1959)

17.44.070 Grading, surfacing and drainage.

All private roads and easements shall be graded, surfaced and drained to the public street standards in effect at the time of application for a building permit or plat approval. The public street standards shall also apply to the turnabout and adjacent parking areas. A construction and maintenance bond shall be required by the city to assure compliance with this chapter. (Ord. 805 § 1, 1999; Ord. 324 § 2, 1973; Ord. 74 § 9, 1959)

17.44.080 Access by public street.

At any time when vehicle access to the subject lot can be or is obtained by way of a public street, the portion of the private road or easement which serves the subject lot shall not thereafter be improved and no building permit shall issue for such purpose. (Ord. 805 § 1, 1999; Ord. 324 § 2, 1973; Ord. 74 § 9, 1959)

17.44.090 Naming and numbering.

All private roads and easements shall be named and the building sites thereon shall be numbered according to a plan approved by the public works director and registered with the city clerk. The name of the road or easement and/or numbers of the residences shall be conspicuously posted on the public street intersecting with the private road and/or easement. (Ord. 805 § 1, 1999; Ord. 324 § 2, 1973; Ord. 74 § 9, 1959)