Chapter 12.04
STREET CREATION
Sections:
12.04.010 Procedure--Standards.
12.04.010 Procedure--Standards.
A. The creation of streets shall be in conformance with the requirements of standard specifications for construction of public work except the city council may approve the creation of a street to be established by deed or plat without full compliance with the standard specifications, with any conditions added thereto that may be necessary to preserve the standards established, provided either one of the following three conditions exist:
1. The establishment of the street is initiated by the city council if within the city or by the county court if outside the city, and is declared essential for the purpose of general traffic circulation and the partitioning of land is an incidental effect rather than the primary objective of the street.
2. The tract in which the street is to be dedicated is an isolated ownership of one acre or less.
3. The portion of the street in question is less than four hundred feet in overall length, does not service over six lots, and the terrain is such that the extension of the street to serve other areas is not reasonably feasible.
B. In those cases where approval of a street is to be without full compliance with the regulations applicable to street improvements, a copy of the proposed deed or plat shall be submitted to the city manager/recorder at least five days prior to the city council meeting at which consideration is desired. The deed and information as may be submitted shall be reviewed by the city council and if not in conflict with the standards shall be approved with the conditions as are necessary to preserve the standards.
(Ord. 337 § 1, 1972: Ord. 210 § 1, 1965)
(Ord. No. 920, § 2, 11-2-2009)
12.04.020 Ways--Creation.
A. Any easement of way providing access to property which is created in order to allow the partitioning of land for the purpose of transfer of ownership or building development, whether immediate or future, shall be in the form of a street approved in accordance with Section 12.04.010, except that the creation of a private easement of way to be established by deed without full compliance with these regulations shall be approved by the planning commission, provided the easement is the only reasonable method by which the rear portion of an unusually deep lot large enough to warrant partitioning into two parcels may be provided with access. If the existing lot is large enough so that three or more parcels meeting the lot size minimums as provided by the city may be created, and two or more of the parcels would not have frontage on an existing street, an easement of way will not be acceptable and a street must be dedicated.
B. The procedure for approval of allowed private easements of way shall be as provided in Section 12.04.010(B) for streets, except the easement of way need only comply with the standards set forth in Section 12.04.010(B) and assure utility access to the resultant lot.
(Ord. 210 § 2, 1965)