(a) Definitions. “Private Road” means a privately owned or controlled and maintained drive, street, road or lane, that provides the primary means of vehicular ingress and egress to two (2) or more parking lots, unimproved parcels, or principal buildings, or three (3) or more dwelling houses, whether that drive, street, road or lane is created by a private right-of-way, easement, or other device. A private road shall also include the following:
(1) An access road where two (2) or more lots, or dwelling houses share a common access drive or device even if each lot has the required frontage on a public road;
(2) Any and all extensions, additions, or branches of, or to a private road shall be considered part of the private road that abuts the public road, except those extensions, additions, or branches that access less than three (3) dwelling houses, or less than two (2) lots, parcels, or principal buildings.
(b) Permit Required. No person shall construct a private road or alter an existing private road without first obtaining a permit for the construction or alteration from the Department of Public Service. The periodic cleaning and re-surfacing of the road shall not be considered an alteration and shall not require a permit as long as the specifications under which the road was approved are not compromised.
(c) Form of Permit. Before a person may receive a permit the person shall file with the Director of Public Service an application on the form provided by the Director. This application shall include any information the Director deems necessary and shall be accompanied by road plans showing the proposed construction or alteration. The proposed construction shall comply, at a minimum, with all Rules and Regulations enacted by the Director. At the time of the application, applicant shall pay a non-refundable fee in accordance with a fee schedule fixed from time to time by the Board of Control.
(d) Decision on Application. The Director shall approve or deny the permit within thirty (30) days of receiving a completed application. The Director may inform permittee that the construction plans do not conform to the City’s Rules and Regulations. The permittee may change the construction plans and resubmit them.
If a permit is denied, permittee may appeal to the Board of Zoning Appeals within thirty (30) days of the denial.
(e) Other Regulations. Any private road shall comply with all other applicable regulations, including the Zoning Code requirements for access and maintenance of off-street parking spaces.
(f) Rules and Regulations. The Director may enact Rules and Regulations concerning construction of private roads, including, but not limited to, standards and specifications for the private streets, and regulations for the construction process. The Rules and Regulations shall require that, at a minimum, the roads meet City specifications for similar roads. The Rules and Regulations shall take effect thirty (30) days after their publication in the City Record.
(g) Periodic Inspections; Fee. The Director may make periodic inspections of the road construction to ensure compliance with the construction plans as approved, and the applicable Rules and Regulations. At the completion of the construction, the Director shall make a final inspection of the road and issue a certificate of completion. The Permittee shall be required to make a deposit in an amount as determined by the Director of Public Service for periodic inspections of the road construction. Any amounts not used shall be refunded to the Permittee.
(h) No person shall construct or alter a private road without first obtaining the permit required in this section.
(i) No person shall construct or alter a private road except in accordance with the permit and approved plans.
The Director is authorized to charge fees at the time of any inspection according to an inspection fee schedule fixed from time to time by the Board of Control.
(Ord. No. 242-05. Passed 4-25-05, eff. 4-29-05)