A. Maximum Number Of Accessing Units: In any residential subdivision, a private right-of-way shall provide access for no more than twenty (20) single- family or two-family residential dwellings. Private rights-of-way for for townhome units and multiple-family dwelling developments, shall be approved consistent with chapter 32 of this title.
B. Width And Cross Section: The minimum right-of-way width and cross section design of a private right-of-way shall be:
1. Twenty four feet (24') wide for two (2) to five (5) single-family or two-family residential dwellings;
2. Thirty one feet (31') wide for six (6) to ten (10) single-family or two-family residential dwellings; and
3. Thirty seven feet (37') wide for eleven (11) to twenty (20) single- family or two-family residential dwellings.
C. Compliance With Standards And Specifications: Each private roadway structural pavement section shall be constructed in compliance with the Draper City development standards and technical specifications and a geotechnical analysis of the load bearing capacity of the soils under the proposed roadway. All private right of way improvements shall be inspected for compliance with the approved plans prior to any applicant applying for a building permit.
D. Underground Utilities To Be Privately Owned And Maintained: Water and stormwater utilities underneath a private right of way shall be deemed private utilities for ownership and maintenance purposes. Utilities under a private right of way which are provided by special service districts or private companies are subject to their rules and regulations.
E. Fire Hydrants And Turnaround: Each private right of way more than one hundred fifty feet (150') in length shall have fire hydrants and a turnaround or a hammerhead constructed to standards in the adopted fire code.
F. On Street Parking: On street parking shall be prohibited on a private right of way cross section less than twenty six feet (26') wide. Parallel parking may be allowed on one side of a private right of way if the cross section of asphalt is at least twenty six feet (26') wide. Parallel parking may be allowed on both sides of a private right of way if the cross section of asphalt is at least thirty two feet (32') wide. Enforcement of on street parking restrictions shall be the responsibility of the owners of the private right of way.
G. Ownership: Each private right of way shall be established in one of the following ways:
1. As an easement acceptable to the Draper City attorney and recorded with the county recorder.
2. As a separate piece of property owned in common by all property owners who access the road.
H. Maintenance: An applicant proposing a subdivision with access from a private right of way shall submit a document detailing the method for maintaining the private right of way, private utilities and any common areas, and estimating the annual expenses therefor. The document shall be in a form acceptable to the Draper City attorney and shall be recorded in the county recorder's office.
I. Setbacks: Minimum setback requirements shall apply to all buildings fronting, siding or rearing on any private right of way and shall be measured from the boundary of the private right of way nearest the building and its extension through the applicable lot. This requirement shall not apply to lots abutting but not accessing the private right of way.
J. Expansion Of Existing Subdivisions: Residential subdivisions approved prior to 2010 and which are accessed by a private right of way may add more residential units consistent with subsection B of this section. Deviations from adherence to the curb, gutter and sidewalk requirements in subsection B of this section in such existing subdivisions may be granted by the planning commission if:
1. The existing subdivision has six (6) or more units; and
2. The increase in the number of units does not exceed twenty five percent (25%) of the existing single-family homes within the subdivision.
K. Council's Discretion To Require A Public Street: The establishment of a private right of way shall be evaluated by the city engineer and may, at the discretion of the city council, be required to be dedicated as a public street constructed to city street standards to make logical street connections or to provide access to abutting properties that may otherwise have no access or limited access to the detriment of the property.
L. Change Of Private Right Of Way To Public Ownership: A private right of way may be considered for a change to public ownership if:
1. There is a compelling public interest;
2. The right of way owners sign a petition so requesting; and
3. The right of way satisfies the city's public street width, cross section, and construction standards. (Ord. 954, 12-7-2010; amd. Ord. 1132, 2-17-2015; Ord. 1454, 11-10-2020; Ord. 1497, 7-20-2021)