(A) Connection with existing streets. Subdividers shall locate streets within the subdivision so that the streets connect with existing public streets. If the adjoining land is zoned for residential use or agricultural zoning which would allow the creation of a planned residential subdivision, such as RR-10, RR-5, RR-1, R1-20 and A-20, streets shall be located and stubbed so that the adjacent land may be most efficiently subdivided.
(B) Conform to standards. All streets shall conform to the standards as designated by the county’s master traffic and transportation plan and/or adopted county design and construction standards, pursuant to this chapter. For territory where the master traffic and transportation plan does not designate a street, streets shall be provided as required by the Planning Commission and County Commission, commensurate with the anticipated impact of the subdivision and in accordance with adopted county design and construction standards and facilities plans. All public streets shall be dedicated to the county for public use.
(C) Half street. Where a “half street” is approved as defined in § 155.008 of this code, such street shall include no less than sufficient right-of-way to construct half a “local street section,” and the subdivider shall install the same; however, at no time shall the improved street surface be less than 22 feet wide for the entire width of the subdivision.
(D) Improvements required. All lots or parcels created by the subdivision shall have access to the lot as required in this chapter. Pavement widths, curbs, gutters, sidewalks and park strips shall be installed on existing and proposed streets by the subdivider in all subdivisions where the adopted road cross-sections require these improvements.
(1) Deferral agreement. The County Commission may, after receiving a recommendation from the County Engineer and the Planning Commission, modify the street improvement requirements, if the following conditions are met:
(a) A deferral agreement to construct any remaining required street improvements at a later date, to be determined by the county is executed prior to the recordation of the plat;
(b) The deferred improvements are not necessary at this time to protect the public’s health, safety and welfare, and the required improvements would create a negative impact on abutting unimproved properties; and
(c) In lieu of a deferral agreement, the Planning Commission may grant an improvements exemption as provided for in this division (D).
(2) Improvements exemption.
(a) The Planning Commission may provide an improvements exemption for certain street improvement requirements. Residential subdivisions of ten lots or fewer may receive a special exemption from the requirement to improve infrastructure deficiencies along the frontage of existing infrastructure. This exemption shall only be available for those properties abutting existing public streets, as indicated in this division (D)(2), and as determined by county staff. Pavement width, curb, gutter, sidewalks and park strips may be treated as separate components. The requirement to provide for each shall depend on the existence of each component previously improved within 300 feet of the subdivision boundaries. In all cases where each component of new infrastructure is required, it shall be installed pursuant to adopted standards.
(b) Such an exemption may be granted upon finding that requiring the full street infrastructure improvements is not roughly proportional, in nature or extent, to the impact of the development on the community; is not beneficial to the county; or may be detrimental to the neighboring property abutting the development; and that the waived improvements are not necessary at this time to protect the public’s health, safety and welfare.
(c) Usage of this division (D)(2) for an exemption to the required infrastructure standards shall not be utilized to circumvent the need for infrastructure improvements by adding additional building lots to the subdivision at a later time. Any amendment to such a subdivision shall adequately address the requirements for improved infrastructure as provided elsewhere in this subchapter.
(d) The Planning Commission may, based on potential conflict, complexity or contention of the proposed subdivision, forward the application to the Planning Commission for review and the County Commission for decision.
(E) Angle of approach. Local streets shall approach an arterial or collector street at an angle of at least 85 degrees. Street grades at intersections shall be no greater than 4% for at least 50 feet.
(F) Street grades. Minimum street grades of l% are required. The maximum grade for streets and in all zones shall be 12%, for a distance not greater than 500 feet and shall also be designed and constructed in accordance with the adopted Fire Code and Wildland Urban Interface Code. Street grades less than 1% may be considered if it is determined by the County Engineer to be unnecessary based on sound engineering principles.
(G) Connecting curves. Where street lines within a block deflect from each other at any one point, there shall be connecting curves. The radius of the curve for the street centerline shall be not less than 350 feet for arterial streets, 250 feet for collector streets and 150 feet for local streets.
(H) Cul-de-sacs.
(1) In order to reduce vehicle trips and facilitate a more pedestrian friendly subdivision design, the use of cul-de-sacs within subdivisions shall be permitted only when through road connections are not feasible due to topography, adjacent or surrounding uses, parcel size or shape or other physical constraints to development. When cul-de-sacs are approved, pedestrian pathways shall be provided from the cul-de-sac to other streets, pathways or trails as deemed appropriate by the county through analysis of surrounding existing and planned facilities. When cul-de-sacs with pedestrian pathways are proposed or required, they shall be designed in compliance with county standards and specifications and shall be designed so that the length of the pathway is minimized and visibility into the pathway is maximized. As a minimum development standard for the pedestrian pathway, the developer shall construct a dedicated, paved surface eight feet in width, with curbing to facilitate proper drainage, as required by the county’s specifications. In addition, the developer shall install a six-foot-high open fence along both sides of the pathway in conjunction with the construction of the pathway. The required fence shall be of maintenance free materials. Required pathway improvements shall be included in the improvements guarantee for the subdivision.
(2) When approved, permanent cul-de-sacs must be terminated with a turnaround of not less than 96 feet of right-of-way in diameter as stated in the International Fire Code as adopted by the county, or an alternative turnaround design which meets the adopted Fire and Wildland Urban Interface Code and is approved by the Fire Code Official and County Engineer. Cul-de-sacs and permanent turnarounds shall not exceed 3% grade. Downhill cul-de-sacs shall not be approved unless adequate drainage and sanitary sewer service is provided.
(I) Dead end streets. Dead end streets and single access developments with a terminal street system shall not exceed 750 feet in length, unless approved by the land use authority on accommodation from the Fire Code Official and County Engineer to meet fire safety standards based on the International Fire Code as adopted by the county. On temporary dead end streets, a temporary turnaround area and recordable easement, which meets the requirements of the adopted Fire and Wildland Urban Interface Code and is approved by the County Engineer and Fire Code Official, shall be provided at the end thereof to remain and be available for public use as long as the dead end exists. Improvements shall be installed in temporary turnaround areas. New subdivisions shall not be allowed to increase the length of an existing dead end road, if the existing dead end road is in excess of 750 feet, unless approved by the land use authority on recommendation from the Fire Code Official and County Engineer to meet fire safety standards based on the International Fire Code as adopted by the county but shall be allowed to develop upon the existing dead end road, pursuant to zoning requirements, if the road meets county standards. Where the county ordinance and Fire Code contradict, the more restrictive regulation shall apply.
(J) Protection strips. Where subdivision streets parallel contiguous property of other owners, the subdivider may, with approval of the County Commission, retain a protection strip of not less than one foot in width between said street and adjacent property, provided that an agreement approved by the County Attorney has been made. Such agreement should be either with the owners of the property adjacent to the protection strip, or with the county for the benefit of the owners, contracting to deed to the owners of the adjacent property the protection strip for consideration to be named in the agreement. Such consideration is to be not more than the fair cost of the land held in the protection strip, the street and utility improvements properly chargeable to the adjacent property, plus the value of one-half the land in the street at the time of agreement. One copy of the agreement shall be submitted to the County Attorney and one to the county Zoning Administrator prior to approval of the final plat. Protection strips shall not be submitted at the end of any street.
(K) Gates. Gates are allowed to be constructed across private streets and driveways. Gates must provide lockboxes or other access mechanisms, which are approved by the County Sheriff and local Fire Code Official.
(L) Street names. No street names shall be used which will duplicate or be confused with the names of existing streets. Street names are subject to approval by the county.
(M) Private streets in standard single-family subdivisions. Private streets in standard single-family dwelling subdivisions shall only be approved in conformance with the following requirements.
(1) Private streets shall meet and adhere to all county standards for private streets, including construction standards and width and right-of-way standards. The minimum right-of-way for private streets is 36 feet, including 22 feet of paved surface, a four-foot shoulder on each side of the pavement, and drainage sufficient to provide for anticipated stormwater runoff (a minimum of three feet per side of the private street). Two feet of shoulder on each side of the private street is required to be paved for a total of 26 feet of pavement as illustrated on the adopted street design elevations. Additional right-of-way may be required if an approved drainage design cannot be accomplished within the 36-foot right-of-way. The road subgrade and pavement shall be sufficient to hold a 75,000-pound load.
(2) Private streets shall have the same requirements for dead end and single access roads, cul-de-sacs and maximum length.
(3) Private streets shall only be allowed in developments in which a homeowners’ association is legally established. A perpetual maintenance plan, including estimates of annual assessments and 30-year road maintenance costs, along with provisions for management of the association, shall be included within the CC&Rs for the subdivision. All CC&Rs and HOA corporate documents and bylaws shall be recorded prior to or concurrent with the final plat.
(4) The county may determine in the public interest that a proposed private street shall be dedicated with the subdivision as a public street for public use. In such cases, the private streets shall meet all standards regarding public streets, as specified in this subchapter.
(5) Private streets, private lanes, and access easements may terminate into a Hammerhead design to allow for emergency turnaround. A cul-de-sac may also be used if desired. Cul-de-sacs shall conform to the standards defined in division (H) above. Hammerhead design shall conform to the current adopted International Fire Code and figures defining the 60-foot “Y,” 120-foot Hammerhead, and the accepted alternative to the 120-foot Hammerhead variants.
(N) Private streets in other developments. Private streets in other flexible subdivision development, commercial and multi-family development types may only be allowed pursuant to the specific requirements found within the chapters or provisions allowing such.
(O) Establishment of new private street or lane. The establishment of a new private street, private lane or right-of-way shall be evaluated by the Zoning Administrator and County Engineer, and may, at the discretion of the County Commission, be required to be dedicated as a public street meeting county street standards to accomplish needed and logical street connections, to provide access to properties that may otherwise have no access or limited access to the detriment of the property, or other purposes determined to be appropriate.
(P) Private lanes.
(1) Requirements. Private lanes in standard single-family dwelling subdivisions (non-PRUD, MPDR or other planned development type) shall only be approved in conformance with the following requirements.
(a) Private lanes shall only be considered in standard single-family dwelling subdivisions that have a minimum of 20 acres of contiguous property within the subdivision boundaries and provide a minimum of five acre lots.
(b) Private lanes providing required frontage for and access to lots shall provide access to no more than four single-family lots or dwellings and shall not exceed 1,000 feet in length.
(c) Private lanes shall have a recorded minimum right-of-way of 26 feet, and an improved, all weather surface of at least 20 feet, designed and constructed with rolled and compacted road base capable of supporting a 75,000-pound fire apparatus vehicle, road base and subbase that meet the recommended geotechnical analysis of the load bearing capacity of the soils under the proposed roadway, and which is also designed pursuant to adopted construction standards, Fire Codes and wildland urban interface requirements. Private lanes greater than 150 feet in length must be terminated with a turnaround of not less than 110 feet of right-of-way in diameter, or an alternative turnaround design which meets the adopted Fire and Wildland Urban Interface Code and is approved by the Fire Code Official and County Engineer. Additional right-of-way may be required if an approved drainage design cannot be accomplished within the 26-foot right-of-way.
(d) Private lanes shall be clearly annotated on the subdivision plat as a private lane.
(2) Private lanes may be required to be public street. The establishment of a new private lane or right-of-way shall be evaluated by the Zoning Administrator and County Engineer, and may, at the discretion of the County Commission, be required to be dedicated as a public street meeting county street standards to accomplish needed and logical street connections, to provide access to properties that may otherwise have no access or limited access to the detriment of the property, or other purposes determined to be appropriate.
(3) Private lanes considered subdivision improvements. All private lane and right-of-way improvements are considered required subdivision improvements and shall be inspected for compliance with the approved plans and construction drawings prior to any applicant applying for a building permit.
(4) Underground utilities to be privately-owned and maintained. All 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.
(5) On lane parking. In order to maintain continuous access for emergency vehicles, on-street parking shall be prohibited on a private lane. Enforcement of on-street parking restrictions shall be the responsibility of the owners of the private right-of-way.
(6) Easement and maintenance. At no time shall any portion of a private lane right-of-way providing access to single-family dwelling unit(s) be on a parcel of property or traverse a parcel of property that is not a legal building lot. Each private lane right-of-way shall be established in the form of an easement acceptable to the County Attorney and recorded with the County Recorder. Such easement shall include all parties with interest in the parcel or parcels containing the private lane right-of-way as grantors and all parties retaining access from the private lane right-of-way as grantees. The easement shall extend and connect to the county’s public street infrastructure to provide clear access from all building lots to a public right-of-way. An applicant proposing a subdivision with access from a private lane right-of-way shall submit a document detailing the method for maintaining the private lane right-of-way, private utilities and any common areas. The document shall be in a form acceptable to the County Attorney and shall be recorded in the County Recorder’s office.
(7) Setbacks. Minimum setback requirements shall apply to all buildings fronting, siding or rearing on any private lane 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.
(Q) Access easements.
(1) Requirements. An access easement shall be allowed in MU-160, F-1 and A-20 Zoning Districts for one single-family residential unit. The following requirements shall be met:
(a) Lots or parcels that have property lines that are adjacent to and share a boundary line with a public or private road, the minimum lot or parcel width shall also be the minimum frontage along that road. Lots or parcels that are not adjacent to or share a boundary line with a public or private road shall provide evidence of easements for access to the property;
(b) Access easements shall be a minimum of 26 feet wide and shall be recorded against adjacent properties in favor of the lot or parcel and shall allow access for emergency personnel and apparatus;
(c) Access easements for residential uses shall have an improved, all weather surface of at least 20 feet, designed and constructed with rolled and compacted road base capable of supporting a 75,000-pound fire apparatus vehicle, road base and subbase that meet the recommended geotechnical analysis of the load bearing capacity of the soils under the proposed roadway, and which is also designed pursuant to adopted construction standards, Fire Codes and Wildland Urban Interface Code requirements. If access easements for emergency vehicles are not required standards may be reduced by the County Engineer; and
(d) A turnaround of not less than 110 feet of right-of-way in diameter, or an alternative turnaround design which meets the adopted Fire and Wildland Urban Interface Code and is approved by the Fire Code Official and County Engineer every 1,000 feet. Additional right-of-way may be required if an approved drainage design cannot be accomplished within the 26-foot right-of-way.
(2) Access easements considered subdivision improvements. All access easements and right-of-way improvements are considered required subdivision improvements and shall be inspected for compliance with the approved plans and construction drawings prior to any applicant applying for a building permit.
(3) Underground utilities ownership and maintenance. All utilities underneath a private right-of-way not in the public 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.
(4) Parking. Parking shall be prohibited on an access easement. Enforcement of on-street parking restrictions shall be the responsibility of the owners of the private right-of-way.
(5) Easement and maintenance. Each access easement right-of-way shall be established in the form of an easement acceptable to the County Attorney and recorded with the County Recorder. Such easement shall include all parties with interest in the parcel or parcels containing the access easement right-of-way as grantors and all parties retaining access from the access easement right-of-way as grantees. The easement shall extend and connect to the county’s public street infrastructure to provide clear access from all building lots or parcels to a public right-of-way. An applicant proposing a subdivision with access from an access easement right-of-way shall submit a document detailing the method for maintaining the access easement right-of-way, private utilities and any common areas. The document shall be in a form acceptable to the County Attorney and shall be recorded in the County Recorder’s office.
(R) Driveways.
(1) Driveways shall be provided for all residential building lots. The drive approach for the driveway shall be a minimum width of 12 feet and shall not exceed the maximum width of 40 feet. A secondary drive approach may be permitted upon review and approval by the County Engineer.
(2) Down sloping driveways toward the building envelope shall not be permitted, unless topographic constraints warrant their construction. Driveways must comply with the provisions of the adopted International Building Code regarding drainage adjacent to any structures.
(3) For driveways less than 50 feet in length, the maximum slope shall be 15%. For driveways 50 feet or greater, the maximum grade at which a driveway shall be allowed to be built is 12%. All driveways shall meet the provisions of the adopted Fire Code and Wildland Urban Interface Code for grade and turnaround requirements. Driveways longer than 100 feet, in areas of geologic instability or steep or loose slope areas, or as determined by the Fire Chief, Building Official, Zoning Administrator or County Engineer, shall be reviewed and accepted by the County Engineer prior to issuance of a building permit.
(4) A driveway serving no more than one dwelling or lot may be designed and constructed as an all-weather gravel road, with rolled and compacted road base capable of supporting a 75,000-pound fire apparatus vehicle, and road base and subbase that meet geotechnical recommendations. If at any time during building construction, the gravel driveway becomes impassable, as determined by the Building Official, Fire Code Official, Zoning Administrator or County Engineer, a stop work order shall be placed on the building permit until the road is rehabilitated and inspected to meet this standard. The developer is responsible to pay all inspection fees prior to the stop work order being lifted.
(5) Driveways serving two or more lots or building envelopes shall be paved to county construction standards for private lanes.
(6) A paved apron is required to be installed for all driveways accessing from paved streets and rights-of-way, prior to the issuance of a certificate of occupancy.
(7) Driveways may not be utilized to establish or calculate required lot frontage.
(S) Traffic and street name signs.
(1) Traffic and street name signs are to be constructed and installed by the developer according to county and state standards and shall be considered required subdivision improvements. No building permits shall be issued in a subdivision until all street signs are installed.
(2) All private street signs are the maintenance and replacement responsibility of the homeowners’ association, developer or individual property owner.
(T) Change of private right-of-way to public ownership. A note shall be placed on all subdivision plats that contain a private lane that states the following.
(1) The road(s) annotated on this plat as “private lane” were allowed alternative construction standards from adopted public or private streets standards. The county shall not take control of said lanes unless it is first deemed by the County Commission that there is a compelling public interest, the streets are brought to public standards and all landowners accessing the street have consented to the dedication.
(2) A private street may only be considered for a change to public ownership if all of the following findings are met:
(a) There is a compelling public interest;
(b) All the right-of-way owners sign a petition so requesting; and
(c) The right-of-way satisfies the county’s public street width, cross-section and construction standards.
(Prior Code, § 8-12-44) (Ord. 10-16, passed 12-14-2010; Ord. 11-16, passed 12-6-2011; Ord. 12-02, passed 5-1-2012; Ord. 12-06, passed 6-19-2012; Ord. 12-09, passed 9-18-2012; Ord. 15-06, passed 6-21-2015; Ord. 16-02, passed 3-15-2016; Ord. 17-29, passed 5-16-2017; Ord. 18-04, passed 5-15-2018; Ord. 18-10, passed 11-13-2018; Ord. 19-09, passed 10-15-2019; Ord. 21-06, passed 6-1-2021; Ord. 21-08, passed 7-6-2021; Ord. 23-08, passed 6-6-2023)