(a) Interior streets shall be constructed according to City structural specifications, as delineated in the Subdivision Regulations, and properly lighted and maintained to conform with City ordinances. Their minimum paved roadway widths shall ordinarily be as delineated in the Subdivision Regulations and in the Thoroughfare Plan. However, approval of interior access streets with different nonstructural dimensions will be considered by the Planning Commission and Council where the developer can demonstrate substantial compliance with the Subdivision Regulations and Thoroughfare Plan and receive approval from the City Engineer. Approval of the PUD with such differences will constitute lawful approval of a waiver of the Subdivision Regulations and Thoroughfare Plan. Where streets are constructed pursuant to such a waiver, such streets shall be privately owned and maintained, and shall be constructed entirely within a public access easement unless otherwise approved by Planning Commission. All public access easements shall be designated on the general plan, the final development plan, and the record plan for each section of the development.
(b) On the record plan, the following covenants shall appear which establish the rights and responsibilities of the property owner and the City with regard to public access easements:
(1) To ensure the public health, safety and welfare of the citizens of the city, private drives constructed within designated public access easements shall be open and accessible to fire, police and other emergency and maintenance vehicles at all times. Streets, curbs, gutters, sidewalks, tree lawns and other improvements within these easements shall be continuously maintained by the owner in good repair and kept free from all obstructions that would impede the free movement of public traffic, including but not limited to ice, snow and parked vehicles. Where necessary, in accordance with a traffic control plan approved by the City Engineer, traffic control devices shall be provided, installed and maintained by the owner. To ensure compliance with traffic control devices in public access easements, the City shall have full power and authority to enforce such controls and to prosecute violators in accord with municipal and state law.
(2) No public access easement shall be blocked for any purpose without prior approval of the City.
(3) In the event that the owner of a public access easement fails to fulfill the obligations set forth in these covenants, conditions and restrictions, the City is hereby authorized, after providing reasonable notice and opportunity for hearing to the owner of the fee interest in the easement area, to take such corrective action as it deems necessary, to charge the fee owner for the entire cost thereof, and in the event of failure of prompt payment, to collect said costs as a special assessment against the property.
(Ord. 16-2003. Passed 5-1-03; Ord. 38-2021. Passed 10-7-21.)