8.32.10 Appendix B to Title 8.32. Driveways and Encroachments, Requirements and Specifications

(1) Existing Driveways [or Encroachments]: Access to town roads by means of driveways[ or encroachments] in existence at the time of the effective date of this ordinance may continue to the same extent and degree as before; any change in the driveway the degree of use shall first require a permit and compliance with the terms of this ordinance. (2) Notification of Potential Condemnation Right-of-Way Required: Except as otherwise provided in Subsection (2) (a) of this Appendix, no building or structure shall be erected, reconstructed, structurally altered or enlarged, and no encroachment permit shall be issued therefor on any lot or parcel of land which abuts a town road or other public street which does not conform to current Wasatch County width standards, unless the portion of such lot or parcel within the standard right-of-way width has been dedicated to the town or the developer or applicant has been notified and has acknowledged that such portion may be condemned for public use at some future time. (a) Exceptions to Right-of-Way Notification Dedication Requirement: (i) The maximum area to be dedicated shall not exceed 10 percent of any lot or parcel that was of record on the effective date of this ordinance in the Wasatch County recorder's office. In determining the amount of area for dedication for purposes of this exception, any highway area that previously has been dedicated to the public through public use shall not be included. (ii) Neither notice, acknowledgement or dedication is required for remodeling, additions and accessory buildings incidental to a single-family dwelling, used as a residence, existing on the lot as of the effective date of this ordinance, provided that no additional dwelling units are created. b) Dedication Procedure: (i) Any person, or other entity, dedicating land under the provisions of this ordinance shall execute an offer to dedicate and a warranty deed or other deed form acceptable to the town properly executed by all parties of interest. At the request of said person or entity, the offer to dedicate and deed shall be prepared by the applicant and as approved by the town attorney's office in such terms as to be binding on the owner, his heirs, assigns or successors in interest. The dedication shall be complete when the deed is recorded in the office of the county recorder after its acceptance by the town council. (ii) The applicant shall provide such survey information as the engineering coordinator requires, in order to establish property boundary lines. (iii) For the purpose of this section, dedication shall be considered as satisfactorily assured when the town attorney's office approves the offer to dedicate the deed as described herein. (iv) Encroachment Permit Issuance: When the provisions of this section have been completed or assured as provided herein, an encroachment permit may be issued. (c) Lots Affected by Dedication: On any lot (or lots) affected by a dedication, acknowledgement, or notification under the provisions of this section all required yards, setbacks, parking areas, loading spaces and building locations for new building or structures or additions to buildings or structures shall be measured and calculated from the new lot lines created by dedication or future right-of-way potential. However, in applying all other provisions of this Title 8, such lot (or lots) shall be considered, and measured as, an area (or areas) that existed immediately prior to dedication. (d) Appeal of Notice, Acknowledgement of Dedications Provisions: (i) Any person may appeal any determination in connection with the administration, enforcement and other provisions of this section as set forth below to the Town of Daniel Board of Adjustment. (ii) The Board of Adjustment may make modifications in the requirements of this chapter as necessary to prevent undue hardship or an unreasonable burden under the facts of each individual case. However, no such modification shall be granted less it is in conformity with the spirit and intent of this section. (3) Spacing: Access driveways or encroachments shall be spaced according to the following: (a) Minimum Distance: (i) Street Type: Local: Minimum Spacing: Thirty-five feet (35’) apart; from intersections: fifty feet (50’).. (ii) Street Type: Collector: Minimum Spacing: Fifty feet (50’) apart; from intersections: seventy-five feet (75’). (iii) Street Type: Arterials: Minimum Spacing: Seventy-five feet (75’) apart; from intersections: one hundred fifteen feet (115’). (b) Each property shall be entitled to at least one access driveway or encroachment. (c) Driveways or encroachments shall not create hazardous driving conditions. (d) Curves in the roadway and the crests of hills shall be avoided, where possible, driveway locations. Reasonable sight distances shall be maintained on either side of the encroachment. Section 8.32.11 Appendix C to Title 8.32: Allowable Encroachment into a Public Road Right-of-Way. (1) General: No structure, retaining wall, wall, utility box, mailbox or other obstacle shall be placed in the right-of-way of a town road without the necessary permit, therefore, structures will only be allowed within public rights-of-way where it can be shown that no reasonable alternative location exists and that the public safety will not be impaired by such placement. (2) Fences: Fences shall not be located within the road right-of-way.