106-2-2.030 Shared Private Lane Option

Unless specified otherwise in this section a shared private lane is only allowed in locations where a street or street connection is not otherwise required or planned as provided in the applicable general plan, and where its placement will not violate the applicable StreetBlock requirement of Section 106-2-3. Construction of a shared private lane is a subdivision improvement requirement and shall comply with the relevant sections of Title 106, Chapter 4 of this Land Use Code. 1. Shared private lane design, configuration, and construction requirements. A shared private lane shall be: 1. Design. Designed and constructed to have a minimum right-of-way width of 24 feet, with a minimum improved surface width of 20 feet. A greater right-ofway width may be required by the City Engineer for a cross-slope easement. 2. Configuration. Configured and constructed so that any curve will safely facilitate the turning radius and weight of the Fire Authority’s largest fire apparatus. 3. Construction. Constructed of all-weather material, have a grade of no greater than ten percent, and a clearance no less than 14 and a half feet. In a development with an average density that is greater than one unit per acre, the lane shall be hard-surfaced. 4. Ownership requirements. Be on a Parcel that is held in common ownership by a homeowner’s association that governs the Lots that gain access therefrom, or be an easement recorded in favor of the owners of all Lots that gain access therefrom. 5. Terminal length. If terminal, the shared private lane shall be no longer than 1. 600 feet in the Ogden Valley Planning Area, and provide access to no more than 15 Dwelling Units. However, if longer than 200 feet in length it shall be designed with a fire apparatus turn-around approved by the local fire authority at the end. 2. Shared private lane temporarily in lieu of street. As long as development on other properties in the general area to which a street could extend is not imminent, a private lane may be installed in place of a required public or Private Street, and it may be longer than 600 feet in length, under the following circumstances: 1. No interruption of street connectivity. Doing so shall not disrupt the orderly build-out or inhibit the future street connectivity of the area. 2. Compliance with general plan. It shall not be contrary to the General Plan’s recommendations that are specifically applicable to the area. 3. Easement required. With the final plat, an easement shall be given over the shared private lane to Ogden Valley City for the purpose of reserving an area that can become a future Public Street right-of-way at a time the governing body determines that a Public Street is necessary, if ever. 1. The easement being dedicated to the city shall be the length of the Private Street and extend to adjacent developable land or another street regardless of whether the Private Street infrastructure does. 2. The easement shall be the same width required for a Public Street right-of-way, and be configured at a grade that will not create an unreasonable burden for future street-building and connectivity given typical grading and construction methods. 4. Operation, maintenance, and use. The operations and maintenance of the shared private lane shall be the sole responsibility of the owners of each Lot gaining access from it. 5. Building setback standards. The minimum front building setback shall be 33 feet greater than otherwise required, and shall be measured from the centerline of the shared private lane. 6. Plat note. On the final plat, the area of the city-owned easement shall be labeled and noted as required by Section 106-1-8.020. 7. Recording requirements. At the time of final plat recording, the applicant shall record a covenant to run with the land that provides for the following: 1. The owners of all Lots that gain access from the shared private lane are solely and equally responsible for operations and maintenance of the lane. 2. If applicable, that by purchasing a Lot that gains access from a Shared Private Street, the owner acknowledges that the lane easement is owned by the governing body for possible future Public Street purposes, but that the governing body assumes no responsibility or liability for the lane or for the uses thereof or thereon until and unless, if applicable, the governing body assumes responsibility for it. 3. The owner is responsible for disclosing the nature of the lane to prospective purchasers, renters, or lessees. 4. The landowner of record or authorized representative agree to pay a proportionate amount of the costs associated with improving or restoring the street to operational Public Street standards at the time the governing body assumes responsibility for it; and agrees to not protest the creation of a special assessment area or other similar revenue generating mechanism the governing body deems necessary to bring the shared private lane to operational Public Street standards. 8. Conversion trigger. Any private lane approved in place of a public street shall be constructed to allow future conversion to public street standards. Conversion to a public street shall be required upon the earliest occurrence of one of the following: 1. When seventy-five percent (75%) of the Lots served by the private lane receive building permits 2. When the private lane is extended to serve additional Lots 3. When the private lane connects to a future subdivision street 4. When required by the Fire Authority for emergency access 5. When average daily trips exceed thresholds established by the City Engineer 6. The City may require bonding, improvement agreements, or recorded notices to ensure conversion occurs when triggered.