HomeMy WebLinkAboutCity Council Resolution 1995-758POLICY RELATPI G TO ACCEPTING PRIVATE STREETS
INTO CITY STREET SYSTEM
RESOLUTION NO. 95-758
The City Council desires to establish its position on considering the acceptance of existing private
streets into the City street system.
The City has several miles of privately owned streets for which the City provides no maintenance
services or reconstruction. Periodically, the private street owners (generally homeowners
associations) inquire about the possibilities of having the City take over the streets. This policy
defines the conditions under which the City Council will consider accepting private streets into the
City system. The City finds that only the private streets in the following subdivisions potentially
meet the criteria of this resolution and will be considered: Plymouth Creek, Cimarron Bast,
Cimarron Ponds, Chelsea Woods, Chelsea Condominiums, and Mission Ponds 1st and 2nd.
1. To be considered for acceptance by the City as a public street, the private street must meet
the following requirements:
a. Muht be able to have a defined right-of-way as a separate legal parcel.
b. Each adjacent dwelling unit must be on its own legal parcel or have a separate
property identification number (PIN).
C. The private street was approved as part of the City subdivision
approval process. Driveways will not be considered as private streets.
d. The minimum right-of-way is 40 feet, with structure setback a minimum
of 7.0 feet from the edge of roadway.
e. Serve a public purpose.
2. A petition (provided by the City and in the City's format) must be signed by 70% of the
homeowners along private streets, or by the majority percentage specified in homeowner's
(HOA) association documents to give public ownership or easement, whichever is greater,
requesting that the City accept the private street into the City street system and assume
responsibility for street maintenance. The petition must include all private streets which are
the responsibility of an HOA.
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3. Upon receipt of the petition, the City will perform an engineering study on the private
streets, identifying reconstruction, maintenance, and safety issues. A private street will be
accepted into the City system only if the engineering study indicates that the street will
require reconstruction work within the next two years. Streets accepted into the City system
will, through the normal street reconstruction program, meet City design standards of
concrete curb and gutter. Street widti: will be based on neighborhood considerations and
City street width standards in effect at the time of reconstruction.
4. If indicated by the engineering report, the City will preliminarily accept the street. At the
time of this determination, the estimated assessment for street improvements will be
calculated for each property, and neighborhood meetings will be held to explain the proposal
to residents.
5. At the time of initial acceptance of the private street into the City system, the assessment for
reconstruction shall be calculated on the following basis:
a. Homeowner pays 70% of the total cost of the project; except the homeowner must
pay 100% of est to add a ccncrete curb and gutter if nonexisting.
b. City pays 30% of the total cost of the project.
If at a later time reconstruction is again necessary, the general City policy for reconstructions
shall apply.
i 6. The HOA must, by the vote as specified in the HOA documents, grant an casement or fee
title for the right-of-way without cost to the City, free and clear of any encumbrances.
7. When accepting a private street as a public street, no special consideration for maintenance,
e.g, snow removal, will be given priority over other public street maintenance policies and
procedures.
8. The City's final action to accept a private street as a public street shall be a combined action
including:
a. Adopting the assessments for reconstruction.
b. Accepting the public easements.
C. Accepting the street.
9. The final action will occur after all required public hearings with notification to property
owners.
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