Fairfax Municipal Code Ch. 12.16 Private Roads

(A) The purpose of this chapter is to prescribe rules and regulations governing the filing and approval of private road maps, and to provide for approval of private road and street easements as private roads to and within certain lots.

(B) When private streets have been laid out and designated as such in a recorded subdivision map, the provisions of this chapter shall not apply thereto.

(Prior Code, § 12.16.010)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PRIVATE ROAD or PRIVATE STREET EASEMENT. A parcel of land not dedicated as a public street, over which a private easement for road purposes is proposed to be, or has been, granted to the owners of the property contiguous, adjacent or terminal thereto, which intersects or connects with a public street or an approved private road. The instrument creating such easement shall be, or shall have been, duly recorded in the office of the County Recorder.

(Prior Code, § 12.16.020)

(A) No person shall establish a private street easement or construct a private road to any landlocked lot or other inaccessible parcel of land or portion thereof as described in this chapter unless a private street or road map has been filed and approved by the Planning Commission, and duly recorded.

(B) Every person who applies for approval of a private road or private street easement shall file with the Planning Commission at least ten copies of a plat of survey or map of the proposed private street. The plat of survey or map shall be prepared, with respect to all engineering data required herein, by or under the direction of a licensed land surveyor or a registered civil engineer, with the following information:

(1) Survey and legal description of proposed private road or easement;

(2) Names and addresses of record owners and of person or persons proposing the private road or easement;

(3) The location, names, existing widths and existing grades of all adjoining and contiguous streets and easements, public and private;

(4) Radii of all curves; and the width and grades of the proposed private road or street easement;

(5) The location, width and direction of flow of all watercourses; and the location and dimensions of all drainage easements and utilities;

(6) The location of all trees that will affect the proposed private road or street easement, or be affected by same;

(7) Date, north point and scale;

(8) Drawings showing grading, erosion control and landscaping plans, if any; and

(9) Name and address of engineer or surveyor.

(C) The Planning Commission shall not act on any private road or street map until it receives a report from the Director of Public Works. His or her report shall be submitted to the Planning Commission within ten days of the receipt of the road application.

(Prior Code, § 12.16.030)

(A) All private roads or street easements shall be designed to provide a minimum usable width of 20 feet.

(B) The grade of any road or street of more than local traffic needs shall not exceed 10%. No local street grade shall exceed 20%.

(C) Private roads or streets shall not impose undue hardship upon property adjoining or upon the general welfare of the town.

(D) Private road or street intersections shall be as nearly at right angles as practicable.

(E) Adequate provisions for turning shall be made at the end of each private road or street.

(F) All private roads and streets shall have adequate drainage facilities installed in conformity with the pertinent provisions of the Subdivision Ordinance, and may require a performance bond. The Planning Commission may require that street improvements include surface improvements, street lights, fire hydrants and water mains, catch basins, pipe culverts, sanitary sewers and storm drains. Drainage easements may be required.

(Prior Code, § 12.16.040)

At or near the entrance of each intersection of a private road or street with another public street or with another private street, there shall be erected and maintained by the applicant a signpost to which is attached a sign having an area of at least 15 inches by 21 inches, upon which is printed and clearly legible in at least two-inch letters the name of the private road or street, and the words “PRIVATE STREET.”

(Prior Code, § 12.16.050)

(A) (1) Within 40 days after the plat of survey is submitted, the Planning Commission shall review the plat and shall approve, conditionally approve or disapprove the plat and shall notify the applicant concerning its action.

(2) The Planning Commission may grant conditional exceptions to the standards set forth in this chapter where special circumstances or conditions warrant other than strict adherence to the standards set forth heretobefore.

(B) The time limits prescribed herein may be extended by the Planning Commission, with the consent of the applicant.

(C) Approval shall become void unless all conditions of approval are completed or fulfilled within one year from date of approval, except that grading and improvement conditions shall be considered as fulfilled if the required work is begun during the time limit and diligently carried on to completion.

(Prior Code, § 12.16.060)

Appeals may be made to the Town Council from any decisions, determination or requirement of the Planning Commission or Director of Public Works by filing a notice thereof with the Town Clerk within ten days after the decision, determination or requirement is made. The notice shall set forth in detail the action and the ground by and upon which the applicant deems himself or herself aggrieved. In the event that an appeal has not been filed with the Town Council within ten days, the action of the Planning Commission or Director of Public Works will be deemed final and binding, and no further application with reference to the same proposal may be filed within one year from the expiration of the ten-day period.

(Prior Code, § 12.16.070)

(A) (1) All private roads or streets shall be maintained by the owners thereof in such manner that adequate, safe and convenient access by vehicular traffic is provided at all times for all vehicles, including fire, police, health and sanitation and public utilities vehicles, and so that the public vehicles can service all properties to which access over the private road is to be gained.

(2) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

OWNERS. The owner or owners of the fee simple title to the easement and also all those who have easement to pass over the private road by virtue of ownership of property adjacent or contiguous to the easement.

(B) If the private roads or streets are not maintained as required by division (A) above, then the Director of Public Works may, after ten days written notice to those required to maintain the private roads or streets, proceed to cause the work and improvement to be done upon the private roads or streets as needed to meet the requirements and the cost thereof shall be a lien upon the property of the owners of the easement or private road; and the costs may be levied and assessed against the real property as a part of the real property tax for the next ensuing taxable year.

(C) All owners of the proposed private road or street, and all property owners adjacent or contiguous thereto, shall be notified that the provisions of this section shall apply as a condition of approval of a private road or street easement map.

(D) The Planning Commission may require as a condition of approval that the owners and any others having use of or benefit from the private road, including adjacent and contiguous property owners, enter into a private road maintenance agreement with the town.

(Prior Code, § 12.16.080)

(A) Before accepting for filing any private road or street map, the Town Clerk shall charge and collect appropriate fees.

(B) For each and every private road map submitted in accordance with the provisions of this chapter, a fee shall be paid to the Town Clerk in accordance with the schedule of fees fixed and adopted by the Town Council.

(Prior Code, § 12.16.090) (Ord. 443, passed - -1978)