Article 8 — PRIVATE ROADS

Sec. 9-4.801. - Private roads described.

Private roads are those not dedicated to, and not accepted by, the public.

(§ 1, Ord. 87-662, eff. June 4, 1987)

Sec. 9-4.802. - Maintenance.

(a)

In all developments created either by parcel map, subdivision map, planned development permit, court order, or by other operation of law, the maintenance of private roads shall be the responsibility of the developer or the subsequent lot owners, or both.

(b)

The responsibility and obligation shall be enumerated in one or more of the following manners:

(1)

An incorporated entity, such as a homeowners' association; or

(2)

Another unincorporated business entity, such as an association, partnership, or recorded agreement; or

(3)

By a recorded restrictive covenant containing language binding the subsequent owners, other than the developer, such as a covenant or restriction running with the land.

(c)

The advisory agency shall have the authority to approve the appropriate type of entity or document required at the time of the subdivision approval. The approval shall be based on the size and the location of the development and other topographical and environmental considerations.

(d)

In cases of disagreement in the selection process set forth in this section between the subdivider and the advisory agency, the Board shall make the final decision, upon an application of the subdivider, in accordance with Section 9-3.605 of Article 6 of Chapter 3 of this title.

(e)

Any and all documents, be they corporate, agreement, covenant, or otherwise, shall contain the language of Section 845 of the Civil Code of the State and shall contain specific language placing the owners on notice that the County disclaims any and all responsibility for the construction or maintenance, or both, of roads not dedicated to the public.

(f)

The enabling document of the entity, corporation, agreement, or covenant shall be approved by the County Engineer or the County Counsel, or both, prior to the recording of the final map, parcel map, or other development document.

(§ 1, Ord. 87-662, eff. June 4, 1987)

Sec. 9-4.803. - Rights-of-way.

Rights-of-way for private roads and streets in developments may be easements recorded for the benefit and enjoyment of the lot owners or effective within, or adjoining the development, or both, as specified in Chapter 3 of this title. Such easements shall be delineated on the map. The following note shall be placed on an Additional Information Map or Additional Information Document for any map using private roads for access:

Roads shown hereon are private easements not subject to improvement or maintenance by Plumas County. Such easements will not become effective unless and until reservations and grants are included in the respective deeds.

(§ 1, Ord. 87-662, eff. June 4, 1987)

Sec. 9-4.804. - Forest Service roads.

If a development is using Forest Service roads for access, the following note shall be placed on an Additional Information Map or Additional Information Document for the respective map:

Access to the property shown hereon is over a Forest Service road which is subject to the jurisdiction of the United States Department of Agriculture and could be subject to closures. Maintenance is not guaranteed.

(§ 1, Ord. 87-662, eff. June 4, 1987)

Article 9. - ACCESS

Sec. 9-4.901. - Access.

All developments shall have access as required by the General Plan.

(§ 1, Ord. 87-662, eff. June 4, 1987)

Sec. 9-4.902. - Towns.

(a)

All developments in town boundaries shall have access by a paved roadway maintained year-round by the State, County or a private association.

(b)

All internal roadway systems in developments shall be paved and improved to the standards for their class.

(c)

Parking lots, whether providing on-site parking or independent of other uses, shall be paved.

(d)

All developments shall make provisions for access to any adjacent lands which are not served by or shown on a planned roadway alignment to be served by another paved public roadway.

(§ 1, Ord. 87-662, eff. June 4, 1987; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018)

Sec. 9-4.903. - Communities and rural places.

(a)

Roads within community and rural place boundaries serving commercial and industrial parcels shall be paved before issuance of building permits for those parcels.

(b)

(1) All parcels within developments in Suburban Residential Areas shall be served by paved maintained roads designed and constructed to County public road standards.

(2)

In all developments in Suburban Residential Areas, provision shall be made for future access to roads from adjacent communities and rural places.

(c)

All parcels within developments in Secondary Suburban Residential Areas shall be served by a paved, maintained County road or State highway or by a public or private road connected to a paved, maintained County road or State highway.

(d)

All parcels within developments in Rural Residential Areas shall be served by a public or private road connecting to a paved maintained County road or State highway.

(§ 1, Ord. 87-662, eff. June 4, 1987; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018)

Sec. 9-4.904. - Limited Access Rural Residential.

(a)

All developments shall have legal access by means of Forest Service roads, private road easements or public roads.

(b)

All parcels within developments shall be provided access by a roadway.

(c)

If roads are not in existence, they shall be provided before development.

(d)

Legal access by means of Forest Service roads is:

(1)

Access by a Forest Development Transportation System Road if rights-of way exist across all private lands to a County Road or a State Highway.

(2)

Access by a non-system road of National Forest Lands if a use permit is issued by the Forest Service.

(§ 1, Ord. 87-662, eff. June 4, 1987; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018)

Sec. 9-4.905. - Forest Service roads.

Forest Service roads do not satisfy access requirements for developments outside Limited Opportunity Areas except where a development has an irrevocable right to use the road.

(§ 1, Ord. 87-662, eff. June 4, 1987; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018)

Sec. 9-4.906. - Identification.

(a)

All access roads shall be marked with a sign approved by the Director of Public Works.

(b)

All lots shall be identified by a street address assigned by the Planning Director.

(c)

Road signs shall be located at intersections of roads.

(d)

Signs identifying traffic access or flow limitations shall be placed:

(1)

At the intersection preceding the traffic access limitation; and

(2)

No more than 100 feet before the traffic access limitation.

(§ 1, Ord. 877-662, eff. June 4, 1987, as amended by § 1, Ord. 91-762, eff. October 3, 1991; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018)

(a)

The traveled way of bridges shall be the same as the traveled way of the road serving each end, except as set forth in (b) below.

(b)

The traveled way of bridges may be the same as one traffic lane of the road serving each end if:

(1)

The road is a Class 7, 9, 10 or 11 Road, with an ADT of less than 200; and

(2)

The bridge is no longer than 330 feet; and

(3)

The entire bridge and the road at both ends are visible from on the bridge and both ends in a manner which would permit a driver to ascertain whether or not the bridge can be safely entered and crossed.

(4)

Warning signs reading "One-Lane Bridge 90 Feet" shall be installed thirty (30) yards from each end of the bridge.

(5)

Turnouts shall be provided at both ends of the bridge.

(c)

Bridges shall be provided with appropriate signs, including but not limited to weight or vertical clearance limitations, one-way road or single lane conditions of each bridge. The signs shall be clearly visible and be installed thirty (30) yards from each end of the bridge.

(d)

Where a bridge or an elevated structure is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with the American Association of State and Highway Transportation Officials Standard Specifications for Highway Bridges, 17[th ] Edition, published 2002 (known as AASHTO HB-17), hereby incorporated by reference. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the Director of Public Works. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, barriers, or signs, or both, as approved by the Director of Public Works, shall be installed and maintained.

(§ 1, Ord. 87-662, eff. June 4, 1987, as amended by § 1, Ord. 91-762, eff. October 3, 1991; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018)