Plumas County Municipal Code Art. 8 Private Roads

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

(§ 1, Ord. 87-662, eff. June 4, 1987)

(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)

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)

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)