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A. Except as set forth in this section, private streets must be constructed in accordance with the City’s typical standard details and in accordance with all federal ADA standards and regulations. Private streets are allowed subject to the terms and conditions set forth below. All other terms and conditions of Title 11 that are not specifically modified by this section shall apply to the design and construction of private streets.

B. When Allowed. Private streets will be allowed only for streets that have no public interest for traffic circulation. Private streets are not allowed:

1. To serve more than eight potential residential lots, except within a planned unit development or multi-family development;

2. When the street connects two public streets or there is potential for a private street to complete a future connection between two public streets;

3. When in conflict with the adopted arterial plan or street circulation plans, or studies; or

4. To serve commercial or industrial development.

C. Access intended to serve no more than two residential lots shall be considered driveways and subject to the requirements of Section 11.80.110.

D. Private streets must be constructed to minimum standards for emergency and other service provider access, as required by the Fire Marshal or the Director.

E. The length of a private street may not exceed 750 feet. Private streets exceeding 600 feet in length must provide at least two separate entrances. One entrance may be for emergency access only.

F. A private street will be treated as a street for purposes of the setback requirements of this chapter.

G. Private streets must be placed in a private street easement. The easement will be recorded and clearly marked on the plat.

H. A statement with the following language is required on the face of any plat or short plat containing a private street:

WARNING: City of Vancouver has no responsibility to improve or maintain the private streets contained within or private streets providing access to the property described in this plat, nor does the City of Vancouver have responsibility for any of the infrastructure associated with the roadway such as sidewalks, drainage facilities, street lights, curbs, or landscaping.

I. Where private streets are included in plats/subdivisions that include conditions, covenants, and restrictions (CCRs), the CCRs must include the following statement:

WARNING: City of Vancouver has no responsibility to improve or maintain the private streets contained within or private streets providing access to the property described in this plat, nor does the City of Vancouver have responsibility for any of the infrastructure associated with the roadway such as sidewalks, drainage facilities, street lights, curbs, or landscaping.

The CCRs also must include terms and conditions of responsibility for liability, maintenance, maintenance methods, standards, distribution of expenses, remedies for noncompliance with the terms of the agreement, right of use easements, and other considerations.

J. The City will not maintain streets, signs, street lights, or drainage improvements associated with a private street. Prior to final inspection and approval of a private street, a maintenance agreement must be recorded with the Clark County Auditor as a covenant running with the land for any and all parcels served, or potentially served. The agreement must set forth the terms and conditions of responsibility for liability, maintenance, maintenance methods, standards, distribution of expenses, remedies for noncompliance with the terms of the agreement, right of use easements, and other considerations. The agreement also must include the creation of a private street maintenance fund and the annual assessment.

K. Design criteria and plans for private streets must be in accordance with the City’s transportation standard plans except as modified by Table 11.80.050.C-1.

Table 11.80.050.C-1. Table – Design Criteria – Private Streets

Number of Dwellings

Proposed Street Length (ft)

Minimum Easement Width (ft)

Minimum Pavement Width (ft)

Method for Intersection with Public Street

Curb and Gutter, Sidewalk & Street Lighting

1 - 4

< 200

20

12

Driveway

No

1 - 4

200 - 400

20

16

Driveway

No

5 - 8

< 200

20

16

Driveway

Yes

5 - 8

200 - 400

20

18

Driveway

Yes

5 - 8

400 - 750

20 +

20

Major commercial driveway

Yes

9 or more

Requires road modification approval - design criteria to be determined on a case-by-case basis.

L. Additional Private Street Requirements.

1. Street terminations and turnaround requirements for private streets are pursuant to Section 11.80.070.C.8.

2. Private streets must be designed with a minimum vertical clearance of 13 feet, 6 inches.

3. When street lights are required, their installation on a private street must conform to the City’s transportation standard plans.

4. When street lighting is required, it shall be installed by the developer, and its installation, operation, and maintenance must be covered in the private street maintenance agreement. Neither the City nor the electric utility will be responsible for any portion thereof.

5. Private street signs with street designations must be provided by the developer at the intersection of private streets with private and public streets. Such signs must conform to the current MUTCD standards and City requirements. Signs installed at intersections with public streets must be located either within the public right of way or within a separate maintenance easement. Consideration of street signs must be included in the maintenance agreement.

6. All street signs and striping must conform to current MUTCD standards and City requirements and be maintained in perpetuity pursuant to the private maintenance agreement.

7. The developer of a residential plat, short plat, or non-land division development containing a private street is responsible to insure the warranty of the private street and drainage appurtenances for a period of 2 years from the date of recording of the plat or short plat.

8. All private street construction requirements must be complete prior to final plat recording. Bonds or escrow for future construction of private streets are not allowed.

9. Private streets are the responsibility of the developer to construct. Upon completion of the required improvements, the developer is required to submit a statement to the Department of Public Works stating that the improvements have been completed in accordance with the adopted standards.

10. Stormwater management is required per VMC Chapter 14.25. (Ord. M-4197 §11, 2016; Ord. M-4026 §10, 2012)