07-10-03: PRIVATE ROAD AND DRIVEWAY REQUIREMENTS:

   (1)   Private Road Application:

      A.   Approval of a private road is required prior to the issuance of a building permit for an inhabited structure proposing to use a private road to access a public street.

      B.   An application for a private road shall be on a form provided by the Director and the designated fees shall be paid with the application. Additional fees shall be charged for any requested alternative road standards paid with the application. Additional fees shall be charged for any requested alternative standards which require review by the County Engineer.

      C.   When the application is filed, the Director shall review the application to determine if: 1) the proposed private road meets the standards in this Section and Chapter 6, Article 5 of this Code and 2) will not disrupt regional or local long-range transportation plans.

      D.   Private roads longer than one hundred fifty feet (150') from the public street right-of-way line to the most distant portion of an inhabited building must be approved in writing from the applicable fire official prior to approval by the Director.

      E.   Approval shall not be granted by the Director until the private road is constructed and certified by a licensed engineer to meet the standards in this Section and Chapter 6, Article 5 of this Code.

   (2)   Driveway Serving Two (2) Inhabited Structures Application:

      A.   Approval of a driveway serving two (2) inhabited structures is required prior to the issuance of a building permit where the driveway is proposed to provide access to a public street.

      B.   An application for a driveway shall be on a form provided by the Director and the designated fees shall be paid with the application. Additional fees shall be charged for any requested alternative standards which require review by the County Engineer.

      C.   When the application is filed, the Director shall review the application to determine if: 1) the proposed driveway meets the standards in this Section and Chapter 6, Article 5 of this Code and 2) will not disrupt regional or local long-range transportation plans.

      D.   Driveways longer than one hundred fifty feet (150') from the public street right-of-way line to the most distant portion of an inhabited building must be approved in writing from the applicable fire official prior to approval by the Director.

      E.   Approval shall not be granted by the Director until the driveway is constructed and certified by a licensed engineer to meet the standards in this Section and Chapter 6, Article 5 of this Code.

   (3)   Private Road And Driveway Requirements:

      A.   Private roads and driveways serving two (2) inhabited structures shall be constructed to the minimum standards contained in subsection (4) of this Article. The minimum surface width requirement therein may be reduced in accordance with subsection (5) of this Section.

      B.   Private roads and driveways serving two (2) inhabited structures shall be located within a recorded permanent, perpetual easement. The easement shall have a minimum width of sixty feet (60') from the right-of-way of a public street to the property for the purpose of ingress/egress. The easement width minimum may be reduced to a width not less than twenty-eight feet (28') in accordance with subsection (5) of this Section.

      C.   Private roads and driveways serving two inhabited structures shall have a minimum property frontage of sixty feet (60') required along the right-of-way of a public road for the purpose of ingress/egress. The frontage width requirement may be reduced to a width not less than fifty feet (50') in accordance with part (5) of this Section.

      D.   Private roads and driveways shall have a recorded road user's maintenance agreement that describes the responsible parties for construction and maintenance, including repairs, and necessary improvements to accommodate additional accesses in the future. The agreement shall also list any construction warranties applicable to the specific private road or driveway. Failure to maintain a previously approved private road or driveway shall be a violation of this Article, subject to the enforcement procedures in Article 19 of this Chapter.

      E.   All properties taking access to a private road shall follow the addressing standards in Chapter 6, Article 5 of this Code.

      F.   Private roads shall be named and a sign conforming to the applicable highway district standards shall be erected and maintained at the property owners' expense. The road must have a road name approved by the Director. The naming of roads shall comply with Chapter 6, Article 5 of this code. Verification of the installation of road signs shall be provided to DSD.

      G.   Private roads and driveways shall be located to minimize disruption of existing agricultural practices.

      H.   On subdivision plats, private roads shall be shown as a separate, non-buildable lot in accordance with the requirements of Section 07-17-31 of this Chapter.

   (4)   Private Road And Driveway Minimum Construction Standards:

   (5)   Private Road And Driveway Width Reduction: The width of a parcel's easement, frontage, or road surface may be reduced by the Director if the reduction demonstrates all of the following:

      A.   The proposed reduction provides adequate access;

      B.   The physical characteristics of the site require a width reduction; and

      C.   The width reduction will not cause injury, property damage, or a safety hazard.

   (6)   Additional Requirements:

      A.   Bridges: Bridges shall be inspected and certified by an engineer of the developer's choice, to have been constructed in compliance with all applicable federal, state, and local laws.

      B.   Cul-De-Sacs: Cul-de-sacs shall have a fifty-foot (50') radius for a driving surface and a sixty-foot (60') radius for right of way or easement.

(Ord. 16-007, 6-20-2016; amd. Ord. 25-018, 12-16-2025)