§ 102.21. MINIMUM RIGHT-OF-WAY WIDTH; ACCESS EASEMENTS; TITLE TO STREET.

(A)

Public Streets to Comply with Right-of-Way Minimums. The Commission shall not hereafter accept any street right-of-way as a public street whether by dedication in a plat or by deed or other instrument unless the same shall comply with the minimum right-of-way requirements set forth in this Section.

(B)

Private Streets' Access Easements to be Approved. As to all private streets to be constructed in the City, before a permit is issued for the construction, the City must have received and the City Engineer accepted easements for police protection, fire protection and the furnishing of other city services over, under and upon the private streets or thoroughfares. The applicant for a permit, in furnishing the access easements, shall provide an accurate legal description of the real property over which the easement is granted, which description shall be certified by a State registered surveyor as a true and correct legal description complying with the right-of-way requirements set forth below.

(C)

Minimum Right-of-Way Requirements. Minimum right-of-way requirements set forth below shall apply to public and private streets:

Street Type     Right-of-Way (Feet)

Arterial street       Minimum 120

Collector street       Minimum  80

Residential street       Minimum  50

Marginal access street       Minimum  40

Access roadway       Minimum  24

Alleys       Minimum  16

(D)

Requiring Additional Right-of-Way Width. Additional right-of-way width may be required by the City Engineer to promote public safety and welfare, and to assure adequate access, circulation and parking in high-density residential areas, commercial areas and industrial areas. To determine the necessity for additional right-of-way, the City Engineer may require the applicant to furnish a traffic impact analysis and, based upon the analysis, the City Engineer shall determine the extent to which any additional right-of-way will be needed.

(E)

Requiring Reduction in Right-of-Way Width. Upon the recommendation of the City Engineer, the Commission may authorize a reduction in the minimum right-of-way requirements as set forth in division (C) of this Section, if it is determined that the requirements of division (C) would not be feasible or would constitute hardship in a particular instance and provided reduction would not endanger public safety and welfare.

(F)

Appeal. Should the City Engineer recommend against any request for reduction in the minimum right-of-way requirements pursuant to division (E) of this Section, or require additional right-of-way width pursuant to division (D) of this Section, the applicant shall have the right to appeal the decision of the City Engineer to the Commission, by filing a written request with the City Manager within ten (10) days after this decision of the City Engineer. The Commission shall conduct a hearing on the appeal at a regular or special Commission meeting and shall render a decision within a reasonable time after this hearing.

(G)

Proof of Title, Effect of State of Title to Street. Prior to the Commission's acceptance of a public street or the City Engineer's acceptance of access easements to private streets, the applicant shall furnish to the City Attorney's office adequate proof that the title to the street is free and clear of all encumbrances and of the quality that there is no reasonable possibility that this use of the street or easement will be impaired because of a title defect. The fact that the street or access easement has a mortgage or other lien encumbering it will not prevent acceptance, provided that the mortgage or lienholder subordinates its interest to that of the City, the form of the subordination to be approved by the City Attorney's office.

(H)

Access Easements for Access Roadways. It is not mandatory that access easements be required over, under and upon access roadways. The City Engineer may, however, require the easements when it appears that it will be necessary or convenient to furnish City services to adjacent properties by use of the access roadways.

(Code 1980, § 23-17; Ord. No. 12-81, passed 3/24/81)