088 of 2010 - Enacting new Chapter 14.54 relating to the policy for the dedication of private streets to public ow 0 10-1
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SALT LAKE CITY ORDINANCE
No. 88 of 2010
(Enacting New Chapter 14.54 Relating to
Dedicating Private Street to Public Ownership)
An ordinance enacting new chapter 14.54 of the Salt Lake City Code relating to
the policy for the dedication of private streets to public ownership.
WHEREAS, the City occasionally receives requests that private streets be
dedicated to public ownership; and
WHEREAS, the City Council wished to adopt the policy and procedures for
handling such requests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. New chapter 14.54, Salt Lake City Code shall be, and hereby is,
enacted to read as follows:
Chapter 14.54
DEDICATION OF PRIVATE STREETS
TO PUBLIC OWNERSHIP
Sections:
14.54.010 Purpose
14.54.020 Policy
14.54.030 Administrative Procedures
14.54.010 Purpose
The purpose of this chapter is to establish policy and procedures for the
dedication of private streets to public ownership. Private alleys are excluded from this
policy.
14.54.020 Policy
It is the policy of Salt Lake City Corporation that:
A. The City will not make a pro-active effort to bring private streets into public
ownership unless there is a compelling public interest;
B. Private streets created as part of a platted subdivision will not be considered
for public ownership unless there is a compelling public interest;
C. Existing private streets may be considered for public ownership when
requested by property owners abutting the private street. That request will come in the
form of a Private Street Dedication Petition. The petition must be signed by property
owners representing 100% of the total lineal front footage of the street. By signing the
petition, the petitioners agree it is their intent to dedicate the street to public ownership;
D. Private streets will not be considered for public ownership unless:
(1) The underground utilities meet City standards or until the utilities are
brought up to City standards;
(2) The street surface features meet current City standards or are brought
into an acceptable degree of compliance. Numerous factors will be
considered through the petition process and the fact that the
underground and surface standards are met does not guarantee that the
street will be brought into public ownership. There are certain City
standards that the City will not consider waiving or reducing (grade,
surface, width), as they relate to health and safety and ability to
provide services. Streets will not be considered for public ownership
if they have less than 16 feet of clear paved way, not including
parking. If the clear paved width, not including parking, is between 16
and 20 feet, the City will consider public ownership if there is a
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compelling public interest. Grade of the street must meet current City
street grade standards; and
(3) Deteriorated retaining walls and other private property features
abutting the proposed public ownership are removed, repaired, or
replaced by the property owners to ensure public safety;
E. Salt Lake City will not pay the cost of underground (utilities, etc.) or surface
(curb, gutter, sidewalks, concrete, etc.) improvements to bring the street up to City
standards. The burden is on the private street property owners to fund necessary
improvements. Private street property owners may pursue funding options to upgrade the
street to City standards through the City's Community Development Block Grant
(CDBG), Capital Improvement Program (CIP), or Special Assessment Area (SAA)
programs) if the private street was not expressly created in a platted subdivision. City
funds will not be expended on streets created as a part of a platted subdivision, on the
policy basis that taxpayer funds should not be expended to address deficiencies in
standards consciously chosen by the property developer. If directed by the Mayor, the
City may make repairs to water or sewer lines in an emergency situation involving a
substantial risk to health or safety and on the basis that the owner will reimburse the City;
F. If matching funding is requested from the City through the CDBG or CIP
programs, or through creation of a SSA, the request will be considered through the
routine processes for allocation of those funds and will not be given priority;
G. The City will not agree to split the ownership of utilities and streets unless
there is compelling public benefit;
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H. If a private street was created as part of a Planned Development, the City
will not pay, or share the cost of repairing or improving the street. If the street was
created through a Planned Development, an amendment to the Planned Development is
required. There must be a compelling public interest proven for public ownership to be
considered. The amendment process will be reviewed by the Planning Commission with
a recommendation forwarded to the City Council;
I. The City has no affirmative duty to inform residents if their street or utility
is private. However, as a courtesy, when a customer signs up for water service, the City
will make a reasonable effort to inform the customer if their street or the water utility line
is private;
J. The City will not take ownership of a street that does not allow public
access;
K. The City will not take ownership of a street that is targeted for
redevelopment as identified in a City master plan;
L. The City must be able to safely and efficiently provide services (fire
protection, garbage collection, snow removal, etc.) along the street in order to dedicate a
private street to public ownership;
M. No specific rights or guarantees for use of the street, such as on-street
parking, are conveyed to private street owners when a private street becomes publicly
owned; and
N. The City will not consider the acceptance of an existing private street to
public ownership unless it is demonstrated that the street dedication achieves at least one
of the following objectives:
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(1) The street currently provides, or can provide with improvements:
i. access to open space, public facilities/uses or other public
amenities
ii. mid-block pedestrian access
iii. an improvement to the surrounding pedestrian or vehicular
circulation pattern
iv. an identified planning goal as noted in the adopted master plan
for the neighborhood
(2) Dedicating the private street to public ownership will encourage
reinvestment in the community
(3) Dedication of the street will improve public health, safety, and general
welfare.
14.54.030 Administrative Procedures
The Mayor is authorized to adopt additional, consistent administrative procedures
necessary to implement this policy.
SECTION 2. This ordinance shall become effective on the date of its first
publication.
Passed by the City Council of Salt Lake City, Utah, this 14th day of
December , 2010.
AIRPE ON
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Transmitted to Mayor on December 14, 20 i .
Mayor's Action: X Approved. Vetoed.
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I MAYOR
APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date (0 -z6"- to
ITY RECORD R
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(SEAL)Bill No. 88 of 2010.
Published: December 24, 2010
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