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088 of 2010 - Enacting new Chapter 14.54 relating to the policy for the dedication of private streets to public ow 0 10-1 0 10-19 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 2 *thaw 4kisi 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; 3 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: 4 (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 5 — „...... _ , .• ATTEST AND COUNTERSIGN: _,:,,•--:-.,..i:v.cyri...---77,!,,. 1/4• izizzN?'•;N, • --;_.',•4.t, ,,,,,,I, '\'.\•r-,'-7;; -..... :''1 ':'.'llePo -r :'/•4" ,.• .•,,,.._,Ls,.....„.(,.. Transmitted to Mayor on December 14, 20 i . Mayor's Action: X Approved. Vetoed. // , i t i ,), , -or,/ I MAYOR APPROVED AS TO FORM Salt Lake City Attorney's Office Date (0 -z6"- to ITY RECORD R . ,..il.. ,.. ,, (SEAL)Bill No. 88 of 2010. Published: December 24, 2010 6