12.05.130 Procedures for acceptance of existing private streets as public roads.
A. Within the city of Sedona there shall exist only the following categories of streets:
1. Public streets.
2. State routes, which may be either frontages, highways, or freeways.
3. Private streets, which shall include driveways serving more than one parcel for purposes for this chapter. Other provisions in this code or the land development code pertaining to driveways are not affected by this designation.
B. Maintenance responsibility for the various categories of streets shall be as follows regardless of previous designations.
1. Public city streets, including landscaping, sidewalks, drainage, and traveled way areas, shall be maintained by the city of Sedona. “Maintenance” shall mean establishing requirements regarding work within the public right-of-way regardless by whom that work is performed. The city engineer shall determine the level, method, and frequency of maintenance. The city engineer shall make available to the public a list of city-maintained streets and maintenance guidelines. The list and guidelines shall, at a minimum, be updated each year prior to May. Streets may be added or deleted from the list according to the determined category of a street. Guidelines shall identify at minimum work expected to be done by city crews and work which adjacent property owners may accomplish.
2. State routes shall be maintained by the state and/or the city in accordance with state law and intergovernmental agreements between the state and city.
3. Private streets shall be maintained by adjacent or served property owners, individually or in association. Maintenance responsibility for private streets shall include the portions extending within the public right-of-way to connect to a public street; however, the city may require a right-of-way permit for work affecting portions within the public street right-of-way.
C. In order to be considered for acquisition as a public street, a private road shall meet the following criteria:
1. The road shall have been established as a private road prior to December 31, 1987.
2. A minimum 50-foot right-of-way shall be available for dedication to the city of Sedona. If the city engineer determines that a wider right-of-way is necessary then the city engineer shall state those reasons in writing after reviewing the anticipated traffic volumes, physical alignment, existing and potential future uses of the road, utility installations associated with road right-of-way, and other relevant issues.
3. The road shall serve a minimum of five developed parcels. A parcel shall be considered as developed if it has a residential or commercial building on it that can be occupied, or the parcel cannot be further subdivided or split under current zoning regulations.
4. The road segment shall be at least 200 feet in length not including a cul-de-sac bulb.
5. The segment to be dedicated must be connected to a public street.
6. The segment shall be a through street or have a turnaround at the end of the segment being considered for acquisition as a public street.
D. Nothing in this chapter shall be construed to prohibit the city from acquiring a private road or portions thereof by other legal means, nor shall it obligate the city to accept as a public street any private street offered to it.
E. A street owner’s, property owner’s, homeowner’s or similar association shall make an application to the city engineer on an application form provided by the engineering department that includes all of the following items:
1. The application shall be accompanied by evidence that more than 75 percent of affected property owners are in support of the application or that the applicant is authorized to speak on behalf of an the association.
2. A legal description and map of the proposed rights-of-way prepared and stamped by a registered land surveyor licensed by the state of Arizona. The map shall include the street, rights-of-way and all adjacent lots or parcels and shall also include the following:
a. A scale (written and bar graph), north point and date of preparation, including dates of any subsequent revision;
b. Boundary lines and vicinity map;
c. Names, locations and widths of adjacent streets, roads, highways and ways;
d. The width and location of all existing or proposed easements for special purposes which are contained within or adjacent to the proposed rights-of-way to be dedicated, such easements for the purposes of drainage, sewers, utilities, flood control or access;
e. Locations, elevations and size of culverts and storm drains and detention facilities;
f. Location of all existing or proposed roads, structures, walls, fences, irrigation ditches, water wells, pipelines and other physical features within or adjacent to proposed rights-of-way. The map shall indicate which improvements are to remain, be altered or removed. The map shall also indicate the typical type and depth of pavement serving as a roadway.
3. A fee simple title to the entire rights-of-way for the street conveyed by the street owner or property owner’s association. The street shall be reasonably centered within the conveyed rights-of-way to allow for a minimum of an 16-foot street plus two five-foot shoulders plus adequate drainage facilities.
4. Documentation acceptable to the city attorney that the street owners or property owner’s association have legal authority to convey the rights-of-way to the city.
5. Payment to the city of an application fee in the amount of $500.00 to cover the cost of application review and recordation with the county.
F. The city engineer shall review any complete application submitted by the street owners or property owner’s association. The city engineer shall prepare a written inspection report of the street and rights-of-way proposed for dedication and the accompanying map. He shall determine if there exist any design, construction or maintenance deficiencies that would result in an unacceptable assumption of liability or cost on the part of the city. This report may recommend corrective action items to be accomplished by the existing owners as a condition of acceptance. This may include repaving and/or reconstruction of the roadway, removal of all buildings, steps, walls or other structures not functionally part of the traveled way or removal/repair/reconstruction of drainage facilities. The city engineer shall make a written recommendation to the council regarding the offer of dedication and acceptance by the city.
G. The council shall consider the city manager’s and the city engineer’s recommendation and determine to accept or reject the offer of dedication. The council may attach any additional conditions they deem necessary to their acceptance.
H. If directed by the council, the city engineer shall sign the map indicating city acceptance of the dedication. The city clerk shall record the accepted new street with the necessary documentation with the appropriate county recorder’s office. [Code 2006 § 7-15-13. Ord. 91-04, 2-21-1991; Ord. 2008-05, 6-10-2008].