Sec. 54-1058. - Private road standards.
1. General Information.
a. Introduction. The private road standards provide the landowner/developer flexibility to determine the level of access and service provided to lots being created. The private road standards require the landowner/developer to be responsible for the extent and quality of property access and drainage. The landowner/developer is responsible for the establishment of standards for design, construction, and maintenance of the roadway and drainage systems and for items such as access for emergency service vehicles, school buses, mail couriers, and coordination of utilities. Note that public services are not guaranteed by the City of Charleston.
The private right-of-way shall be dedicated to a legally recognized or chartered entity. Private right-of-way shall not be dedicated to the public. Further, the City of Charleston is neither obligated nor responsible for private right-of-way maintenance.
b. Landowner/Developer Responsibilities. The landowner/developer is responsible for determining the type of access to be provided for his subdivided property. The landowner/developer shall be responsible for oversight and coordination of design and construction and for obtaining required approvals or permits from the appropriate agencies.
The landowner/developer is responsible for informing prospective property owners, whether solicited or unsolicited, of all conditions and responsibilities, or lack thereof, that have been placed on the property.
If access or drainage connects with a City right-of-way or easement, an encroachment permit shall be obtained prior to construction.
2. Ingress/Egress Easement (Maximum of Ten Lots).
Additional Landowner/Developer Responsibilities: The location of proposed ingress/egress easement(s) shall be clearly depicted and labeled on submitted plats or plans. All ingress/egress easements must comply with the applicable requirements of this Chapter including, but not limited to, the requirements contained in sub-sections a and b below. The landowner/developer shall secure the necessary licensed, professional personnel to prepare designs, obtain required approvals and permits, and oversee construction.
(a) Prior to issuance of zoning permits for land development activities other than construction of ingress/egress easements and private rights-of-way, installation of required street signs, additions/renovations to existing structures that are legally permitted, and new construction of accessory structures, all ingress/egress easements shall be:
i. Constructed in the location shown on the approved, recorded plat;
ii. Constructed to comply with City's fire codes, from their point of connection to an existing publicly owned and maintained right-of-way to lot(s) proposed for development; and
iii. Inspected pursuant to Section 54-1058, 6.
(b) The Director of the planning department may allow use of a portion of an ingress/egress easement that was constructed prior to July 18, 2017 that cannot comply with the width clearance requirements of the International Fire Code when: (1) the Director determines that moving the ingress/egress easement to a different location is not possible due to site constraints, property size, Grand Trees, wetlands, etc.; (2) the applicant submits letters from the providers of emergency services for the subject properties stating they can access all properties utilizing the ingress/egress easement; and (3) all future portions of the ingress/egress easement comply with the International Fire Code.
3. Private Right-of-way Dedicated to A HOA with No Road Construction Required (maximum of ten Lots).
Additional Landowner/Developer Responsibilities: All rights-of-way shall be clearly depicted on submitted plats or plans. The landowner/developer is responsible for determining the construction suitability and the accessibility of the defined right-of-way, provided, however, that all private rights-of-way must comply with the applicable requirements of this Chapter, including, but not limited to, the requirements contained in sub-sections a and b below. The landowner/developer shall secure the necessary licensed, professional personnel to prepare designs, obtain required approvals and permits, and oversee construction.
a. Prior to issuance of zoning permits for land development activities other than construction of ingress/egress easements and private rights-of-way, installation of required street signs, additions/renovations to existing structures that are legally permitted, and new construction of accessory structures, all ingress/egress easements shall be:
i. Constructed in the location shown on the approved, recorded plat;
ii. Constructed to comply with the City's fire codes from their point of connection to an existing publicly owned and maintained right-of-way to lot(s) proposed for development; and
iii. Inspected pursuant to Section 54-1058, 6.
b. The Directors of the Zoning and Planning Department may allow use of a portion of an ingress/egress easement that was constructed prior to July 18, 2017 that cannot comply with the width clearance requirements of the International Fire Code when: (1) the Director determines that moving the ingress/egress easement to a different location is not possible due to site constraints, property size, Grand Trees, wetlands, etc.; (2) the applicant submits letters from the providers of emergency services for the subject properties stating they can access all properties utilizing the ingress/egress easement; and (3) all future portions of the ingress/egress easement comply with the International Fire Code.
4. Private Right-of-way Constructed and Dedicated to a HOA.
Additional Landowner/Developer Responsibilities: The landowner/developer shall determine the location and size of rights-of-way to be provided and the standards for the design and construction of the roadway and drainage systems, provided that all private rights-of-way comply with the applicable requirements of this Chapter including, but not limited to, the requirements contained in sub-sections a and be below. The landowner/developer shall secure the necessary licensed, professional personnel to prepare designs, obtain required approvals and permits, and oversee construction.
a. Prior to issuance of zoning permits for land development activities other than construction of ingress/egress easements and private rights-of-way, installation of required street signs, additions/renovations to existing structures that are legally permitted, and new construction of accessory structures, all private rights-of-way shall be:
i. Constructed in the location shown on the approved, recorded plat;
ii. Constructed to comply with the City's fire codes, from their point of connection to an existing publicly owned and maintained right-of-way to lot(s) proposed for development; and
iii. Inspected pursuant to Section 54-1058, 6.
b. The Directors of the Zoning and Planning Department may allow use of a portion of a private right-of-way that was constructed prior to July 18, 2017 that cannot comply with the width clearance requirements of the International Fire Code when: (1) the Director determines that moving the private right-of-way to a different location is not possible due to site constraints, property size, Grand Trees, wetlands, etc.; (2) the applicant submits letters from the providers of emergency services for the subject properties stating they can access all properties utilizing the private right-of-way and (3) all future portions of the private right-of-way comply with the International Fire Code.
5. Construction Plan Submission. Roadway and/or drainage construction plans, and subsequent plan revisions, shall be submitted to the Technical Review Committee prior to submittal of applications for land development activities other than additions/renovations to existing structures that are legally permitted and new construction of accessory structures. Such plans shall be submitted to the Technical Review Committee prior to applications for construction of ingress/egress easements or private rights-of-way and installation of required street signs. The submission shall meet the TRC submittal requirements for subdivisions.
Once TRC approves the roadway and/or drainage construction plans, the landowner/developer may submit application(s) for construction of the ingress/egress easement, private right-of-way, and/or drainage and installation of required street signs. No other permits (other than permits for additions/renovations to existing structures that are legally permitted and new construction of accessory structures) shall be issued for the property until the ingress/egress easement, private right-of-way, and/or drainage, as well as the installation of required street signs, have been inspected and approved by the Public Service Department pursuant to Section 54-1058, 6.
6. City Inspection. All roadway and drainage work shall be inspected by the Director of the Department of Public Service for compliance with the submitted plans and specifications prior to the issuance of permits for land development activities other than: construction of ingress/egress easements or private rights-of-way; installation of required street signs; additions/renovations to existing structures that are legally permitted; and new construction of accessory structures. The inspections will be performed to: provide construction documentation; review ingress/egress easements and private rights-of-way construction according to the City's fire codes; ensure that ingress/egress easements, private rights-of-way, and drainage, have been constructed in compliance with this Chapter; and, if applicable, to ensure street signs have been installed in the correct locations and are in compliance with applicable City ordinances.
After the required City inspection and approval, the landowner/developer may submit permit application(s) for subsequent land development activities.
The landowner/developer shall give a one-week notice prior to beginning work at the site. After the initial notice, a 24-hour notice shall be given prior to beginning each operation (or continuing an operation when the work has been disrupted for more than one work-day).
7. Certification From The Design Professional. The design professional shall provide a written statement certifying that to the best of his knowledge, the road and drainage infrastructure has been constructed in accordance with the submitted plans.
(Ord. No. 2018-031, § 11, 4-10-18)