The following requirements and limitations apply when the planning commission determines that the subdivision or short subdivision cannot reasonably provide a public right-of-way because of the unique characteristics, small size or dimensions of the property to be divided. A private lane is not a public right-of-way and shall serve no more than seven building sites.
A. Easement for Private Lanes. Perpetual and reciprocal easements for the private lane shall be granted between the several lots of the subdivision or short subdivision in a form approved by the town attorney and consistent with this chapter, and shall be recorded with the King County recorder's office concurrently with the recording of the subdivision or short subdivision. Such easements shall be for ingress and egress of vehicular and pedestrian traffic and underground utilities, and shall grant to the town the perpetual right of ingress and egress over and upon the private lane and easement for the exercise of police power of the town, including the conduct of all municipal responsibility and the protection of life and property. Such easements shall at minimum perpetually burden the lots within the subdivision and the owners thereof, jointly and severally, with the obligation and full cost of upkeep, maintenance and repair of the private lane in accordance with minimum standards for such work established by the town, if any, to ensure the continuing exercise by the town of its police power in the subdivision.
B. Maintenance and Repair. The owner and/or owners of lots which utilize a private lane for access to a public right-of-way are required to maintain the condition and accessibility of such private lane. Maintenance and repair shall be performed in accordance with the terms of the easements recorded pursuant to subsection
A of this section or such other agreements as may exist between the owners. In the absence of timely and appropriate maintenance and repair of a private lane, the town shall have the right, but not the obligation, to institute legal action against the owner or owners thereof to compel such action, and/or may make necessary repairs, the costs of which shall be assessed, jointly or severally, against the owners of the lots which are serviced by the private lane.
C. Use. The placement of any building on or over a private lane or any use of the private lane that prevents or prohibits its intended use shall be prohibited. Restoration of the private lane shall be required following any excavation or other disturbance permitted by the terms of the private lane. Appropriate landscaping as determined by the town is permitted, and may be required, in a private lane.
D. Width. Private lanes shall have a minimum accessible easement width of 20 feet for their entire length for purposes of municipal, police, fire and safety access.
E. Turn-Around Area. A turn-around area shall be located adjacent to or within the most distant lot from the public street which is accessed by the private lane. The turn-around shall be of a reasonable and sufficient shape to provide for the turning around of motor vehicles and safety vehicles, as approved by the town staff.
F. Approval. The location of all private lanes and turn-around areas shall be subject to the approval of the town council.
G. Not Included in Lot Calculation. The area of the private lane shall not be included as a portion of any lot. Setbacks shall be measured from the near edge of the private lane easement.
H. Exception. Private lanes are prohibited where adequate lot size and proportions can be obtained through the dedication of full width streets, in spite of the fact that the number of potential lots within the subdivision or short subdivision may be less than would be possible if the subdivision or short subdivision utilized a private lane in lieu of a dedicated street.
(Ord. 497 § 1, 2000; Ord. 603 § 1, 2009; Ord. 650 § 1, 2014; Ord. 688 § 1, 2018; Ord. 768 § 3 (Att. A), 2025)