16.40.080 Private roads.
Upon the request of the subdivider, the commission may permit the grant or reservation of an easement for private road right-of-way access to the subdivision. No private road right-of-way shall be considered as an alternative to a public street unless the following documents are provided:
A. A written deed, in a form suitable for recording, conveying a perpetual easement for a private road right-of-way to the owners of parcels within the subdivision. The deed shall expressly state that the easement shall run with the land for the benefit of the designated parcels. The easement shall be adequate to satisfy the right-of-way requirements of KIBC 16.80.030(E). The easement shall provide for unlimited use of the right-of-way consistent with the zoning of the subdivision.
B. A written agreement which requires the subdivider to include a covenant or condition in each deed conveying each lot or parcel in the subdivision. The covenant or condition shall require the landowner to share in the payment for any necessary construction and maintenance of the private road to the standards specified in KIBC 16.80.030(E).
C. A written covenant providing for the payment of real property taxes for the right-of-way area as set forth in KIBC 16.40.070. [Ord. 90-15 §2, 1990].