23.25.020 Improvements required.
In reviewing a preliminary subdivision plan for material compliance and prior to recommending approval of such a plan, the Administrator shall ensure that improvements under this section are provided for in the final map. Such improvements may be specified either as part of the preliminary subdivision plan or as a condition to the Planning Director’s decision to recommend approval of the preliminary subdivision plan.
(a) Roads.
(1) Roads shall be designed and constructed to serve each lot in every subdivision.
(2) Any road, or part thereof, lying within the subdivision shall be constructed to Tribal standards.
(3) In addition, off-site improvements may be required. The Tribe shall require such off-site improvements as it finds necessary for:
(A) The orderly and planned improvement of off-site roads to Tribal standards, considering the probable future growth in the area;
(B) The safe and orderly movement of persons and vehicles; and
(C) Providing roads that can be maintained at a reasonable cost.
(b) Sewer and Water Systems. Where sewer or community water systems are required, the subdivider shall construct the sewer and water systems to the applicable legal building standards.
(c) Private Lanes.
(1) Private lanes serving a subdivision approved in accordance with the provisions of this section shall not receive Tribal maintenance.
(2) A plan or arrangement acceptable to the Tribe may be required for the maintenance or improvement of private lanes.
(3) The Planning Director may approve a subdivision served by private lanes if it is found that all of the following conditions have been or will be satisfied:
(A) The public convenience does not require and will not be served by public traffic through such subdivision;
(B) The creation of such private lanes shall not render land adjoining such subdivision unreasonably inaccessible;
(C) There is no reasonably perceived future need for the lane to be a public lane or road; and
(D) The final map shall show the lanes clearly labeled “Non-Public Lane” or “Non-Public Road.”
(4) Before any part or lot of the subdivision is sold, the entrance thereto from a public street shall be posted and kept posted with an easily visible sign of at least two square feet in size containing substantially the words “Not a Public Road” or “Not a Public Street” in letters at least two inches high.
(5) Lots abutting on a private lane shall be sold subject to a provision which shall appear on the subdivision map or instrument of waiver, which shall read substantially as follows:
If the private lane or lanes shown on this plan of subdivision, or any part thereof, are to be accepted by the Tribe for the benefit of the lot owners on such lane rather than for the benefit of the Tribe generally, such private lane or lanes or parts thereof shall first be improved at the sole cost of the affected lot owner or owners, so as to comply with the specifications as contained in the then applicable subdivision policies relating to public streets.
(6) Lanes shown on the tentative subdivision plan and final map shall be sufficiently wide and of such physical condition to allow access by emergency vehicles at all times of the year.
(7) Lots on the tentative subdivision plan and final map shall not be immediately or reasonably accessible from the accepted city, county, or state highway.
(d) Additional Work. If, during the course of construction of any new street or any other improvements required in connection with the approval of the preliminary subdivision plan, additional work is required owing to unforeseen conditions, such as, but not limited to, springs, ancient drains, wetlands, watercourses, side-hill drainage from cuts, bedrock, the discovery of culturally sensitive areas or other conditions which were not apparent at the time of the approval, the Subdivision Administrator or Planning Director may require such additional work to be done and may require additional surety.
(e) Access. Access shall be suitable for the declared use, which must be consistent with the highest and best use. Where access is based on recorded documents or on a permit, they shall be listed on the parcel map or final map. If access is based on a permit that is revocable, it shall be so stated on the parcel map or final map. If no such documents or permits are relied upon, a statement shall be placed on the parcel map or final map clearly stating that there is no right-of-way of record.
(f) Waiver of Direct Access. On all arterial roads and on all major collector roads, the Tribe may require dedication of vehicular access rights across a portion of the frontage to be subdivided. [Ord. 43 § 3402, adopted, 6/10/2015.]