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A. Except as otherwise allowed in this section, there shall be legal access originating from a state-maintained roadway available for year-round public use to the boundary of the subdivision.

B. The applicant shall show to the satisfaction of the platting authority that legal access exists, providing for construction, improvements, and maintenance of a trafficway up to a width and standard required by this title, to the boundary of the subdivision.

C. All lots within the subdivision shall have legal access.

1. All road rights-of-way within the subdivision shall be dedicated to the public.

2. Exterior boundary right-of-way width may be shared with the adjoining property owner if the shared right-of-way is existing and public.

D. Communication sites and utility sites do not require legal access. At a minimum, an easement allowing ingress and egress from legal access as defined in this section to the communication site or utility site is required.

E. The platting board may accept alternate means of access to the subdivision in lieu of road access upon an application and findings by the platting board that:

1. There is no practical means of providing usable road access to the proposed subdivision.

2. Permanent public access by air, water, or railroad is both practical and feasible.

3. The primary mode of access shall be noted on the plat.

F. “Legal access” may be established by one of the following means:

1. The applicant dedicates sufficient land to provide access between the subdivision and the existing public road.

2. A dedicated right-of-way exists for access to the land.

3. Legal access is established by judicial decree.

4. An access easement exists which meets all the following requirements:

a. It is public.

b. It is perpetual and irrevocable.

c. It is recorded.

d. It prohibits the use of any interest retained by the grantor which would be incompatible with its use as a road easement to the parcel being subdivided.

5. It is a verified section line easement.

6. A private access easement exists which meets all of the following requirements:

a. It is an easement appurtenant without limits on transferability to future subdivided parcels.

b. It is perpetual and irrevocable.

c. It is recorded.

d. It prohibits the use of any interest retained by the grantor which would be incompatible with its use as a road easement to the parcel being subdivided.

e. It serves a subdivision not within a road service area and the subdivision does not rely on roads maintained by a service area for its only access. (Ord. 2019-01 § 5, 2019.)