Public vs Private Roads?

[jtluttrell]

Aside from the fact that the county doesn't maintain private roads, can anyone tell me the difference in them as far as rules/laws go in TN/Hamilton County? Or find a actual county/state definition?

What exactly I want to know is: If a piece of property needs road frontage, would frontage on a private road count?

Thanks.

[Mike.357]

wouldn't it all depend on where the easement is?

[jtluttrell]

Well, if by easement you mean the private road/driveway, it cuts through property A to property B. If one wanted to subdivide A, it would need frontage on a road, hence my question. In the case that a flag lot scenario back to the public road was immpossible. I see examples of this all over the map, but I thought it would be great to find something in writing and the hamilton county zoning regulations don't mention private roads specifically.

[Farman]

Not sure if Hamilton Co. would be the same, but found this from Wasatch Co.....

Section 16.27.31 Property Access Requirements.

(1) Must Prove Right to Access. No building permit in a new subdivision shall be issued for a building that is to be constructed on a lot or parcel that does not either abut a dedicated public street or highway, or a private roadway, built to County standards that is either owned by the property owner requesting the permit, dedicated to the County, or has a recorded right-of-way sufficient to meet County standards.

( 2) Access to Business Uses. Private roads providing access to professional, commercial or industrial properties shall not go through properties zoned for residential use.

(3) Any road not already constructed at the time this code is adopted must be built to current County standards including a road-way which was previously dedicated to the County by plat recordation or other means. If the roadway is a portion of an internal subdivision road which connects to roads constructed under prior standards, the planning director may, upon good cause shown, allow the un-constructed portion of the road to be built to the same standard the connecting roads were or should have been built to, but in no case less than the standard required by the fire code.

(4) Two Access Points. At least two (2) routes for ingress and egress from any large-scale development (thirty-one (31) or more ERU’s /units) shall be provided that allows access to a State road (State maintained road) or a public class ‘B’ road (as identified by Wasatch County) at two (2) separate points. If the two access routes connect to the same road, they must comply with the fire code separation requirements. Two accesses that loop onto a dead end road do not count as appropriate access. Dead end roads would need to be extended to create through roads. If the class B road is gravel, the road as well as the access points, must be brought up to the County Standard.

*For the purpose of this chapter abutting a county road means the road to the property shall meet county standards.

(5) Maximum Number of Units Serviced by Private Driveway. There shall be no more than three (3) units/lots using a private driveway for access , provided the driveway is 20 feet wide.

Hope it helps.

[jtluttrell]

Very informative. Thanks, Farman. I began to wonder about the number of lots on a private drive. This could be an issue.