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A. All private roads, shared access facilities, alleys, and ingress/egress easements (whether existing or proposed) shall be maintained and operated by the owners of the properties served by them. In order to ensure the continued maintenance and operation, a declaration of covenant requiring maintenance and operation shall be recorded with the Pierce County Auditor's Office.

B. For any proposed subdivision that proposes private roads, shared access facilities, or alleys, the declaration of covenants must be recorded with the Pierce County Auditor's Office prior to or concurrent with the recording of the final subdivision document.

C. For all other project types (single-family building permits, commercial building permits, proposed public facilities pursuant to PCC 17B.20.030, etc.) the declaration of covenants must be recorded prior to building permit approval on any of the lots.

D. The declaration of covenants shall include the following terms and requirements:

1. The agreement for maintenance and operation shall be enforceable by any property owner served by the private road, shared access facility, alley, or ingress/egress easement.

2. A means shall be established for assessing maintenance and operation costs equitably to property owners served by the private road, shared access facility, alley, or ingress/egress easement.

3. The declaration of covenants shall run with the land.

4. "Maintenance" shall include, but not be limited to, road surfacing, gates, stop signs, speed limit signs, road name signs, storm drainage facilities, and vegetation control.

5. "Operation" shall include, but is not limited to, towing of improperly parked vehicles; removal of obstructions within the easement or tract; assuring access for the local fire department; assuring that necessary sight distances are maintained; and snow/ice removal.

6. Obstructions normally located on private property or outside of an easement including, but not limited to fences, landscaping retaining walls, basketball hoops, or yard fixtures, are not allowed within private road, shared access facility, or alley easements and tracts.

7. Homeowners are responsible for assuring that the quantity, location, installation and manufacture of road name signs, stop signs, speed limit signs, and other traffic control signs are kept in place in accordance with the project construction plans on file with Pierce County.

8. Road signs names and numbers must be in accordance with Chapter 10.44 PCC.

9. Homeowners are responsible for assuring that stopping sight distance and entering sight distances are maintained in accordance with the project construction plans on file with Pierce County.

(Ord. 2010-70s § 6 (part), 2010)