Upon filing of a complete application, payment of the fee, posting of a construction bond and dedication of additional right-of-way, if required, the land use administrator may issue a permit authorizing the construction of road improvements and permanent use thereof on unopened or unmaintained city street right-of-way for access to the applicant’s property. Such permit shall contain the following:

A. Required Improvements. The permit shall specify minimum improvements required by the land use administrator in accordance with the standards set forth in BIMC 12.32.050. Construction of such improvements to the satisfaction of the land use administrator shall be completed prior to occupancy or within one year, whichever occurs first, or the permit shall lapse. The permittee shall be responsible for proper notice to the land use administrator requesting necessary inspections.

B. Signs. The permit shall require that the authorized roadway be posted at its entrance with “Privately Maintained Road” and/or “End of City Maintained Road” signs provided by the land use administrator.

C. Approvals. Upon completion of required improvements, the public works director or designee shall indicate his approval on the permit and make appropriate notation thereof upon official city street right-of-way records.

D. Covenant. The permit shall include a covenant running with the land for the benefit of the city of Bainbridge Island which covenant shall be filed with the Kitsap County auditor and contain:

1. A legal description of the lot or parcel to be served by the access permit;

2. A statement regarding the nature of access to such parcel;

3. A statement that the owner(s) of the parcel will not oppose participation in a local improvement district for road improvements, when formation of such a district is deemed necessary by the city;

4. A statement that responsibility for maintenance of the road rests jointly and equally upon all permit holders;

5. A prohibition against allowing additional lots access to the road and a prohibition against subdividing such parcel without obtaining either plat or short plat approval therefor, or if exempt from platting, an access permit for the additional lots being created;

6. Provision is made for the road to be open at all times for emergency and public service vehicle use;

7. A statement that the covenant is binding on the successors and assigns of the owner(s); and

8. The acknowledged signature(s) of the owner(s) of record of such parcel. (Ord. 2001-41 § 2, 2001; Ord. 85-02 § 1, 1985)