§ 38-20. Use of stub streets for vehicular access.

(a)

The terminus of a stub street shall not be used for vehicular access to an abutting parcel of land except under the following circumstances:

(1)

When the abutting parcel of land is used for agricultural, construction, or land sales purposes and is used with the written consent of the county engineer, which consent shall not be withheld except where reasonable to protect the safety of motorists using the roadway; or

(2)

When such access is granted under the terms of an approved subdivision, planned development, or special use permit duly approved by the appropriate governing body under the terms of the subdivision regulations.

(b)

No person shall remove or cause to be removed any existing barricade, traffic warning sign or signal device marking the end of a stub street, until such removal has been authorized by the county engineer.

(c)

The end of a stub street shall not be used to satisfy the requirements for road frontage for the purposes of obtaining a building permit under the terms of the subdivision regulations.

(d)

The county engineer is hereby authorized to barricade and mark the terminus of any stub street not authorized for access under the terms of this section, in order to prevent injury to motorists attempting to use such stub street, until such time as such access is approved by the county commission.

(e)

A violation of any of the terms of this section shall constitute an offense punishable by a maximum fine of $50.00 and, in addition, shall be subject to enforcement through injunctive orders and other equitable relief.

(Code 1992, § 26.5-22; Ord. No. 133, §§ 1—5, 12-20-1993)