Privateways may be allowed within subdivisions or land divisions and shall be created only where public right of way would not better serve public purposes and where privateways can adequately serve all identified transportation, utility, and stormwater handling requirements. Privateways shall be subject to the following conditions:
A. Privateways may be platted only where the village public works director determines that the proposed privateway will unlikely function as a street classified as major local or higher classification.
B. If a proposed private way is planned to serve a lot, it shall be shown on the plat creating or modifying the lot.
C. A new private way shall not be required to be narrower or wider than the appropriate class of public right of way. In general, private rights of way are to be no less than forty feet (40'). Variance from these criteria requires written approval of the village public works director and will be considered only in the case of access to one or more lots or parcels of narrow width. The minimum private roadway width for this case is twenty feet (20') for one lot and twenty four feet (24') for two (2) or more lots. More width may be required to accommodate drainage requirements. If the lands benefiting and using the easement have the potential for further subdivision, then the minimum easement widths are as follows:
1. One lot: Fifty feet (50').
2. Two (2) or more lots: Sixty feet (60').
D. A proposed plat containing a private street which, under the terms of its creation can serve more than one lot, will not normally be approved by the village planning and zoning director until the street surface is either improved as specified in the village street standards, or financial assurance satisfactory to the village public works director is posted with the village to ensure such improvement prior to the use of the street.
E. The village council on the recommendation of the village public works director may require private ways to include public or private utility easements, including easements for storm water drainage.
F. If a private way is approved, it shall clearly be identified as such on the final plat and the responsibility for operation and maintenance and the beneficiaries of the easement shall be indicated on the plat. Any legal instrument intended to assure future operation and maintenance of such private way, such as an instrument creating a homeowners' association, shall be included in the developer's submittals to the village planning and zoning department. If an easement has been created by a previous document, this document shall be referenced on the plat.
G. Private ways must, in general, be created by easements unless unusual circumstances dictate otherwise.
H. The length, width and permanent character of the private way must be suitably and legally defined by the plat establishing the lots so served, and the lots served must abut or front the proposed private way.
I. Private roads serving more than one lot must be surfaced with a minimum of six inches (6") of aggregate base course. If more than five (5) lots are served, private road surfacing shall be six inches (6") of aggregate base course and two inches (2") of asphalt concrete. A variance from these criteria requires written approval of the village public works director. (Ord. 2007-06, 8-14-2007)