All lots shall front on either a public or private street.
(a) Public Streets. Unless otherwise specified in this Planning and Zoning Code, the following regulations shall govern the design and layout of lots fronting on public streets:
(1) The lot arrangement and design shall be such that all lots will provide satisfactory building sites, properly related to the topography and the character of the surrounding development.
(2) All lots shall conform to or exceed the requirements of these Subdivision Regulations and the zoning district requirements for the district in which they are located and the use for which they are intended.
(3) All side lot lines shall be at right angles to street lines and radial to curved street lines, except where the Planning Commission determines that a variation to this rule would provide a better layout.
(4) Lots with double frontage shall be avoided except where the Commission determines that is essential to provide for the separation of a residential development from arterial streets to overcome a specific disadvantage due to orientation or topography.
(5) No lot shall have an average depth which is more than four times its average width. This requirement may be waived by the Planning Commission for minor lot splits, due to the unique nature of the property.
(6) Lots shall follow the City boundary lines, whenever practical, rather than cross them.
(7) When land is subdivided into parcels larger than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical resubdivision.
(b) Private Streets. Unless another section of this Planning and Zoning Code requires a street to be a public street, any street, may be approved as a private street when the Planning Commission determines that:
(1) The private street is not planned or expected to be extended to serve property outside of the private development in which it is located.
(2) Adequate access and utility easements are provided to the satisfaction of the City and the utilities.
(3) The City retains the authority to inspect and test all work performed by the developer/contractor on the utilities and street installations.
(4) The design and layout of the private street provides adequate and safe ingress and egress to parcels.
(5) A private street shall guarantee access to a public street to all parcels with frontage thereon by easement or other instrument duly recorded in the County Recorders' Office.
(c) Property Owners Associations. As part of a non-residential development, a property owners association or similar legal entity shall be created so that, pursuant to division (b) of this section, such association is responsible for the maintenance and control of common areas, including any open space and the private streets. Such association shall become effective upon the sale of the first lot in such development. At the time of final development plan approval, the applicant shall provide the Law Director with copies of the Declaration. Articles of Incorporation, and Code of Regulations. No final development plan shall be approved without a written opinion from the Law Director stating that these submitted documents demonstrate full compliance with the provisions of this division in that these documents, read in their entirety, contain appropriate provisions implementing all of the following requirements:
(1) Membership in the Association shall be mandatory for all purchasers of lots or units in the development. The conditions and timing of transfer of control from the developer to the unit or lot owners shall be provided for as specified in the Association's Declaration or Code of Regulations.
(2) The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including common open space, without an affirmative vote of 75`% of its members, having established a successor entity to take over the property pursuant to the City's Planning and Zoning Code; and the approval of the Planning Commission and City Council.
(3) The Association shall:
A. Be responsible for maintenance, control and insurance of common areas, including the required common space and the private streets and utilities.
B. Impose assessments on members for the maintenance, control and insurance of common areas, private streets, and utilities and have the power to place liens against individual properties for failure to pay assessments as provided for by the Association's Declaration or Code of Regulations.
C. Have the authority to enforce reasonable rules and regulations governing the use of, and payment of assessments for maintenance, control and insurance of, common areas, private streets, and utilities by such means as reasonable monetary fines, suspension of the right to vote and the right to use any facilities in the common area, the right to suspend any services provided by the Association to any owner, and the right to exercise self-help to cure violations.
(4) The Association shall convey to the City and other appropriate governmental bodies, after proper notice, the right to entrance to any common area for emergency purposes in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the City shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual units, houses and vacant building lots.
(d) Pavement Width. Private streets shall be constructed with a minimum pavement width of 22 feet.
(e) Construction Standards. Except as provided in division (c) of this section, all elements of a private street shall be constructed in accordance with the construction standards set forth for public streets in Chapter 1248. However, when the Planning Commission determines that certain elements of a public street do not or should not specifically apply to a private street due to the circumstances of a particular project or portion of a project, the Commission may waive or permit a modification to the installation of any such element(s) to the extent deemed just and proper, provided such relief may be granted without detriment to the public good. This provision applies to waiving the requirement for curbs and storm sewers when the applicant demonstrates to the satisfaction of the Planning Commission that, based on the topography of the site, open space, density and other environmental considerations, the proposed open natural drainage system will equally satisfy the City's drainage requirements.
(f) Deed Restrictions. Whenever a private street is constructed, deed restrictions shall be required in the deeds of all parcels fronting said private street, which shall specifically include the following language:
"The undersigned grantee(s) hereby acknowledge(s) that (he, she, they) understand that the premises described herein is located upon a non-dedicated, private street. And further, the grantee(s) understands that no government body is responsible for care and maintenance of said private street."
(g) Parking and Storage of Vehicles. Parking and vehicle storage shall be provided in accordance with Chapter 1292.
(Ord. 58-01. Passed 5-29-01; Ord. 221-03. Passed 11-10-03; Ord. 260-03. Passed 1-12-04; Ord. 70-04. Passed 5-10-04.)