Private local streets may be allowed in Planned Unit Residential Developments (PRD's) after review and approval by the Planning Commission. These private streets must meet the City approved construction and inspection standards per Section 1125.
(Ord. 25-06. Passed 7-18-06.)
Collector Streets in Planned Unit Residential Developments shall be publicly dedicated streets and conform to the appropriate design standards. The Planning Commission may also require certain streets within Planned Unit Residential Developments to be publicly dedicated if the Planning Commission determines that the project density necessitates the use of public streets and that traffic connections are required to adjacent plats or developments for adequate traffic circulation.
(a) PRD Private and Public Street Standards. Private streets may be permitted in Planned Unit Residential Developments provided they meet the following requirements:
(1) Loop or cul-de-sac streets in PRD's that are less than 500 feet in length and have twenty-five or fewer dwelling units occupying the street will be permitted to be private. The design of these streets shall provide for emergency vehicle access and shall follow the pavement composition and storm water management standards of the City for public streets.
(2) Access roads such as loop streets or cul-de-sacs within a PRD that are low volume traffic streets (Average Daily Traffic (ADT) of 100 vehicles or less) will be permitted to be private in accordance with these regulations.
A. These streets will be required to meet a 25-MPH design speed.
B. Pavement thickness for private streets shall not be less than that required for public streets.
C. Minimum pavement width shall be as follows:
4 thru 10 units 23 feet
11 thru 25 units 25 feet
D. Minimum horizontal alignment shall be as follows:
4 thru 10 units 100' radius
11 thru 25 units 150' radius
E. Minimum cul-de-sac radius shall be as follows:
4 thru 10 units 35 feet
11 thru 25 units 45 feet
F. Maximum grade shall not exceed ten (10) percent
G. A fifty (50) foot dedicated easement shall be granted to the Owners Association. If a public street, there must be fifty (50) feet of dedicated right-of-way.
H. Landscaping may be permitted to encroach five (5) on each side of the street within the easement once a landscaping plan has been reviewed and approved by the City, for safety purposes.
(b) Private Street Requirements. In all cases where private streets are permitted per these Regulations an Owner's Association shall be formed and an association document prepared to control and maintain the streets as specified in Section 1117.19(f). Such Association document is required to have the approval of the City Law Director and shall be recorded with the Subdivision Plat. The approval of a private street does not provide for or imply responsibility for construction, repair, replacement, maintenance, including but not limited to: snow or ice removal, dust control, drainage, mowing, tree trimming, etc. of any private street by an government body. All responsibility and liability remains with the Owners Association and owners of the lots served by the private street. Deed restrictions for private streets are required to 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 right-of-way. And further, the grantee(s) understand that no government body is responsible or liable for care and maintenance of said right-of-way and the grantee shall indemnify, defend and hold harmless all governmental bodies for any and all claims of any kind or nature that may arise or be related to such right-of-way.
(c) Sidewalks/Walkways and Pedestrian Access. If a pedestrian circulation system is included, it shall be designed to assure that pedestrians can walk safely and easily on a site, between properties and activities or special features within the neighborhood open space system. Sidewalks/walkways should connect with off road trails, which in turn should link with potential open space on adjoining underdeveloped parcels, (or with existing open space on adjoining developed parcels, where applicable).
The sidewalks/walkways shall be maintained by the Owners Association, or other maintenance arrangement approved by the Planning Commission. Deed restrictions for sidewalks/walkways are required to include the following language:
No governmental body is responsible or liable for the care, repair, replacement or maintenance of said sidewalks/walkways and the Owners Association for such development shall indemnify, defend and hold harmless all governmental bodies for any and all such claims or any kind or nature that may arise or be related to the sidewalks/walkways.
(d) Staging of Residential Planned Development. Each stage of a Planned Unit Residential Development must be so designed to stand independently of future related stages in the event future stages are not constructed. The construction and provision of all of the Common Open Spaces and public and recreational facilities shown on the Final Plat must proceed at the same rate as the construction of dwelling units.
(e) Open Space. For requirements regarding Open Space refer to Chapter 1114.
(f) Owners Association. An Owners Association is a viable tool for owning and maintaining various aspects of a Subdivision including but not limited to, Common Areas and Open Space, private roads and sidewalks/walkways and landscape elements (e.g. gateways, buffers). Planned Unit Residential Developments with any private streets shall provide for the establishment of an Owners Association as part of Preliminary Plan and Final Plat approval.
(1) Roles and responsibilities - Permanently protected open space created through the subdivision process all remain undivided and may be owned and managed by an Owners Association as approved by the Planning Commission. The Owners Association shall be responsible and liable for any and all construction, repair, replacement, maintenance, insurance, taxes and costs of any kind or nature on Common Areas including but not limited to: Open space, recreation facilities and private roads. The Owners Association shall indemnify, defend and hold harmless all governmental bodies for any and all claims of any kind or nature that may arise or are related to the Common areas. The Owners Association shall at all times maintain general liability insurance coverage on the Common Areas in an amount of not less than one (1) million dollars and shall increase the coverage in the future in an amount determined to be commercially reasonable at said time.
(2) A preliminary document including bylaws shall be submitted by the Developer at the Preliminary Plan Stage. The bylaws outlining the rules and regulations of the Owners Association shall be drafted in concurrence with the Subdivision Regulations. The final draft of the bylaws as approved by the Planning Commission shall be filed with the Final Plat and recorded with the County. The Owners Association shall be established before any lot/parcel in the subdivision is sold or any dwelling unit is occupied. Once established, the Owners Association shall maintain and exercise control over Common Areas, Open Space and facilities. As each lot/parcel is sold, the purchaser must become a member of the Owners Association and this membership shall be written in the deed and run with the land in perpetuity. Owners must pay a pro rate share of required costs and any assessment levied by the Owners Association can become a lien on the property if not paid.
(3) The development shall comply with the provisions of paragraph 115 of Section 1145.04 of this Planning and Zoning Code.
(Ord. 28-05. Passed 12-6-05.)