(A) As assurance of adequate maintenance of private streets or private access right-of-way and other improvements on private lands where so required, the subdivider shall cause to be formed, prior to the recording of the final plat, a community association, and shall establish rules and covenants outlining the purpose, organization, and operation of the road maintenance association.
(B) Such rules and covenants shall provide, among other things, but not limited to, the following:
(1) Membership shall be mandatory for each lot purchaser and any successive buyer;
(2) The maintenance of such private streets, private access right-of-way, or other improvements must be permanent, not for just a period of years;
(3) The developer or original owner(s) shall be responsible for the maintenance of all road and other improvements until more than 50% of the lots in the development are sold. The developer may, however, on a pro rata basis, assess the purchase of the property for such up keep;
(4) All of the following conditions must be complied with to have private roads in a minor or major subdivision.
(a) The road design plans must be submitted for review with the final plat or the minor partition plat. Estimates for the cost of construction must be submitted with the plans. The Design Engineer must certify that the road, if built to the specifications in the plans, will be a usable and passable, all-weather road. The road must be approved by the county as to width and grade.
(b) Private roads must be completed to every lot before the final plat is approved or a bond will be posted and construction will be completed within one year of approval. See §§ 152.090 to 152.096 for financial guarantee arrangements. After the private roads are completed, a Design Engineer appointed by the Commission shall inspect the road system and file a report with the Commission. The Commission may, after review of this report, and upon finding that all private roads in the system are complete as designed and reasonably constructed and having found that provision has been made for continued maintenance by the developer and/or lot owners, approve the private road system. This approval is not an acceptance of the road as a dedicated public road.
(c) The developer must incorporate a provision in each prospectus, sales contract, and deed detailing that the roads accessing the lots are private, subject to tenant maintenance, are not accepted by the county, and that the county is not responsible for construction, completion, or maintenance of the roads in the event the roads are not completed or are unacceptable to the lot purchasers for whatever reason.
(d) The developer must place the following words on the plat: “The roads in the subdivision are private roads, are privately constructed and maintained. Franklin County has no responsibility for construction, maintenance, or snow removal upon or along these roads”.
(e) The developer shall place and maintain a sign, at least 18 inches by 24 inches in size, at all entry points to the private road system which states, “All roads beyond this point are private”.
(5) All private road rights-of-way shall be at least 60 feet.
(Ord. 95-3, passed 9-25-1995; Ord. 1995-3, passed 9-25-1995)