A. Property Owners' Associations Required: Subdivisions developed with private streets must establish and maintain a property owners' association that includes the owners of all property served by the private street(s).
1. The association shall own and be responsible for the maintenance of private streets, associated drainage facilities, and other commonly owned properties and improvements.
2. The developer shall provide written assurance to the City that the association has perpetual existence and will be responsible for maintenance during its existence.
3. The association documents shall be filed of record prior to the signing of the final plat.
4. A legal instrument providing a mechanism for funding the perpetual maintenance of the street shall be recorded with the County prior to the recordation of the final plat. (Ord. 559, 7-12-2016)
B. Private Street Lot Required: Private streets must be legally described as a separate lot owned by the property owners' association unless the City Engineer waives this requirement upon a determination by him/her that the development would be better served by an easement providing similar functionality. The location of the private street shall be clearly depicted on the face of the plat, and notes shall be included on the face of the plat which shall: (Ord. 578, 1-9-2018)
1. Act to convey to each property owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street;
2. Provide that such perpetual easement shall run with the land.
C. Easements Required:
1. An easement encompassing the street lot shall be granted to the City and other political subdivisions and public utilities providing effective use of the property for utilities and maintenance of the same.
2. The easement shall also provide the City with right of access for any purpose related to the exercise of governmental service or function, including, but not limited to, fire and police protection, inspection, and Code enforcement.
3. The easement shall permit the City to remove any vehicle or obstacle within the street that impairs emergency access.
4. Easements for dry utilities, including electric, telephone and cable shall also be provided in accordance with the City public street standards.
5. The City may additionally require public access easements for sidewalks and/or pedestrian/bicycle paths, in order to maintain pedestrian and nonvehicular connectivity.
D. Protection Of Public Health, Safety And Welfare: The Mayor may, in the reasonable exercise of his/her discretion, direct the owners or the entity responsible for the maintenance of any private street approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it may determine is necessary to protect the public health, safety, or welfare and make such expenditures from the funds reserved therefor as may be required. The owner or entity responsible shall be deemed, as a condition of approval of any such private street, to have agreed to comply with any such order and to reimburse the City of all its costs, including attorney fees, incurred in obtaining or enforcing any such directive. Any directive entered by the Mayor pursuant to this subsection may be enforced by a court of competent jurisdiction, and the City shall be entitled to recover its costs and attorney fees incurred in connection therewith. (Ord. 559, 7-12-2016)