The Plan Commission may waive the requirement of a street to be dedicated to the public and approve a private street in a subdivision provided all of the following conditions are satisfied:
(A) Restrictive covenants, a written commitment, or other necessary document(s) running with the land, shall be recorded in such form as is approved by the Plan Commission to clearly state of record each of the following provisions:
(1) The Board shall never be obligated to accept a public dedication, deed, or any other conveyance of such private street.
(2) The Howard County Highway Department or city shall never be obligated to maintain or repair the street, or accept it into its maintenance program.
(3) A legally-formed community association comprised of all owners of lots in the subdivision, as well as each such owner individually, shall be jointly and severally obligated to maintain and repair each private street in the subdivision.
(4) The subdivision's community association and all owners of lots in the subdivision shall jointly and severally indemnify and hold harmless City of Kokomo, the City Council and the Plan Commission, against any loss, damage, or liability arising from claims or suits for personal injury or property damage involving the design, construction, use or maintenance of a private street in the subdivision.
(5) While the use of a private street may be restricted to owners of lots in the subdivision, or their guests, an express easement shall be granted to public and quasi-public agencies for use of such streets by emergency, utility, and school vehicles and personnel, and for any other purpose the Plan Commission reasonably believes is necessary or appropriate.
(B) Title to each private street in the subdivision shall be properly conveyed by warranty deed to the subdivision's community association.
(C) Evidence of the legal formation of the subdivision's community association shall be recorded.
(D) A maintenance bond to the city, with coverage comparable to that required for public streets, for the benefit of the subdivision's community association and lot owners, shall be provided by the developer of the subdivision, if the Plan Commission finds such a bond necessary.
(E) A sign, meeting the standards of the city, must be posted declaring the street is privately maintained.
(F) The ownership, operation and maintenance of any private street or place shall be subject to any action by the Board of Public Works and Safety and when it relates to serviceability for the facilitation of city services such as, but not limited to, trash pickup, fire protection, police services, or any such required municipal service.
(G) A detailed signage plan shall be provided to ensure appropriate, minimum controls are in place for public safety.
(Ord. 6405, passed 4-10-06)