(A) Private roads may be utilized in planned unit developments and cluster developments, provided:
(1) Ownership and maintenance of the roads shall be the responsibility of the homeowners' association.
(2) The road design shall meet or exceed the city standards for public roads including travel by emergency vehicles.
(3) The road right-of-way shall be platted as an outlot in the final plat, and shall meet or exceed the right-of-way requirements for an equivalent public road in the city.
(4) The homeowners' association shall establish a formal, written procedure for petitioning city takeover of the road. The association shall provide written evidence that at least 90% of the voting members of the association approved the transfer of road responsibilities to the city.
(5) The city and the homeowners' association shall establish an assessment procedure for all abutting, benefiting land in case public dedication and/or upgrading of the previously existing private road is officially petitioned for by the homeowners' association.
(6) An easement is granted to the city by the association, which allows the city to use the road and road right-of-way for any reasonable public purpose, including but not limited to travel by emergency vehicles and installation of public utilities and conveniences.
(Prior Code, Ch. 300 § 746.01)
(B) Private roads shall not connect 2 or more existing or proposed public roads or road rights-of-way.
(Prior Code, Ch. 300 § 746.02)
(C) Private roadway systems within cluster developments or planned unit developments shall provide access to the public, city road system only, and shall not connect with private roads of other developments without the formal written approval of each homeowners' association and the City Council.
(Prior Code, Ch. 300 § 746.03)
(D) Before final approval is given for a private road by the City Council, the homeowners' association shall grant the city an option to acquire the full right-of-way otherwise required by the City Zoning and Subdivision Ordinances for public road purposes along the entire length of the private road, at such time as the City Council, in its sole discretion, determines that it is in the public interest to acquire the road without any cost to the city.
(Prior Code, Ch. 300 § 746.04)