(a) The City discourages the use of private roads, but may allow private roads as a special land use when meeting the standards of this section. The regulations for private roads contained herein shall not apply to approved private roads within platted subdivisions regulated by this Zoning Code or other provisions of these Codified Ordinances, or internal access drives to parking within approved site plans for multiple-family developments.
(b) The use of private roads must be supported by documentation accepted by Council that the property possesses unusual configuration and/or topography which would render construction of streets under City standards for grades, radii, width and/or materials impractical.
(c) An easement shall be provided of not less than twenty-four (24) feet in width for roads and utilities serving four (4) or fewer lots or single-family residential units, and not less than fifty (50) feet in width for roads serving more than four (4) homes shall be provided for private road access. This easement shall be recorded with the Register of Deeds office and a copy of the recorded easement provided to the City Clerk.
(d) Any lot accessed via a private road shall have frontage on the private road which is at least equal to the minimum lot frontage required herein for the zoning district in which the lot is located. The frontage for the lot shall be measured at the point of the beginning of the lot line designated by the Building Superintendent as the side lot line.
(e) Any lot created on a private road, along with accompanying buildings, shall comply with all site development standards applicable to the zoning district in which it is located.
(f) The maximum length of any private road cul-de-sac shall not exceed the City standard for public roads.
(g) The surface and base material of any private road shall be approved by the City Engineer as being sufficient to accommodate emergency vehicles.
(h) Issuance of a building permit for the placement of buildings/structures on lots and/or parcels on a private road shall not be considered a guarantee or warranty that adequate access exists to the lot for emergency vehicles. The City assumes no responsibility for the maintenance of or improvements to private roads.
(i) The applicant shall submit a joint maintenance agreement or master deed in recordable form that runs with the land, binds benefitting parcels, and allows the City to make any repairs or conduct any maintenance it deems necessary, and charge the property owners or homeowners’ association served by the private road for such service.
(j) The applicant shall provide a recorded statement running with the land informing purchasers that the access road is private.