§ 22-512.   Street Hierarchy.
   1.   Each proposed street shall be classified and designed to meet the standards for 1 of the street types by use of Appendix E. This classification should be according to the street hierarchy of the existing transportation network
   2.   Private streets may be used provided the subdivision is 3 lots or less and the Borough determines that no public benefit will be served by dedication. Applications that propose a private street shall be accompanied by a maintenance agreement in accordance with Appendix F. The maintenance agreement shall be submitted with the final plan and recorded with the Perry County Recorder of Deeds as part of the final plan. A note shall be placed on the subdivision plan referencing the maintenance agreement. This maintenance agreement shall establish the conditions under which the street will be maintained in accordance with the design approved on the final plan, and shall stipulate:
      A.   Ownership interest in the private street;
      B.   No limitations on users unless identified in the private agreement;
      C.   A statement indicating that civil court, not the Borough, is responsible for mitigating differences relating to the agreement;
      D.   The method of assessing maintenance and repair cost;
      E.   Private streets shall meet applicable public street standards;
      F.   The private right-of-way shall be 50 feet in width; and
      G.   Any amendments to the private agreement shall be submitted to the Borough for review and shall not take effect until approved and recorded with the Perry County Recorder of Deeds.
(Ord. 614, 5/11/2015)