(A) Hereafter, it shall be unlawful to create any private street unless a subdivision variance has been granted. To obtain a variance, the subdivider must satisfactorily demonstrate that there is virtually no current or potential public interest in the proposed private street.
(B) In every case, a variance to permit a private street shall be subject to the following conditions:
(1) That no additional subdivision shall be developed using a private street as a means of access to a public street;
(2) That the final plat will show the location and width of a private street; and
(3) That the final plat will include a certificate stating essentially as follows:
I/We, , owner/owners of the land being subdivided hereon and owner/owners of the private road/street shown hereon, declare that the private road/street is not dedicated to the public but shall remain private, to be maintained by and for the adjoining lot owners until such time that the street is improved to Village standards, dedicated and accepted by the Village of Maryville.
By:_______________ Date_____ By:_______________ Date_____
Owner Owner
(`92 Code, § 34-3-5.11)