A subdivision in a district identified in the Zoning Code as a "Planned Development" shall be subject to all provisions of these Subdivision Regulations except as follows:
(a) The Planning Commission may recommend, subject to the approval of City Council, exceptions or alternatives to any provision of these Subdivision Regulations provided that the exception or alternative meets the spirit and intent of these Regulations in protecting the public health, safety, and welfare, and that the recommendation includes a statement of justification for the exception or alternative.
(b) Private Streets.
(1) Minor streets may be approved as private streets, but not arterial or collector streets or any other street deemed essential to future safety, function and completion of the public street system. The decision to approve a private street shall take into consideration such factors as traffic safety, environmental and unique physical conditions.
(2) An owner's association, approved by the Planning Commission with advice of the City Solicitor, shall be formed to control and maintain private streets in perpetuity.
(3) The approval of a private street shall not provide for or imply responsibility on the part of the City or other governmental agency for construction, repair, replacement, or maintenance of the private street or of any appurtenance thereof.
(4) Deed restrictions shall be established for all lots served by private streets as follows:
"The undersigned grantee(s) hereby acknowledge(s) that he/she/they understand: that the premises described herein is located upon a non-dedicated right- of-way; that no governmental body is responsible or liable for care and maintenance of the non-dedicated right-of-way; and that the grantee(s) shall indemnify, defend and hold harmless all governmental bodies for any and all claims of any kind or nature that may arise or be related to the non-dedicated right-of-way."
(5) The association shall, upon its establishment, convey to the City and other appropriate government bodies the right to entrance, after proper notice, to any common area, including non-dedicated streets, for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety, and welfare. The City shall have the right, after proper notice; to make improvements and to perform maintenance; to proceed against the association for reimbursement of costs thereof; and to file liens against individual owners of lots and dwellings.
(6) Where a private street is permitted and constructed, a maintenance bond shall be established after construction which shall be transferred to the property owners association.
(Ord. 2-2004. Passed 2-23-04.)