It is the intent and purpose of this section to encourage streets and rights-of-way to be dedicated to the town for ownership and maintenance whenever possible. It is a long range benefit to the entire town for streets and rights-of-way to be maintained publicly rather than privately. There may be, however, a situation in which a privately owned and maintained street is a more reasonable alternative. In any development in which a private street is allowed, the street shall conform to the following requirements:
(A) A private street shall meet or exceed the minimum geometrics, width, depth, and other construction standards and specifications for a similar street classification.
(B) The right-of-way width of a private street shall not be less than 50 feet.
(C) Street classification standards and specifications greater than those in divisions (A) and (B) above may be applied at the discretion of the town if the street is of length or of design as to actually serve as a higher classified street.
(D) The covenants of the final plat shall contain the following statement:
"The streets and public rights-of-way shown hereon are to be privately owned and maintained by the homeowners' association pursuant to the articles of incorporation of said association. The streets and rights-of-way shown hereon may become publicly owned and maintained streets only upon the express written consent by the governmental body having jurisdiction and after having been inspected and verified that they meet all current standards."
(Ord. 1999-06, passed 6-8-99)