(A) (1) Except as otherwise provided in this section, all lots created after the effective date of this section shall abut a public street at least to the extent necessary to comply with the access requirement set forth in § 152.321.
(2) For purposes of this division (A), the term PUBLIC STREET includes a preexisting public street as well as a street created by the subdivider that meets the public street standards of this chapter, and is dedicated for public use.
(3) Unless the recorded plat of a subdivision clearly shows a street to be private, the recording of such a plat shall constitute an offer of dedication of such street.
(B) Architecturally integrated residential subdivisions containing 25 or more dwelling units may be developed with private roads that do not meet the public street and sidewalk standards of this chapter so long as:
(1) The proposed development will have direct access onto a public street or, if the tract has access to a public street only via a private road, then such private road is improved to public street standards;
(2) No road intended to be private is planned to be extended to serve property outside that development; and
(3) Compliance with the standards applicable to non-subdivided developments set forth herein.
(C) Architecturally integrated subdivisions containing any number of dwelling units may be developed with private roads that do meet the public street and sidewalk standards of this chapter but that are not intended for dedication to the public so long as:
(1) The proposed development will have direct access onto a public street or, if the tract has access to a public street only via a private road, such private road is improved to public street standards;
(2) No road intended to be private is planned or expected to be extended to serve property outside the development; and
(3) The subdivider demonstrates to the reasonable satisfaction of the Board of Commissioners that the private roads will be properly maintained.
(D) A subdivision in which the access requirement of § 152.321 is satisfied by a private road that meets neither the public street standards nor the standards set forth in § 152.321 may be developed so long as, since the effective date of this chapter, not more than three lots have been created out of that same tract.
(1) The intent of this division (D)(1) is primarily to allow the creation of not more than three lots developed for single-family residential purposes; therefore, the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) may not approve any subdivision served by a private road authorized by this division (D)(1) in which one or more of the lots thereby created is intended for two-family or multifamily residential use or any other residential or nonresidential use that would tend to generate more traffic than that customarily generated by three single-family residences.
(2) To ensure that the intent of this division (D)(2) is not subverted, the permit-issuing authority may, among other possible options, require that the approved plans show the types and locations of buildings on each lot, that the lots in a residential subdivision served by a private road be smaller than the permissible size of lots on which two-family or multifamily developments could be located, or that restrictive covenants limiting the use of the subdivided property in accordance with this section be recorded before final plat approval. If the improvement is an amenity, not required by this chapter, or is provided in response to a condition imposed by the permit-issuing authority, then the developer may utilize the provisions of § 152.055.
(E) Final plats that show lots served by private roads may not be recorded unless the final plat contains the following notations:
(1) “Further subdivision of any lot shown on this plat as served by a private road may be prohibited by the Pinebluff Land Use Ordinance;” or
(2) “The policy of the Town of Pinebluff is that, if the town improves streets that were never constructed to the standards required in the Land Use Ordinance for dedicated streets, and on which 75% of the dwelling units were constructed after the effective date of this chapter, then 100% of the costs of such improvements shall be assessed to abutting landowners.”
(F) The recorded plat of any subdivision that includes a private road shall clearly state that such road is a private road. Further, the initial purchases of a newly created lot served by a private road shall be furnished by the seller with a disclosure statement outlining the maintenance responsibilities for the road.
(Ord. passed 12-20-2001) Penalty, see § 152.999