(A) Non-dedicated roadways will not be permitted in recorded subdivisions except when right-of-way standards are met:
(1) In planned unit development, condominium developments and other similarly developed subdivision in which communal development is the significant feature and is reasonably inalterable;
(2) In estate-type subdivisions consisting solely of lots which are greater than three acres in area, where roadways do not and cannot generate either through traffic or a significant volume of local traffic; and
(3) In subdivision areas where the division is primarily for the purpose of delineation or rental or leased areas and where ownership of all lots will remain vested in the subdivider.
(B) All non-dedicated roadways shall meet the following minimum requirements:
(1) All private roadways shall fall within an easement which is of the same width as the right-of-way which would be required if the roadway were to be dedicated;
(2) All building setbacks shall be measured from the roadway easement line except that in planned unit development or condominium development the Commission may, in public hearing, waive setback requirements;
(3) All private roadways shall be clearly shown as such on the record plats, a covenant note shall be entered onto the record plat stating that private roads and the maintenance of such roads are encumbrances on and carry with the land. All original deeds which may be prepared for property subdivided under this section shall carry a similar covenant;
(5) All private streets within approved subdivisions shall have covenants and restrictions that establish a Street Maintenance Fund to provide for the periodic maintenance of the streets. The Technical Advisory Committee (TAC) shall review the proposed annual dues (developers proposal) and base the amount on the number of lots versus the length of the street.
(C) Private roadways may not be dedicated and accepted by any public agency under the jurisdiction of this chapter and the jurisdiction of the signatory legislative bodies unless and until the following minimum requirements have been met.
(1) All dedicated right-of-way standards for dedicated roadways have been met in full.
(2) Street construction, in place, has been completed or has been improved to meet all current standards for dedicated public streets including, but not limited to, base construction, traffic surface construction, shoulders, drainage, alignment, grades and turnaround areas.
(3) A surety, in the form of a bond or other security acceptable to the Commission, has been filed to secure the costs of abnormal maintenance and/or repairs to the streets which may become necessary within a period of 12 months from the date of acceptance of dedication. Security shall be released at the expiration of the 12-month period.
(4) A member of the Plan Department together with a member of the County Highway Department, which will accept maintenance of the dedicated roadway, has physically inspected the roadway and the Plan Commission has issued a certificate to the effect that construction meets the published standards, that the right-of-way has been dedicated and recorded and that acceptance of dedication is not in conflict with the public interest.
(Ord. passed 7-20-1992; Ord. 1996-7-1, passed 7-1-1996)