§ 161.14 PRIVATE STREET CONSTRUCTION REQUIREMENTS.
   All private streets shall be designed in accordance with the requirements presented in this section.
   (A)   All private street construction shall conform to minimum street requirements as listed in this section. When a private street is provided, the location and width must be shown on the plat. All public easements shall be shown on the plat. No additional subdivision may be developed using a private street as a means of access to a public street. Private streets shall be maintained by the lot owners within the subdivision. No public services, except for public safety that require use of such streets shall be provided. City garbage and recycling services may be permitted if an indemnification agreement is executed between the city and the persons or organizations responsible for the private streets. The plat shall clearly show that all private streets are not dedicated to the public. The plat contains the following statement: THE STREETS IN THIS SUBDIVISION ARE PRIVATE AND ARE NOT MAINTAINED BY THE CITY/COUNTY (OR TOWNSHIP). THE OWNERS ARE RESPONSIBLE FOR ALL REPAIRS AND MAINTENANCE OF SAID STREETS.
   (B)   The subdivision does not include any part of a proposed thoroughfare or street shown on the city's Major Street Plan; and the developer shall reference on the final plat the recording of a roads instrument that provides the following:
      (1)   Guarantees full right of access via any private road in the subdivision to any lot served by that road.
      (2)   Specifies the standards to which private roads in the subdivision have been designed and constructed.
      (3)   Affirms the developer's responsibility to maintain the private roads in the subdivision to the specified standards until such responsibility is formally transferred to a legally constituted association of subdivision homeowners.
      (4)   Includes a road maintenance agreement which at a minimum establishes the following:
         (a)   A legally constituted association of subdivision homeowners with specified authority to set and collect fees from members for road maintenance purposes;
         (b)   A sinking fund for emergency repair and long range improvement of subdivision roads;
         (c)   An association decision-making process; and
         (d)   An association road maintenance policy with related standards.
      (5)   Roadways shall be hard surface.
      (6)   Roadways shall have an unobstructed width of not less than 20 feet.
      (7)   Roadways with fire hydrants shall have a minimum width of not less than 26 feet.
      (8)   Roadways less than 28 feet in width shall be posted with NO PARKING - FIRE LANE signs per the following standards:
         (a)   Roadways 20 to 24 feet in width shall be posted on both sides of the street.
         (b)   Roadways 24 to 28 feet in width shall be posted on one side of the street.
      (9)   Fire apparatus access roads shall be provided for every building per Section 503 of the International Fire Code. The fire apparatus access road shall extend to within 150 feet of all portions of the exterior wall of the first floor of the building as measured by an approved route around the exterior of the building.
      (10)   Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided one of the following turnaround provisions:
         (a)   Ninety-six-foot diameter cul-de-sac.
         (b)   Eighty-foot diameter cul-de-sac with no parking.
         (c)   One hundred and twenty-foot hammerhead.
      (11)   A no parking enforcement agreement shall be required when roadways are less than 28 feet in width.
      (12)   Sight distance easements at the intersection of private roads with public street shall be equal to or greater than those required by IDOT.
      (13)   No public sanitary sewer or water mains shall be installed under a private street, except for a perpendicular crossing. A 20-foot wide public utility easement, dedicated exclusively to the city for its public utility, shall be provided to accommodate public sanitary sewer or water mains and appurtenances. If both public water and sanitary sewer utilities are installed on the same side of the street, a 30-foot wide exclusive easement for these utilities shall be provided.
(Ord. 9278, passed 6-22-2015; Ord. 9384, passed 8-12-2019)