This street and access standards section applies to the following types of development: ST; CV; CS; TD; TN; ZL; SC; CD; IP; DP; and PD.
(A) Project applicability. Private streets shall be permitted, but shall meet or exceed the standards for public streets established within this chapter and the construction standards for public streets within the city’s construction standards.
(B) Required language. When a private street easement appears on a plat, the following language shall be printed on the plat, “The developer of this real estate covenants and warrants on behalf of itself and all future owners of lots within this subdivision/development that because the streets are private, all maintenance, repairs and replacement, now and forever, shall be undertaken at the expense of the lot owners (or unit owners) in accordance with the terms and conditions set forth in the owners’ association by-law and articles. No governmental entity has any duty or responsibility to maintain, repair or replace any private street.”
(C) Location. Private streets shall be located within private street easements, rather than rights- of-way. All private street easements shall meet or exceed all the standards for rights-of-way established within this chapter, the city’s Comprehensive Plan and the city’s construction standards.
(1) Private street easement instrument specifications. The applicant shall execute a private street easement instrument in favor of the future lot owners or unit owners to which the private street provides access. The following language shall be included on the private street easement instrument:
(a) Identify the development with which the private street easement is associated;
(b) Grant future lot or unit owners the right to access the easement for purposes of accessing their lot or unit;
(c) Specify the financial responsibilities of the future lot or unit owners with respect to the alteration, repair, maintenance and removal of the improvements;
(d) Prohibit future lot or unit owners or any other person from placing any obstruction within the easement;
(e) Require that the private street be built to the city’s construction standards;
(f) Be binding on all heirs, successors and assigns to the property on which the easement is located;
(g) Be enforceable by the future lot or unit owners, the city and any other specially affected persons entitled to enforce the easement;
(h) Provide for modification or termination in the manner stipulated in this chapter;
(i) Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established;
(j) Include a metes and bounds description of the easement; and
(k) Be signed by a each property owner granting the easement and by an authorized representative of future lot or unit owners accepting the easement.
(2) Private street easement certificate.
(a) When a plan (e.g., secondary plat or development plan) is being recorded, the applicant may forego a separate easement instrument in favor of printing the following private street easement certificate on the recordable instrument: “Areas show on this plan that are designated as a “Private Street Easement” (PSE) shall be established in favor of the adjoining property owners that are hereby granted the right to enter the easement for purposes of accessing their lot. The easement prohibits the property owners or any other person from placing any obstruction within the easement. The easements are binding on all heirs, successors and assigns to the property on which they are located. The adjoining property owners or the city may enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in Chapter 165 of the city’s code of ordinances.”
(b) The dedication and acceptance of private street easements (PSE) shown on a recordable instrument shall be accomplished via a certificate of dedication and acceptance signed by the property owner of record granting the easement, and a certificate of acceptance signed by an authorized representative of the future lot owners or unit owners.
(c) If a declaration of covenants is included on the recordable instrument, the private street easement certificate shall be clearly separate from the declaration of covenants.
(Ord. 10-2010, passed - -2010, § 7.22)