(A) The owner of any development containing a private street which is constructed after the effective date of this article (November 20,1991) shall execute a maintenance agreement in form and substance satisfactory to the city. The agreement shall obligate the owner (or property owners if the development has multiple owners) of the development to maintain, repair and replace any private street or private storm sewer determined by the city to constitute a public hazard or public nuisance to the city or its residents and shall provide a means of paying for the cost of such maintenance, repair or replacement of the private streets and private storm sewers.
(B) The agreement shall further provide that if any units within the development are conveyed to individual owners, an association comprised of all owners of units within the development must be established prior to such conveyance. The maintenance agreement (excluding the approved site plan exhibit) shall be executed by the developer and delivered to the city prior to the city issuing final site plan approval for the development containing private streets. Prior to approval and execution of the agreement by the city, the city shall attach the final approved site plan accurately depicting the location of the private streets or private storm sewers. At the option of the city, approved legal descriptions of the private streets or private storm sewers may be attached in place of the approved site plan. The maintenance agreement requiring the owner or owners to pay the expenses of the required maintenance, repair and replacement shall be recorded against all of the property within the development after site plan approval and prior to the conveyance of any units to individual owners. The maintenance agreement shall be referenced in the master deed for any condominium development.
(C) The agreement shall authorize the installation, repair, maintenance or reconstruction of electrical, telephone, cable or other utility lines within the easement of the private street if a public easement for such purpose has not been granted by the owner. The owner shall be responsible for payment of any administrative and legal fees incurred by the city in connection with preparation or review of such agreement.
(1978 Code, § 31-23; Ord. No. 301, § 1, 11-6-91)