1107.03 PRIVATE STREETS.
   Private local streets may be allowed in Planned Residential Developments after review and approval by both the County Engineer and Planning Commission and provided that the local Township Zoning Resolution provides for such private streets. These private streets must meet the County approved construction and inspection standards per Section 1107.03(a).
   Collector streets in Planned Residential Developments shall be publicly dedicated streets and conform to the appropriate design standards. The Planning Commission may also require certain streets within Planned Residential Developments to be publicly dedicated if the Planning Commission determines that the project density necessitates the use of public streets and that traffic connections are required to adjacent plats or developments for adequate traffic circulation.
   (a)    Planned Residential Development Private and Public Street Standards. All public and private streets must comply with the County Engineer design and pavement composition standards as well as the following requirements. The construction of these streets will require inspection pursuant to Section 1110.07(c) and Performance and Maintenance Bonding pursuant to Section 1110.04. Private streets may be permitted in Planned Residential Developments provided they meet the following requirements:
(1)   Loop or cul-de-sac streets in Planned Residential Developments that are less than 250 feet in length and have ten (10) or fewer dwelling units occupying the street will be permitted to be private. The design of these streets shall provide for emergency vehicle access.
(2)   Access roads such as loop streets or cul-de-sacs within a Planned Residential Development that are low volume traffic streets (Average Daily Traffic of 200 vehicles or less) will be permitted to be private in accordance with these Subdivision Regulations. The following standards also apply to public streets.
A.   These public and private streets will be required to meet a 30-MPH design speed, and 175 minimum foot centerline radius and in accordance with the County Engineer Specs and Details.
B.   Centerline radii less than 175 feet may be approved for low volume loop type streets or cul-de-sacs upon review and written approval by the County Engineer.
C.   For roadways, drainage and utility easements, a fifty (50) foot dedicated easement shall be granted to the Owners' Association. The purpose of the easements should be stated on the Plat. If a public street, there must be fifty (50) feet of dedicated right-of-way.
D.   A paved snow collection area adjacent to the private street and separate from the residential unit driveways in the Planned Residential Development shall be provided for storage of snow plowed from the roadway. The size of the parking area shall be a minimum of 20% of the private roadway surface area.
(3)   Any street within a Planned Residential Development that has or is projected to have an Average Daily Traffic exceeding 200 vehicles and is a Light-Medium Traffic Local Road as classified in the County Engineer Specs and Details, Table 1 may be permitted to be private in accordance with these Subdivision Regulations. The area of the project devoted to streets and related pavement should be the minimum necessary to provide adequate and safe movement through the development. The following standards also apply to public streets.
A.   These roads will be required to meet a 30-MPH design speed, and 250- foot centerline radius.
B.   A fifty (50) foot dedicated easement shall be granted to the Owners' Association. If a public street, there must be fifty (50) feet of dedicated right-of-way. The purpose of the easement should be stated on the plat.
         C.   Include twelve (12) foot utility easement outside of fifty (50) feet.
   (b)   Private Street Requirements. In all cases where private streets are permitted per these Subdivision Regulations an Owner's Association shall be formed to control and maintain the streets as specified in Section 1106.04. Staff shall verify that submitted Owners' Association documents have been properly filed with the appropriate government bodies and shall be recorded on the Subdivision Plat. The approval of a private street does not provide for or imply responsibility for construction, repair, replacement, or maintenance, (including but not limited to: snow or ice removal, dust control, drainage, mowing, tree trimming, etc.) of any private street by any government body. All responsibility and liability remains with the Owners' Association and owners of the lots served by the private street. Deed restrictions for private streets are required to include the following language:
The undersigned grantee (s) hereby acknowledge (s) that (he, she) understand that the premises described herein is located on a private non-dedicated street. The Owners' Association is responsible or liable for the care, and repair, replacement, snow or ice removal, dust control, drainage, mowing, tree trimming, or maintenance of said private street. The Owners' Association for such Development shall indemnify, defend and hold harmless all governmental bodies for any and all such claims of any kind or nature that may arise or be related to the private street.
      (Res. 2008-026. Adopted 3-17-08; Ord. 2015-561. Adopted 1-25-16; Ord. 2023-339. Adopted 11-27-23.)