(A) Requirements. The Planning Commission may recommend approval of private streets in new subdivisions under the following circumstances:
(1) Extension of a public street is not physically feasible as determined by the City Engineer;
(2) Severe grades make it infeasible to construct a public street to meet city standards as determined by the City Engineer;
(3) The private street would not negatively affect traffic circulation on public streets;
(4) The private street would not impair access to property either on-site or off-site of the subdivision;
(5) The private street would not impair access to or from public facilities including schools, parks and libraries;
(6) The private street would not delay the response time of emergency vehicles; and
(7) Covenants which assign driveway installation and future maintenance responsibility are submitted and recorded with the titles of the parcels which are benefitted. Any subdivision containing private street(s) shall clearly designate the streets which are to be private driveway easement(s) or outlot(s) and shall be recorded as a separate document after the plat is recorded and will include the following note:
The following driveway easement(s) or outlot(s) , in this subdivision are privately owned and maintained by the lot owner(s), may not meet city standards, and will not be maintained by the city. |
(B) Existing street standards. Section 161.35 of this chapter shall also apply to existing private streets when any of the following occurs:
(1) An extension or addition is added to an existing private street;
(2) One or more lots are added to an existing private street or one or more lots along an existing private road are to be divided; or
(3) The City Council determines that an existing private street is unsafe or will not permit reasonable access to firefighting and emergency vehicles year around to all portions of the private street.
(C) Streets excluded. Streets intended for use as an arterial or collector shall not be used, maintained or constructed as private streets.
(D) Easements. Any subdivision lot(s) to which the statement contained in division (A)(7) above applies must include that statement on each deed of conveyance.
(E) Private street standards.
(1) The applicant shall provide engineering plans, profiles, details, design sections and construction standards consistent with the requirements for public streets of the same classification.
(2) Private streets shall be subject to inspection and approval by the City Engineer.
(F) Maintenance.
(1) A bona fide property owners’ association must be established and given the responsibility of ownership and perpetual maintenance of private streets, and, where appropriate, sidewalks and/or trails.
(2) Access may be via private streets with the understanding that the city will not maintain the private streets. The city may consider maintaining private streets upon the streets being brought into compliance with applicable public street standards of the city in effect at the time of application and without cost to the city.
(3) All documents are to be submitted to the city with applications for subdivision approval.
(Prior Code, § 300.15)