(a) Except as otherwise provided in this section, all lots created after the effective date of this section shall abut a public street at least to the extent necessary to comply with the access requirement set forth in Section 1175.08(b). For purposes of this subsection, the term “public street” includes a preexisting public street as well as a street created by the subdivider that meets the public street standards of this chapter and is dedicated for public use. Unless the recorded plat of a subdivision clearly shows a street to be private, the recording of such a plat shall constitute an offer of dedication of such street.
(b) Within the Conservation Overlay District, the Planning Commission may permit residential subdivisions to be developed with private roads that do not meet the public street and sidewalk standards of this chapter so long as:
(1) The proposed development will have direct access onto a public street or, if the tract has access to a public street only via a private road, such private road is improved to public standards.
(2) No road intended to be private is planned to be extended to serve property outside that development; and
(3) The standards applicable to unsubdivided developments set forth in Sections 1179.03 are complied with.
(4) The subdivider demonstrates to the reasonable satisfaction of Council, and approved by the Law Director, that the private roads will be properly maintained.
(5) Sidewalks are constructed on at least one side of the street, or other adequate pedestrian pathways are provided as determined by the Planning Commission.
(c) No final plat that shows lots served by private roads may be recorded unless the final plat contains the following notations:
(1) “Further subdivision of any lot shown on this plat as served by a private road may be prohibited by the Willoughby Planning and Zoning Code.”
(2) “The policy of the City of Willoughby is that, if the City improves streets (i) that were never constructed to the standards required in the Planning and Zoning Code for dedicated streets, and (ii) on which seventy-five percent (75%) of the dwelling units were constructed after the effective date of this chapter, then 100 percent of the costs of such improvements shall be assessed to abutting landowners.”
(d) The recorded plat of any subdivision that includes a private road shall clearly state that such road is a private road. Further, the initial purchaser of a newly created lot served by a private road shall be furnished by the seller with a disclosure statement outlining the maintenance responsibilities for the road.
(Ord. 1197-117. Passed 9-16-97.)