Except as otherwise provided by this Chapter 16, private streets (if allowed), and private utilities, easements, common areas, detention or retention ponds, and other private facilities shall be serviced and maintained by the owners thereof, and neither the Village nor any officer, agent or employee of the Village shall at any time service or maintain or offer or agree to service or maintain them. All private streets and roads shall be marked and designated as such and shall bear signage noting that such street or road is privately maintained.
When a subdivision includes a private street, private utility, common area, detention or retention pond, or other private facility, a covenant, in a form approved by the Village Attorney, shall be recorded requiring the establishment of an owners' association to provide for maintenance. The covenant shall include dues to be assessed on a no less than annual basis and a requirement that the owners' association have an annual balanced budget.