[Ord. No. 1612 §1, 6-18-2001; Ord. No. 2749 §1, 7-6-2009; Ord.
No. 3100 §1, 9-4-2012; Ord. No. 3273 §1, 5-19-2014; Ord. No. 3435 §1, 7-20-2015]
A.
To be considered for acceptance as a public street, the street shall
meet City Code requirements as outlined below:
1.
Before the City will consider accepting the private street as
a public street, a written and signed petition or petitions must be
received from the trustees of the subdivision association controlling
the right-of-way or from the right-of-way owner(s) where there is
no subdivision association.
2.
Private streets will only be accepted in their entirety unless
a compelling public interest is identified by the Board of Aldermen.
They shall never be accepted half width or less than one (1) block
at a time.
3.
Streets shall have been constructed to meet the specifications
of the City Code in force at the time of construction.
4.
The applicant shall provide all information records about the
street construction and maintenance.
5.
The Public Works Director shall inspect for deficiencies in
the street(s). If the Public Works Director determines that soil tests
or pavement cores are necessary to accurately assess the condition
of the pavement, the cost of this work, to be completed by a firm
of the City's choosing, shall be borne by the residents applying
for acceptance of the private street.
6.
The Public Works Director will inspect the existing private
street and provide a recommendation to the Board of Aldermen pertaining
to the existing condition. Prior to the City's acceptance, current
City standards for geometry, roadside safety and right-of-way width
along with identified preventative maintenance and needed repairs
must be completed. The property owners of the private street will
be responsible for all work necessary to bring the facility into compliance
with the Public Works Director's inspection. If accepted, all
necessary rights-of-way and easements will be dedicated to the City
in accordance with current City standards. Any plans to repair or
upgrade the private street must be submitted to the Public Works Director
for review, and any repair or upgrade work must be inspected and approved
by the Public Works Director following the same procedures as a new
development.
7.
In the event the residents cannot afford to make the improvements
detailed in the Public Works Director's inspection, the Board
of Aldermen may consider forming a Neighborhood Improvement District.
8.
Except where private streets are accepted for public maintenance
under the terms herein, no public funds will be expended for maintenance
operations on private streets, including, but not limited to, snow
removal, pothole patching, resurfacing, storm sewer repairs or the
like.
[Ord. No. 1612 §2, 6-18-2001]
To file for official acceptance of a private street, applicants
shall submit an application form and an executed Instrument of Dedication
along with the appropriate fee. The application form shall require
the applicant's signature agreeing to comply with street maintenance
decisions made by the City.
[1]
Editor's Note: Former Section 510.329, Definitions, as adopted
and amended by Ord. No. 3119 §1, 11-19-2012, and former Section
510.330, Public Funding Available To Plow Private Streets, as adopted
and amended by Ord. No. 3100 §2, 9-4-2012; Ord. No. 3119 §2,
11-19-2012, were repealed 5-19-2014 by Ord. No. 3273 §§2
and 3, respectively.
