From and after the passage of this article, private streets shall be governed and permitted as herein provided.
(1972 Code, sec. 22-7; Ordinance 2318 adopted 1/17/1984; 1995 Code, sec. 97.07)
For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
A right-of-way, not dedicated to public use, but owned and maintained by all the property owners fronting on the street.
A right-of-way, dedicated to public use, which provides vehicular and pedestrian access to adjacent properties.
The area between property lines dedicated to public use or retained for private use which provides vehicular and pedestrian access to adjacent properties.
(1972 Code, sec. 22-7;1995 Code, sec. 97.07(A))
(a)
The subdividing of all land shall be such as to provide, by means of public or private streets, each lot with satisfactory access by fronting directly on a public street or fronting on a private street owned jointly by all property owners, which private street shall intersect a public street with a minimum width of 50 feet.
(b)
When and if accepted as a private street, there shall be no public maintenance of same by the city, and the city shall not be responsible for any traffic control thereon.
(c)
Private streets may be permitted in any subdivision except when, in the judgment of the planning and zoning commission, to do so would be contrary to good planning and/or the comprehensive master plan of the city. A decision by the planning and zoning commission to refuse to permit a private street may be appealed to the city council by written application filed within 30 days of the planning and zoning commission decision.
(d)
The size and construction of private streets shall in all respects conform to public street requirements.
(e)
The city shall be granted, in perpetuity, adequate easements for all utilities, including garbage pickup and access for police, fire and other emergency vehicles.
(f)
All private streets shall be owned in common, non-exclusively, by all property owners adjoining the street. The ownership shall be reflected and held by a homeowners’ association, other legal entity or persons acceptable to the city, which shall be responsible for all maintenance. The city shall be provided a contract with the property owners, granting to the city the rights of a third-party beneficiary, to enforce all of the obligations of the homeowners’ association or other entity, and, if necessary, to establish and perfect a lien to require all necessary improvements.
(g)
The homeowners’ association or other entity shall be responsible for traffic control on the private streets, and for all maintenance; however, if it is not so controlled or maintained to the satisfaction of the city council, within 90 days after notice by the city, the city may require the street to be dedicated to the public.
(h)
All private streets shall be so designated by a sign at the entrance adequate to put the public on notice that the street is private property.
(i)
If gates are provided at the entrance, they shall be attended at all times or be of a type that will open without the necessity to get out of the automobile.
(j)
If the city council determines at any time that good planning, the orderly development of the city, or for any other justifiable cause, the needs of the city are better served by the private street being made public, it may require, after 90 days’ notice, that the homeowners’ association or other entity dedicate street to public use.
(k)
The property owners shall, by contract, empower the city to declare the street public by adoption of a resolution and by filing a copy of the contract and the resolution of record in the deed records of the county.
(l)
Any election by the city to require dedication for public use of the streets shall be done only by an affirmative vote of five members of the city council.
(1972 Code, sec. 22-7; 1995 Code, sec. 97.07(B))