5-1.01 
All subdivisions of land subject to these Subdivision Regulations shall conform to the following minimum design standards. Such design standards shall govern the approval of subdivision plats by the Planning Commission and the acceptance of land dedicated to public use by the Board of County Commissioners.
5-1.02 
Care shall be exercised in the design and laying out of streets, lots and other elements so that good planning principles are followed, efficient use is made of land and that natural assets such as trees and topography are retained wherever possible.
5-2.01 
No land in the F-P Floodplain Overlay District shall be subdivided for any use not permitted by the underlying zoning district as presented in the County's Zoning Regulations.
5-2.02 
Subdivisions in the F-P Floodplain Overlay District shall be designed in accordance with standards established in Article 12 (Floodplain Overlay District) of the Miami County Zoning Regulations. Such subdivision proposals shall be designed to assure that all such proposals are consistent with the need to minimize flood damage, that all public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage, and that adequate drainage is provided so as to reduce exposure to flood hazards.
5-3.01 
Conformance with the Comprehensive Transportation Plan. To provide reasonable vehicular movement, arterial streets and collector streets shall be properly integrated with the existing system of streets and highways, as well as with the proposed system of streets and highways presented in the Miami County Comprehensive Transportation Plan.
This article recognizes that the infrastructure and services needed by development are available in varying degrees within the County. Areas in the cities usually have existing or planned infrastructure, which would be adequate to meet the needs of existing and planned future development. In most of unincorporated Miami County, however, the existing or planned infrastructure usually is adequate only for existing development and, perhaps, very limited, additional rural development is either available or included in planned infrastructure improvements in a few County areas. Descriptions and summaries of available infrastructure are included in the Comprehensive Transportation Plan. The County's Capital Improvements Plan summarizes capital improvement projects the County plans to undertake within five (5) year periods.
The Comprehensive Plan establishes important public policies for rational and orderly development patterns and practices which respect natural and man-made constraints and opportunities for development in the County. The minimum infrastructure requirements and the infrastructure recommendations in this article support the plan, and are intended to help implement the important public policies, goals, and objectives established in the plan. This article also is intended to support the implementation of other development policies, regulations, and design and construction standards such as the Environmental Health Sanitary Code, the Street Construction and Storm Drainage Standards for New Subdivisions, and the Fire Code, as adopted by the County.
Furthermore, it is the purpose of this article to help control and prevent premature land development, which might pose a threat to the health, safety or general welfare of the community at large, or occupants of land in the particular area near new development. Applications for rezoning, conditional use permit, final development plan, or final plat approval shall not be approved without public facilities and services available or provided in accordance with this article.
5-3.02 
Conformance with Miami County Entrance Policy: All access points shall conform to the County's Entrance Policy. Said policy may be obtained from the office of the County Engineer.
5-3.03 
Relationship to Adjoining Streets: Any existing or platted arterial, collector, or local street that terminates at the boundary line of a proposed subdivision shall be continued into the subdivision and bear the name of the existing street.
5-3.04 
Local Streets: Local streets shall be in a logical layout, conform to topographic conditions, and discourage use by through traffic. Where possible, local streets shall be planned to conveniently channel traffic onto collector and arterial streets. Local streets intersecting opposite sides of another local, collector, or arterial street shall be in line or offset one hundred twenty-five feet (125') or more.
5-3.05 
Street Intersections: Streets shall be designed to intersect as nearly as possible at right angles except where topography or other natural conditions justify a variation. However, in no instance shall two (2) streets intersect at an interior angle less than seventy-five degrees (75×) without written consent of the County Engineer.
5-3.06 
Dead-End Streets and Cul-de-sacs: Dead-end streets shall not be approved unless such dead-end streets are proposed to connect with future or existing streets on adjacent land. Where such vehicular connection is not essential, a permanent dead-end street shall be a cul-de-sac. A cul-de-sac shall be no longer than seven hundred feet (700') for suburban density residential uses (subdivisions with lots or lot density smaller than three acres). A cul-de-sac shall be no longer than one thousand feet (1,000') for rural density residential uses (subdivisions with lots three acres or larger). Cul-de-sacs shall have an adequate turnaround with a minimum right-of-way radius at the closed end of fifty feet (50') for suburban density subdivisions and sixty feet (60') for rural density subdivisions and commercial, office, and industrial subdivisions. Temporary dead-end streets longer than one hundred feet (100') shall have a temporary turnaround area to provide service equal to the cul-de-sac requirements stated above.
1. 
Temporary Cul-de-sac Note: This note shall be placed on the final plat when a temporary cul-de-sac is used: "Temporary cul-de-sac with 60-foot radius temporary right-of-way to remain until road is improved to a proper terminus."
5-3.07 
Right-of-way Standards: Right-of-way (ROW) standards for new public streets in subdivisions shall not be less than the minimum dimensions for each of the following street classifications:
Street Classification
Local Street ROW
Collector Street ROW
Rural Density* Subdivisions
Suburban Density+ Subdivisions
Rural Density* Subdivisions
Suburban Density+ Subdivisions
Arterial Street ROW
80' (60')^
80' (50')^
100'
100'
120'
Notes:
* Subdivisions with lots or lot density three (3) acres or larger
+ Subdivisions with lots or lot density less than three (3) acres
^ May be reduced to 60' or 50' for internal local roads by County Engineer based on adopted design criteria outlined in the Miami County Street and Storm Drainage Standards for New Subdivisions
5-3.08 
Dedication of Subdivision Street Rights-of-Way: Street rights-of-way (ROW) in new subdivisions that are to be dedicated for public use shall be dedicated in conformity with the standards as shown in Section 5-3.07 of this article.
5-3.09 
Dedication of Abutting Street Rights-of-Way: When a proposed subdivision abuts an existing public right-of-way for a local, collector or arterial street, as shown in the Miami County Comprehensive Transportation Plan, then the owner of the land proposed to be subdivided shall dedicate, without charge, any land within the subdivision that is necessary to provide conformity with the right-of-way standards in Section 5-3.07 of this article provided, however, that right-of-way dedications shall not be required for any lots, parcels or tracts divided into a density equal to or less than one dwelling unit per 35 gross acres. Said dedication shall be shown on the preliminary and final plat or the Certificate of Survey if the subdivision is a lot/parcel split.
5-3.10 
Private Streets: Private streets shall not be allowed in any subdivision, resubdivision, plat, replat, or lot/parcel split approved after the effective date of these Regulations, unless they are incorporated as an element of a planned development in a Planned Development District.
5-3.11 
Additional Street Standards: Street design standards other than those listed in this article shall conform with the standards adopted by resolution of the Board of County Commissioners. Said standards may be obtained from the office of the County Engineer.
5-3.12 
Minimum Infrastructure Requirements:
1. 
Road Access and Improvements
No subdivision shall be approved which does not have access to an improved and dedicated County road or approved private street. Where a subdivision obtains access from a road which does not meet minimum County standards, the access road shall be improved to a minimum width of twenty-four feet (24') on a minimum 80 feet of right-of-way, meeting applicable safety standards, including shoulders and being constructed to final grade. Additional road width may be required to meet safety standards. A guarantee may be required where necessary, in compliance with Section 6-2 of the Miami County Subdivision Regulations.
Where a subdivision abuts a master planned road, utilities or drainage system, the subdivider shall complete the subdivision's portion of such improvements the full length of the project in conformance with the approved County plans, including the Miami County Comprehensive Transportation Plan and Miami County Street and Storm Drainage Standards for New Subdivisions.
A. 
When required by the County, mitigation of off-site impacts as well as providing adequate public infrastructure to the development will be the responsibility of the subdivider. A Traffic Impact Study (TIS) will be required unless otherwise approved by the County Engineer. The TIS may aid in the determination of off-site impact mitigation.
B. 
The arrangement of streets in new subdivisions shall make provision for the continuation of the streets in adjoining areas insofar as such continuation or access shall be deemed necessary by the County Engineer. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision of utilities, and where such continuation is in accordance with the County's Comprehensive Transportation Plan. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line and a temporary turnaround shall be provided.
C. 
For subdivisions on existing County roads, the subdivider shall be responsible for all costs associated with a street standard determined by the Traffic Impact Study (TIS) and in accordance with the County Comprehensive Transportation Plan. Infrastructure improvement requirements shall be based on a TIS as approved by the County Engineer. The County-at-large will incur all costs associated with construction in excess of that street standard. The subdivider may not define street standards which are less than the minimum requirements of the Subdivision Regulations.
2. 
Required Minimum Infrastructure
In each zoning district, at least the minimum infrastructure required by this article must be available for each phase of development. The minimum infrastructure required shall either be available or provided before approval of zoning, final development plan, or final plat. Otherwise, the approval of any final development plan or final plat shall be conditioned on the required infrastructure being provided fully before land is used in accordance with such approval. Such conditional approval shall be allowed if the applicant:
A. 
Assures that the required infrastructure of utilities, facilities or services:
(1) 
Shall be provided by the subdivider or others;
(2) 
Shall be available before the site is used in accordance with the Zoning Regulations;
(3) 
Shall be essentially equivalent to and in accordance with the standards of the agencies which would normally provide such infrastructure, facilities or services;
(4) 
If provided privately, shall be continuously provided, operated, and maintained until equivalent infrastructure is available from other sources; and,
(5) 
Written verification(s), such as executed agreement(s) and surety for the agreement(s), acceptable to the County shall be provided before the application is approved.
B. 
Makes provisions acceptable to the County for off-setting any added public cost or early commitment of public funds necessitated to provide the utilities, facilities or services needed by such development.
3. 
Minimum Infrastructure for Conditional Uses
Each conditional use shall be considered with respect to the infrastructure available and whether additional or improved infrastructure would be needed for the proposed conditional use. The minimum infrastructure requirements in this article shall be guidelines for interpretation of the minimum infrastructure required for each conditional use. If additional or improved infrastructure would be needed, a conditional use permit may be approved if the applicant shall comply with Section 5-3.12.2. A or B immediately above.
5-3.13 
Infrastructure Categories:
1. 
Roads
Category 1. Exterior off-site roads serving Residential Subdivisions where the density is less than one (1) dwelling unit per ten (10) acres: Any abutting gravel road shall have at least a 24-foot wide driving surface. Any subdivision that includes five (5) or more lots shall provide access to all proposed lots with an internal subdivision road constructed to County design criteria and no lot shall have direct access onto a local, collector or arterial road as designated by the Miami County Comprehensive Transportation Plan, except that the agriculturally preserved parcel in an Agricultural Preservation Subdivision may be allowed to access a local or collector road. Those lots, regardless of their area, that are allowed to directly access a collector or arterial road, as designated by the Miami County Comprehensive Transportation Plan, shall provide a common access easement between each set of two lots to minimize access to such roads. Lots less than 20 acres in gross land area that are allowed to directly access a local road, as designated by the Miami County Comprehensive Transportation Plan, shall provide a common access easement between each set of two lots to minimize access to such roads. Lots 20 acres or greater in gross land area that are allowed to directly access a local road, as designated by the Miami County Comprehensive Transportation Plan, are encouraged to but shall not be required to provide a common access easement between each set of two lots.
Category 2. Exterior off-site roads serving Residential Subdivisions where the density is between and includes one (1) dwelling unit per three (3) acres and one (1) dwelling unit per ten (10) acres: Any road that provides direct access to local roads in the subdivision or individual lots in the subdivision shall have at least a chip-and-seal surface and such surface shall be continuous to a collector or arterial road that has at least a chip-and-seal surface. Any abutting gravel road that does not provide direct access to the subdivision or individual lots in the subdivision shall have at least a 24-foot wide driving surface. Any subdivision that includes five (5) or more lots shall provide access to all proposed lots with an internal subdivision road constructed to County design criteria and no lot shall have direct access onto a local, collector or arterial road as designated by the Miami County Comprehensive Transportation Plan. Those lots, regardless of their area, that are allowed to directly access a collector or arterial road, as designated by the Miami County Comprehensive Transportation Plan, shall provide a common access easement between each set of two lots to minimize access to such roads. Lots less than 20 acres in gross land area that are allowed to directly access a local road, as designated by the Miami County Comprehensive Transportation Plan, shall provide a common access easement between each set of two lots to minimize access to such roads. Lots 20 acres or greater in gross land area that are allowed to directly access a local road, as designated by the Miami County Comprehensive Transportation Plan, are encouraged to but shall not be required to provide a common access easement between each set of two lots.
Category 3. Exterior off-site roads serving Residential Subdivisions where the density is between one (1) dwelling unit per one (1) acre and one dwelling unit per three (3) acres: Any road that provides direct access to local roads in the subdivision or individual lots in the subdivision shall have at least an asphalt overlay surface and such surface shall be continuous to a highway or an arterial or collector road that has at least an asphalt overlay surface. Any abutting gravel road that does not provide direct access to the subdivision or individual lots in the subdivision shall have at least a 24-foot wide driving surface. Any subdivision that includes five (5) or more lots shall provide access to all proposed lots with an internal subdivision road constructed to County design criteria and no lot shall have direct access onto a local, collector or arterial road as designated by the Miami County Comprehensive Transportation Plan. Those lots, regardless of their area, that are allowed to directly access a collector or arterial road, as designated by the Miami County Comprehensive Transportation Plan, shall provide a common access easement between each set of two lots to minimize access to such roads. Lots less than 20 acres in gross land area that are allowed to directly access a local road, as designated by the Miami County Comprehensive Transportation Plan, shall provide a common access easement between each set of two lots to minimize access to such roads. Lots 20 acres or greater in gross land area that are allowed to directly access a local road, as designated by the Miami County Comprehensive Transportation Plan, are encouraged to but shall not be required to provide a common access easement between each set of two lots.
Category 4. Exterior off-site roads serving Residential Subdivisions where the density includes and is greater than one (1) dwelling unit per one (1) acre: Any road that provides direct access to local roads in the subdivision shall have at least an asphalt overlay surface and such surface shall be continuous to a highway or an arterial road that has at least an asphalt overlay surface. All roads abutting the subdivision shall have at least an asphalt overlay surface continuous to a local, collector or arterial road that has at least an asphalt overlay surface. Abutting roads onto which local roads in the development connect shall be improved to at least the Type "B" Collector Road Standard adjacent to the development. Lots shall not have access directly onto a local, collector or arterial road as designated by the Miami County Comprehensive Transportation Plan.
Category 5. Exterior off-site roads serving Commercial or Industrial Zoned Sites: All section line and ½-section line roads abutting the development shall be paved to at least the Type "B" Collector Road Standard, and at least one (1) paved road of this type shall provide continuous access to the development and shall be continuous to the nearest arterial or other collector road that has at least an asphalt overlay surface. Any subdivision that includes five (5) or more lots shall provide access to all proposed lots with an internal subdivision road constructed to County design criteria and no lot shall have direct access onto a local, collector or arterial road as designated by the Miami County Comprehensive Transportation Plan. Those lots that are allowed to directly access a local, collector or arterial road, as designated by the Miami County Comprehensive Transportation Plan, shall provide a common access easement between each set of two lots to minimize access to such roads.
Category 6. All Interior, On-Site Roads: All roads in any subdivision or development shall be designed and constructed to comply with the existing applicable County design criteria, construction standards, policies and regulations for new streets. Such roads shall be paved to at least the Type "B" Local Road Standard.
2. 
Storm Drainage (All Categories): Storm drainage systems and facilities shall be available or designed and constructed to comply with the existing applicable County design criteria, construction standards, policies and regulations for storm drainage systems and facilities. The development shall also comply with the existing applicable County Floodplain Regulations.
3. 
Traffic Studies: Plats with Category 4, 5 and 6 roads or any plat with more than 20 proposed lots, require submittal of a full Traffic Impact Study for the proposed development. Plats with Category 1, 2 and 3 roads that have 8 to 20 proposed lots must submit a Traffic Generation and Pavement Impact Summary Report. Infrastructure improvements may be required as determined by the County Engineer. The study or report shall be performed by a Kansas licensed professional engineer. The study or report with proposed road improvements must be submitted with the preliminary plat, and must be approved by the County Engineer prior to acceptance of the final plat.
5-4.01 
In general, intersecting streets determining block lengths shall be provided at such intervals to serve cross traffic adequately and to meet existing or future streets. Where no existing plats control, the blocks shall not exceed one thousand three hundred twenty feet (1,320') between centerlines of streets, except variations may be approved by the Planning Commission upon favorable recommendation by the County Engineer in instances where topography or other conditions prohibit compliance.
5-4.02 
Sidewalks and Walkways: Sidewalks or pedestrian walkways may be required, upon recommendation of the Planning Commission and approval of the Board of County Commissioners, where deemed necessary to provide convenient and safe access to schools, parks, playgrounds or other public or private community facilities. Construction requirements for surfaced walkways are on file with the County Engineer.
5-5.01 
Access: All lots within a newly created subdivision or lot/parcel split shall have at least one (1) lot line adjacent to a public street or road. If the lots are within a Planned Development District with approved private streets, then at least one (1) lot line shall be adjacent to an approved private street or a public street or road. In no instance shall access to any lot within a newly created subdivision or lot/parcel split be granted solely by access easement or other similar technique except as specified below. If the lot is an existing legal lot of record and the County authorized the vacation of the street that was adjacent to that lot or there never was a street adjacent to that lot, then access by an approved easement may be allowed. Access by easement may also be allowed for legal non-conforming lots or tracts which were created prior to January 1, 1992, where the property is accessed solely by an existing access easement or driveway, and the number of dwelling units will not be increased as the result of a land division. Any newly created lots that result from the land division of a legal non-conforming lot as specified above must comply with all other requirements of the zoning district in which it is located, including height, area and yard setbacks and shall provide an access road with sufficient improved road surface width to accommodate emergency vehicles as specified in the international fire code as adopted by Miami County. An approved public or private street or approved access easement shall be in place as recorded in the office of the Register of Deeds prior to the issuance of a building permit for any residential building or other non-agricultural structure.
5-5.02 
Lots on Collector and Arterial Thoroughfare Streets: The number of lots with direct access to arterial streets as shown in the Miami County Comprehensive Transportation Plan shall be kept to a minimum in each subdivision.
5-5.03 
Lots on Freeways or Thoroughfares: Residential lots shall not have direct access to freeways as shown in the Miami County Comprehensive Transportation Plan. No person shall construct or have constructed a driveway on a subdivision lot with direct access onto such freeways, and any subdivision plat hereafter recorded shall contain language prohibiting the same. Unplatted lots facing on freeways shall conform to the Miami County Zoning Regulations and to the Board of County Commission resolution which establishes, regulates and limits setback lines on highways as authorized by K.S.A. 12-749.
5-5.04 
Conformance with the Zoning Regulations: The area, width, and depth of lots shall conform to the Miami County Zoning Regulations, with the exception of flag lots that may be considered to help preserve agricultural and sensitive lands (see Section 5-5.07 concerning flag lots). Other factors to consider relief from the Zoning Regulations shall follow the appeal, exception or variance procedures outlined in the Zoning Regulations.
5-5.05 
Double Frontage Lots: Double frontage lots shall be avoided for single-family and two-family residential dwellings, but may be considered where the lots abut upon a thoroughfare, arterial, or collector street as shown in the Miami County Comprehensive Transportation Plan or where the topography of the land prevents reasonable subdivision into additional lots. Double frontage lots shall not have vehicular access between such lots and an abutting thoroughfare, arterial, or collector street.
5-5.06 
Lot Depth to Width Ratio: The lot depth to lot width ratio shall comply with the applicable Zoning Regulations, with the exception of flag lots.
5-5.07 
Flag Lots: Flag lots are intended to only be utilized for the preservation of agricultural and sensitive lands, and are not intended to act in lieu of an interior subdivision road built to county standards. After determination by the Planning Commission that standard lots are not feasible, the Planning Commission may, in order to encourage more efficient use of land and to help preserve agricultural and sensitive lands, allow flag lots to be developed subject to the following conditions.
1. 
The property cannot be subdivided with typical street frontage either at the present or in the foreseeable future.
2. 
The staff portion of said lot shall front on a dedicated public or approved private street. The minimum width of the staff shall be thirty feet (30').
3. 
No building or construction, except for driveways, shall be allowed on the staff portion of said lot.
4. 
The staff portion must make accommodation for Building Code designated fire lane access (turnouts within a long staff).
5. 
All lot size and setback requirements shall be the same as required by the zoning district in which the lot is located. The staff portion of the lot shall not be used to calculate the minimum lot size. Setbacks shall be shown on the plat and approved by the Planning Commission.
6. 
No more than two flag lots or four dwelling units may be served by one thirty-foot (30') wide staff. Common staffs (back to back flag lots) must provide a total of 60 feet (60') of staff width. Frontages for all lots must accommodate Miami County access spacing requirements. Common staffs and restricted access locations must include a common access easement placed across the common lot line.
7. 
Each flag lot shall be specifically approved by the Planning Commission.
5-6.01 
Alleys shall not be permitted in residential areas unless they are incorporated as an element of a planned development in a Planned Development District.
5-7.01 
Utility Easements: Permanent utility easements shall be provided where necessary to serve the subdivision. Utility easements shall be centered on rear and/or side lots lines and shall be at least twenty feet (20') wide, except that easements for street lighting purposes may be located along front lot lines and shall measure at least ten feet (10') wide.
5-7.02 
Drainage Easements: For areas outside of the special flood hazard area, as shown on the flood insurance rate map, drainage easements shall be required for any water courses, drainage channels or streams depicted on a United States Geological Survey map (solid or dot-dashed blue lines) which traverse those lots platted at less than 20 acres, and is optional for lots platted at 20 acres or more. The width of the drainage easement shall be a minimum of twenty-five (25) feet from either side of the ordinary high water mark of the water course, drainage channel or stream.
5-7.03 
Pedestrian-way Easements: Where the Planning Commission has recommended the installation of sidewalks or walkways within a subdivision and said improvements have been approved by the Board of County Commissioners, a pedestrian-way easement may be required. Such easement shall have a minimum width of ten feet (10').
5-9.01 
Where it is intended that a subdivision will be developed in two (2) or more phases, all road and drainage improvements shall be designed for each phase so as to function independently of that portion of the subdivision not included in the developed portion.
5-10.01 
A planned development within a Planned Development District may be approved by the Planning Commission even though the design of the project does not include standard street, lot and subdivision arrangements; provided, however, that variation from the standards of these Regulations can be accomplished without destroying the purpose and intent of these Regulations.
5-11.01 
Use of Private Streets
1. 
All subdivision lots shall have frontage on a dedicated public street improved to County standards unless the Planning Commission, after receiving the recommendation of the County Engineer, approves the use of a private street. The County Engineer will not approve the use of private streets, alleys, or ways except where the County Engineer finds that public dedication is not necessary. Where the County Engineer determines that public streets are needed for area circulation, property access, or the overall benefit of the driving public, private streets shall not be approved. The decision of the County Engineer to deny the use of private streets, alleys, or ways may be appealed to the Board of Zoning Appeals within thirty (30) days of the decision and the Board of Zoning Appeals may reverse or affirm such decision. Master planned streets shall be public streets.
2. 
In the event private streets are used, they shall conform to the Miami County, Kansas, Street and Storm Drainage Standards for New Subdivisions. Private streets shall include storm drainage, sidewalks or adequate pedestrian facilities, etc. Street width may be adjusted based upon traffic needs and information provided in a Traffic Impact Study (TIS) when required.
3. 
Private streets shall be limited to residential streets constructed as a cul-de-sac, loop street, or combination thereof, provided that the private street or street network does not allow through access between or among adjoining public streets, unless otherwise authorized by the County Engineer.
5-11.02 
Design Standards for Private Streets
1. 
The following standards shall be used for establishing a private street:
A. 
The private street shall comply with the drainage design and construction standards outlined in the Miami County, Kansas, Street and Storm Drainage Standards for New Subdivisions.
B. 
All private streets shall be designed by a professional engineer, licensed in the State of Kansas and approved by the County Engineer, and shall accommodate the expected design traffic.
C. 
The private street shall be located within a public easement having a width of not less than sixty (60) feet.
D. 
Unless otherwise permitted by the Zoning Regulations, all dwellings in subdivisions served by private streets shall be single-family residential structures.
E. 
A minimum vertical clearance of 13 feet, 6 inches shall be maintained.
F. 
Grade shall not exceed 9 percent for a maximum distance of 150 linear feet.
G. 
The private street shall meet property line spacing, access requirements, and intersection requirements for sight triangles as set forth in the Miami County, Kansas Street and Storm Drainage Standards for New Subdivisions.
2. 
The County may observe the construction of private streets. However, in all cases, the subdivider shall retain the services of his professional engineer and testing firm to provide adequate inspection services and to submit the proper reports and certifications to the County.
3. 
For all developments containing private streets and improvements, a Private Development Improvements Certification shall be submitted, on an approved form, to the County Engineer prior to County acceptance of the development and the issuance of any building permits.
5-11.03 
Assurances
1. 
All liability, maintenance, and upkeep of the travel surface, and all incidental structures shall be the responsibility of the landowners, subdivider or homeowners association. Installation and maintenance of driveway pipe, drainage features, street name signs and traffic control signs shall be the responsibility of the landowners, subdivider, or homeowners association.
2. 
Continued maintenance for said improvements shall have adequate provisions such as the establishment of an Improvement District or Declaration of Covenants to be recorded for maintenance assessments acceptable to the Board of County Commissioners.
3. 
A subdivision on which a private street is established must contain the following:
A. 
A statement on the final plat that the street(s) will be maintained in perpetuity by the owners in the subdivision, and must contain a mechanism for assessing the owners to produce adequate revenue for perpetual maintenance.
B. 
A sign placed at the entrance of the subdivision clearly stating that the streets in the subdivision are private streets.
C. 
Adequate performance bonds, assurances or other securities as may be appropriate and necessary to assure that the installation of required improvements meeting established minimum standards of design and construction have been posted. The amount of the performance bond will be based on an Engineer's Estimate as approved by the County Engineer, or an amount determined by the County Engineer.
D. 
The formation of a homeowners association with assessment authority. Membership in the association will be mandatory for each lot owner. The association will be responsible for the maintenance of the streets in the subdivision.
E. 
A maintenance schedule for the streets provided to the County Engineer by the subdivider. The schedule will include the maintenance activities, their cycle of occurrence, and the current cost of providing the maintenance activity. The total cost of the activities along with a rate of inflation will be used to determine the annual assessment per lot.
F. 
Provisions for each property owner to have access to a public street by a private street of which each property owner has an undivided interest. The private access street will not be accepted and maintained as a public right-of-way until such time it meets minimum County standards and only if the County chooses to accept and maintain the access street.
G. 
Restrictive covenants which prohibit further division of the lots unless the private street is improved to Miami County standards, the street right-of-way is dedicated, and the street is accepted for public maintenance.
H. 
Along with a statement in the restrictive covenants, a statement on the final plat that Miami County will never accept or maintain the streets unless they meet the County standards in effect on the date of acceptance.
4. 
Subdivisions using private streets shall be reviewed in the same manner as any other subdivision, and shall be subject to design standards presented in Miami County, Kansas, Street and Storm Drainage Standards for New Subdivisions.