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Chapter 18 — Subdivisions and Land Development, Article 9 — PRIVATE STREETS

current as of 2026-04-02currency checked manuallyOfficialofficial source ↗6 sections · full chapter
§ 18-9.1

Private Streets Permitted.

Notwithstanding other provisions of this chapter (Section 18-2.4(A)

and Section 18-3.1(A)), private streets may upon application be permitted by the Board of Commissioners within major subdivisions, subject to the requirements of this article. Applications for approval of private streets shall be considered by the Board of Commissioners. The Board of Commissioners may impose conditions on the approval of private streets to ensure the health, safety and welfare of the general public and to mitigate potential problems with private streets.

Notwithstanding other provisions of this chapter (Section 18-2.4(A) and Section 18-3.1(A)), a private street may be permitted as part of a subdivision containing six or fewer lots on lands zoned A1 and LR, without the specific approval of the Board of Commissioners, as a major subdivision, subject to the requirements of this article; provided, however, that no more than six (6) lots shall be served by any individual private street pursuant to this provision.

Private streets shall not be permitted or approved pursuant to this article when it is proposed in a location shown on the County’s official map as a future public street or on the County’s major thoroughfare plan as a public street.

§ 18-9.2

General Provisions.

(A)It shall be unlawful for any person, firm, or corporation to construct a new private street or alter an existing private street or to cause the same to be done without first obtaining a land disturbance permit for such construction or alteration from the Department.
(B)It shall be unlawful for more than six (6) lots to be served by a private street, except as may be specifically approved by the Board of Commissioners as provided in Section 18-9.1.
(C)All private streets shall be constructed to all standards for public streets as required by this Code, construction specifications of the County Engineering Department, and the Director of Engineering. No land disturbance permit for a private street shall be issued unless the proposed street is in conformity with County standards and requirements for public streets and the provisions of this Code.
(D)No final plat involving a private street shall be approved unless said final plat conforms to the requirements of this chapter.
(E)All provisions of this chapter regarding public streets, including the design, submittal of plans, required improvements, etc., shall apply to all private streets approved pursuant to this article.
§ 18-9.3

Street Names and Easements for Private Streets.

Private streets shall be named. The subdivider of land involving a public street shall install street signs with content containing the street name and the designation “private,” as approved by the Director of Engineering. Easements for private streets shall be designated on final plats as general purpose public access and utility easements, along with the name of said private street. Said easement shall at minimum be of the same width as that required for the right-of-way of a public street by the major thoroughfare plan and the Director of Engineering for the type of public street (local, collector, etc.) most closely resembling the proposed private street. Easements for private streets shall not be included in any calculation of minimum lot size or density limitations established by this Code. In the cases of private streets serving six (6) lots or less, the general purpose public access and utility easement for the private street shall be shown in a manner on the final plat such that each lot fronting the private street extends to the centerline of the private street. No lot shall be permitted to be divided by the general purpose public access and utility easement required and established for a private street. In the cases of private streets serving seven (7) or more lots, the general purpose public access and utility easement for a private street shall be drawn as its own discrete parcel to be dedicated to a private homeowners association (i.e., not shown to be a part of any lot).

§ 18-9.4

Maintenance.

The County shall not maintain, repair, resurface, rebuild, or otherwise improve streets, signs, drainage improvements or any other appurtenances within general purpose public access and utility easements established for private streets. A private maintenance covenant recorded with the County Clerk of the Superior Court shall be required for any private street and other improvements within general purpose public access and utility easements established for private streets. The covenant shall set out the distribution of expenses, remedies for non-compliance with the terms of the agreement, rights to the use of easements, and other pertinent considerations.

The Covenant shall specifically include the following terms:
(A)The Covenant shall establish minimum annual assessments in an amount adequate to defray costs of ordinary maintenance and procedures for approval of additional needed assessments. The Covenant shall also specify that the funds from such assessments will be held by a homeowners or property owners association in cases of a subdivision fronting on a private street.
(B)The Covenant shall include a periodic maintenance schedule.
(C)The Covenant for maintenance shall be enforceable by any property owner served by the private street.
(D)The Covenant shall establish a formula for assessing maintenance and repair costs equitably to property owners served by the private street.
(E)The Covenant shall run with the land.
(F)The Board of Commissioners may, at its discretion, as a condition of approving private streets, require a performance bond and/or maintenance bond be submitted by the subdivider and held by a homeowners or property owners association, or the Board may require that the subdivider pay an amount of money as recommended by the Director of Engineering into an escrow account or other suitable account for the maintenance and repair of private streets and stormwater management improvements, to be drawn from by the homeowners or property owners association as maintenance and repair needs may arise.
(G)The subdivider/developer shall provide to the County an acceptable form of financial security to guarantee the repair and maintenance of public water and sewerage improvements and utilities, including, but not limited to water lines, sewer lines, pump stations, force mains, and lift stations. The subdivider's or developer's financial guarantee, whichever is applicable, may be any of the following on a form required by or acceptable to the County: (1) An escrow of funds with the County; or (2) A maintenance bond for the benefit of the County upon which the County can collect. The financial guarantee shall be in an amount to secure the full costs, as determined by the Director of Water & Sewer, of maintaining and repairing said improvements and utilities for a period ending upon the later of the County’s issuance of a release letter regarding the bond or 18 months after recording of the County approved final plat for the subdivision, or subdivision phase, as the case may be. The previous sentence notwithstanding, in no event will the financial guarantee extend for longer than thirty-six months. To the extent no release letter has been issued by the County within thirty-six months of the guarantee being issued, the guarantee shall be deemed to automatically expire at the expiration of the thirty-sixth month.
§ 18-9.5

Specifications for Final Plats Involving Private Streets.

No final plat involving a private street shall be approved by the Department for recording unless and until it shall contain the following on the face of the plat:

(A)Deed book and page reference to the recorded covenant required in Section 18-9.4 above.
(B)“WARNING, Forsyth County has no responsibility to build, improve, maintain, or otherwise service the private streets, drainage improvements, and other appurtenances contained within the general public purpose access and utility easement or easements for private streets shown on this plat.”
(C)“Grant of Easement. The general purpose public access and utility easement(s) shown on this plat for private street(s) is hereby granted and said grant of rights shall be liberally construed to provide all necessary authority to the County, and to public or private utility companies serving the subdivision, for the installation and maintenance of utilities, including, but not limited to electric lines, gas lines, telephone lines, water lines, sewer lines, cable television lines, and fiber optic cables, together with the right to trim interfering trees and brush, together with a perpetual right of ingress and egress for installation, maintenance, and replacement of such lines.

Signature of Property Owner”

(D)The following certificate of dedication shall be required, unless the Board of Commissioners or other authorized representative of Forsyth County waives the dedication requirement.

“Certificate of Dedication. All water and sewer lines installed within the general purpose public access and utility easement(s) shown on this plat for private street(s) are hereby dedicated to Forsyth County.

Signature of Property Owner”

§ 18-9.6

Requirement for Purchaser’s Acknowledgement of Private Responsibilities.

18-9.6 Requirement for Purchaser’s Acknowledgement of Private Responsibilities. Prior to the sale

or as a condition of the closing of a real estate transaction involving any lot served by a private street in Forsyth County, the subdivider or seller of said lot shall execute a notarized purchaser’s acknowledgement of private street construction and drainage maintenance responsibilities set forth below. A copy of the purchaser’s acknowledgement shall be retained by the purchaser and shall be required to be submitted as a condition of a building permit for a principal building on said lot:

“Purchaser’s Acknowledgement of Private Street and Drainage Maintenance Responsibility.

(I)(We) have read the Declaration of Covenant which pertains to the lot that is the subject of this real estate transaction ______________ (insert address or attach legal description). (I) (We) understand that the Declaration of Covenant applies to the lot that (I am) (we are) purchasing and requires (me) (us) to provide a specified percentage or amount of the financing for the construction and maintenance of any private street and drainage facilities serving the lot which (I am) (we are) purchasing, and that owners of other lots in this plat may sue and recover for those costs which this covenant requires (me) (us) to pay, plus their damages resulting from (my) (our) refusal to contribute, plus reasonable attorneys fees. (I) (we) further understand that the County has no obligation to assist with the maintenance and improvement of the private street, drainage facilities, and other appurtenances within the general purpose public access and utility easement for the private road serving the lot in question. I (we) understand that a copy of this purchaser’s acknowledgement shall be required as a condition of the issuance of a building permit for a principal building on the lot (I am) (we are) purchasing.

Purchaser Purchaser”

ARTICLE X, GENERAL BUFFER REGULATIONS:
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