Article 11 — Subdivisions and Land Development, Chapter 11-9 — PRIVATE STREETS

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 approval of civil design drawings and construction plans and securing a land development permit from the Director of Community and Economic Development in accordance with the requirements of this Article, the same as for a public street.

All private streets shall be constructed to all standards for public streets as specified in Chapter 11-8 of this Article, unless otherwise specifically approved as part of a Planned Unit Development by the Governing Body.

Private streets shall be named, subject to the approval of the Director of Community and Economic Development. The subdivider or developer of land involving a private street shall install street signs with content containing the street name and the designation “private,” or as approved by the Director of Public Works. Alternatively, the Director of Public Works may require the subdivider or developer to pay for such signs to be installed by or under the direction of the City. Signs signifying private streets may be required by the Director of Public Works to be a different color than that of street signs provided for public streets, in order to distinguish maintenance responsibilities in the field.

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 which shall require approval by the Director of Community and Economic Development. Said easement shall at minimum be of the same width as that required for the right-of-way of a public street 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 maximums established by zoning regulations of this Unified Land Development Code.

In the cases of private streets, the general purpose public access and utility easement shall be shown in a manner on the final plat such that the private street right-of-way is 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) or other approved entity.

The City 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 Hall 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:

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

____________________________ Signature of Property Owner”

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 the city, the subdivider or seller of said lot shall execute a notarized purchaser’s acknowledgement of private street construction and drainage maintenance responsibilities as 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.

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 for and recover 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 City 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”

Gates must be set back a minimum of 50 feet from a public right-of-way. The minimum gate width must equal the required road width plus the width of any utility easements present, but in no case shall the width be less than 30 feet. Gate width and placement must be reviewed by, and are subject to approval by, the Fire Department.

Arrangements for access through the gate for emergency service vehicles must be reviewed by, and are subject to the approval of, the Police and Fire Departments. Such arrangements may include: keypad code entry; occupant telephone authorized entry; personal service attendant 24 hours a day, 7 days a week; and/or automatic gate opening upon power disconnect.