Public/private street standards
(a) Criteria. The following criteria are designed to establish policy and standards for public and private streets. The city shall only permit the development of privately developed, controlled and maintained roadways under circumstances where the following requirements are met:
(1) It shall be demonstrated that there is no need for a continuous or harmonious street system to serve the area in question or to provide for present or future access to adjacent land for purposes of establishing a harmonious circulation pattern to the surrounding area, at present or in the future;
(2) It shall be demonstrated that public access or travel through the area in question is not necessary, including access or travel by emergency vehicles or personnel. Every development shall have at least two means of public emergency access, one of which may be exclusively reserved for such use, subject to police and fire department approval;
(3) Private roadways shall be built to city public street standards for pavement, infrastructure, utilities, and improvements as established in the land development and subdivision review regulations. Any waiver of city standards must receive prior approval of the planning board and shall be specifically requested and justified on the basis of accepted criteria;
(4) All utilities shall be built to city standards for construction and improvements as established in the land development and subdivision review regulations;
(5) Legal documents shall be submitted for approval by the planning board which shall provide for perpetual maintenance responsibility by the developer and/or successor landowner association, for the establishment of a fund for such perpetual maintenance responsibility, and which will absolve the city from any future claims, obligations, damages, or lawsuits. Such documents shall specifically permit the city to impose a municipal lien on the property if for any reason the city is called upon to correct a problem or conduct any repair to the street or infrastructure in the future;
(6) A means of identifying the roadway to the public as a private roadway and/or providing security restricting access to those having business on the premises shall be set forth and shall be a continuing obligation of the developer and/or successor landowner/association;
(7) Any development subject to planning board approval shall provide that the developer will post a performance and payment bond to cover all roadway improvements and infrastructure normally public but proposed to be private. In lieu of such a bond, a bond will be required between the developer and contractor which shall be subject to the approval and release of the city;
(8) Any private roadway shall meet requirements of the police and fire departments for adequate public emergency access, and shall be maintained and controlled according to such requirements;
(9) [Reserved.]
(b) Waiver. Under certain conditions, waiver to city street standards and construction requirements may be considered by the planning board provided all of the following criteria are met:
(1) Any waiver shall be specifically requested by the developer at the time of application with justification set forth in writing which addresses each of the criteria which follow;
(2) Any waiver shall be conditioned on meeting the specific stated objective of the land development and subdivision review regulations or ordinances of the city as may be applicable, and shall be subject to the approval of the planning board;
(3) The applicant shall state the rationale for and give assurance that the underlying public interest basis of or purpose for any requirement for which a waiver is requested will be fully met in an alternative manner; and that any substitution of material or method will constitute an equal or better alternative;
(4) In requesting waiver of any requirement, the developer and its successors in title shall thereby explicitly agree to indemnify and hold the city harmless from any claim, lawsuit, damages, or other obligations which may result in the future from the granting of any waiver by the city;
(5) Waiver of any requirement or obligation shall be conditioned on the developer and/or successor landowner/association providing assurances of perpetual obligations for maintenance, replacement, and upkeep to municipal standards of safety, health, and general welfare.
(Rev. Ords. 1987, § 19-365; Ch. 453, § XV, 7-15-08; Ch. 914, § I(Att.), 12-19-23)