(A) The city recognizes that there exist private streets that were lawful prior to the adoption of this subchapter, but that do not fully conform with the standards herein. Such streets are declared by this subchapter to be legal, nonconforming private streets.
(B) The city also recognizes the importance of having these streets upgraded if and when one or more of the following situations occurs. Any developer or property owners’ association that desires to engage in one or more of the situations listed in divisions (1), (2) or (3) below, shall be required to upgrade the entire private street to conform with the standards for new public streets:
(1) One or more lots are added to an existing, nonconforming private street;
(2) The division or splitting of a lot occurs on an existing, nonconforming private street;
(3) The addition of an extension, addition or branch to or from an existing, nonconforming private street.
(C) Any developer or property owners’ association that desires to engage in one or more of the situations listed above in division (B), shall be required to submit an application for acceptance as a public road signed by a minimum of 60% of the property owners having property that fronts upon the nonconforming private street.
(Ord. 06-2013, passed 4-15-2013)
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