§ 35-25. Private streets.

(a)

Definition. A private street is the principal access easement between a public street and a platted lot which does not abut a public street. Such private street is not dedicated to the public and is not publicly maintained. The term "private street" shall include both the pavement and the easement area for such private street, but shall not include alleys whether publicly or privately maintained.

(b)

Required. If the city council shall allow a subdivision of land into lots which do not abut public streets, such subdivision shall provide access for each such lot to and from a public street by means of a private street shown on the plat.

(c)

Specifications. The specifications for private streets, including construction standards, widths, all geometric standards, grades and alignments, shall be the same as required for public streets. The width of the easement required for private streets shall be the same as required for the right-of-way of a public street of a similar projected carrying capacity.

(d)

Construction. Prior to recommendation of approval of the final plat by the department of public works, the subdivider shall provide construction plans of the proposed private streets which meet the same standards required for public streets. In addition, the construction of the private streets shall be inspected by the city and inspection fees shall be paid to the city just as if said private streets where public streets.

(e)

Utility connection. Utilities to any part of the subdivision shall not be connected unless and until the requirements of section 35-14 of this chapter are met, and the city engineer has issued a certification of compliance of proper construction of the private streets.

(f)

Lot areas. The area included within private street easements shall not be counted toward the minimum lot size requirements of the zoning ordinance.

(g)

Setbacks and frontage. All private street easements shall be treated as public street rights-of-way for purposes of determining the building setback required from such private street easements, as well as determining lot frontage.

(h)

Access and maintenance. Private streets shall be labeled as such on the plat, and such plat shall provide access easements over the private streets to the owners and residents served by said private streets. In addition, such plat shall provide access easements over the private streets to governmental service vehicles including, but not limited to law enforcement, fire, ambulance, sanitation, building inspection and health. The plat shall provide for perpetual maintenance of the private street by restrictive covenants which may not be altered without the approval of the city. The maintenance of private streets shall not be the responsibility of the City of Irving.

(i)

Hold harmless. On the plat shall be language whereby the owners of lots served by private streets agree to release, indemnify, defend and hold harmless any governmental entity for damages to the private street occasioned by the reasonable use of the private street by the governmental entity, and for damages arising from the condition of said private street.

(j)

Restricted entry.

(1)

It shall be unlawful for the owner or resident of any lot, which does not abut a public street, to fail to provide at all times, at the entrance from the public street to the principal access easement serving said lot either:

a.

A sign stating "Private Street," said sign being at least one square foot in size, with letters three (3) inches high on a contrasting background, said sign being placed and maintained in good repair so as to be easily visible from the public street, provided that only one sign need be placed at the public street regardless of the number of lots served by the access easement, or

b.

A gate or a guard or both. Any gate so provided shall be a break-away model which shall not damage any emergency vehicle driving through said gate to respond to a call in the subdivision, or said gate shall meet the requirements of city ordinances regulating security gates.

The maintenance of private street signs shall not be the responsibility of the City of Irving.

(2)

The provisions of this subsection (j) shall apply to all private streets or other principal access easements for lots not abutting public streets, already in existence or to be built in the future.

(Ord. No. 5740, § 2, 1-18-90)