§ 14-189.1. Traffic improvements, street improvements, curb cuts, visibility requirements, and private street construction standards.  


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  • (a)

    Each building shall be located on a lot or parcel that abuts a public street or private street. Private streets shall only be allowed if the development seeking to have a private street(s) is ten (10) acres or larger in size. The planning commission shall have the authority to waive this minimum acreage requirement if all real property owners that abut the proposed private street agree to such waiver.

    (b)

    Where this chapter measures minimum building setback lines and frontages, or imposes development standards in connection with, or with reference to public streets, such measurements or standards set forth in the district regulations and supplemental regulations of chapter 27, in this chapter or elsewhere in the Code of DeKalb County shall apply similarly for property abutting a private street where such private street has been approved by the planning commission. Nothing in this article is intended to authorize any kind of development on a private street that would not be authorized where there was public right of way.

    (c)

    Private streets within any zoning district shall not be used to satisfy the off-street parking requirements of the Code. Private streets within any district shall be assigned names and locations. The names of these streets shall be shown on plans required for the issuance of building and development permits as provided in this chapter and chapters 7 and 27 of the Code of DeKalb County. The geographical information services department shall approve all private street names and addresses, thereby avoiding conflicting names and addresses.

    (d)

    Lots may front on a public street or private street constructed to the standards found in this chapter.

    (e)

    Where sewer lines are constructed underneath a private street, the developer is required to grant an easement to the county for installation, maintenance and repair of such sewer lines.

    (f)

    Private streets shall not be eligible for participation in the county's traffic calming program as provided for in chapter 17 of this Code.

    (g)

    Private streets shall not be eligible for participation in the county's residential sidewalk district program as provided for in chapter 23 of this Code.

    (h)

    Developers and property owners' associations shall ensure access to all private streets by emergency and law enforcement vehicles and shall ensure that private streets are constructed to allow access by all emergency vehicles and law enforcement vehicles.

    (i)

    The use of private streets may not result in an increase in permitted density above that which would otherwise be permitted by the applicable district regulations. Density calculations shall be made based on a public street system and the preliminary plat that provides for a private street shall be density neutral Additionally, a utility easement(s) is not to be included in any plat as a part of an individual lot and thus such land that comprises the utility easement(s) cannot be used to calculate the required minimum lot size, or minimum front yard size.

    (j)

    Private streets shall comply with requirements for public streets found in this chapter and all other applicable sections of the Code of DeKalb County. Private streets shall be surfaced with the same type of materials that are used by the county's department of public works for the surfacing and resurfacing of public streets or with materials that are as protective as those used by the county to surface and resurface streets so long as such alternative materials are approved by the director of public works.

(Ord. No. 07-17, Pt. I, 7-24-07)