§ 14-189.2. Planning commission approval to create a private street.

(a)

The planning commission shall authorize a private street where the planning department has certified that the applicant has submitted all required documentation as set forth herein and where the planning commission finds that:

(1)

The location of the proposed private street(s) will not adversely impact use of any existing surrounding public street(s); and

(2)

The location of the proposed private street will not adversely impact adjacent existing communities or neighborhoods; and

(3)

The applicant has shown that there is the requisite legal mechanism for the maintenance of the proposed private street(s); and

(4)

The applicant has provided written evidence that the proposed private street system is acceptable to the county departments or divisions responsible for law enforcement, sanitation, transportation and fire and rescue; and

(b)

If the private street is to be located in a historic district as that term is defined in chapter 13.5 of this Code, then the applicant must provide the planning commission with a certificate of appropriateness authorizing the private street from the historic preservation commission. If no such certificate of appropriateness is provided to the planning commission then the planning commission shall deny the application for a private street.

(c)

Street rights-of-way shall be owned by the mandatory homeowners' association as required by section 14-189.3. Street rights-of-way shall comply with all the requirements set forth in this Code, including but not limited to the requirements set forth in this chapter and in chapter 27 of this Code. An access easement and a utility easement shall entirely overlay the rights-of-way and shall be dedicated to DeKalb County for public use. All applicable setbacks, lot widths and lot areas shall be measured from the homeowner's association right of way.

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