§ 50-581. Privately owned and maintained streets.

(a)

All streets to be constructed and not proposed for dedication and acceptance into the Levy County maintained street system shall be designed, constructed and perpetually maintained in accordance with this section.

(b)

Privately owned and maintained streets shall not be allowed except in a "planned unit development" and "gated" communities to such an extent as to not interrupt or adversely affect the existing or anticipated Levy County maintained street system necessary to promote, protect and improve the public health, safety, good order, convenience and general welfare. The board of county commissioners may waive the requirements for the dedication of public streets upon finding that by reason of its location and anticipated use, the street will not serve a public interest. However, all streets must be designed and constructed in accordance with the provisions of this ordinance. All streets to be privately owned shall be dedicated to a Property Owner's Associated in compliance with Chapters 617 and 689, F.S. or other private maintenance entity acceptable to the county attorney for the ownership and maintenance.

The proposed property owners association documents must be submitted to the development department at the time of filing the preliminary plat. Said proposed documents will be forwarded to the county attorney for review and comment. A letter from the developers legal counsel shall accompany the property owner's association documents at the time of filing the final plat stating that the documents have been approved and are in accordance with Florida law. The propery owner's association documents shall be recorded simultaneously with the recording of the final plat.

(c)

To qualify as a "gated" community or subdivision, an approved level of security must be provided at all points of ingress and egress as well as providing adequate fencing or decorative barriers along the entire project perimeter.

(d)

All proposed private streets shall be completely contained within the limits of the P.U.D. or gated subdivision except for that portion necessary to link to outside public streets serving the development's street network. A minimum of two connections to the public street system will be encouraged. Any proposed street system designed with less than two connections to the public street system may be denied solely on that basis if the proposed design is determined to be adverse to the public's safety and interests.

(e)

Appropriate design speed(s) shall be proposed by the developer's engineer and agreed to by the county engineer in conjunction with the street and lot layout of the subdivision. The selection of an appropriate design speed should be based upon a rational prediction of the probable maximum operating speed on the street. Topography, general roadway geometry, surrounding land use, degree of access, use of traffic calming techniques, and desired posted speed limits should be considered.

(f)

The developer and/or home owner's association shall maintain the ability; be it mechanical, electronically or attendant operated, to permit emergency vehicles immediate access to the project area at all points of ingress and egress at all times. The applicant shall provide, at a minimum, written approval or letters of no objection regarding the method proposed to accomplish this requirement from the Levy County sherriff's office, emergency medical service office, and local fire-rescue department at the time application is made for the project. There shall be a note on the plat to indicate that the streets shall be accessible to public service vehicles.

(g)

The following statement shall be placed on the plat in a prominent place: "Notice: There may be additional restrictions that are not recorded on this plat that may be found in the Public Records of this County."

(h)

No private street may, by either right-of-way or easement, connect to another private street or easement outside a proposed P.U.D. or gated subdivision.

(1991 LDR ch. 71, § 4.05; Ord. No. 01-01, § 1, 1-16-2001)