§ 21.5-143. Private streets.

The developer of a subdivision, may, in lieu of establishing public streets and dedicating same to the public for public use, establish private streets by utilizing the following procedure:

(a)

Developer shall establish a homeowner's association and transfer the right-of-way for all new private streets to the homeowner's association. The homeowner's association shall be a non-profit, non-stock corporation organized under the laws of the State of Louisiana, and shall have the right to assess its members for any costs associated with the maintenance and/or improvement of the private streets. The minimum width of the right-of-way to be transferred shall be sixty (60) feet.

(b)

All plats of the subdivision shall be stamped with a statement that the streets within the subdivision are private; that the ownership of which has been transferred to the named homeowner's association, and that the streets will be subject to maintenance and/or improvement by the homeowner's association.

(c)

All "Acts of Sale" of lots in the subdivision shall include a clause giving notice to the purchaser of the establishment of a homeowner's assocication and the obligation of that association to maintain all private streets within the subdivision.

(d)

The private streets so established shall not be subject to the construction requirements set forth under section 21.5-123. All other requirements as to subdivision approval shall be applicable.

(Ord. No. 8532, 11-16-98)