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• g. Where visibility at any proposed street intersection would be impeded by earthen berms or <br /> existing vegetation, the developer shall cut such ground and/or vegetation in conjunction <br /> with the grading of the street right-of-way sufficient to provide adequate sight distance. <br /> h. Street intersections shall be located to avoid creating hazardous driving conditions. <br /> (10) Private streets for residential development may be approved by the planning commission <br /> provided the design standards conform to those of public streets as specified in this article. <br /> Private streets are permissible only in the form of cul-de-sac and short loop streets and only <br /> when it has been determined that these streets can be adequately served by all public service <br /> vehicles. Such streets will not be permitted where there is a possibility of through traffic or the <br /> eventual providing of a connecting link to another public street. It shall be incumbent on the <br /> subdivider to demonstrate that the private streets will not unreasonably limit access to adjacent <br /> parcels, hinder logical traffic patterns, or otherwise be contrary to the public interest. The <br /> subdivider shall provide for permanent maintenance of all private streets in the bill of <br /> assurance. <br /> (11) Existing private streets shall be dealt with as follows for the purpose of dedication: <br /> a. The city council shall in every instance be the final authority in the city. <br /> b. Streets which have been previously dedicated and accepted by the county will become city <br /> streets upon annexation; these streets will be. maintained at or above their physical <br /> condition upon annexation. <br /> • c. Streets which had been previously fully maintained by the county for which no dedication <br /> is on record will become city streets upon annexation only if a formal dedication is made. <br /> Such dedications shall be reviewed by the planning commission and accepted by the city <br /> council as prescribed by law. No improvements or construction shall be required, and <br /> these streets will be maintained at or above their physical condition upon annexation. <br /> d. Streets which were private in every respect shall remain private after annexation. Owners <br /> of properties abutting such streets may request dedication by following the procedures <br /> outlined for submission of preliminary plats. <br /> e. The planning commission shall determine that a need exists for a public street. <br /> f. Citizens desiring to dedicate private streets shall assume all costs to include platting, <br /> engineering and construction. <br /> g. No private street shall be offered or reviewed for dedication where no structure abuts the <br /> right-of-way or where such action would circumvent the review for new streets and/or <br /> subdivisions. <br /> h. In those instances where a private road was created by land sales constituting a violation <br /> of this chapter, the property from which the road was derived shall be included in <br /> preliminary plat submissions and be subject to improvement requirements of this article. <br /> • (c) Right-of-way/unpaved portion. Pursuant to this subsection, no building or structure, other than a <br /> mailbox, driveway, sidewalk, pathway or alley may be erected on or over a public right-of-way. <br /> Placement of a structure in a public right-of-way could result in a fine and removal of the building or <br /> structure by the city at cost to the owner. <br /> - 169 - Batesville Subdivision Regulations <br />