Homeowners On Winnetka's Private Roads Ask Village To Cover Costs

WINNETKA, IL — Winnetka trustees are set to discuss whether to change its rules for annexing private roads Tuesday. The move comes in response to a request from the president of a neighborhood association, who said the policy is "outdated, makes no sense and is patently unfair" to residents of private roads.

Winnetka has 52 miles of roadway owned by the village, but there are also 24 private streets with a total of about 6.4 miles of road, according to a memo from Public Works Director Steve Saunders.

Public roads are tax-exempt and maintained by the village. Private roads are owned and maintained by the owners of the underlying property or a homeowner association. The owners, not the village, are responsible for snow removal, stormwater drainage, street repairs and more. The village cannot spend any money on their upkeep, the memo said.

The village established rules in 1994 establishing requirements for transferring the ownership of private roads to the village. Roadways and storm sewer systems must be brought up to village standards before becoming public. According to Saunders, roads must be at least 20 feet wide, the combined right-of-way and easements must be at least 50 feet wide, a sidewalk may be required and the owners of the private street must pay the costs to bring the infrastructure into compliance with the village code.

Village code has forbidden new private roads in Winnetka for "many years" due to the disadvantages like deferred maintenance, drainage issues and an ad-hoc system of cost-sharing and governance, Saunders said in the memo.

"However, such private streets are not without their virtues," he told trustees. "Private streets typically have a unique physical character, often defined by narrow pavement width, a lack of sidewalks and a generally natural landscape character."

Rob Apatoff, an Arsdley Road resident and the president of the Ardsley/Pelham Road neighborhood association, asked the village to reconsider the policy. In a letter to trustees, he said it was not fair for the owners of homes on private roads to have to pay for maintenance and it was challenging for the association keep up with the level of detail required.

"In effect, we are subsidizing all of the village services for every other resident," Apatoff said.

According to the staff memo, the easiest way to fund the improvements needed to bring a private road up to village standards is an up-front payment. Setting up a taxing district for the purpose, a special service area or SSA, could also be used.

A decade ago, residents of Trapp Lane asked the village to reconsider the policy. Trustees did not agree on any amendments but the council negotiated a cost-sharing agreement with the residents and a project was completed in 2011, with the storm sewer project funded by the village and pavement and other infrastructure covered through an SSA levied on Trapp Lane property owners.

Ahead of the March 12 council discussion,Winnetka village staff surveyed municipal officials in Lake Forest, Highland Park, Glencoe, Kenilworth, Northfield and Wilmette.

Only Highland Park and Northfield have official written policies. Glencoe converted Washington Place from a private to a public road in 2015. Kenilworth is currently negotiating with residents of Kenilworth Terrace regarding roadway requirements before the village will take it over. In Lake Forest, staff could not ever recall such a transfer happening.

"Once residents understand what the costs are associated with constructing a road to City standard, they no longer pursue a transfer of ownership," according to a summary of the responses.