(A) Except for buildings located within developments of new condominium projects, site condominium projects, cluster subdivisions and P.U.D. (planned unit development) projects where the developer’s plans for private roads are specifically approved by the city’s Planning Commission as a part of the project review or site plan review process, no building permits shall be issued for construction of any residence or other structure upon any lot or parcel of land which is not directly and exclusively accessible to and also abutting a public roadway which has been accepted by the City of Burton and is maintained by the Road Department of the City of Burton as a public roadway. Provided, however, that this shall not prohibit the erection of additions and accessory buildings to existing dwellings already erected and in use at the time of adoption of this section.
(1) Any residence or structure which gives access to such a public roadway across land not solely owned by the applicant for the building permit shall be deemed not to be abutting the public roadway within the meaning of this section.
(2) This section shall not prohibit the issuance of a building permit and the erection of new structures and new dwellings upon lots which have been purchased by individuals and upon which monies have been expended by the purchasers prior to the effective date of this section in anticipation of being able to erect a dwelling for the personal use and occupancy of the purchaser of the lot, even though the lot is not serviced by a public road as defined in this section.
(3) Provided, however, that at the time of issuance of the building permit for any lot not serviced by a public road as defined in this section, the Building Inspector of the city shall note upon that building permit the following:
“This building permit is being issued authorizing the construction of a dwelling upon lands which are not serviced by public roads. The owner of such lot is herewith advised that any roads providing access to these lands appears to be a private road.
Private roads are not maintained or serviced by the City of Burton. Such private roads will not be graded, graveled nor provided with snow removal by any public agency. Fire protection and police protection may not be available to these lands if the roadway providing access to the lands is impassable.
State law requires that the owner of these premises, when selling the same, advise the purchaser thereof by written instrument, that the premises are not serviced by a public roadway and are not maintained by the City of Burton.”
(4) Failure of the Building Inspection Department to give the above notice upon the building permit shall not impose any liability whatever upon the city.
(B) Any residence or structure which has its only access to such a public roadway across a privately owned roadway easement which services any land other than the land of the applicant for the building permit, or services more than 1 residence, shall be deemed not to have direct and exclusive access to a public roadway as described in subsection(A) of this section, and no building permit shall be issued for any such residence or structure.
(C) The City Council may at any regular or special meeting approve the issuance of a building permit for construction upon a lot or parcel of land not directly and exclusively accessible to and also abutting a public roadway upon such terms and conditions as the Council shall deem necessary for the preservation of public health, safety, and welfare.