A. A municipality which contains large areas of rural land not served by water and sewer facilities by the municipality shall authorize the use of private roadways in either platted or unplatted areas and shall issue building permits to property owners whose property is abutting upon the private roadways without complying with standards as provided for dedicated streets subject to the following conditions:
1. The private roadway easement shall be at least fifty feet (50') in width; (Res. 901, 5-10-1977)
2. The property abutting upon the private roadway shall contain not less than two (2) acres; provided, however, if the covenants of the subdivision allow for evapotranspiration absorption systems or an aerobic wastewater treatment system, the property abutting upon the private roadway may contain not less than one acre; (Res. 901, 5-10-1977; amd. 2015 Code)
3. The property shall be more than one-fourth (1/4) mile from sewer and water facilities furnished by the municipality;
4. The private roadway shall not be dedicated to the public but reserved for future dedication and, until such future dedication, shall be the private roadway of the owners of the abutting property;
5. The private roadway shall be maintained by the owners of the property within the subdivision;
6. The municipality shall have no responsibility for the maintenance or repair of the private roadway;
7. If the property is platted, there shall be emblematized on the face of the plat, clearly conspicuous, a notice that the streets and drives have not been dedicated to the public and that the streets shall be maintained by the private property owners within the subdivision. The streets shall always be open to police, fire, and other official vehicles of all state, federal, county, and municipal agencies;
8. Every deed shall clearly acknowledge that the roadway is private and not maintained by the municipality;
9. Prior to the sale of any parcel of land in the subdivision, a conspicuous sign shall be posted at the entrance to the subdivision: "Private roadway not maintained by (the municipality)". At any time after the municipality permits the use of the private roadway, a petition of the owners of at least sixty percent (60%) of the owners in area of the land to improve and dedicate the street shall bind all of the owners thereby to permanently improve the street or roadway in compliance with the requirements of the municipality; and
10. The planning commission may require the developer of such property to reserve appropriate utility easements for water, sewer and any other utility installations as may be required for present and future development. (Res. 901, 5-10-1977)
Notes
| 1 | 1. 11 OS § 45-104. |