An owner of real property within the city may be issued a permit to erect, construct and build a single-family residence adjacent to and accessible only by unimproved/unopened city-accepted right-of-way on the following conditions:
(A) The parcel of land upon which the residence is to be constructed shall be a minimum of two acres;
(B) No certificate of occupancy shall be issued unless and until all the requirements of this section are met;
(C) The parcel of land shall not be subdivided into smaller parcels unless approved by the city through a subdivision platting process.
(D) The property owner(s) shall construct and donate a street in accordance with the design standards and applicable provisions of Ch. 159, including the donation of additional rights-of-way if necessary;
(E) The street shall connect to an existing improved paved public street which is maintained by the city or other public entity.
(F) The street shall be donated to the city for ownership and perpetual maintenance only after inspection and testing, final approval of the testing and inspection results by the City Engineer, and acceptance by the city. The city may require the property owner(s) to provide the inspection and testing services prior to acceptance to the city;
(G) The city shall only accept and maintain streets which comply with the requirements of Ch. 159 upon donation to the city and dedication to the public for use as a public street; and
(H) The city is not, nor shall it be, responsible for the construction, installation or maintenance of any road and/or roadside drainage improvements on any unimproved/unopened rights-of-way not meeting the design standards and applicable provisions of Ch. 159.
(1998 Code, § 106-13) (Ord. 98-57, passed 11-25-1998; Ord. 2023-43, passed 12-20-2023)