[R.O. 2011 § 505.330; R.O. 2009
§ 54.060; Ord. No. 01-212, 9-21-2001; Ord. No. 10-219 § 2, 10-26-2010]
A. The owners of any private street which
is contiguous to property used as single-family residential, multi-family
residential, commercial or industrial property may petition the City
to accept the street as a "provisional street." This Section does
not apply to internal streets and drives within mobile home parks
or apartment complexes. Prior to acceptance as a public street, all
owners of property along the petitioned private street shall annex
into the City limits.
B. A petition or petitions must be received
from each owner before the City will consider accepting the street.
The petitions shall state that the owners understand that the City
would not reconstruct or overlay the provisional street until the
City's public streets have been adequately maintained to the City's
satisfaction and until the City has adequate excess funds to do so.
The petitions shall also state that the owners understand that when
the City does overlay the provisional street, it will do so only to
the width of the existing pavement and that when the City does reconstruct
the provisional street, it will do so only to the width and depth
of the existing pavement. The petition shall further state that the
owners understand that any further upgrade shall be at the owners'
expense.
C. If a street has been accepted as a provisional
street, then the street shall be considered a public street for the
purposes of traffic control, repairs and maintenance. The owners shall
remain responsible for street lights, snow removal and street sweeping
and, if the owners, at the time the petitions are submitted, request
that responsibility for pothole repair or crack and seal type repairs
to be retained by the owners, then the City may authorize the owners
to retain that requested responsibility. The City may require the
owners to provide bonds and insurance applicable to the responsibilities
not accepted by the City.