A.
Improvements shall be provided by the proprietor in
accordance with the standards and requirements established in this
article and requirements which may from time to time be established
by ordinance or resolution of City Council.
B.
Bonds (payment and performance). Prior to the undertaking
of any improvement, the proprietor shall deposit with the City Clerk
cash, a certified check or irrevocable bank letter of credit, whichever
the proprietor selects, or, surety bond acceptable to Council, to
ensure faithful completion of all improvements within the time specified
and payment in full of all of its employees, agents, contractors,
subcontractors and suppliers of materials and equipment. The amount
of the deposit shall be set by Council, based on an estimate by the
City Engineer. All improvements shall be constructed and approved
by the City before the final plat is approved. Council shall release
funds for the payment of work as it is completed and approved by the
City.
C.
Prior to the acceptance of improvements by the City,
a two-year maintenance bond, in an amount set by Council, shall be
posted by the proprietor.
[Amended 6-20-2007 by Ord. No. 435]
A.
Road names. Any proposed roadway which is an extension
of, or in a direct line with, an existing street shall carry the name
of the street that is in existence at the time the proposal is made.
Other roads shall be given a name of the applicant's choice, subject
to approval by the Planning Commission. Proposed names will be checked
against other existing roads within the City for potential conflicts
that may be confusing to emergency services. Road names that reflect
the heritage of the City of Rockwood, natural water bodies and historic
persons are preferred.
B.
Road standards. All public and private road construction,
including new road construction, extensions to existing roads or improvements
to existing roads, shall comply with the standards of this section.
(1)
Right-of-way/easement. All public and private roads
shall have the minimum widths of right-of-way as required by Wayne
County. All public and private roads and road easements shall have
the minimum widths of right-of-way as required by Wayne County, provided
that no private road easement shall be less than 60 feet in width.
The road surface and turnaround shall be centered in the right-of-way,
except where otherwise deemed appropriate by the Planning Commission
because of unusual site features or conditions. Rights-of-way and
easements shall be drawn parallel to, and follow the same shape as,
the edge of the road (i.e., the distance between the edge of the road
and the right-of-way or easement line shall remain constant along
the road). Any greater right-of-way or easement width above the minimum
standard must demonstrate need due to topography or other natural
features. Irregular manipulations of road right-of-way or easement
width or shape for the purpose of increasing lot frontage is prohibited.
(2)
Construction standards. All public and private roads
shall comply with the design and construction standards of the Wayne
County Department of Public Services for public streets. Such design
and construction shall be certified by the applicant's engineer. All
proposed roads shall be paved with concrete meeting the Standards
RS-14 and RS-18 contained in the Wayne County Subdivision Rules and
Regulations, or subsequent amendments to those administrative construction
standards.
(3)
Gates and speed bumps. All roads shall remain unobstructed
unless otherwise permitted by the Planning Commission and City Council.
Closable gates shall not be permitted within any public road right-of-way
or private road easement. Speed bumps/humps shall not be permitted
on any public road or private road.
(4)
Drainage. The right-of-way and road shall be adequately
drained so as to prevent flooding or erosion of the roadway or adjacent
property. Underground storm sewers shall be located within the road
right-of-way and road drainage shall be conveyed to an existing stormwater
system, if available, otherwise watercourses and water bodies, unless
the water follows an established watercourse. Stormwater design shall
be in accordance with the Stormwater Management Ordinance, Ordinance
Number 433.[1] Underground crossroad drainage shall be provided where
the proposed right-of-way crosses a stream or other drainage course.
(5)
Utilities. In order to make more efficient use of
land and preserve woodlands, utilities along a roadway shall be installed
within the road right-of-way or private road easement. All utilities
within the road right-of-way or a private road easement must be installed
below ground. This subsection shall not apply to utilities that do
not run parallel and adjacent to roadways.
(6)
Tree clearing. Tree removal shall be in compliance
with the City's Tree Ordinance No. 346[2] and shall be minimized to the extent practical on road
projects. The extent of tree clearing shall be clearly indicated on
all site plans and subdivision plats submitted to the Planning Commission
for approval. Following Planning Commission approval of a site plan,
preliminary plat tentative or a preliminary tentative condominium
site plan, any modification to the extent of tree clearing shall be
resubmitted to the Planning Commission for review and approval.
(7)
Permits. Construction permits from the Wayne County
Department of Public Services are required for any work or site preparation
within the county right-of-way, including connection to county roads.
The applicant shall obtain all necessary permits from the Wayne County
Department of Environment, Michigan Department of Environmental Quality,
U.S. Army Corps of Engineers, and other state, county, or local agencies.
Evidence of required permits shall be submitted to the City prior
to any work or site preparation, including tree removal.
(8)
Construction. During preliminary plat tentative, preliminary
tentative condominium or final site plan review, the Planning Commission
may designate one or more access routes to be utilized by construction
vehicles entering the site. The developer is responsible for repairing
any off-site damage to public or private property as a result of construction
and for keeping the public road free and clear from construction dirt
and/or debris (Ordinance Numbers 217 and 423[3].) The City's representative shall monitor construction
and shall notify the developer and contractor of any off-site damage
to public roads or private property. Temporary construction roads
and driveways need to be removed and the site fully restored upon
completion of development, as determined by the City.
(9)
Culs-de-sac. All culs-de-sac and dead-end roads, including
roads that terminate within a dedicated road right-of-way or private
road easement, shall meet the following standards:
(a)
A road may not serve more than 20 single-family
units or 30 multiple-family units from a single point of access.
(b)
Culs-de-sac or other dead-end roads longer than
750 feet are prohibited.
(c)
All dead-end roads that serve more than two
dwelling units or have frontage on more than two lots shall terminate
with a cul-de-sac turnaround that meets minimum Wayne County Department
of Public Services standards.
(10)
Road systems and connections. All roads shall
be designed to form a safe and efficient road network. Accordingly,
roads shall connect to existing public roads to continue the system
of interconnected roads. Roads shall also be designed to connect to
planned or anticipated future roads.
(a)
Roads longer than 750 feet shall provide one
or more road stubs that extend perpendicularly from the primary road
to the adjoining parcels on either side.
(b)
Roads shall extend the full length of the parcel
to the rear property line to allow for future connection.
(c)
Any future road stub shall be constructed to
the far property line abutting the adjacent parcel.
(d)
Any future road stub shall terminate with a
sign that reads "Future Road Extension," erected by the applicant.
(11)
Emergency vehicle. All roads shall be designed
for accessibility by emergency vehicles, as determined by the City
Fire Department. All roads, both public and private, shall be constructed
to bear the weight of an eighty-thousand-pound fire apparatus
owned by the City.
C.
Requirements for public roads. Where land is to be
platted, otherwise divided or a site condominium or condo is created,
roads constructed to serve such land shall be public roads. The City
Council, based upon a recommendation by the Planning Commission, may
waive this requirement and allow development of a private road where
all of the following apply:
(1)
There is no indication of a need for the roadway to
be dedicated as a public road in the future.
(2)
Dedication of the road as a public street would not
result in continuity in the public street system at the present time
or in the future.
(3)
Dedication of the road as a public street would not
offer access to adjacent undeveloped parcels or lots that currently
do not have road access or would require development with culs-de-sac
in excess of Wayne County Department of Public Services standards.
(4)
The expected traffic volumes along the roadway are
not expected to exceed 250 vehicles per average weekday, based an
accepted trip generation figures.
(5)
Documentation is provided from the City indicating
that the City will not accept the road into the public road system.
(6)
A private road is being proposed that meets all of
the requirements and standards of this chapter.
D.
Application and approval procedures for public or
private roads. The public and private road application and review
procedure shall follow the same procedure for site plan or subdivision
plats, as outlined below. The information required in this chapter
shall be submitted with an application for preliminary plat tentative,
preliminary tentative condominium or final site plan approval. For
a subdivision or condominium, the general layout of the road shall
also be reviewed at the pre-preliminary plat stage.
(1)
Planning Commission. Following technical review by
City staff and consultants, and compliance with administrative procedures,
the public/private road shall be reviewed by the Planning Commission.
(a)
Subdivision plats. Public/private roads that
are proposed to be constructed as part of a subdivision plat shall
be reviewed as part of the subdivision plat review process outlined
in Chapter 221 of the Municipal Code, Subdivision Regulations. The
general layout of the road will be reviewed at the pre-preliminary
plat stage. All of the information required under this chapter shall
be included in the preliminary plat tentative.
(b)
Condominiums. Public/private roads that are
proposed to be constructed as part of a condominium or a site condominium
shall be reviewed as part of the site plan condominium review process
outlined in the subdivision regulations found in § 221-21
of the Municipal Code. The general layout of the road will be reviewed
at the pre-preliminary condominium stage. All of the information required
under this chapter shall be included in the preliminary tentative
condominium plan.
(c)
Site plans. Public/private roads that are not
proposed to be constructed as part of a subdivision plat, condominium
or a site condominium shall be reviewed following the site plan review
process outlined in Section 2500, Site Plan Review, of Chapter 25,
Zoning Code.[4] Following the standards contained in Article 21, the Planning
Commission shall make a recommendation to the City Council on approval
of the public/private road.
(2)
City Council. For subdivisions and condominium projects,
the City Council shall review the public/private road at the final
preliminary stage. Final preliminary approval from the City Council
shall constitute public/private road approval. For public/private
roads that are not proposed to be constructed as part of a subdivision
plat, condominium or a site condominium, the City Council shall either
deny, approve, or approve subject to conditions the public/private
road based upon the recommendation of the Planning Commission.
(3)
Engineering review. Following City Council approval
of a public/private road, the City Engineer shall make a full review
of the engineering plans. A land use permit shall not be issued until
the City Engineer issues final approval of the engineering plans.
(4)
Performance guarantee. To assure completion and/or
maintenance of a public/private road in accordance with the requirements
set forth herein, the City may require the applicant to provide a
performance guarantee. The amount and form of the performance guarantee
shall be determined in accordance with guidelines for fees provided
from time-to-time by City Council.
(5)
As-built plans and inspection. Upon completion of
the public/private road, the applicant shall submit a complete set
of as-built drawings, certified by the applicant's engineer, to the
City. The City Engineer shall review the as-built drawings and conduct
a final inspection to assure that all visible construction, including
cleanup, has been satisfactorily completed.
E.
Fees. The City Council shall determine a fee schedule
for private road applications which are being constructed independent
of an application for a subdivision plat or condominium. The amount
of such fee shall take into account the cost of the review, including
any consultant reviews, required herein.
F.
Application requirements.
(1)
Plans. The plans for a public/private road may be
included as part of a subdivision preliminary tentative plat, a condominium
preliminary tentative site plan, or a site plan. The public/private
road plan shall be drawn by a registered professional engineer or
land surveyor. In addition to the material required for these submittals,
a proposal which includes a private road shall include the following
information:
(a)
The exact location of the proposed public/private
road ROW or easement in relation to intersecting streets and adjacent
properties.
(b)
Road access point and intersection information,
including all adjacent or opposing roads and driveways within 200
feet; offset dimensions to nearest driveways and intersections; and
sight distance at all internal and external intersections.
(c)
Road cross section, showing type and depth of
base and surface materials, roadway dimensions, and curbing or ditches.
(d)
Road dimensions, including width, segment lengths,
and curve, curb and cul-de-sac radii.
(e)
Road and driveway approach profiles showing
proposed road grades.
(f)
Road names.
(g)
Locations of traffic regulatory signs.
(h)
Outline of the extent of grading and tree removal.
(i)
Other information necessary to demonstrate compliance
with all other applicable City ordinances.
(2)
Road easement. Private road easement shall be submitted
in recordable form which meets the minimum standards set forth in
§ 221-21B of this chapter.
(3)
Road easement maintenance agreement. A private road
easement maintenance agreement shall be submitted in recordable form
which meets the minimum standards set forth in § 221-21C
of this chapter and approved by the City Attorney.
(4)
Road name. Upon construction of the road, appropriate
signs shall be erected to identify the road name.
(5)
Permit. Any developer of road that intersects a county
road shall provide the City with a copy of an approved Wayne County
Department of Public Services permit for access to a Wayne County
Road.
G.
Private road easement agreement. A private road easement
agreement in recordable form shall be required. It shall meet the
following minimum requirements:
(1)
Legal description. A detailed legal description of
the private road easement shall be submitted with its application.
(2)
Emergency and public vehicle access. The easement
shall provide for unrestricted access for emergency and public vehicles
used in the performance of necessary public services.
(3)
Future connections. The terms of the easement shall
provide that the City Council may require that future abutting private
roads or public roads shall be connected to the existing private road.
(4)
Utilities. Below-ground utilities may be located within
the private road easement.
H.
Maintenance of private roads. Continued maintenance
of private roads and their stormwater collection systems shall be
the responsibility of the property owner(s) served by the roads. Private
roads shall be maintained in a condition suitable for travel at the
design speed, as determined by the City Engineer, and passable for
emergency vehicles, as determined by the City. Prior to issuance of
construction permits, said property owner(s) shall enter into a legally
binding easement maintenance agreement, which shall be subject to
review and approval by the City Attorney.
(1)
The easement maintenance agreement shall acknowledge
that the road surface and easement area are privately owned and therefore
all construction and improvements within the easement will be contracted
and paid for by the signatories to the agreement.
(2)
The agreement shall describe the method by which maintenance
costs and costs of improvements will be apportioned among the original
users.
(3)
The agreement shall describe the method for apportioning
new users for a proportionate share of the maintenance costs and costs
of improvements. The agreement shall indicate that the method of apportioning
costs applies whether the new users are a result of:
(4)
The agreement shall outline a maintenance schedule
indicating intervals for road inspection. Such inspection shall be
accomplished by a licensed civil engineer and be the responsibility
of the signatories to the agreement. The results of the road inspection
shall be submitted to the City for review. The City may require maintenance
as described above.
I.
Special assessment provision for private roads. The
easement maintenance agreement shall contain a provision to permit
the City Council to authorize the repair of any private road which
is not being maintained adequately to permit safe access by users
and emergency vehicles, and to assess the cost of such repair, including
the costs of engineering and administration, to the signatories and
their successors and assigns to the agreement on an equitable basis.
The decision to authorize repair of a private road shall be at the
City Council's sole discretion in accordance with its legislative
powers.
J.
Recording of easement and maintenance agreement for
private roads. All road easements and road easement maintenance agreements
shall be recorded by the applicant at the office of the Wayne County
Register of Deeds and proof of their recording shall be submitted
to the City prior to any construction work on the private road.
K.
Declaration of nonconformity and intent of nonconforming
private roads and driveways. The City recognizes there exist private
drives, service roads and access easements which were lawful prior
to the adoption of this chapter which are inconsistent with the standards
herein. Such roads are declared by this section to be legal nonconforming
private roads or easements. The intent of this section is to permit
legal nonconforming private roads and easements to continue and undergo
routine maintenance for safety purposes, as determined by the Zoning
Administrator. This section is also intended to allow new construction
to occur on existing lots which front along such a road on the adoption
date of this section,[5] if the roads are reasonably capable of providing sufficient
access for the uses permitted in the zoning district and for provision
of emergency service vehicles.
[5]
Editor's Note: Refers to Ord. No. 435.
L.
Reconstruction, widening or extension of nonconforming
private roads. This section is also intended to discourage the extension
of nonconforming private roads or increase the number of lots or building
sites served by such a road, unless provisions are made to upgrade
such road to comply with the standards herein. Any reconstruction,
widening or extension of a nonconforming private road or access easement
shall be in conformity with this chapter, provided, if the extension
or land division results in no more than two new lots or dwelling
units, the road can be upgraded to the extent considered necessary
by the Planning Commission, based upon a recommendation of the Fire
Department, to bring the road up to reasonable condition in consideration
of the cost.
M.
Existing lots. For purposes of determining whether
a lot along a private road or access easement qualifies as an "existing
lot" as used in this section, at least one of the following conditions
must have existed at the time this section was adopted:[6]
(1)
The lot consists of a "condominium unit" for which
a master deed had been recorded with the Wayne County Register of
Deeds in accordance with the requirements of the Michigan Condominium
Act and other applicable laws and ordinances.
(2)
The lot consists of a parcel that was described by
metes and bounds as recorded by a deed or as a land contract, and
registered with the Wayne County Register of Deeds.
(3)
The lot had been assigned a unique parcel number by
the Wayne County Register of Deeds and was individually assessed and
taxed on that basis.
[6]
Editor's Note: Refers to Ord. No. 435.
N.
Miscellaneous.
(1)
Appeal procedures.
(a)
An applicant who is aggrieved by a decision
of the City in enforcing the provisions of this chapter may appeal
such decision to the Zoning Board of Appeals. In reviewing the appeal,
the Zoning Board of Appeals shall determine whether the standards
for variances and appeals have been met.
(b)
When considering an appeal for a variance to
allow construction of a gravel road within an unimproved public road
right-of-way or private road easement instead of a paved road as required
in this chapter, the Zoning Board of Appeals shall consider the following
criteria instead of the standards for variances and appeals contained
in the Zoning Code.
[1]
The potential that the road can be extended
to connect with other paved streets.
[2]
The number of lots that may be served by additional
extensions of the road.
[3]
Whether the road can serve to access currently
unsubdivided land.
[4]
The relative isolation of the lot in comparison
to the surrounding road network.
[5]
Comments from the Police Department and Fire
Department regarding the adequacy of construction for emergency vehicle
access.
(c)
All appeals must be filed, in writing, within
seven days following the decision.
(d)
Adjacent property owners within 300 feet of
the subject site shall be notified of the appeal and the date, time
and place at which the appeal will be considered.
(2)
Interpretation. The provisions of this chapter shall
be held to be minimum requirements, adopted for the promotion of the
public health, morals, safety, comfort, convenience and general welfare.
It is not intended by this chapter to repeal, abrogate, annul or in
any way to impair or interfere with any existing provision of law
or ordinance, or with any rules, regulations or permits previously
adopted or issued pursuant to law relating to the use of buildings
or premises; provided, however, that where this chapter imposes a
greater restriction than is required by existing ordinance or by rules,
regulations or permits, the provisions of this chapter shall control.
A.
Underground wiring. The proprietor shall make arrangements
for all lines for telephone, electric, television and other similar
services distributed by wire or cable to be placed entirely underground
throughout a subdivided area, except for major thoroughfare rights-of-way,
and such conduits or cables shall be placed within private easements
provided to service companies by the developer or within dedicated
public ways. However, overhead lines may be permitted upon written
recommendation of the City Engineer, the City Planner and the Planning
Commission, and with the approval of Council at the time of final
plat approval, where it is determined that overhead lines will not
be detrimental to the public health, safety and general welfare, to
the plat design and to the character of the subdivision. All such
facilities shall be paced in private easements provided to the service
companies or within public ways and shall be constructed in accordance
with standards of construction approved by the State Public Service
Commission. All drainage and underground utility installations which
traverse privately owned property shall be protected by easements
granted by the proprietor.
B.
Sanitary sewers. A sanitary sewerage system, including
all appurtenances, shall be required in all subdivisions.
C.
Water. A public water supply system, water mains,
fire hydrants and required water system appurtenances shall be constructed
in such a manner as to adequately serve all lots shown on the subdivision
plat, both for domestic use and fire protection.
D.
Storm drainage system. An adequate storm drainage
system, including necessary storm sewers, catch basins, manholes,
culverts, bridges and other appurtenances, shall be required in all
subdivisions. Adequate provision shall be made for the proper drainage
of stormwater runoff from residential yards. Each lot shall be graded
to allow stormwater to drain at a predetermined slope to storm drainage
collection points in such manner as not to interfere with the drainage
of abutting lots.
A.
Major thoroughfares. On major thoroughfares, a five-foot
wide concrete sidewalk located one foot from the property line on
the side of the roadway abutting the subdivision shall be provided.
In those instances where no good purpose would be served by the provision
of sidewalks, Council may waive this requirement.
B.
Collector streets. On collector streets, a five-foot
concrete sidewalk located one foot from the property line on each
side of the roadway shall be provided. In those instances where no
good purpose would be served by the provision of sidewalks, Council
may waive this requirement.
C.
Minor streets. On minor streets, a five-foot concrete
sidewalk located one foot from the property line on each side of the
roadway shall be provided. In those instances where no good purpose
would be served by the provision of sidewalks, Council may waive this
requirement.
D.
Marginal access streets. On marginal access streets,
a five-foot concrete sidewalk located one foot from the property line
on the private property side of the roadway shall be provided. In
those instances where no good purpose would be served by the provision
of sidewalks, Council may waive this requirement.
Streetlighting shall be provided and installed
entirely throughout the subdivided area or subdivision by and at the
sole cost of the subdivision proprietor. The type or nature of the
streetlighting facilities proposed to be installed by the subdivision
proprietor within the subdivided area or subdivision, the aesthetic
appearance of the streetlighting poles and lighting elements thereof,
the number of streetlights proposed to be installed within the subdivision
or subdivided area, the location or placement of each streetlighting
pole within the subdivision and, in general, all factors with respect
to the streetlighting proposed to be installed in the subdivision
shall be as approved by Council and shall be included in detail and
made a part of the preliminary plats and final plats of the subdivision.
A.
One tree shall be provided in the front yard of each
residential lot. Trees shall be of a large deciduous type and shall
be not less than three-inch caliper in size. Trees shall be planted
in accordance with the residential planting standards adopted by the
Planning Commission.
B.
Existing trees, comparable in size and type, may be
substituted for new trees.
The approvals required under the provisions
of this chapter shall be obtained prior to the installation of any
subdivision or project improvements within the City in public streets,
public alleys, public rights-of-way and public easements, and/or under
the ultimate jurisdiction of the City. All subdivision or project
improvements within the City installed in public streets, public alleys,
public rights-of-way or public easements, and/or under the public
alleys, public rights-of-way or public easements, and/or under the
ultimate jurisdiction of the City, shall comply with all of the provisions
and requirements of this Code and the Zoning Code.
