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.
[1]
Editor's Note: See Ch. 215, Stormwater Management.
(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.
[2]
Editor's Note: See Ch. 235, Trees.
(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.
[3]
Editor's Note: See Ch. 217, Streets and Sidewalks, Art. I, Street Openings, Excavations and Obstructions.
(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.
[4]
Editor's Note: See Ch. 270, Zoning.
(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:
(a) 
Extension of the private road or driveway beyond its initial length; or
(b) 
Connection to another private road; or
(c) 
Division of property that is served by the private road or shared driveway.
(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.
(3) 
Penalty. Penalties for violation of this section shall be punishable as provided in Chapter 1, General Provisions, § 1-5. The provisions of Chapter 1, Article II, Municipal Civil Infractions, also apply to violations of this section.
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.
C. 
The following trees shall not be permitted to satisfy the requirements of this section:
(1) 
Box elder.
(2) 
Soft maple (red or silver).
(3) 
Elm.
(4) 
Poplar.
(5) 
Catalpa.
(6) 
Willow.
(7) 
Trees of Heaven.
(8) 
Horse chestnut (nut-bearing).
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.