Any lot or parcel of land resulting from a division or partition
of lands pursuant to this Part 2 which does not abut a public road
shall abut a private road which has been approved by the Township.
Divisions with more than two panhandle parcels sharing a common driveway
shall be reviewed as a private road.
Road maintenance agreement, easement agreement, and deed restrictions
shall provide for the perpetual private (nonpublic) maintenance of
such roads and/or easements to a necessary and reasonable standard
to serve the several interests involved. These documents shall contain
the following provisions:
A. A method of initiating and financing of such road and/or easements
in order to keep the road in a reasonably good and usable condition.
B. A workable method of apportioning the costs of maintenance and improvements.
C. A notice that if repairs and maintenance are not made, the Township Board may bring the road up to the design standards specified in §
250-54 of this article and assess owners of parcels on the private road for the improvements, plus an administrative fee in the amount of 25% of out-of-pocket costs.
D. A notice that no public funds of the Township are to be used to build,
repair, or maintain the private road.
E. Easements to the public for purposes of emergency and other public
vehicles for whatever public services are necessary.
F. A provision that the owners of any and all of the property using
the road shall refrain from prohibiting, restricting, limiting or
in any manner interfering with normal ingress and egress and use by
any of the other owners. Normal ingress and egress and use shall include
use by family, guests, invitees, tradesmen, and others bound to or
returning from any of the properties having a right to use the road.
Additional information to be submitted prior to final concept
approval by the Planning Commission:
A. A copy of the drawing as prepared and approved by public utilities
to be serviced. Easements shall be shown on both the plan and the
survey.
B. Two copies each of the road maintenance agreement, easement agreement
and deed restrictions.
C. Ten copies of the construction plans for the private road prepared
by a civil engineer, shall be submitted to the Township for review
and recommendations of the Township Engineer, Township planning consultant
and Planning Commission.
(1) The plans shall include the following information:
(a)
Cover sheet (approved overall development plan).
(b)
Typical cross section and quantities.
(c)
Paving and drainage plan (showing drainage for each structure)
(one-inch-equals-one-hundred-feet scale).
(d)
Sanitary sewer and water main plan (one-inch-equals-one-hundred-feet
scale).
(e)
Underground utilities plan (gas, electric and telephone) (one-inch-equals-one-hundred-feet
scale).
(f)
Street paving, drainage, sanitary sewer, water main, gas, telephone
and electric layout plans in detail (plan one-inch-equals-fifty-feet
scale) (profile one-inch-equals-five-feet scale).
(2) General information.
(a)
Drawing on sheet size (24 inches by 36 inches plan and profile).
(e)
Contours (two-foot intervals).
(f)
Topography (trees, etc.).
(g)
Permanent B.M. elevations (USGS datum).
(h)
Street names (approved by the County Road Commission).
(i)
Lot layout (informational purposes).
(3) Roads.
(a)
Proposed sixty-foot road right-of-way.
(b)
Road alignment (survey data).
(c)
Intersection alignment including sight distance for intersection
of private and public roads.
(d)
Method of constructing dead-end streets.
(e)
Plan and profile elevations and grades.
(f)
Vertical curves: length, elevations.
(g)
Soil borings (500 feet maximum spacing and 10 feet minimum depth
below proposed grade or existing ground whichever is deeper) to be
shown on plan and profile sheets.
(h)
Area to be cleared or disturbed during grading and installation
of improvements. This area shall be shaded or cross hatched and divisioned
in a manner that can be laid out in the field by the Township Engineer.
(i)
Disposition of unsuitable materials removed for road construction.
(j)
An approach permit from the County Road Commission shall be
obtained.
(k)
Location of the County Road Commission approved street name
sign and stop sign.
(l)
Other items as determined by the Planning Commission.
D. Should the Planning Commission find that all conditions have been
satisfactorily met, it may recommend final concept approval to the
Township Board. All information and recommendations from the Planning
Commission will be forwarded to the Township Clerk for Township Board
consideration.
[Amended 2-25-1997 by Ord. No. 53A]
A. Requirements for underground wiring. The applicant shall make arrangements
for all lines for telephone, electric, television and other similar
services distributed by wire or cable to be placed underground entirely
throughout a private road land division area.
B. Sewage disposal. All sanitary systems shall meet minimum County Health
Division requirements or better. Unless sewered, all parcels must
be approved by the County Health Department for on-site septic systems.
C. Water supply. All water supply systems shall meet minimum County
Health Division requirements or better. All divided parcels shall
be served by a central water system for domestic use and fire protection.
If it is demonstrated to the Township Board by detailed estimates
and calculations prepared by a registered engineer that compliance
with this provision would not be economically feasible, and would
result in a taking of all use of the property proposed to be divided,
and further demonstrated that there is no feasible alternative use
of the property which would be economically feasible, the Township
Board may fashion appropriate relief found to be the minimum required
in order to allow use of the property which is economically feasible.
D. Storm drainage system.
(1) Storm drainage systems shall be installed based upon plans approved
by the Township Engineer, designed to achieve a system of long-term
drainage control and/or disposition in order to achieve standards
of applicable Township ordinances and to insure against erosion and
unreasonable on-site and off-site negative impacts of drainage pattern
modification, taking into consideration both qualitative and quantitative
impacts.
(2) Adequate and safe disposal of all rear yard storm drainage shall
be provided in accordance with details and specifications prescribed
by the Township Engineer.
(3) The private road land division shall be graded in such a manner as
to control soil erosion and sedimentation, pursuant to the standards
prescribed for soil erosion and sedimentation control, Part 91 of
Public Act No. 451 of 1994 (MCLA § 324.9101 et seq.).
No building or occupancy permits shall be issued by the Building
Department for the use of any parcel of land which has resulted from
a division or partition without the approvals required by this Part
2.
Fees to be charged pursuant to this Part 2 shall be as set,
or from time to time amended, by a resolution of the Township Board.
The Zoning Board of Appeals shall have the power to authorize upon application in specific cases, a variance from the terms of this Part
2 contained in §
250-54, regarding design standards for private road land division. The consideration by the Zoning Board of Appeals shall be based upon the standards for consideration of a variance set forth in the Township Zoning Ordinance.
Any person, firm or corporation or anyone acting on behalf of said persons, person, firm or corporation, violating any of the provisions of this Part
2 shall, upon a determination of responsibility thereof, be subject to a civil fine as set forth in Chapter
1, Article
I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, a Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this Part
2. Each day that a violation is permitted to exist shall constitute a separate violation.