It is hereby determined necessary in the maintenance of orderly development of the community and in providing for the health, safety, and welfare of the residents and property owners of the Township of Watervliet to regulate the construction of private roadways in the Township which is not otherwise subject to platting procedures and requirements.
[HISTORY: Adopted by the Board of Trustees of the Watervliet Charter Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-16-1996 by Ord. No. 58 (Ch. 30.000 of the Compilation of Ordinances)]
Any lot or parcel of land which does not abut a public street shall abut a private road meeting the standards of this article. This article shall not apply to access roads internal to any individual lot or parcel of land, as defined herein, which has direct public street frontage access and is under the control of one person, firm, corporation or association, provided that the access road does not provide access to any abutting lot or parcel of land. Examples of access roads that may be exempted from the provisions of this article include those serving apartment complexes, mobile home parks, nursing homes, hospitals, factories, schools and shopping centers which are otherwise subject to site plan review and approval under the provisions of Chapter 450, Zoning, of the Watervliet Township Code.
As used in this article, the following terms shall have the meanings indicated:
A grant of one or more property rights by the property owners to and/or for the use by the public, a corporation or another person or entity.
A parcel of land of at least sufficient size, and containing sufficient buildable area, to meet the minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are required by Chapter 450, Zoning, of the Watervliet Township Code, as amended. The word "lot" includes the word "plot" and "parcel." In the context of the Condominium Act, Act 59 of the Michigan Public Acts of 1978,[1] the word "lot" shall also mean the same as building site and is that portion of a site condominium subdivision project designed and intended for separate ownership and/or exclusive use, as described in the site condominium subdivision project's master deed and which meets minimum zoning requirements for use, coverage and area as required by Chapter 450, Zoning, of the Watervliet Township Code, as amended.
In the context of the Condominium Act, "lot" may be further defined as:
A condominium unit consisting of the area under a building or building envelope and the contiguous area around the building or building envelope; or
The contiguous limited common element under and surrounding a condominium unit that is or shall be assigned to the owner(s) of the condominium unit for the owner's (owners') exclusive use.
A privately owned and maintained road which has not been accepted by the public for ownership and maintenance, which persons, in addition to the owners of the property underlying said road, have a lawful right to use for ingress and egress, whether as invitees, by common custom or otherwise. This definition does not include a private driveway which serves one one-family or one two-family residence.
An easement which is granted exclusively for private access to one or more parcels of land and which contains or is intended to contain a private road.
Any public thoroughfare dedicated for the purpose of traffic circulation and principal means of access to abutting property including any avenue, place, way, drive, boulevard, highway, street, or other thoroughfare except an alley.
A general term denoting land, property, or a property interest, usually in a strip, acquired for or devoted to transportation purposes which has been dedicated for public use.
[1]
Editor's Note: See MCLA § 559.101 et seq.
A.
All private roads shall be located within a private road easement. Such easement shall not be less than 66 feet in width at any point if it serves residential uses or less than 80 feet wide at any point if it serves nonresidential uses. At any dead end of such easement that exceeds 200 feet, the easement shall widen such that there is a minimum radius of 67 feet for residential use and 82 feet for nonresidential use.
B.
The maximum grade for any private road shall not exceed 8%.
C.
A dead-end private road or cul-de-sac shall not exceed 800 feet in length.
D.
Private roads shall not connect with dead-end public streets when the effect would result in a combined length of public and private road in excess of 1,000 feet.
E.
Private roads shall not interconnect with the public street network in a manner that will preclude the extension of public streets within areas where the future extension of public streets is necessary to further the logical, orderly, and efficient development of the overall public street network. In making such determination, the Township Board shall consider the circulation pattern and traffic volumes on nearby public streets, existing and proposed land use in the general area, the recommendations contained within the Watervliet Township Master Plan and Major Street Plan, if applicable, and the street and highway plans of the Berrien County Road Commission and Michigan Department of Transportation.
F.
All private roads shall be given a street name that is not the same or similar to any other street name in the county. A street sign bearing the street name given the private road meeting Berrien County Road Commission standards as to design, location, and maintenance shall be erected and maintained where such private roads adjoin any public road.
G.
All private road easements shall contain provisions for permitting the installation of public utilities.
H.
The maximum number of lots on a single access cul-de-sac or dead-end road shall not be more than 25.
I.
Where private roads in existence prior to the effective date of this article are to be extended within the original parent parcel but not to adjacent parcels, the existing road may be extended at its present easement width, provided that the entire private road is improved to the construction specifications of this article, except for width.
J.
All improvements installed or constructed as required under the terms of this article shall be made and maintained at the expense of the property owner(s) or developer.
K.
A description of all roads constructed hereunder shall be recorded with the Berrien County Register of Deeds.
A.
Minor private roads. A private road which serves five or less lots or parcels shall have a minimum width of 18 feet with a two-foot shoulder on each side. The road base shall consist of at least six inches of gravel base with an eight-inch sand subbase. The roads shall widen at any dead end so there is at least a forty-foot-diameter turnaround.
B.
Major private roads. A private road which is to serve six or more lots or parcels shall be built to meet or exceed the specifications illustrated on the attached specification drawing. The road shall widen at any dead end so there is at least a forty-foot-diameter turnaround.
Prior to issuing a building permit for a building on a lot served by a private road, the private road shall be approved by the Township Board in accordance with the following procedures:
A.
Preliminary approval by Planning Commission:
(2)
In addition to the above site plans, a maintenance agreement, easement agreement, and deed restrictions which provide for the perpetual private (nonpublic) maintenance of the private road and easement to a necessary and reasonable standard to serve the several interests involved shall be provided. 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 no public funds of the Township of Watervliet are to be used to build, repair, or maintain the private road.
(d)
Easements to the public for purposes of emergency and other public vehicles for whatever public services are necessary.
(e)
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.
(3)
Should the Planning Commission find that all conditions have been satisfactorily met, it may recommend preliminary approval to the Township Board. All information and recommendations from the Planning Commission will be forwarded to the Township Board for consideration.
B.
Preliminary approval by the Township Board.
(1)
Preliminary approval by the Township Board authorizes the applicant to commence road construction. Preliminary approval expires in one calendar year if the applicant fails to obtain final approval. The one-year period may be extended if applied for by the applicant and granted by the Township Board in writing.
(2)
The Township Board shall have the final decision regarding application for private road construction. The Board may waive or revise any requirement of this article which in its judgment would cause unnecessary hardship to the applicant.
C.
Road construction.
(1)
All necessary approvals and permits of the Berrien County Road Commission shall be obtained, including approval of street name.
(2)
Prior to the start of any clearing or grading, the work area shall be staked by the developer's engineer or surveyor.
(3)
All private roads shall be inspected by the Township Engineer during the construction of the road. Two working days' notification shall be given to the Township Engineer's office before commencing construction of the road. The owner and/or contractor shall hold liability insurance for the road construction.
D.
Final approval by the Township Board.
(1)
In order to request placement on the Township Board agenda for final approval, the applicant shall obtain and/or complete the following:
(2)
The following information shall be submitted to the Township Clerk at least 14 days prior to the Board meeting.
(a)
Eight copies of recorded land survey and legal descriptions showing easements for underground electrical and communication service lines, drainage, sanitary sewer, private road and dedication of any public road right-of-way.
(b)
Two copies of recorded road maintenance agreement.
(c)
Two copies of recorded deed restrictions and easements.
(3)
If there is compliance with this article and other applicable Township ordinances, the Township Board may give final approval to the private road. A copy of the plan shall also be submitted to Berrien County Road Commission and appropriate fire departments.
Permits not to be issued. No building or occupancy permits shall be issued by the Building Official for the use of any parcel of land served by a private road unless such road has been approved by the Township Board as provided herein.
Fees to be charged pursuant to this article shall be as set, or from time to time amended, by a resolution of the Township Board.
This article and each of the various parts, subsections, sentences, phrases, and clauses before are hereby declared to be severable. If any part, section, subsection, sentence, phrase, or clause is determined to be invalid or unenforceable for any reason by a court of competent jurisdiction, it is hereby provided that the remainder of this article shall not be affected thereby and shall remain in full force and effect.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 or imprisoned for not more than 90 days, or both. Each day such violation continues shall be considered a separate offense.