A.
It is in the interest of the public health, safety and welfare that
the Township regulate the design, construction, maintenance, improvement,
extension and use of private roads and driveways.
B.
Such regulation will help to assure that private roads and driveways
are designed with sufficient width, surface and grade to ensure safe
passage and maneuverability of private vehicles and Fire Department,
law enforcement, ambulance and other safety and rescue vehicles; that
private roads and driveways are constructed of suitable materials
to minimize maintenance, to minimize soil erosion and avoid or prevent
damage to lakes, streams, wetlands and the natural environment of
the Township; to establish procedures and minimum provisions for the
approval of private streets and driveways.
A.
DRIVEWAY
PRIVATE ROAD
SHARED DRIVEWAY
Definitions. As used in this article, the following terms shall have
the meanings indicated:
An improved or unimproved route of vehicular access serving
one lot or other parcel of land, or one principal building, dwelling,
dwelling unit or structure, or any combination thereof.
A nonpublic road that provides the means of vehicular access
to three or more lots or other parcels of land, or three or more buildings,
dwellings, dwelling units or structures, or a combination thereof.
An improved or unimproved route of vehicular access from
a public or private street to two lots or two other parcels of land
or two principal buildings, dwellings, dwelling units, or any combination
thereof.
B.
The private road requirements of this article shall not apply to
internal roads or access routes that serve only one lot or parcel
of land which has direct public or private street frontage and is
under the control of one person or entity and which is developed for
uses subject to site plan review under the terms of this chapter.
Such internal roads or access routes shall not provide the principal
means of access to any abutting lot or other parcel of land. Such
roads or access routes satisfying the conditions of this subsection
and which are exempted from the private road requirements of this
article include those serving multifamily dwelling developments, nursing
homes, manufactured housing communities and commercial developments.
A.
The design, construction and use of a private road, including the
extension, improvement or relocation of an existing private road,
is subject to the issuance of a private road permit under the terms
of this article.
B.
The design, construction and use of a driveway of 75 feet or more in length or a shared driveway of 75 feet or more in length, including the extension, improvement or relocation of a driveway or a shared driveway, is subject to the issuance of a driveway or shared driveway permit by the Zoning Administrator, upon verification of compliance with the driveway or shared driveway requirements of § 450-28.11.
An applicant for approval of a proposed private road shall submit
to the Zoning Administrator a complete private road application, on
a form provided by the Township, and which shall include at least
the following:
A.
The names and addresses of the owners and other parties having an
interest in the private road, the property within which it is to be
constructed, and the lots and parcels to be served by the private
road.
B.
The legal descriptions, addresses, if known, and the permanent parcel
numbers of all lots and parcels to be served by the private road.
C.
A site plan, drawn to a scale not less than one inch equals 200 feet,
prepared by a registered engineer or registered land surveyor, showing
at least the following:
(1)
The location, route, elevations, design and dimensions of the
private road and the private road easement, in compliance with the
requirements of this article.
(2)
The location, route, elevations, design and dimensions of the
private road extension, together with the same information as to the
existing private road, if the application is for an extension of an
existing private road.
(3)
The lots or other parcels of land to be served by the private
road and by any future extensions of the private road, including all
dimensions thereof.
(4)
The location(s) at which the private road is proposed to intersect
with a public street or another private road.
(5)
The location of all public utilities, including but not limited
to water, sewer, telephone, gas, electricity and television cable
to be located inside the private road easement or within 20 feet of
the easement.
(6)
The location of any lakes, streams and drains within the proposed
private road easement or within 100 feet of the easement.
(7)
The locations of all principal buildings and principal structures
currently located on the lots or other parcels of land to be served
by the private road.
(8)
A detailed cross section of the private road, in compliance
with the private road construction requirements of this article.
D.
The recordable instrument establishing and describing the easement
for the proposed private road, in compliance with the terms of this
chapter.
E.
The recordable private road maintenance agreement or comparable restrictive
covenant, in compliance with the terms of this chapter.
F.
A soil erosion and sedimentation control permit, as issued by the
County Road Commission or other agency having jurisdiction, if applicable.
G.
A permit or written preliminary approval issued by the County Road
Commission and/or, if applicable, the Michigan Department of Transportation,
approving the location of the private road intersection with the public
street.
H.
The application fee and the required amount of a zoning escrow deposit.
I.
The name and address of the applicant's private road contractor and
a written summary of the contractor's experience in road construction.
J.
All other matters and information required by the terms of this article
and other applicable provisions of this chapter.
A.
An application for a private road shall be subject to the review
and approval of the Zoning Administrator, except that an application
for a private road which is part of a planned unit development, condominium
or site condominium, or platted subdivision shall be subject to the
review and approval of the Planning Commission and Township Board,
in accordance with the procedures and requirements of this chapter
or other applicable ordinances for the approval of such developments
or land divisions.
B.
The Zoning Administrator shall review the application and other materials
to verify compliance with the requirements of this article.
C.
The Zoning Administrator, if necessary, in concert with the Township
Engineer, shall assist the applicant in the placement of the private
road in order to minimize tree removal and alteration of the natural
terrain; to avoid wetlands or areas of poor drainage as well as steep
slopes; and to ensure private road and parcel design in accordance
with the character of the land and the design requirements of this
article.
D.
If the Zoning Administrator determines that the application and other
required submittals comply with the requirements of this article,
the Administrator shall approve the application and issue a preliminary
private road permit. The permit shall consist of a stamp noting the
Administrator's approval and containing the Administrator's signature
and the date of approval. The permit shall authorize construction
of the private road in accordance with the requirements of this article.
E.
If the Zoning Administrator denies the application, the reasons for
denial shall be provided to the applicant, in writing. The applicant
may appeal the Administrator's denial to the Planning Commission.
The appeal shall be heard by the Planning Commission at a public meeting,
after written notice to the applicant. After hearing the appeal, the
Planning Commission shall affirm the denial, shall reverse the denial
or shall affirm the denial with conditions.
F.
The preliminary private road permit shall be valid for a period of
one year from the date of approval. If the applicant has not requested
inspection of the constructed private road within such one-year period,
the permit shall expire, and the applicant shall apply for a new permit
before construction commences or resumes.
G.
During the construction of the private road, the Zoning Administrator
or the Township Engineer shall conduct periodic inspections to verify
that construction is occurring in accordance with the requirements
of this article.
H.
Upon completion of construction of the private road, the applicant
shall notify the Zoning Administrator, who shall then inspect the
private road, or such inspection shall be carried out by the Township
Engineer. If the Administrator then approves the private road, the
Administrator shall issue a final private road permit, which shall
authorize the use of the private road; after issuance of the permit,
building permits for buildings to be served by the private road may
be issued if applicable building code requirements have been satisfied.
If the private road is not approved as constructed, the Zoning Administrator
shall prepare and provide to the applicant a written statement of
the deficiencies in the private road and the reasons for denial of
the permit. Thereafter, a final private road permit shall not be issued
until the deficiencies have been corrected and a final inspection
has been conducted. If a final private road permit is denied, the
applicant may appeal the denial to the Planning Commission. The Commission
shall consider the denial at a public meeting, after written notice
to the applicant, and the Commission shall then affirm the denial,
reverse the denial or affirm the denial with conditions.
(1)
Prior to final inspection of a private road, the applicant shall
provide the Zoning Administrator with a set of as-built drawings of
the private road, in paper and electronic format, bearing a statement
from the registered engineer or registered land surveyor who prepared
the private road site plan, to the effect that the private road has
been completed in accordance with the requirements of this article.
(2)
Prior to the issuance of a final private road permit, the applicant
shall remove from the private road easement and properly dispose of
all debris resulting from the construction of the private road.
A preliminary or final private road permit shall not be issued
unless the private road complies with the requirements of this section.
A.
The private road shall be located within an easement at least 66
feet wide which shall also contain all utilities.
B.
The area within the easement in which the private road is to be located
shall have a minimum cleared width of 28 feet which shall be maintained
at all times. All branches extending over the traveled surface of
the road shall be trimmed and maintained to a height of 14 feet above
the ground.
C.
The traveled surface of the private road shall be at least 22 feet
wide, except that if the private road is to include valley gutters
or curbing, the valley gutters or curbing shall be constructed at
the outside edges of the private road, resulting in the private road
having a minimum required traveled surface of 26 feet.
D.
The traveled surface of private roads shall be as follows:
(1)
A private road serving at least three but not more than 10 residential
lots, dwellings or dwelling units:
(a)
A minimum subbase of 12 inches of MDOT Class II sand and a minimum
base of six inches of MDOT 22A compacted gravel.
(b)
The traveled surface shall be at least 22 feet wide.
(c)
The surface of the private road may be gravel; if paved, the private road surface shall comply with the paving requirement stated in § 450-28.06D(2), with respect to the paving of a private road serving more than 10 lots.
(d)
Provisions shall be made for adequate drainage of the road surface
and adjacent lands satisfactory to the Zoning Administrator.
(2)
A private road serving more than 10 residential lots, dwellings
or dwelling units:
(a)
A minimum subbase of 12 inches of MDOT Class II sand and a minimum
base of six inches of MDOT 22A compacted gravel.
(b)
The traveled surface of the private road shall be at least 22
feet wide.
(c)
The traveled surface shall be paved with at least three inches
of bituminous aggregate, consisting of 1 1/2 inches each of bituminous
aggregate meeting MDOT Specification 3C for the leveling course and
MDOT Specification 4C for the surface course.
(d)
Provisions shall be made for adequate drainage of the road surface
and adjacent lands satisfactory to the Zoning Administrator.
(3)
A private road serving a commercial or industrial use or a development
which includes commercial or industrial uses:
(a)
The traveled surface of the private road shall have a minimum
subbase of 12 inches of MDOT Class II sand and a minimum base of eight
inches of MDOT 22A compacted gravel.
(b)
The traveled surface shall be at least 22 feet wide.
(c)
The traveled surface shall be paved with a minimum of 3 1/2
inches of bituminous aggregate, consisting of 1 1/2 inches of
bituminous aggregate meeting MDOT Specification 3C for the leveling
course and two inches of bituminous aggregate meeting MDOT Specification
4C for the surface course.
(d)
The private road shall be provided with concrete curbs and gutters
or with such other type of outside edging of the private road as may
be approved by the Planning Commission in site plan review and approval
or in other zoning approval. If the private road is provided with
concrete curbs and gutters, the measurement of the minimum required
traveled private road surface shall not include the concrete curbs
and gutters.
E.
The private road surface shall have a minimum slope of 2% from the
center line of the private road to the outside edge of the road shoulder.
F.
To the extent practical, a private road shall be designed with a
longitudinal road grade not exceeding 6%. A longitudinal road grade
up to a 10% grade may be permitted, if the Zoning Administrator and
the Township Engineer determine that the increased grade would not
adversely affect public safety.
G.
The intersection of a private road with a public street or another
private road shall be located such that clear vision, safe turning
and travel in all directions is assured, as determined by the County
Road Commission and/or the Zoning Administrator or, if applicable,
the Michigan Department of Transportation.
H.
The minimum distance between intersections of public streets and/or
private roads shall be at least 200 feet, as measured between the
nearest right-of-way and/or easement lines.
I.
A private road which terminates at a dead end shall have a means
for vehicle turnaround approved by the Township Engineer. The turnaround
area may be in the form of a cul-de-sac with a minimum radius of 40
feet, designed in accordance with the County Road Commission's requirements
for a residential cul-de-sac or other applicable type of cul-de-sac.
If an island is provided within the turnaround area, a larger radius
may be required.
J.
The area adjacent to a private street cul-de-sac shall be cleared
up to a distance of 10 feet from the edge of the traveled surface.
Other turnaround designs may be approved by the Township Fire Chief.
A temporary turnaround may be approved when a private road is extended
to a property boundary for future access to adjacent lands.
K.
A private road or interconnected private road system shall not serve
more than 50 residential lots, or 50 dwellings or dwelling units,
unless a second means of access is provided for all of the lands served
by the private road or private road system. No cul-de-sac or dead-end
road shall exceed a length of 2,000 feet, measured from the nearest
edge of the intersecting road or street pavement to the end of the
cul-de-sac or turnaround area.
L.
The method and construction technique to be used in crossing any
natural stream, drainagecourse, or similar feature shall satisfy the
requirements of the Zoning Administrator, Township Engineer, Township
Fire Department, and any other agency having jurisdiction, as applicable.
To the extent possible, the crossing shall be located at the narrowest
point and where the impact will be the least disruptive to the natural
surroundings.
M.
The edge of the private road shall be no closer than 25 feet to the
edge of a stream, drainagecourse or body of water, except where a
crossing occurs. All required measures shall be used to prevent soil
from entering the stream, drainagecourse or body of water both during
and after construction, in accordance with applicable Township ordinance
requirements or the requirements of the Township Engineer.
N.
A private road shall be given a name, and street signs shall be installed
in accordance with the requirements of the County Road Commission.
A street address shall be conspicuously posted at a location visible
from the private road.
O.
A stop sign shall be installed at each intersection of the private
road with a public street and the intersection of the private road
with another private road, as directed by the Zoning Administrator
or the County Road Commission, as applicable.
P.
A private road shall not be constructed through or on a slope of
10% or greater; provided, however, that the Zoning Administrator,
in consultation with the Township Engineer, may permit such construction
if all of the following requirements are complied with:
(1)
The slope is not a significant natural feature of the overall
site.
(2)
The private road right-of-way, in whole or in part, shall not
be located on a slope which is steeper than one foot of elevation
for each three feet of lineal distance.
(3)
Clearing and grading for the construction of the private road
shall occur only within the private road right-of-way.
(4)
The private road shall not be designed, located or constructed,
in whole or in part, whereby travel thereon may be hazardous or otherwise
potentially unsafe, by reason of excessive slopes, especially in cold
weather conditions or as a result of other adverse land conditions
or road location.
Q.
A private road shall be improved, maintained, repaired, and snowplowed
to ensure that the private road is safe for travel at all times and
fully accessible for emergency vehicles.
If the private road is part of a planned unit development (PUD)
or a special land use, the private road standards contained herein
may be modified by the Planning Commission and approved by the Township
Board, if the modifications are necessary to achieve the intent and
purposes of the PUD regulations or the special land use provisions.
A.
The applicant shall obtain and provide the Zoning Administrator with
a signed, recordable private road maintenance agreement, restrictive
covenant or similar recordable legal instrument satisfactory to the
Township between the owner(s) of the private road and all other parties
having an interest therein.
B.
The private road maintenance agreement shall include at least the
following:
(1)
Provisions that assure the private road will be maintained,
repaired, and snowplowed for the full length and width of the roadway,
in accordance with the requirements of this article and in a manner
to assure the private road is safe for travel at all times.
(2)
Provisions that assure the cost of maintenance will be paid
for in an equitable manner, among all parties in interest or in other
equitable manner.
(3)
A legal description of the private road easement and a legal
description of the individual properties to be accessed by the private
road as of the date of recording.
(4)
Provisions whereby the parties signing the agreement, including
all owners of the private road easement, shall indemnify the Township
and hold it harmless from any and all claims for personal injury and/or
property damage arising out of or in any way relating to the failure
to properly construct, maintain, repair and replace the private road.
(5)
If the private road is included in a planned unit development,
a condominium or a site condominium, the required contents of a private
road maintenance agreement may instead be included in the applicable
instruments whereby the planned unit development, the condominium
or the site condominium is established and approved. If the private
road is included in a platted subdivision, the required contents of
the maintenance agreement may be included in restrictive covenants
recorded with respect to the platted subdivision, subject to the approval
of the Zoning Administrator.
A building permit shall not be issued for any principal building,
dwelling or principal structure located on a lot or other parcel of
land, the access to which is by means of a private road, until the
Zoning Administrator has issued a final private road permit, except
as follows:
A.
Upon written request of the applicant, and if the private road construction
has progressed sufficiently in the opinion of the Zoning Administrator
to provide safe access to the lots or other parcels for which building
permits are desired, the Zoning Administrator may accept 1) a cash
deposit under the terms of an acceptable escrow agreement, or 2) a
satisfactory letter of credit from the applicant for the private road
or the applicant for the building permit. The letter of credit or
the amount of the cash deposit under the escrow agreement shall be
in such amount as determined by the Zoning Administrator as sufficient
to ensure the completion of construction of the private road in accordance
with the requirements of this article within one year from the issuance
of the building permit. Other terms and conditions of the cash deposit
escrow agreement or the letter of credit shall be subject to Zoning
Administrator approval.
B.
A certificate of occupancy shall not be issued for any principal
building, dwelling or other principal structure located on a lot or
other parcel, access to which is by means of the private road, until
the Zoning Administrator has issued the final private road permit.
Changes in existing private roads, including extensions thereof,
construction of new buildings, division of lots and other changes
shall be permitted only as follows:
A.
Existing lots. Notwithstanding other provisions of this chapter,
a principal or accessory building or structure may be erected upon
an existing lot or parcel which is accessed from an existing private
road if:
(1)
The land upon which the building is to be erected constitutes
a lot of record as of April 10, 2000.
(2)
The private road providing access to the lot is graded and maintained,
has a sufficient surface, and affords a means for crossing streams
or similar features, so that the route from the public road to the
lot is passable by emergency vehicles on a year-round basis. This
is an additional regulation upon use of existing nonconforming lots
of record.
B.
New lots. Notwithstanding the other provisions of this chapter, if
a building or structure is proposed to be erected upon a lot which
does not constitute an existing lot of record as of April 10, 2000,
and an existing private road is used to provide access to such lot,
then a building or structure and permitted accessory buildings and
structures may be erected if the private road is brought into compliance
with the standards in this article for new private roads, based upon
the total number of lots to be provided access by the private road,
with the following exceptions:
(1)
Any improvement of the existing private road shall be required
only along the direct travel route from the public road to the driveway
of the lot on which the building is to be located.
(2)
Review and approval shall be by the Zoning Administrator, who
may, in the exercise of reasonable discretion, waive application requirements
that are not necessary to review compliance with this chapter.
(3)
If the legal rights of third parties prevent compliance with
the minimum standards for right-of-way width for new private roads,
then the minimum required right-of-way width may be reduced to the
minimum extent necessary, but to not less than 30 feet.
(4)
Requirements for minimum distance between intersections of public
and private road rights-of-way, required setbacks from streams, drainagecourses,
or other bodies of water, and limitations on construction in areas
of slopes greater than 20% shall not apply; provided, however, that
portions of a private road within 25 feet of a watercourse need not
be paved, widened, or otherwise improved if the Zoning Administrator
determines that improvements to such section of the road, or construction
to make such improvements, would be detrimental to the watercourse.
(5)
The requirement for a road maintenance agreement shall be waived if the owners of the properties abutting the road refuse to agree upon a road maintenance agreement. In that case, the property owner shall execute and the Township shall record against the property for which the new building is proposed a restrictive covenant that the owner of the property shall ensure that the private road shall be maintained, repaired, and snowplowed so as to ensure that it is safe for travel at all times and provides sufficient access to emergency vehicles along the direct travel route from the public street to the driveway of the lot on which the building is to be located. Such covenant will not relieve other parties who utilize the private road from the responsibilities under Subsection A of this section, nor shall it modify rights and obligations for maintenance of the road among private parties which exist by law or agreement.
C.
Extensions limited. A private road which does not comply with the
requirements of this article shall not be extended in length, nor
shall any new private road be constructed which intersects with such
noncompliant private road, unless the entire length of the private
road is brought into compliance with the requirements of this article
for new private roads, based upon the total number of lots or other
parcels to be provided access by the private road, with the following
exceptions:
(1)
Physical improvement of the private road shall not be required
for dead-end and/or cul-de-sac branches of a private road system which
are not located on any route from the public street to the private
road extension.
A.
This section applies only to driveways and shared driveways as defined
in this chapter.
B.
A building permit shall not be issued for a dwelling, other principal
building or other principal structure which is to be served by a driveway
or shared driveway unless the proposed driveway complies with the
requirements of this section. A driveway or shared driveway subject
to this section shall comply with all of the following minimum requirements:
(1)
Minimum construction requirements.
(a)
A driveway shall provide access to only one lot or one principal
building, dwelling, dwelling unit or any combination thereof. A shared
driveway shall provide access to two lots, parcels, buildings, dwellings
or dwelling units or any combination thereof.
(b)
A shared driveway shall be located within a recorded easement
not less than 33 feet wide.
(c)
The area in which the driveway or shared driveway is to be located
shall have a minimum cleared width of 20 feet.
(d)
Tree branches or other vegetation extending over any part of
the minimum cleared width of a driveway or shared driveway shall be
trimmed to a height of at least 14 feet above the ground.
(e)
The traveled surface of a driveway shall be at least 12 feet
wide; the traveled surface of a shared driveway shall be at least
16 feet wide.
(f)
The traveled surface of a driveway or shared driveway shall
have a subbase of stable soil and a minimum top surface of six inches
of MDOT 22A compacted gravel.
(g)
The driving surface of the driveway or shared driveway shall
be crowned to facilitate drainage.
(h)
The inside radius of any driveway or shared driveway curve shall
be a minimum of 50 feet.
(i)
The longitudinal slope of a driveway that is 75 feet or more
in length or a shared driveway that is 75 feet or more in length shall
not exceed 10%, unless a steeper driveway is approved by the Zoning
Administrator and the Township Engineer.
(j)
The traveled surface, cleared width, and cleared area above
the driveway or shared driveway shall be adequately maintained by
the property owner, or by those persons with a legal right to use
the driveway, to ensure safe passage of private and emergency vehicles.
(k)
If a driveway or shared driveway crosses any natural stream
or drainagecourse, adequate provisions shall be taken to maintain
the surface water flow to the satisfaction of the Zoning Administrator
and any other agency having jurisdiction.
[1]
The method used in crossing any natural stream,
drainagecourse, or similar feature shall have a sufficient load capacity
to safely support Fire Department equipment.
(l)
A driveway or shared driveway shall be no closer than 25 feet
to a stream, drainagecourse or other body of water, except where the
driveway or shared driveway crosses the natural stream, drainagecourse
or other body of water.
(m)
The street address of the lot or parcel served by the driveway,
and the street addresses of the lots or parcels served by the shared
driveway, shall be posted in a conspicuous place on the respective
properties so that the address or addresses are visible from the intersecting
public street or private road.
(2)
The application for a building permit for a building, dwelling
or structure which is to be served by a driveway or shared driveway
shall include a driveway permit issued by the County Road Commission,
if applicable.
(3)
A shared driveway which intersects a public road shall not be
located closer than 125 feet, center line to center line, to another
shared driveway, or public street or private road intersection. The
Zoning Administrator may reduce the separation distance upon a finding
that existing conditions, such as lot widths, locations of other shared
driveways or roads, topography, or other natural constraints, make
compliance impractical.
(4)
If there is an existing easement for a shared driveway that
is intended to provide access to a lot of record, a building permit
shall not be issued for a principal building on the lot, unless the
easement and the shared driveway comply with the requirements of this
section.
(5)
A shared driveway existing as of April 10, 2000, which thereafter becomes a private road by approved extension or other approved means, the existing portion of the shared driveway shall be treated as an existing private road under § 450-28.10 of this article.
(6)
A certificate of occupancy shall not be issued for any principal
building, dwelling, dwelling unit or other principal structure located
on property, the access to which is gained by a driveway or shared
driveway, until the driveway or shared driveway has been completed
as required by this article, except that if, at the time a certificate
of occupancy may otherwise be issued, inclement weather conditions
prevent the completion of the driveway or shared driveway, the certificate
may nevertheless be issued if the Building Official determines that
safe and convenient access to the dwelling is assured, but, in such
a case, the driveway or shared driveway shall be fully completed in
accordance with this article as soon as weather conditions permit.
(7)
The design, construction and use of a driveway of 75 feet or
more in length or a shared driveway of 75 feet or more in length,
including the extension, improvement or relocation of a driveway or
a shared driveway, is subject to the issuance of a driveway or shared
driveway permit by the Zoning Administrator, upon verification of
compliance with the driveway or shared driveway requirements of this
section.
