[Added 10-17-2019 by Ord.
No. 117-2019]
A.
The purpose of this article is to regulate the construction, maintenance
and use of new and existing private roads within the Township, to
provide procedures for review and appeal, and to promote and protect
the public health, safety and welfare. It is further the purpose of
this article to encourage property owners to make use of private roads
to prevent additional curb cuts on public roads, and to ensure that
private roads are maintained by the private property owners who own
and use the road.
B.
The provisions of this article shall apply to the creation, construction,
improvement and maintenance of shared driveways and private roads.
In addition to the definitions in Article II of this chapter, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A person who holds a legal interest in land and who submits
an application seeking approval for a private road or shared driveway
on the land.
A private road designed to serve seven or more single-family
residential lots, or has the potential to be extended to serve a total
of seven or more single-family residential lots, or designed to serve
four two-family residential lots, or any combination of two-family
residential lots with single-family lots that total seven or more
units. The road may also serve two or more nonresidential uses, or
any combination of residential and nonresidential uses, not including
agricultural uses and farm buildings.
A private road designed to serve four to six single-family
residential lots or designed to serve two or three two-family residential
lots or any combination of two-family residential lots and single-family
residential lots that total between four and six family units.
Improvement of the road surface with gravel aggregate or
a hard surface, such as concrete or asphalt.
Includes cash, irrevocable letter of credit issued, or surety
bond. The irrevocable letter of credit or surety bond should be written/issued
by a licensed bank or insurance company in Michigan and should be
approved by the Township Attorney.
For purposes of this article, this term shall apply to an
easement statement and easement maintenance agreement(s) which are
legally binding and which are written in a form so as to be recordable
with the Berrien County Register of Deeds.
A driveway designed to serve two or three single-family residential
lots or any combination of two-family residential lots and single-family
residential lots that total three or fewer family units.
Buchanan Township Board of Trustees.
A.
No zoning compliance permit shall be issued by the Township, or official
of the Township, unless the structure, building or improvement for
which a zoning compliance permit is required is on a lot or parcel
of land which meets the minimum lot width for the district in which
it is located. All lots must abut on a public road, private road or
shared driveway easement for an uninterrupted distance equal to the
minimum lot width specified for the district in which it is located.
B.
Land located within a private road or shared driveway easement shall
not be counted in determining compliance with lot area and lot width
requirements.
C.
Conveyance of interest in land abutting a private road. Whenever
an owner of land in the Township sells or otherwise grants an interest
in land that fronts on or is served by a private road, or accepts
any offer to purchase an interest in the land, the owner shall provide
notice, in recordable form, to the purchaser that the land abuts a
private road. This notice shall:
(1)
Explain the maintenance, care, and other responsibilities concerning
the private road.
(2)
Explain that the maintenance, care, and other responsibilities
concerning the private road shall not be the responsibility of the
Township, Berrien County Road Department, State of Michigan, or any
other governmental entity.
(3)
Explain that the purchaser shall assume all responsibilities
immediately upon purchase of the land that fronts on or is served
by a private road.
(4)
A copy of this notice shall be supplied to the Township Assessor
upon transfer of the property deed.
A.
No construction shall begin on any shared driveway or private road
until a permit has been issued, on forms provided for that purpose
by Buchanan Township, and following compliance with the requirements
as set forth in this chapter. This requirement applies to all new
construction, extensions or improvements of a private road or shared
driveway.
B.
Shared driveway. A shared driveway may be approved by the Zoning
Administrator upon review of an application accompanied by the following:
(1)
A plan showing all lots to be served, the location and width
of the shared driveway easement, the width of the proposed improved
surface, the materials to be used for the improved surface, the frontage
of all lots served by the shared driveway, and any drainage or utility
structures to be located in the easement.
(2)
Easements and easement maintenance agreements for the shared driveway, as required by § 300-22A.09 of this article. The Zoning Administrator may forward these documents for review by the Township Board prior to approval of the shared driveway.
(3)
If the shared driveway intersects a public road or state trunk
highway, permits from the Berrien County Road Department shall be
submitted. If the shared driveway intersects an existing private road,
written permission from the owners, association or authority that
owns the private road shall be submitted.
C.
Private road. A private road may be approved by the Township Board,
after recommendation from the Planning Commission. Two copies and
a digital copy of an application for a permit shall be delivered to
the Zoning Administrator and filed with the Township Clerk at least
30 days before the Planning Commission meeting at which the proposal
is proposed to be reviewed. No application shall be accepted until
all of the following information is supplied, unless waived by the
Zoning Administrator:
(1)
A completed application, on a form supplied by the Township.
(2)
All fees required by the Township, as determined by the Township
Board.
(3)
A set of completed plans, prepared and sealed by a civil engineer
registered in the State of Michigan, which includes all required information.
The Zoning Administrator may waive the requirement of a separate set
of road plans only where the required road construction information
is incorporated into the overall site plan of a development.
(4)
The names and addresses of the lot or parcel owners to be served
by the private road.
(5)
A vicinity map of a minimum scale of one inch equals 2,000 feet,
showing the location of the private road in the Township, including
any access roads and cross streets, road names, a scale and a North
arrow.
(6)
Existing topography at one-foot contour intervals for the portions
of the site sufficient to determine drainage from the private road
easement to a suitable stormwater outlet. Elevations shall be based
on the most current United States Geological Survey (USGS) data.
(7)
Proposed improvements (including, but not limited to, roads, sewers and ditches) shown in the plan and profile indicating all materials, grades, dimensions and bearings in compliance with the standards set forth in §§ 300-22A.07 and 300-22A.08 of this article.
(8)
All existing and proposed grades, the location of all existing
and proposed drainage facilities, the location of existing and/or
proposed utilities and structures, other structures, physical and
natural features adjacent to such improvements, and any connections
to existing public and private roads.
(9)
Soil borings within the proposed route of the road. Existing
tree coverage and wetland areas within 100 feet of either side of
the proposed route shall be included.
(10)
The location of existing buildings on the lots or parcels being
served or intended to be served by the private road as well as any
existing building or structures in or adjacent to any proposed road
easement.
(11)
The existing or proposed location of public and/or private utilities
and easements, such as gas, electric, water, sewer, telephone, cable
television, etc.
(12)
A complete statement of all terms and conditions of the proposed road easement, including copies of all easement document and easement maintenance agreement(s), submitted in accordance with the requirements of §§ 300-22A.09 and 330-22A.10 of this article. The easement and maintenance agreement(s) shall be in recordable form.
A.
Staff review. The private road application and related plans and
materials shall be reviewed by the Township Zoning Administrator.
A private road that intersects a public road shall require review
and approval by the Berrien County Road Department. A private road
that intersects a state trunk line shall require review and approval
by the Michigan Department of Transportation. The applicant shall
be responsible for application and coordination of approvals from
other agencies. All permits, reviews and recommendations shall be
forwarded, in writing, to the Planning Commission and Township Board.
B.
Planning Commission review and recommendation. The Planning commission
shall review all private road applications along with all Township
Planner's and Engineer's reviews and recommendations, at a regularly
scheduled public meeting. The Planning Commission shall recommend
to the Township Board approval, approval with conditions, or denial
of the private road application based on the requirements of this
article.
C.
Township Board review and determination. After receiving recommendation
from the Planning Commission, the Township Board shall review all
private road applications along with all planning and engineering
reviews and recommendations, at a regularly scheduled public meeting.
The Township Board shall approve, approve with conditions, or deny
the private road application based on the requirements of this article.
D.
The applicant shall post a performance guarantee in an amount determined
necessary by the Building Inspector to ensure that the private road
is built to the standards listed in this article or any other Township
ordinance. If the applicant fails to construct the private road according
to the approved plan, the Township shall use the applicant's performance
guarantee to correct any problems or errors in construction created
by the applicant or their contractors.
E.
Expiration of approval. If the construction, including the removal
of vegetation and/or soil disturbance, of the private road does not
commence within nine months of final approval, or if construction
has not been completed within 12 months after it has commenced, the
private road approval shall become null and void and a new application
shall be required. Before the end of the 11th month of the private
road approval, an applicant may request, in writing, to the Township
Board for a six-month extension of a private road approval. The Township
Board may grant the extension if it finds that the approved site plan
adequately represents current conditions and the plan conforms to
current ordinance standards.
F.
Administrative relief. Where there are practical difficulties restricting
an applicant from meeting the strict letter of this article, the Township
Board, based on recommendations from the Planning Commission, Building
Inspector and/or Zoning Administrator, shall have the authority to
grant relief of specific requirements. Relief shall only be granted
for the following purposes:
A.
All shared driveways shall be located within an easement with a minimum
width of 33 feet. In the event that a shared driveway is expanded
to a private road, the new private road must meet the current Berrien
County Road Department standards, and all parcels must meet the current
standards of Buchanan Township Zoning Ordinance.
B.
The improved area shall have a minimum width of 10 feet and shall
be constructed of gravel aggregate or a hard surface.
A.
All private roads shall be located within an easement with a minimum
width of 66 feet.
B.
Compliance required. It shall be unlawful for any person, association,
organization or corporation to create, establish or build a private
road within the Township, unless it is constructed in accordance with
the current Berrien County Road Department standards for public roads
unless otherwise provided for in this article.
C.
Private roads shall be named and, upon construction of the road,
appropriate signs shall be erected to identity the road name. Names
of private roads shall be approved by the Berrien County Road Department.
The applicant is responsible to pay all expenses for approval and
signage.
D.
All private roads shall be drained according to Berrien County Road
Department standards.
E.
Class A private road.
(1)
A Class A private road shall be improved with a hard surface,
meeting Berrien County Road Department requirements.
(2)
The road shall be designed to connect with another public road
or another Class A private road.
(3)
The private road shall be designed so that it has a reasonable
probability of dedication as a public road at a future time.
(4)
The road may also serve two or more nonresidential uses, or
any combination of residential and nonresidential uses, not including
agricultural uses and farm buildings.
F.
Class B private road. A Class B private road shall be improved with
a hard surface or gravel aggregate meeting the Berrien County Road
Department's roadway standards, with the exception that the hard-surfaced
pavement is excluded and the aggregate base shall be MDOT Specification
23A as opposed to the 22A required as a base on paved roadways.
G.
Inspections. The applicant shall notify the Township 48 hours prior
to commencement of construction to facilitate inspection at various
stages of construction by the Building Inspector. Inspections conducted
by the Building Inspector are intended to ensure that the road is
being constructed in compliance with the standards in this article
or any other ordinance and the approved site plans.
H.
Spot inspections during construction may be conducted to ensure proper
completion of the following work items where applicable:
I.
Approval of any construction phase by the Building Inspector does
not guarantee approval of subsequent phases or approval of the constructed
road.
J.
Upon completion of the private road, the applicant or its engineer
shall submit two sets of as-built drawings to the Zoning Administrator
and two sets to the Building Inspector. The Building Inspector shall
review the as-built drawings and conduct a final inspection to ensure
that all visible construction, including cleanup, has been satisfactorily
completed.
K.
Final inspection. An inspection shall be conducted by the Building
Inspector upon completion of the private road to ensure that the road
is constructed in compliance with the requirements in this or any
other section of this chapter and the approved private road plans.
L.
Performance guarantee. To assure completion and/or maintenance of
a private road in accordance with the requirements set forth in this
article, the Township shall require the applicant to provide a performance
guarantee in an amount determined necessary by the Building Inspector
to insure that the private road is built to the standards listed in
this article and any other Township ordinance. If the applicant fails
to construct the private road according to the approved plan, the
Township shall use the applicant's performance bond to correct any
problems or errors in construction created by the applicant or its
contractors.
A.
Easement document. The applicant shall submit a shared driveway or
private road easement, in recordable form, meeting the following minimum
requirements:
(1)
A detailed legal description of the easement.
(2)
A provision providing for unrestricted access for emergency
and public vehicles used in performance of necessary public services.
(3)
A description of the method by which the initial costs of construction
will be paid. If more than one property owner will share in the cost
of initial construction, then the easement document shall specify
the formula that will be used to apportion the costs.
(4)
A description of the method for apportioning costs to subsequent
users for any subsequent extensions or improvements to the road.
(5)
Language prohibiting any property owner served by the shared
driveway or private road from restricting or interfering with the
normal ingress or egress of other property owners, their families,
guests, invitees, tradespeople, and others traveling to or leaving
from any of the properties served by the road.
(6)
A statement that the Township Board may require that future
abutting private roads or public roads connect to the existing private
road.
B.
A private road and shared driveway easement shall be submitted to
the Township Zoning Administrator. After making any necessary revisions,
the private road or shared driveway easement shall be recorded with
the County Register of Deeds. Proof of this recording shall be submitted
to the Township Zoning Administrator and Township Assessor prior to
any construction of the private road, including the removal of vegetation
and/or soil disturbance.
A.
Continued maintenance of private roads and road drainage facilities
shall be the responsibility of the property owner(s) served by the
road. Prior to issuance of construction permits, all property owner(s)
shall enter into a legally binding easement maintenance agreement,
which shall be submitted in recordable form. At a minimum, the easement
maintenance agreement shall contain the following:
(1)
Provisions for the establishment of a private road association,
which shall be responsible for the maintenance of the private road.
The association shall consist of all owners of property that are served
by the private road.
(2)
Language to specifically address the liability and responsibility
of the association and the parties to the agreement to maintain the
private road according to the specifications of this article, including,
but not limited to, the responsibility of removing snow, repairing
and/or grading the private road(s).
(3)
A statement that the agreement runs with the land and shall
include the requirements of § 330-22A.04 of this article,
pertaining to notification of future owners of their maintenance responsibilities.
(4)
The 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 private
road association.
(5)
Methods of apportioning maintenance costs.
(a)
Original users. The easement maintenance agreement shall describe
the method by which maintenance costs and costs of improvements will
be apportioned by the original users.
(b)
Apportioning costs to subsequent users. The easement maintenance
agreement shall describe the method for apportioning subsequent users
for proportionate share of the maintenance costs and costs of improvements.
(c)
The easement maintenance agreement shall indicate that the method
of apportioning costs applies whether the subsequent users are a result
of:
(6)
Continuing obligation. The easement maintenance agreement shall
specify that obligation to maintain the easement shall be an obligation
running with the land to be served by the private road and shall be
binding upon the owner(s) of such land and their heirs, successors,
and assigns.
(7)
The agreement shall specify, placing on notice all future purchasers,
mortgagees and others with possible interest in the development, that
the Township will not approve any building permits for construction
on any parcel before it is served by the road in compliance with the
standards set forth in this chapter.
B.
Township responsibility. The provisions in the easement maintenance
agreement shall in no way be construed to obligate the Township to
perform regular inspections of the easement area or to provide necessary
repairs or maintenance.
C.
The Township may intercede in the maintenance of a private road only
if a potential health or safety hazard could be created if the road
is not being maintained in accordance with Township standards. Enforcement
of the maintenance agreement shall be the responsibility of each private
road association.
D.
Special assessment provision. The easement maintenance agreement
shall contain a provision to permit the Township Board to authorize
the repair of any private road which is not being maintained adequately
to allow for safe access by users and emergency vehicles and to assess
the cost of such repair, including the cost of engineering and administration,
to the owners of property served by the private road on an equal basis.
The decision to authorize repair of a private road shall be at the
Township Board's sole discretion in accordance with its legislative
powers.
E.
Maintenance needs. The easement maintenance agreement shall acknowledge
the responsibilities of the private road association to maintain the
following: surface grading and resurfacing at regular intervals, snow
and ice removal, repair of potholes, maintenance of road drainage
systems; maintenance of unobstructed vision at any intersection with
another private or public road; annual dust control; and regular cutting
of weeds and grass within the easement.
F.
The easement maintenance agreement shall be submitted to the Zoning
Administrator and reviewed by the Township Attorney. After making
any necessary revisions, the easement maintenance agreement shall
be recorded with the County Register of Deeds. Proof of this recording
shall be submitted to the Zoning Administrator prior to any construction
of the private road, including the removal of vegetation and/or soil
disturbance. Any amendments to or terminations of an easement maintenance
agreement must be submitted to the Township for review and approval
prior to execution and recording with the County Register of Deeds.
G.
Any lot added to a private road existing at the time of the adoption
of this chapter shall be responsible for its fair share of the road
maintenance as required by the easement maintenance agreement. If
the addition of new lots is not addressed by the existing agreement,
or if there is no agreement, the new lot shall not be created until
an easement maintenance agreement is changed to acknowledge the addition
of new lots or a new agreement is created. The easement maintenance
agreement shall meet the requirements of this article.
An existing private road that is not in compliance with current
standards or the requirements of this article may be extended or improved,
provided:
A.
The private road shall be upgraded to current Berrien County Road
Department standards, at the direction of the Building Inspector,
to safely carry the expected traffic load and provide year-round access
to adjoining properties, including access by emergency vehicles. Upon
approval, the aforementioned road must also meet all applicable Township,
county and state road construction specifications.
B.
The applicant(s) requesting such extension(s) or improvement(s) shall
assume the financial responsibility for covering the entire costs
associated with the design and construction of a road extension or
improvement, unless an alternate method of shared costs is developed
and unanimously agreed upon as an amendment to the maintenance agreement
by all existing property owners served by the private road and the
applicant. The amendment shall be recorded and submitted to the Zoning
Administrator before final approval of the road extension and/or improvements.
C.
All legal and financial details regarding alternative methods of
apportioning costs for the extension(s) or improvement(s) of a private
road shall be negotiated between the applicant and the existing property
owners served by the road. Buchanan Township shall not be responsible
for any costs for extensions or improvements made to private roads.
D.
Notwithstanding the above, if the owners of a conforming private
road that complies in all respects with the requirements of this article
opt to upgrade or improve the road, the plans, which shall in all
respects conform to the requirements of this article, shall be reviewed,
and upon a recommendation of approval from the Building Inspector,
approved administratively by the Zoning Administrator. It shall be
the responsibility of the owners of the private road to show that
the existing road is in complete conformance with the requirements
of this article.
Commercial properties shall not gain direct access from a private
road that is already serving residential properties unless the request
to gain access is approved unanimously by all existing property owners
served by the road.
A.
If, after appropriate investigation, the Building Inspector, the
Zoning Administrator and the Fire Chief determine that any private
road has become obstructed, impassable, unsafe or has deteriorated
to such disrepair that the Township may not be able to supply adequate
police, fire and emergency vehicle access to residences located on
the private road, the Zoning Administrator shall give written notice
of the violation to those property owners served by the private road
and to the private road association, if one exists.
B.
If there is no reply from the property owners and/or the private road association within 21 days of notification, or repairs and corrective maintenance are not corrected or abated by the date specified, the Zoning Administrator shall request authorization from the Township Board to bring the road up to the design standards specified in this chapter and assess owners of parcels served by the private road for the improvements according to § 300-22A.09D, Special assessment provision, plus an appropriate administration fee, to reimburse costs incurred by the Township, as permitted by appropriate law. No public funds of the Township shall be used to build, repair or maintain the private road.
C.
If the property owners respond to the Township within 21 days of
notification and request an extension of time, the Zoning Administrator
shall review the information submitted with the reply. Upon finding
that an extension is warranted because of unique circumstances and
that an extension will not cause imminent peril to life, health or
property, the Zoning Administrator may request the Township Board
to extend the specified time limit to a date certain, if the Board
concurs that the reply indicates that the violation shall be corrected
or abated by the date certain and that all future maintenance will
comply with the regulations as set forth herein.
The construction, extension or improvement of any shared driveway or private road in conjunction with a land division application under Chapter 142, Land Division, of this Code and the Michigan Land Division Act (1997 P.A. 87, as amended)[1] proposed land division plan must be completed. Prior to
final approval of the land division, the applicant must provide a
shared driveway or private road easement maintenance agreement in
proposed land division plan recordable form that is approved by the
Township and which must be recorded with the Berrien County Register
of Deeds at the expense of the applicant. No building permits will
be issued for any proposed divisions or resulting parcels until all
of the requirements of this Code have been met.
[1]
Editor's Note: See MCLA § 560.101 et seq.
The provisions of this article shall not apply where private
roads are proposed as part of site plan review required by this Code
and are reviewed and approved by the Planning Commission and/or the
Township Board, including, but not limited to, planned unit developments,
subdivision plats, and site condominiums.
