The Township 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 article to be legal nonconforming
private roads or easements. The intent of this article 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 article is also intended to allow new construction
to occur on existing lots which front along such a road on the adoption
date of this article, 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.
This article 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 Road Committee and the Fire Department to bring the road up
to reasonable condition in consideration of the cost.
For purposes of determining whether a lot along
a private road or access easement qualifies as an "existing lot" as
used in this article, at least one of the following conditions must
have existed at the time this article was adopted:
A.Â
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.
B.Â
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.
C.Â
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.
