ORDINANCE NO. 41
PRIVATE ROAD ORDINANCE
As
Amended Through
An
Ordinance to protect the health, safety, and general welfare of the inhabitants
of
The
SECTION 1.01 PURPOSE The Township has hereby determined that as
large tracts of land are divided, sold, transferred, and developed, private
access roads are being created to provide access to the newly divided
properties which are not subject to regulation under the Michigan Subdivision
Control Act of 1967 and other State regulations. The Township determines it is in the best
interest of the public health, safety, and welfare to regulate the construction,
improvement, extension, relocation, and use of private roads to assure:
A. THAT
private roads are designed with width, surface, and grade to assure safe
passage and maneuverability of private vehicles, police, fire, ambulance, and
other safety vehicles.
B. THAT
said roads are constructed of suitable materials to ensure minimal maintenance
and safe passage.
C. THAT
private roads will be constructed so as to protect against or minimize soil
erosion and prevent damage to the lakes, streams, wetlands, and natural
environment of the Township.
SECTION 1.02 DEFINITIONS For purposes of this section, the following
terms are defined as follows:
A. An
"existing private road" is a private road or a private road system
which is used to provide access to two or more existing lots, or dwelling units
as of the effective date of this Section.
B. An
"existing lot" is a lot which, as of the effective date of this
Section, meets at least one of the following conditions:
(1) the lot consists of a parcel described by metes and bounds
for which a deed has been recorded with the Ottawa County Register of Deeds, or
of a parcel described by a land contract or memorandum of land contract which
has been recorded with the Ottawa County Register of Deeds;
(2) the lot has been assigned its own permanent parcel number by
the Ottawa County Property Description and Mapping Department and is
individually assessed and taxed on that basis;
or
(3) the lot consists of a "condominium unit" (i.e., a
portion of a condominium project designed and intended for separate ownership
and use as described in the condominium master deed) located within a
"site condominium" development for which a condominium master deed
has been recorded with the Ottawa County Register of Deeds in accordance with
the requirements of the Michigan Condominium Act (PA 59 of 1978, as amended,
MCLA 559.101 et seq.) and other applicable laws and ordinances.
C. An
"existing dwelling unit" is a single family home for which a building
permit has been issued by the Township as of the effective date of this
Ordinance.
SECTION 1.03 GENERAL REQUIREMENTS AND APPLICATION TO
EXISTING PRIVATE ROADS
A. After
the effective date of this Ordinance, a private road shall not be constructed,
extended, relocated, or improved except in accordance with the minimum
standards and requirements of this Ordinance.
If an additional lot is proposed adjacent to an existing private road,
the road shall meet the requirements of Section 1.04E and a private road permit
must be obtained as per Section 1.06. If
an existing private road is proposed to be extended then the existing portion
shall be improved to meet the standards of this Ordinance. The new portion shall also comply with the
standards of this Ordinance
B. Private
roads are permitted in all zoning districts.
C. The
provisions of this Ordinance shall not apply to access roads internal to any
individual lot or parcel of land 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 Ordinance include those serving
multi-family dwellings, nursing homes, hospitals, factories, schools, mobile
home parks, and shopping centers which are otherwise subject to site plan
review and approval under the provisions of the Port Sheldon Township Zoning
Ordinance.
D. The provisions of this Ordinance pertaining to names for private roads, house numbers and minimum lot frontage shall apply to an existing private road serving two or more lots.
E. Private
roads shall not interconnect with the public street network in a manner that
will preclude the 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 Port Sheldon Township Master Plan and
Major Street Plan, if any and if applicable, the Street and Highway Plans of
the Ottawa County Road Commission and Michigan Department of Transportation.
F. Where
private roads in existence prior to the effective date of this ordinance are to
be extended or improved and serving five (5) or less lots, the existing road
may be extended or improved provided that the entire private road is improved
to the construction specifications of Section 1.04 (E) of this ordinance except
for paving. A private road permit must
be obtained as per Section 1.06.
G. Where private roads in existence prior to the effective date of this ordinance are to be extended or improved and serving six (6) or more lots, the existing road may be extended or improved provided that the entire private road is improved to the construction specifications of Section 1.04 (E) of this ordinance including paving. A private road permit must be obtained as per Section 1.06.
H.
Where a private road serving five (5)
lots or less has been approved and constructed under the terms of this
ordinance and is proposed to be extended to serve six (6) or more lots, the
existing road may be extended provided that the entire private road is improved
to the construction specifications of Section 1.04 (E) of this ordinance
including paving. A private road permit
must be obtained as per Section 1.06.
SECTION 1.04 MINIMUM
STANDARDS FOR PRIVATE ROADS
A. A
private road shall be located within a private road easement. Such easement shall not be less than
sixty-six (66) feet in width.
At any dead-end of such
easement, the easement shall widen such that there is a minimum radius of sixty
(60) feet.
B. A
lot shall have frontage on the private road easement which is at least equal to
the minimum lot width required for the zoning district in which the lot is
located. Lots fronting on a cul-de-sac
may be reduced to forty (40) feet at the front lot line, as long as the lot
meets the minimum width requirement at the minimum front yard setback line.
C. A
private road shall intersect and connect to a public road. The private road shall have a minimum of
sixty six (66) feet of frontage at its access point to the public road. A private road shall not be approved which
accesses a public street or road by another private road.
D. A
private road serving two (2) or more lots shall be given a street name that is
not the same or similar to any other street name in the county.
E. A
new private road serving six (6) or more lots is required to be paved with a
minimum of two (2) inches of asphalt or equivalent dustless surface and shall
have a minimum width of sixteen (16) feet with a three (3) foot shoulder on
each side (see Figure 2). A new private
road serving five (5) or less lots is not required to be paved but shall have a
minimum width of sixteen (16) feet with a three (3) foot shoulder on each side
(see Figure 1). Shoulder grading shall
not exceed a slope of one half of an inch per foot. The road shall have a minimum of two tenths
(0.2) crown from centerline to the edge of the road. The road base shall consist of at least a six
(6) inch gravel base (MDOT 22A) with a twelve (12) inch sand sub-base (MDOT
Class 2). The road shall widen at any
dead-end so there is at least a forty (40) foot radius turn-around. The top elevation of the roadway shall be a
minimum of three (3) feet above the seasonal high water table. (Amended September 17, 1997)
F. A
private road shall not exceed a grade of eight (8) percent; provided that
within 30 feet of the intersection of a private road with any other private
road or with any public right-of-way, a private road shall not exceed a grade
of one and one-half (1.5) percent.
G. A
private road shall be constructed in a manner to provide effective storm water
drainage and to prevent run-off onto adjacent property. If a private road crosses a natural drainage
course, stream or other natural body of water, the method of crossing (by
bridge, culvert or other structure) must be certified by a registered
professional engineer that it complies with applicable Ottawa County Drain
Commission and State of
H. A
dwelling unit which derives its primary access from a private road shall
display a house number in a manner so that the number is at all times readily
visible from the private road. The house
numbers shall be a minimum of three (3) inches in height.
I. In
determining the location of a private road, consideration shall be given to
safety of traffic entering and exiting the driveway in relationship with the
public road.
SECTION 1.05 ROAD MAINTENANCE
A. Road
Maintenance Agreement. (Amended Nov. 16,
1996)
The applicant (s) and/or owners(s) of the
proposed private road shall provide to the Township Clerk a recorded road
maintenance agreement, access easement agreement, and deed restrictions in
compliance with Section 1.06(B)(5) which shall provide for the perpetual
private (non-public) maintenance of such roads and/or easements to a necessary
and reasonable standard to serve the parties having an interest in the private
road. These documents shall contain the
following provisions.
(1) 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.
(2) A workable method of apportioning the costs of maintenance
and improvements, including the potential of future paving, if the road is
extended to serve six (6) or more lots.
For new private road applications and for applications for the extension
of existing private roads submitted after October 31, 1996, the recorded road
maintenance agreement and the method of apportioning the costs of maintenance
and improvements shall provide that any future improvements required or desired
shall be completed over the entire length of the private road and/or any
extensions thereto.
(3). A notice that if repairs and maintenance are not made, the
Township Board may bring the road up to the design standards specified in
Section 1.04 and assess owners of parcels on the private road for the
improvements, plus an administrative fee in the amount of 5% of the total cost
of the improvements.
(4). A notice that no public funds of the
(5). Easements to the public for purposes of utilities, emergency
and other public vehicles for whatever public services are necessary.
(6). 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.
B. Road
Maintenance and Improvement Standards.
(Amended, Nov. 16, 1996)
(1) Improvements to and maintenance of private roads shall be
accomplished so as to provide for a consistent surface maintained to meet the
requirements of this Ordinance throughout the entire length of the private
road.
(2) The road maintenance agreements for all existing private
roads and private roads approved by the Township prior to
SECTION 1.06
PROCEDURE FOR REVIEW OF PRIVATE ROADS
A. Permit
Application and Fee
An application to establish,
extend, or relocate a private road shall be filed with the Township Zoning
Administrator along with a fee as set by the Township Board. The submission shall be made as set by the
resolution adopted by the Township Board for establishing submission
deadlines. The application shall contain
or be accompanied by the following information: (amended
(1) The name(s) of the owners and any other parties having any
legal interest in the private road and the property across which it is to be
constructed.
(2) Permanent parcel number or legal description of the property
over which the private road is to be constructed.
(3) A site location map not to scale which shows the location of
the parcel containing the road to surrounding properties and roadways within
one-half mile of the site.
(4) A scaled drawing showing the location, route, dimensions,
specifications and design of the private road and any proposed extensions of
the road, existing or proposed curb cuts and the location and distance to any
public street which the private road is to intersect, in compliance with this
Ordinance.
(5) A scaled drawing illustrating the proposed lot divisions.
(6) A road maintenance agreement, access easement agreement and
deed restrictions as described in Section 1.05 herein, shall also accompany the
application.
(7) A driveway permit application from the Ottawa County Road
Commission.
(8) A letter from the Ottawa County Road Commission indicating
there is no known duplication of the proposed private road name.
B. Review
of Permit Application (amended March 20, 1997)
(1) The permit application, drawings and other required
information shall be forwarded to the Planning Commission upon review by the
Zoning Administrator to determine compliance with the standards for private
roads. Not less than five (5) and no more than fifteen (15) days prior to the
meeting, the Township Clerk shall send a notice to all property owners within
three hundred (300) feet of the subject property.
Such notice shall
describe the approximate location of the proposed new private road or the
extension or relocation of an existing private road and the date, time and
place of the Planning Commission meeting at which the application will be
considered. Such notice shall also
invite all interested residents of the Township to attend said meeting for the
purpose of commenting on the application.
(2) The Planning Commission shall review this information and may
consult with the Township Fire Chief, Attorney, Engineer or Planner as deemed
necessary. A quorum of the Planning
Commission shall be present to review and decide upon the permit application.
(3) The applicant shall submit the petition at least thirty (30)
days prior to the next Planning Commission meeting to be added to that meeting’s
agenda for consideration. (amended October 14, 2004)
(4) The Planning Commission shall recommend approval or denial of
the permit application within sixty (60) days of receiving all requested
information from the applicant and all desired recommendations (e.g. from
Planner, Fire Chief, Attorney, etc.). (amended
October 14, 2004)
(5) If the Planning Commission finds that the application meets
the requirements of this Ordinance, it shall then approve by a majority of the
membership the application and direct the Zoning Administrator to issue a
permit for the construction of the private road. This permit shall consist of a stamp noting
approval and containing the signature of the Zoning Administrator and the date
of approval. Two copies of the private
road plans shall be stamped for approval, one copy shall be kept by the
applicant, and one by the Township. This
construction permit is not a Private Road Permit and does not authorize the
construction of any dwelling units on the private road. The construction permit is valid for a period
of one (1) year from the date of approval.
If construction of the private road has not commenced before this date,
the permit shall expire. A new permit
shall be required before construction can begin.
(6) If the Planning Commission denies the application, the
Planning Commission meeting minutes shall be provided to the applicant within
fourteen (14) working days of the date of the Planning Commission meeting.
(7) Final Compliance Requirements - Upon completion of
construction of the private road, the applicant shall provide to the Zoning
Administrator: a) a letter from a
registered professional engineer or the Ottawa County Road Commission that the
road has been constructed in compliance with the approved private road plans,
and b) documentation that the road
maintenance agreement, access easement and deed restrictions have been recorded
with the Ottawa County Register of Deeds office, and c) a driveway permit for the private road from the Ottawa County
Road Commission.
(8) Private Road Permit Issuance - Upon approval of all
items required for final compliance, the Zoning Administrator shall issue a
Private Road Permit.
(9) Permits for Dwellings on Private Roads - A building
permit shall not be issued for any principal dwelling which derives its primary
access from a private road unless a Private Road Permit has been issued by the
Township and the road has either been completed in accordance with the approved
permit or the applicant for the building permit or owner(s) of the private road
right-of-way have provided the Township with cash or irrevocable letter of
credit in an amount determined by the
Township, to insure construction of the private road in accordance with the
approved private road construction permit within one (1) year from the issuance
of the building permit.
The letter of
credit shall contain a provision that the Township shall have the right to
access the letter of credit if such letter is not renewed 30 days before the
expiration date of the letter.
(10) Permits for Dwellings on Existing Private Roads and Existing
Lots - A Private Road Permit shall
not be required for the issuance of a building permit for a principal dwelling
on an existing lot which derives its primary access from an existing private
road as defined herein except as provided in Section 1.03 herein.
SECTION 1.07 TOWNSHIP LIABILITY The owner(s) of the private road agree by
applying for and securing a permit to construct the private road that they
shall indemnify and save and hold the Township harmless from all claims for
personal injury and/or property damage arising out of the failure to properly
construct, maintain, repair and replace the private road. Such wording shall appear on the application
for the permit and be signed by the applicant.
SECTION 1.08 VARIANCES Any person affected by a decision regarding
this Ordinance shall have the right to appeal the decision to the Township
Board within twenty one (21) days. Such
appeal shall be filed with the Township Clerk in writing and shall state the
reasons for appeal and any documents in support thereof. The Township Board shall establish a time for
hearing the appeal which shall be no later than sixty (60) days after filing. Written notice of such hearing by first class
mail shall be provided to all adjacent properties which depend or may depend in
the future on the private road for access and all properties within 300 feet of
such private road and to all Planning Commission members. Such notice shall be given not less than
seventy-two hours prior to such hearing.
The decision of the Township Board shall be set forth in writing and be
delivered to the applicant within thirty (30) calendar days following the
hearing. The decision of the Township
Board shall be final. An appeal may be
taken to Circuit Court. The Township
Board shall grant variances only upon a finding, from reasonable evidence, that
the following facts and conditions exist: (amended November 11, 2004)
A. THAT
the authorizing of such variance will not be of substantial detriment to
adjacent property and will not materially impair the intent and purposes of
this Ordinance or the public interest.
The possibility of increased financial return shall not of itself be
deemed sufficient to a variance.
B. THAT
the condition or situation of the specific piece of property, for which the
variance is sought is not of so general or recurrent a nature as to make
reasonably practicable the formation of a general regulation for such
conditions or situation.
C. THAT
by reason of exceptional narrowness in width, breadth, length, or shape of
specific piece of property on the effective date of the Ordinance, or by reason
of unusual topographic conditions, or other extraordinary situation or
condition of the land, building, or structure or of the use of property
immediately adjoining the property in question, the literal enforcement of the
requirements of this Ordinance would involve practical difficulties or would
cause undue hardship.
D. WHERE
there are practical difficulties or unnecessary hardship in the way of carrying
out the strict letter of this Ordinance is observed, public safety secured and
substantial justice done.
SECTION 1.09 PENALTIES Any person who violates a provision of this
Ordinance shall be responsible for a municipal civil infraction, and upon an
admission or determination of responsibility thereof, shall be subject to a
fine of not more than Five Hundred and 00/100 ($500.00) Dollars, plus court
costs. Each day that a violation occurs
shall be considered a separate violation.
The issuance of a citation for a municipal civil infraction shall not in
any way limit the Township in seeking enforcement of the provisions of this
Ordinance, including, but not limited to, requesting a civil restraining order
from any court of competent jurisdiction.
(Amended September 17, 1997)
SECTION 1.10 SEVERABILITY If any provision of this Ordinance or the
application thereof to any person or circumstance shall be found to be invalid
by any court, such invalidity shall not affect the remaining provisions of the
Ordinance which shall be given effect.
(Amended September 17, 1997)
SECTION
1.11 EFFECTIVE DATE This Ordinance shall take effect thirty (30)
days after its publication in the manner provided by law. (Amended September 17,
1997), (Amended June 1, 2000 effective July 7, 2000) (Amended Nov. 11, 2004
effective Dec. 11, 2004)