(A) Standards of a private road. The road may meet County Road Commission standards. Alternatively, except as provided for a pre-existing, nonconforming private road by division (E) below, a private road must comply with the following requirements.
(1) The easement of record shall be a minimum of 66 feet in width, and shall include allowance for reasonable drainage and for access for installation and maintenance of public utilities.
(2) A roadway surface of at least 20 feet shall be centered on the easement.
(3) If the road is projected to serve fewer than ten single-family units, or if lots exceed an average of 100 feet in width, the roadway may have a depth of at least eight inches of 22a road gravel with sufficient supporting base, based upon accepted engineering standards and practices.
(4) If the road is projected to serve 11 or more single-family units, or if lots average less than 100 feet in width, the roadway shall be paved with bituminous asphalt or concrete with sufficient supporting base, based on accepted engineering standards and practices.
(5) A private road shall have a cul-de-sac at the terminus if the road has a dead end. The surface material, base and construction shall be the same as for the road. A cul-de-sac shall have a 75-foot radius for its right-of-way width, at minimum, and a 56-foot radius for its roadway surface, at minimum. A road being constructed in phases must always end in a cul-de-sac if it serves occupied dwelling or other units. When a subsequent phase of the road is developed, the cul-de-sac that is no longer needed shall be removed. However, the Zoning Administrator may approve the continuance of a cul-de-sac at a midpoint on the road based on a consideration of the topography or other characteristics of the property that might otherwise impede service by emergency vehicles. The approval must be in writing and added to the township’s documentation of the road.
(6) Drainage by means, of ditching and/or culverts that allows run-off of water from the road surface and allows the natural flow of water shall be provided. Measures to provide for drainage are subject to the approval of the township engineer or other designated official.
(7) Signs meeting public road sign standards shall be posted at every entrance to a private road, stating: “Privately Maintained Road.” Private roads shall be named by the owners, subject to the review
and approval of: the Township Planning Commission as a part of site plan review; and the County Road Commission; or the State Department of Transportation, if required. The owners shall be responsible for the erection and maintenance of the street signs and all traffic signs required by any government authority. All signs, including any temporary signs, shall be erected as soon as reasonably possible.
(8) Notwithstanding the other requirements of this section, a private road in Districts C and D, as established by the Township Zoning Ordinance as amended, must have standards that are equal to or better than the public road with which it intersects. If the private road intersects with two public roads, the standards of the better road shall apply to the commercial property.
(9) Utilities shall be placed within the right-of-way, in the locations set forth in § IV (B) of the Procedures and Specifications for Plat Street Development, adopted by the County Road Commission on January 17, 1995, and as amended.
(10) No bridge or culvert shall be permitted on a private road unless a registered engineer certifies it as being capable of supporting a 30-ton fire truck.
(11) Any structures spanning a drive shall maintain not less than 16 feet vertical clearance.
(12) A private road may not be located so as to affect the setback requirement for an adjacent property not served by the road, without the permission of the affected property owner. This situation occurs if a private road is to be located along one side of a parcel, causing adjacent property to become a corner lot, which requires a second front yard setback. Permission from the adjacent affected property owner shall be in the form of a notarized letter agreeing to the additional setback and road location and shall be received by the township prior to the Planning Commission’s review of the application.
(B) Standards of a shared driveway. The township sets no standards for a shared driveway, except that:
(1) The driveway shall provide for an improved portion for travel being at least 14 feet in width and 16 feet of vertical clearance and construction practices sufficient to provide passage to emergency vehicles and fire trucks;
(2) House numbers for the properties served shall be visibly displayed at the intersection of the shared driveway and the public or private road;
(3) The shared driveway easement shall be 33 feet wide at a minimum; and
(4) The easement for the recorded shared access may be included in the calculation for minimum lot area and the width of each parcel served.
(C) Recording/disclosure/maintenance agreement. Each private road or shared driveway shall be the subject of a maintenance agreement signed by the owners and running with the land.
(1) The agreement shall provide that the owners shall maintain the private road or shared driveway in a condition equal to or better than that required to receive a certificate of completion. A proposed draft of the agreement must be submitted with the application for a permit, and prior to issuance of the certificate of completion, the township shall receive a copy of the final agreement that has been recorded with the County Register of Deeds.
(2) A maintenance agreement shall be signed by all owners prior to the issuance of the certificate of completion.
(3) At a minimum, the maintenance agreement shall contain the following:
(a) General liability, collection and lien. A method of collection, jointly and severally, from all of the respective owners all costs arising from or required of the private road/shared driveway and anything incidental thereto, including a lien against each parcel or other reasonable security for the costs. This agreement shall include a statement that the financial obligations imposed by this subchapter are both a personal joint and several obligation of the owners and an obligation attached to and running with the parcels being served by the private road/shared driveway, and that these requirements, obligations and statements are binding upon the heirs, successors and assigns of the owners. The township has no right or obligation to recover any enforcement costs incurred by any owner nor any special obligation to any owner to enforce the agreement or this subchapter;
(b) Hold harmless. A statement holding the township harmless as to any liability arising from or because of the private road/shared driveway and easement area and any permit issued for the same, including damages, costs, attorney fees and the like, and specifically including, but not limited to, the design and maintenance of the private road or shared driveway, inspections, standards and the maintenance agreement. This shall include an acknowledgment that the design, construction, maintenance and the like are not the obligation or duty of the township nor are assumed by the township, and that neither the township nor the County Road Commission has any obligation to accept a future dedication of the private road;
(c) Responsibility for repair and the like. An acknowledgment that it is the collective responsibility of the owners to maintain the private road/shared driveway, including all aspects thereof and appurtenances thereof and including, but not limited to: surface grading and resurfacing at regular intervals; snow and ice removal; repair of potholes; maintenance of road drainage systems; reasonable cutting of weeds and grass within the easement; and replacement or reconstruction of the roadway and all related improvements, such as road base, road surface, culverts, catch basins, drains, traffic signs and the maintenance of the easement area as to the installation, repair and replacement of public utilities. The township bears no responsibility for these actions; and
(d) Compliance and perpetuity. A statement obligating the owners and their successors and assigns, to sign all documents, at any time, as may be reasonably necessary to effectuate the agreement, including amendments or corrections, to comply with the requirements of this subchapter.
(4) If only a portion of a private road is being upgraded to the standards of this subchapter, the maintenance agreement and requirement for owners’ signatures may apply only to that portion of the road or drive. The content of the maintenance agreement shall in all other respects comply with the provisions above.
(5) The maintenance agreement for a shared driveway shall also acknowledge that notwithstanding any other provision of law, a parcel on a shared driveway may not be split without upgrading the drive to the standards of a private road, if such a split would create four parcels or more.
(D) Upgrading private road in a special assessment district. If a private road, or portion thereof, is to be upgraded via the creation of a special assessment district as provided under state law (Public Act 180 of 1986, being M.C.L.A. § 41.721 or Public Act 139 of 1972, being M.C.L.A. § 247.391, as amended), the completed project either shall comply with County Road Commission standards or shall meet or exceed the requirements of division (A) above. Except as provided in the following, the owners may not choose lesser standards.
(1) Plans, which by law are prepared by the township engineer, need not undergo site plan approval. Instead, the Zoning Administrator or other designated official and the Planning Commission chair shall review and approve their compliance with division (A) above.
(a) If the Zoning Administrator and/or Planning Commission Chair determine that full compliance with division (A) above is not possible, the open issues shall be referred to the Zoning Board of Appeals (ZBA). The township engineer and/or Zoning Administrator, depending on the nature of the noncompliance items, shall recommend one or more options to achieve the highest degree of compliance with ordinance requirements. The ZBA may request additional information or exhibits as required for its review.
(b) If one of the open issues is the lack of a 66-foot-wide easement (without which, under present standards, the owners can never seek to dedicate their road to the county road system), the ZBA may consider and can offer a reasonable reduction of setback standards along the road, if such will make possible the 66-foot easement. If the ZBA makes such an offer, written notification by first-class mail shall be made to all recorded owners. The ZBA will set a reasonable deadline, not to exceed one year, by which the owners may unanimously and jointly file with the County Register of Deeds and the township amended legal descriptions of the road easement, after which deadline passes, the offer of a reduced setback shall expire.
(c) The ZBA’s written ruling on the issues it has addressed shall form the new minimum standards for the identified aspects of the road or easement.
(2) The township attorney shall review and approve a draft maintenance agreement meeting the requirements of division (C) above, if the owners do not already have one. If, as measured by ownership of frontage on the road or drive, a minority of owners refuses to sign the maintenance agreement, the agreement may still go into effect provided that:
(a) Those who decline agree in writing to participate in the agreement within ten years (or less if specified) or upon a transfer of ownership, whichever comes first, and to other terms as may be required by the remaining owners; and
(b) The remaining owners agree to jointly assume all the responsibilities of the maintenance agreement in the interim.
(E) Pre-existing, nonconforming private roads or shared driveways. Notwithstanding any other provisions of this subchapter, a private road or shared driveway (and easements for ingress and egress) in existence prior to the effective date of this subchapter may continue without conforming to the requirements of this subchapter, except that if a private road is to be extended, then the extended portion of the private road must conform to the requirements of this subchapter, unless excepted upon application for a variance under § 156.10. To do a land division on a pre-existing private road does not constitute an extension.
(F) Future connectivity of private roads. To provide for better access management to and from public roads, the Planning Commission may require a developer of parcels to be served by a private road to provide one or more 66-foot-wide easements for future local and collector roads (as defined by the Comprehensive Master Plan) with connections to adjacent tracts of land if and when they are developed.
(Ord. 02-03, passed 6-17-2002)