(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PRIVATE ROAD. A road owned and maintained by the owners of the property it serves and that provides access to four or more dwelling units or parcels, or four or more nonresidential principal buildings. PRIVATE ROADS include roads within site condominium projects, roads serving two-family dwelling units and roads within office or industrial complexes. A PRIVATE ROAD may be used to provide public services such as utility easements, waste collection, and emergency services.
SHARED DRIVEWAY. A SHARED PRIVATE DRIVEWAY serving three or fewer residential units shall be provided within an access easement recorded in the deeds of all parcels that have access to the driveway. The minimum finish surface width of the shared private driveway shall be 18 feet. A cul-de-sac turnaround may not be required if the length of the shared private driveway is 300 feet or less. For longer shared private driveways, a circular or hammerhead “T” turnaround shall be required depending on the length of the private driveway and the recommendation of the Fire Department. A proposed shared private driveway exceeding 1,000 feet in length or serving more than three residential units shall not be considered a shared private driveway and must be reviewed as a private road meeting village’s Standard Specifications for Street Construction.
(B) Exclusion for multiple family drives. The definitions of “private road” or “shared private driveway” do not include drives serving multiple family buildings with three or more attached dwelling units, parking lot aisles, or drives connecting parking lots to internal roads.
(C) Access to public or private road. Any single-family residential lot or site created after the effective date of this chapter shall have frontage on and access to a public road right-of-way an approved private road or shared private driveway meeting the definitions and standards of this section.
(1) Parcel number and name of owner for all properties having legal interest in the private road;
(2) Plans designed by a registered engineer showing location, dimension, and design of the private road. The plan shall identify existing and proposed elevation contours within all areas to be disturbed or altered by construction of the private road;
(3) Location of all public or private utilities located within the private road right-of-way or easement, or within 20 feet, including, but not limited to, water, sewer, telephone, gas, electricity, and television cable;
(4) Location of any lakes, streams, drainage-ways, MDNR regulated wetlands, or trees with a caliper of eight inches or greater, within 100 feet of the proposed private road right-of-way or easement; and
(5) Evidence that property owners served by the road will provide financial and administrative mechanisms to ensure maintenance of the private road. A copy of a private road maintenance agreement shall be provided to the village in a manner acceptable to the Village Attorney.
(E) Design standards. Private roads shall be constructed to the following design standards.
(1) Road design.
(a) A private road shall meet the right-of-way width, street base, pavement width, surface, slope, drainage system, and all other standards of the Village’s Standard Specifications for Street Construction.
(b) The design of private roads shall be approved by the Village Engineer.
(2) Reduced width to preserve natural features. The minimum pavement width may be reduced to not less than 22 feet wide where the Planning Commission and/or Zoning Commission, as required, determines that the reduced width will preserve significant natural features and there is no alternative design that will preserve the natural features and meet the regular width standard.
(3) Maximum length, cul-de-sac turnarounds.
(a) Maximum length of a private road providing access to more than two lots, buildings, or dwellings units shall be 1,000 feet with a maximum 24 lots or dwelling units served by a single means of access.
(b) Any single means of access serving more than five lots or dwelling units shall include a turn-around with a 45-foot radius, 55-foot radius if a center landscaped island is included, a hammerhead “T” turn or a continuous loop layout.
(c) A larger turnaround may be required for commercial and industrial private roads. These standards may be modified by the Planning Commission and/or Zoning Commission, as required, in particular cases, with input from the fire department and township staff or consultants.
(4) Grade. Grades shall not exceed 10% with a maximum grade of 2% for a minimum distance of 30 feet from its intersection with a public right-of-way or another private road.
(5) Intersection design standards.
(a) Private roads which intersect with existing or proposed private roads or public street rights-of-way should intersect at a 90-degree angle.
(b) Where constrained by environmental features, the Village Engineer may allow a reduced angle of intersection, but in no case shall the angle be less than 70 degrees.
(6) Intersection offsets from public streets.
(a) Proposed private roads or entrances to a development shall align directly across from, or be offset at least 250 feet from, public streets or private road intersections on the opposite side of the street, measured centerline to centerline.
(b) This standard may be reduced if approved by the County Road Commission.
(7) Minimum offsets along private roads. Private roads and driveways (excluding driveways serving one or two dwelling units) within a development shall align directly across from other private roads or driveways or be offset at least 150 feet measured centerline to centerline.
(8) Vertical clearance. In order to provide adequate access for emergency vehicles, 15 feet of overhead tree clearance shall be provided within the width of the pavement.
(9) Street names. Street names may be required by the Planning Commission and/or Zoning Commission, as required, to assist public emergency services.
(10) Signs.
(a) All signs within the private road or access easement shall be identified on the site plan and be in accordance with the State Manual of Uniform Traffic-Control Devices, unless the Planning Commission and/or Zoning Commission, as required, approves another type of design for consistency with the character of the development. Street signs shall be provided at all intersections.
(b) These signs shall contrast in terms of color with public street signs, and shall clearly indicate the road is private.
(F) Existing nonconforming private roads and access easements.
(1) (a) The village recognizes there exist private roads, service roads, and access easements which were lawful prior to the adoption of this section and which are inconsistent with the standards herein. Such roads are declared by this section to be legal nonconforming roads or easements. The intent of this section is to permit legal nonconforming roads and easements to continue and undergo routine maintenance for safety purposes, as determined by the Zoning Official.
(b) This section is also intended to allow new construction to occur on existing lots which front along such a road on the adoption date of this section 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.
(2) This section is also intended to discourage the extension of nonconforming roads or increase the number of lots or building sites served by such a road, except in platted subdivisions, divisions of land, or site condominium projects existing on the adoption date of this section, 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 section.
(G) Existing lot. For purposes of determining whether a lot along a private road or access easement qualifies as an existing lot as used in this section, at least one of the following conditions must have existed at the time this section was adopted:
(1) The lot consists of a “condominium unit” for which a master deed had been recorded with the County Register of Deeds in accordance with the requirements of the State Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 et seq., and other applicable laws and ordinances;
(2) 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 County Register of Deeds; and
(3) The lot had been assigned a unique parcel number by the County Register of Deeds and was individually assessed and taxed on that basis.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)