(A) Upon receipt of an application, the Township Clerk shall bring the application before the Township Board at its next regular meeting. The Township Board shall refer the application to the Planning Commission and any other appropriate body for review and comment.
(B) The Township Engineer/Planner shall report in writing to the Planning Commission and Township Board as to whether the proposed private road conforms to the standards and specifications of this subchapter. The report may include any suggested conditions to be attached to the approval which, in the Township Engineer/Planner's judgment, are necessary to achieve the intent of this subchapter.
(C) The Planning Commission, within a reasonable time, shall hold a public meeting and discuss the application and proposed project. The Planning Commission should render a written decision to the Township Board after discussing with the Township Engineer/Planner its recommendation and after making a thorough investigation of the proposed project. Prior to the conclusion of the public meeting, the Planning Commission shall direct the Secretary to send its written opinion approving, denying or approving with modifications the proposed project to the Township Board.
(D) The Township Board shall consider the application, the Township Engineer/Planner's report, the Planning Commission's recommendation and all other relevant information in determining whether to grant the application. If the information submitted by the applicant does not establish that the proposed private road will conform to the standards and specifications of this subchapter, the Township Board shall not approve the application. The Township Board shall impose the conditions on the approval of the application as it deems necessary to achieve the intent and objectives of this subchapter, which may include, but need not be limited to, conditions suggested by the Township Engineer/Planner. The breach of any condition proposed by the Township Board shall automatically invalidate any approval granted by the Township Board.
(E) As a condition to the granting of any approval under this subchapter, the Township Board may require that the applicant to deposit with the Township Clerk a bond in an amount sufficient to guarantee that the applicant shall perform the terms and conditions of the approved application, including the payment of required fees.
(F) As a condition to the granting of any approval under this subchapter, the Township Board shall require that the applicant deposit with the Township Clerk a sum of money in the amount sufficient to guarantee the payment of the administrative review of the applicant's application for a private road. It is understood that the township employs agents that assist in the review process and any agent's fees in connection with the review of the applicant's application for a private road and/or enforcement of this subchapter, including attorneys' fees, shall be deducted from the applicant's deposit. Ninety days after the Township Clerk receives the letter of completion from the Township Engineer/Planner, any unused portion of the deposit, if any, shall be refunded to the applicant.
(G) Once the Township Board approves the applicant's plans, the plans become approved plans only after all fees are paid and bonds and approval from other governmental agencies with administrative review power are received. After the Township Board approves the plans, but before the plans become approved plans, the Township Zoning Administrator may issue a tentative approval letter if another governmental agency with administrative review power requires written confirmation of the Township Board's decision.
(H) Only the Township Board shall have the authority to approve applications. No other permit issued by any township official, other governmental body or official shall be a substitute for the approval by the Township Board.
(I) (1) Once the Township Board approves the plans, the applicant shall not begin construction until the time as the applicant furnishes the township with written approval from any federal, state or local agency that has administrative review power with regard to the proposed private road. It is the applicant's responsibility to submit the appropriate documentation and fees to any other governmental agency with administrative review power and obtain approval from that agency.
(2) After the Township Zoning Administrator verifies that the Township Board has approved the project, all fees have been paid, all bonds have been posted and all other governmental units with administrative review power have submitted letters of approval, the Township Zoning Administrator shall send a letter to the applicant stating that construction may begin.
(Ord. 06-01, passed 3-21-2006)