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§ 91.09 APPROVAL PROCESS.
   (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)
§ 91.10 DISCLOSURE STATEMENT AND MAINTENANCE AGREEMENT.
   (A)   The applicants/owners of the private road shall be responsible for maintaining the private roads at all times to the standards required by this subchapter and all other applicable laws. The reasonable maintenance shall include, but not be limited to, plowing snow and removing ice in the winter so that firefighting and emergency vehicles can access all portions of the private road at all times, grading, lighting and any other general maintenance.
   (B)   (1)   The applicant/owners of the private road shall provide the township with a recordable private road maintenance or restrictive covenant agreement between the applicant/owners of the private road and any other parties having any interest therein or lots whereon or other documentation satisfactory to the township which shall provide for and assure that the private road shall be regularly maintained, repaired and snow plowed so as to comply with this subchapter and to assure that the private road is safe for travel at all times and that the costs thereof will be paid for by the applicants/owners of the private road. The applicants/owners of the private road agree that, by filing an application for and receiving approval for a private road and by utilizing the private road, they will assure that any buildings or lots thereafter created or constructed adjacent to the private road shall also be subject to the road maintenance or restrictive covenant agreement and that the agreement shall be recorded, shall run with the land and shall bind all lots and properties benefitted by the private road. The agreement shall also indicate that the owners of all lots and properties benefitted by the private road may improve any portion of the private road and shall be jointly and severally liable and responsible for maintaining the entire length of the private road so that it is, at all times, in compliance with this subchapter and all applicable township standards and requirements. The agreement shall provide that it is enforceable by the township at its option.
      (2)   Additionally, the agreement shall provide that, if the private road is not maintained to the requirements of this subchapter, all of the owners of lots or properties utilizing or benefitting by the private road shall be deemed to have consented to a special assessment district being created by the township to maintain or upgrade the private road. The agreement shall also provide that, alternately, the Township Board, at its option, may improve and maintain the private road so that it meets the requirements of this subchapter and the township may charge the owners of all lots that utilize and or will be benefitted by the private road for the costs thereof, and the costs shall be secured by either placing a lien on the benefitted lots and properties or by placing the costs thereof on the tax roll.
   (C)   (1)   The applicant for a private road approval, all owners of the private road and lots thereon, all those who utilize the private road, and all persons securing a building permit to construct a building served by the private road all agree that, by applying for and securing a permit for a building that utilizes the private road and by utilizing the private road, they shall indemnify and will save and hold the township (as well as its officers, agents and employees) harmless for, from and against any and all claims, causes of action, costs and damages for personal injury and/or property damage arising out of the use of the private road or the failure to properly construct, maintain, repair and/or install the private road any appurtenances thereto.
      (2)   The applicants/owners of the private road shall inset the above language into the maintenance agreement (or other approved document) and it shall run with the land and shall bind all purchasers of properties benefitted by the private road.
   (D)   (1)   All maintenance agreements for private roads shall be submitted to the township for review and approval prior to the maintenance agreement being recorded and prior to any construction on the private road.
      (2)   Each maintenance agreement shall also contain the following statement: "The road is private and it is not required to be maintained by the Saginaw County Road Commission or any governmental unit".
(Ord. 06-01, passed 3-21-2006) Penalty, see § 91.99
§ 91.11 EXISTING NON-CONFORMING PRIVATE ROADS.
   (A)   The township recognizes that there may be existent private roads which were lawful prior to the adoption of this subchapter which do not fully conform to the standards herein. The roads are declared by this subchapter to be legal non-conforming roads. The township also recognizes the importance of having these roads upgraded if and when one or more of the following occur.
   (B)   Any applicants/owners of the private road, who desire to engage in one or more of the situations listed in divisions (B)(1), (B)(2), (B)(3) or (B)(4) below, shall be required to upgrade the entire private road to conform to the standards for new private roads:
      (1)   One or more lots are added to an existing non-conforming private street;
      (2)   The division or splitting of a lot occurs on an existing non-conforming private road;
      (3)   The addition of an extension, addition or branch to or from an existing non-conforming private road; and/or
      (4)   The widening of an existing non-conforming private road.
(Ord. 06-01, passed 3-21-2006)
§ 91.12 FEES.
   The fee for the review of any proposed private road shall be separate from the any fees charged under the zoning ordinance, as amended. The Township Board of Trustees shall determine the fees to be charged for the review of private roads by resolution. This fee shall include at a minimum, the cost of application review, engineering review, enforcement and any other fees the Township Board determines.
(Ord. 06-01, passed 3-21-2006)
§ 91.13 EASEMENTS AND UTILITIES.
   The private road application and plans shall show the location of an easement for utilities that is adjacent to the private road, unless otherwise approved by the township. The size of the easement shall be decided at the time the plan is approved by the township. This easement shall be dedicated to the township and recorded with the County Register of Deeds.
(Ord. 06-01, passed 3-21-2006)
§ 91.14 LAND DIVISION APPROVAL.
   No land division approval by the township shall occur for or involving a lot or lots to be accessed by a private road (or extension thereof) until the private road has been formally approved by the township hereunder, the maintenance agreement has been approved by the township, the maintenance agreement has been fully executed by all parties having an interest in the private road, and all lots to be served by the private road and the same has been recorded with the County Register of Deeds records with proof thereof provided to the township.
(Ord. 06-01, passed 3-21-2006) Penalty, see § 91.99
§ 91.15 BOND.
   The construction of all improvements required by this subchapter shall be paid for and completed by the applicants/owners of the private road. The township may require that a bond, cash or letter of credit be submitted by the applicant for the completion of the private road or required upgrades. The security shall be in a form approved by the township, payable to the township and in the amount of the township's estimate of the cost of all improvements.
(Ord. 06-01, passed 3-21-2006)
§ 91.16 EFFECTIVE DATE.
   This subchapter shall take effect 30 days after publication (or summary thereof).
(Ord. 06-01, passed 3-21-2006)
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