(A) Application. The applicant shall submit six copies of a private road construction permit application to the Planning Commission, consisting of the following:
(1) A general property development plan identifying the following:
(a) A registered survey showing property dimensions and legal description, including angles, lot area and dimensions, scale and an arrow pointing north. The scale shall be one inch equals 100 feet or less;
(b) Project description, in both narrative and map form, including the location of the proposed private road easement and approximate location of proposed lots to gain access from said private road;
(c) The legal description of the proposed private road easement;
(d) Construction plans and drawings illustrating the proposed design and construction features of the proposed private road and easement, in compliance with the standards of § 93.19 of this subchapter. Proposed traffic-control measures (including signs) and proposed street or road names shall also be indicated;
(e) Natural features within 200 feet of the location of the proposed private road easement and any areas of the lot to be disturbed by such road construction, such as woodlands, marsh and wetland areas, streams, floodplains, county drains, lakes or ponds, topography (at two-foot intervals), and human-made features such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered;
(f) Existing public rights-of-way and private easements of record on the subject parcel and within 300 feet of the subject parcel;
(g) Deed restrictions upon the subject parcel;
(h) A storm drainage and storm water management plan for all roads, identifying provisions for the collection and discharge of runoff and the use and location of any exterior drains, dry wells, catch basins, retention and/or detention areas. The point of discharge for all drains and pipes shall be specified on the plans;
(i) A statement from the applicant identifying all other federal, state and local permits required, if any, including, but not limited to, Road Commission, Drain Commission, State Department of Transportation and State Department of Environmental Quality permits;
(j) A vicinity map showing the location of the site in relation to the surrounding street system and other land uses within 300 feet in every direction of the proposed use including land uses on the opposite side of any public or private thoroughfare(s); and
(k) A signed statement by a civil engineer licensed in the state certifying that the plans and drawings for the private road construction permit, submitted for review, meet or exceed the provisions of this subchapter.
(2) Road maintenance agreement signed by applicant/owner(s) to be recorded with the Township Clerk and County Register of Deeds providing for:
(a) A method of financing such road in order to maintain the road up to properly engineered specifications and free of snow or debris which is acceptable to the Township Board;
(b) A workable method of apportioning the costs of maintenance and improvements to current and future users which is acceptable to the Township Board;
(c) A statement that the township bears no responsibility to maintain the road on the private easement, including snow removal, dust control or accessibility, and that no public funds of the township are to be used to build, repair or maintain the private road;
(d) A notice that if repairs and maintenance are not made to assure reasonable use of the road and emergency vehicle access, the Township Board may bring the road up to established County Road Commission standards for public roads and assess owners of parcels on the private road for the improvements, plus an administrative fee in the amount of 25% of total costs; and
(e) The procedure specifying how the costs for paving the road initially, or when the sixteenth lot is created will be paid for. If the maintenance agreement fails to so specify, the Township Board may apportion the paving costs via a special assessment to all benefitting property owners or decide that all the costs should be borne by the creator of the tenth lot, whichever under the circumstances, seems fair following a hearing at which each of the affected property owners is notified by mail at least ten days before the hearing.
(3) Road easement agreement signed by the applicant/owner(s) to be recorded with the Township Clerk and County Register of Deeds providing for:
(a) Easements to the public for purposes of emergency and other public vehicles, and easements for utilities; and
(b) 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, invitee, vendors, tradesman, delivery persons and others bound to or returning from any of the properties having a need to use the road.
(4) Any other information or materials which the Planning Commission believes to be necessary for the adequate evaluation of the application due to the specific nature or character of the proposed road and/or subject property.
(B) Application review and approval or rejection.
(1) The Clerk or other review person designated by the Township Board shall review the private road construction permit application for completeness and conformance to the provisions and standards of this subchapter, including the requirements of § 93.20. The proposed road maintenance agreement and road easement agreement shall be sent to the Township Attorney for review and comment.
(2) Upon the Planning Commission’s review of the comments of the Clerk or other review person designated by the Township Board, and the comments of the Township Attorney, the Planning Commission shall give a recommendation on the application of approval, denial or approval with conditions, to the Township Board.
(3) After reviewing all materials and recommendations submitted, the Township Board shall approve, deny or approve with conditions the application for a private road construction permit. When approval is granted, a permit authorizing construction shall be issued by the Township Clerk.
(a) If the application is rejected, the reasons for the rejection and any requirements for approval shall be given in writing to the applicant.
(b) At the discretion of the Township Board, a proposed private road may be disapproved unless it connects to a second private road or a public road when necessary to provide safe traffic flow and emergency vehicle access.
(C) Road construction and approval.
(1) A private road construction permit shall be valid for a period of two years from the date of issuance, unless the applicant can demonstrate to the satisfaction of the Township Board unusual or unique circumstances that interfered with the completion of the improvements within the two-year time limit, and the Township Board may extend the expiration date by six months.
(a) Failure of the applicant to perform all required improvements within such time shall result in the automatic voidance of such permit without further notice to the applicant, and all fees shall be forfeited to the township.
(b) A wholly new application shall be required by the township according to the provisions of this section and subject to any changes made herein or subject to any changes made by the County Road Commission, State Department of Transportation, or the township in its standards and specifications for road construction and development.
(2) The applicant’s civil engineer shall certify to the Township Board, in writing, that the required improvements were made in accordance with this subchapter and all approved plans. The applicant’s engineer shall be registered in the state.
(3) The Township Board shall grant final approval of a private road upon finding that the road is constructed according to the approved private road construction permit, and upon receipt of copies of the road easement agreement and road maintenance agreement recorded with the County Register of Deeds. Final approval shall be established through the issuance of a use of private road permit.
(Ord. 128, passed 8-10-1998) Penalty, see § 93.99