(A) Generally. The township has hereby determined that as large tracts of land are divided, sold, transferred, and developed; private access roads are being created to provide access to the newly divided properties which are not subject to regulation under the Michigan Subdivision Control Act of 1967 and other state regulations. The township determines it is in the best interest of the public health, safety, and welfare to regulate the construction, improvement. Extension, relocation, and use of private roads to assure:
(1) That private roads are designed with width, surface, and grade to assure safe passage and maneuverability of private vehicles, police, fire, ambulance, and other safety vehicles.
(2) That private roads are constructed of suitable materials to ensure minimal maintenance and safe passage.
(3) That private roads will be constructed so as to protect against or minimize soil erosion and prevent damage to the lakes, streams, wetlands, and natural environment of the Township.
(B) 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 under private ownership which has been constructed upon a private road easement for the purpose of providing access to five or more parcels of land.
PRIVATE ROAD EASEMENT. A private road that provides access solely to four parcels of land and does not require the private road to be constructed.
(C) Private road easement; minimum width. A private road easement which only provides access to a maximum of four single-family lots or dwelling units may have a minimum width of 40 feet. The center of the traveled portion of the road shall be located in the center of the easement.
(D) General requirements to private road easement/private road.
(1) A private road shall not be constructed, except in accordance with the standards and requirements of this section and must meet Cass County Road Commission specifications.
(2) If an existing private road is proposed to be extended then the existing portion shall be improved, along with the new portion, to meet the standards and requirements of this section and must meet Cass County Road Commission specifications.
(3) Private roads are permitted in all zoning districts.
(4) Private road easements/private road shall not interconnect with the public street network in a manner that will preclude the extension of public streets if necessary to further the logical, orderly and efficient development of the overall public street network.
(5) Private roads that may be exempt from this section are those private roads that would be subject to site plan review per this section, such as but not limited to: planned unit development, manufactured housing park, shopping centers.
(E) Minimum standards for private road.
(1) (a) A private road shall be located within a private road easement. Such easement shall not be less than 66 feet in width.
(b) The center of the traveled portion of the road shall be located in the center of the private road easement.
(2) At the dead end of such easement, the easement shall widen such that there is space adequate to provide for a turnaround to accommodate emergency and maintenance equipment.
(3) A parcel shall have frontage on the private road easement which is at least equal to the minimum parcel width required for the zoning district in which the parcel is located.
(4) A private road easement/private road shall intersect and connect to a public road. A private road easement/private road shall not be approved which accesses a public road by another private road easement/private road.
(5) A private road shall be constructed or extended when a private road easement serves five or more parcels.
(6) A private road shall be given a street name that is not the same or similar to any other street name in the county, to be verified by Cass County Road Commission. A street sign meeting Cass County Road Commission standards shall be erected and maintained by the applicant where such private road intersects any public road.
(7) A dwelling unit on a private road shall display a house number, minimum of three inches in height, in a manner so that the number is at all times readily visible from the private road.
(8) In determining the location of a private road easement, consideration shall be given to safety of traffic entering and exiting the private road easement in relationship to the public road.
(F) Road maintenance agreement. The owner(s) and any other parties with legal interest in the proposed private road shall provide to the township, a road maintenance agreement, access easement agreement, list of parcel numbers, and deed restrictions, all must be recorded with Cass County, which shall provide for the perpetual private maintenance of such roads and/or easements to a necessary and reasonable standard to serve the parties having an interest in the private road. These documents shall, at a minimum, contain the following provisions:
(1) A method of initiating and financing of such road in order to keep the road is a reasonably good and usable condition that will not constitute a danger to the health, safety, and welfare of the inhabitants of the township and are readily accessible to and usable by emergency vehicles in all types of weather.
(2) A workable method of apportioning the costs of maintenance and improvements, including the potential of future paving.
(3) A notice that no public funds of the township are to be used to build, or maintain the private road. All costs shall be the responsibility of the property owners.
(4) Easements to the public for purposed use of utilities, emergency and other public vehicles for whatever public services are necessary.
(5) 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 owners. Normal ingress and egress and use shall include use by family, guests, invitees, tradesmen, and others bound to tor returning from any of the parcels having a right to use the road.
(6) That any structures or parcels thereafter created or constructed on the private road shall also be subject to the road maintenance and that said agreement shall run with the land.
(G) Procedure for private road. An application to establish or extend a private road shall be filed with the township along with a fee as set by the Township Board. The application shall contain or be accompanied by the following information:
(1) The name(s) of the owners and any other parties having any legal interest in the private road and the parcels across which it is to be constructed.
(2) Parcel numbers of the parcels over which the private road is to be constructed.
(3) A scaled drawing showing the location, grade, elevation, route, dimensions, specifications and design of the private road and any proposed extensions of the road, existing or proposed curb cuts and the location and distance to any public street which the private road is to intersect.
(4) A scaled drawing illustrating the proposed lot division.
(5) An approved driveway permit from the Cass County Road Commission.
(6) A statement from the Cass County Road Commission indicating there is no known duplication of the proposed private road name.
(7) The permit application, drawings and other required information shall be reviewed by the Zoning Administrator for completion and then go before the Planning Commission for a decision.
(H) Final compliance requirements.
(1) Upon completion of the private road, the following shall be on file with the township:
(a) A letter from the Cass County Road Commission that the road has been constructed in compliance with Cass County Road Commission specification;
(b) Documentation that the road maintenance agreement, access easement and deed restrictions have been recorded with the Cass County Register of Deeds office;
(c) A driveway permit for the private road from the Cass County Road Commission or the State of Michigan Highway Department, whichever applies;
(d) A verification letter from the Cass County Road Commission that the new street name is not the same or similar to any other street name in the county; and
(e) Planning Commission minutes and/or signatures verifying approval.
(2) Upon verification of all items required for final compliance, the Township Supervisor shall issue a letter of final approval.
(I) Permits for dwellings on private road. A building permit shall not be issued for any principal dwelling which derives its primary access from a private road unless a letter of final approval of the private road has been issued.
(J) Township liability. The owner(s) of the private road agree by applying for and securing approval to construct the private road that they shall indemnify and save and hold the township harmless from all claims for personal injury and/or property damage arising out of the failure to properly construct, maintain, repair and replace the private road. Such wording shall appear on the application for approval and be signed by the applicant.
(Ord. passed 7-30-2015; amended 11- -2007; Ord. 16-02, passed 11-9-2016)