§ 154.331 GENERAL REQUIREMENTS; APPLICATION TO EXISTING PRIVATE ROADS.
   (A)   After the effective date of this subchapter, a private road shall not be constructed, extended, improved or relocated, except in accordance with the minimum standards and requirements of this section. New lots may be created with the required frontage on an existing private road, to a total of five lots, without upgrading the private road. If six or more lots are proposed adjacent to an existing private road, the road shall meet the requirements of § 154.332(F) of this chapter and a private road permit must be obtained under this subchapter. If an existing private road is proposed to be extended then the existing portion shall be improved to meet the standards of this subchapter. The new portion shall also comply with the standards of this subchapter.
   (B)   Private roads may be permitted in all zoning districts except the Ag-1 Zone according to the provisions of this subchapter. In the Ag-1 Zoning District, a private road shall only be permitted if approved by the Planning Commission as a special use in accordance with the provisions of §§ 154.185 through 154.194 of this chapter. Such private road, if approved, shall adhere to the requirements of this subchapter.
   (C)   In order to approve a private road in the Ag-1 Zoning District, the Planning Commission shall find that the proposed road meets the general standards of this subchapter and also the following standards.
      (1)   The private road will not be built upon land that is classified as prime or unique by the United States Department of Agriculture.
      (2)   The private road will not be built on land that is being actively farmed.
      (3)   The private road shall be setback a minimum of 150 feet from the limits of active farm land.
      (4)   The use of the private road will not cause an adverse effect on nearby farm operations and that users of the private road will not be adversely affected by nearby farm operations.
      (5)   Allowing a private road in the Ag-1 Zoning District will not adversely affect the long-term plans and development policies of the township.
   (D)   The provisions of this subchapter shall not apply to access roads internal to any individual lot or parcel of land that has direct public street frontage access and is under the control of one person, firm, corporation or association; provided that, the access road does not provide access to any abutting lot or parcel of land. Examples of access roads that may be exempted from the provisions of this chapter include those serving multi-family dwellings, nursing homes, hospitals, factories, schools, mobile home parks and shopping centers that are otherwise subject to site plan review and approval under the provisions of this chapter.
   (E)   The provisions of this subchapter shall not apply to an existing private road that provides access solely to existing lots, buildings or dwelling units, except for those requirements pertaining to names for private roads, house numbers and minimum lot frontage, as contained herein.
(Ord. passed 7-12-2012, § 4.27)