The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Private driveway means an improved or unimproved path, road or ground surface extending from a public street or private road, which provides vehicular ingress and egress to no more than one improved lot, parcel or principal building.

Private road means a privately-owned and maintained drive, street, or any improved or unimproved surface, not dedicated to the county road commission as a public road, which provides the primary means of vehicular ingress and egress from a public road to two or more dwelling units, lots, parcels or principal buildings, whether created by a private right-of-way agreement, easement or prescription.

(Ord. No. O-042682-1, § 3.21, 4-26-1982; Ord. No. O-031290-1, 3-12-1990; Ord. No. O-011199-1, § 1, 1-11-1999; Ord. No. O-072699-1, § 2, 7-26-1999)

Cross reference— Definitions generally, § 1-2.

Every principal building and use shall be located on a lot which either abuts a public street or has legal access to a public street on a private road, in accordance with the following provisions:

(1)

A lot which abuts a public street shall abut the public street for a minimum width of 30 feet.

(2)

A lot which does not abut a public street shall have access to a public street on a private road which complies with all applicable standards contained in this article. The lot shall abut the private road for a minimum width of 30 feet.

(3)

A lot which does not abut a public street shall be served by necessary easements granted to the township for the construction, operation, inspection, maintenance, repair, alteration, replacement and/or removal of pipelines, mains, conduits, wires and other installations of a similar character, for the purpose of providing:

a.

Public utilities, including conveyance of sewage, water and stormwater runoff across, through and under the property subject to said easement; and

b.

Private utilities, including electrical distribution, telephone, natural gas and cable television, and to accommodate excavation and refilling of ditches and trenches necessary for the location of such structures.

(Ord. No. O-042682-1, § 3.21, 4-26-1982; Ord. No. O-031290-1, 3-12-1990; Ord. No. O-011199-1, § 1, 1-11-1999; Ord. No. O-072699-1, § 2, 7-26-1999)

(a)

All private driveways which are greater than 125 feet in length, measured from the public road right-of-way, and all private roads, regardless of length, shall comply with all of the following standards:

(1)

The inside radius of all horizontal curves shall be a minimum of 25 feet.

(2)

The design of any bridge or crossing of a culvert greater than 48 inches in diameter shall be approved by a registered professional engineer. All bridges and culverts shall be capable of supporting a vehicle loading of an HS-20-type vehicle, based on state department of transportation standards.

(3)

The address for all lots or parcels accessed from a private road which does not have a name approved by the county road commission shall be posted at the public roadway and at each driveway intersection with the private road. The street address for all lots or parcels accessed from a private road which has a name approved by the county road commission shall be posted at each driveway intersection with the private road.

(4)

All lots or parcels accessed solely from a private road having a name approved by the county road commission shall be addressed on that private road.

(5)

All gates blocking access to a private road shall have an access code determined by the fire department, and be equipped with a keyed switch which will keep the gate open. The keyed switch must use a Knox Box Key.

(b)

A private driveway which is greater than 125 feet and less than 800 feet in length, measured from the public road right-of-way, shall comply with all of the following standards:

(1)

The standards of subsection (a) of this section shall be met.

(2)

The improved surface of the driveway shall have a minimum width of ten feet.

(3)

The area within two feet of each side of the improved driveway surface, and within 11 feet above the driveway surface, shall be kept reasonably free of obstructions, such as tree trunks and large branches, which may interfere with use of the driveway by emergency vehicles.

(4)

The maximum grade of the driveway shall be ten percent, with the exception that the maximum grade within 30 feet from the intersection of the driveway with a public street or private road shall be four percent.

(5)

The driveway shall have an improved surface which consists of a minimum of six inches of aggregate base meeting state department of transportation specification 22A, and shall be maintained in a condition which is accessible to and useable by emergency vehicles during construction on the lot or parcel served by the driveway.

(c)

A private driveway which is 800 feet or more in length, measured from the public road right-of-way, shall comply with all of the following standards:

(1)

The standards of subsections (a) and (b) of this section shall be met.

(2)

An improved area having dimensions adequate for maneuvering and turn-around of firefighting apparatus shall be provided near the end of the driveway, at a location approved by the fire chief.

(3)

Marker posts, for purposes of providing distance information to emergency response personnel, shall be placed at locations determined by the fire chief.

(4)

Vehicle passing/pull-out lanes with dimensions of ten feet in width and 40 feet in length shall be installed adjacent to the driveway, at intervals of 800 feet, or at locations approved by the fire chief.

(Ord. No. O-042682-1, § 3.21, 4-26-1982; Ord. No. O-031290-1, 3-12-1990; Ord. No. O-011199-1, § 1, 1-11-1999; Ord. No. O-072699-1, § 2, 7-26-1999)

(a)

A private road which provides the primary access to three or fewer dwelling units, lots, parcels or principal buildings, and which is less than 800 feet in length, measured from the public road right-of-way, shall comply with all of the following standards:

(1)

The private road shall comply with the standards of section 78-803(a).

(2)

The private road shall have a minimum right-of-way or easement width of 30 feet.

(3)

The improved surface of the private road shall have a minimum width of ten feet.

(4)

The area within two feet of each side of the improved road surface, and within 11 feet above the road surface, shall be clear of obstructions, such as tree trunks and large branches, which may interfere with use of the driveway by emergency vehicles.

(5)

The maximum grade of the road shall be ten percent, with the exception that the maximum grade within 30 feet from the intersection of the road with a public street or another private road shall be four percent.

(6)

The road shall have an improved surface which consists of a minimum of six inches of aggregate base meeting state department of transportation specification 22A, and shall be maintained in a condition which is accessible to and useable by emergency vehicles during construction on the lots or parcels served by the road.

(7)

Provision shall be made to ensure the continued repair and maintenance of the private road, and financing of the costs thereof by those property owners benefiting from the private road. This shall be accomplished through use of a recorded agreement between the parties in interest to the private road, or through a restrictive covenant, which shall run with the land. A copy of such agreement or restrictive covenant shall be provided to the zoning administrator prior to issuance of a permit for construction of the private road.

(b)

A private road which provides the primary access to three or fewer dwelling units, lots, parcels or principal buildings, and which is 800 feet or more in length, measured from the public road right-of-way, shall comply with all of the following standards:

(1)

The standards of sections 78-803(a) and 78-803(c) shall be met.

(2)

An improved area having dimensions adequate for maneuvering and turn-around of firefighting apparatus shall be provided near the end of the road, at a location approved by the fire chief.

(3)

Marker posts, for purposes of providing distance information to emergency response personnel, shall be placed at locations determined by the fire chief.

(4)

Vehicle passing/pull-out lanes with dimensions of ten feet in width and 40 feet in length shall be installed adjacent to the road, at intervals of 800 feet, or at locations approved by the fire chief.

(c)

A private road which provides the primary access to four or more dwelling units, lots, parcels or principal buildings, shall comply with all of the following standards:

(1)

The private road right-of-way or easement shall have a minimum width of 66 feet.

(2)

The area within 11 feet above the road surface shall be clear of obstructions, such as tree trunks and large branches, which may interfere with use of the driveway by emergency vehicles.

(3)

Marker posts, for purposes of providing distance information to emergency response personnel, shall be placed at locations determined by the fire chief.

(4)

If the private road provides access to four to 19 dwelling units, principal buildings, lots or parcels, it shall comply with the following minimum width, maximum grade and road surface standards:

a.

The grade of the private road shall not exceed ten percent, with the exception that the private road shall have a maximum grade of four percent for a minimum distance of 30 feet from its intersection with a public right-of-way or another private road.

b.

The private road shall have an improved surface at least 22 feet in width, with a minimum of six inches of aggregate base meeting state department of transportation specification 22A.

(5)

If the private road provides access to 20 or more dwelling units, principal buildings, lots or parcels, it shall comply with the following minimum width, maximum grade and road surface standards:

a.

The grade of the private road shall not exceed six percent, except as provided in subsections (c)(5)b., c. and d. of this section.

b.

The grade of the private road shall not exceed four percent for a minimum distance of 30 feet from its intersection with a public right-of-way or another private road.

c.

The zoning administrator, or, in the case of a site condominium or planned unit development, the planning commission, may authorize a maximum grade in excess of six percent and no greater than ten percent, for a maximum run length of 300 feet, when deemed necessary to avoid disruption of significant natural features on the site.

d.

If the private road is located within a condominium subdivision for which a site plan was approved by the planning commission on or before January 1, 1999, or within a planned unit development which received preliminary PUD approval by the township board on or before January 1, 1999, the maximum grade standards of subsection (c)(4)a. of this section shall apply, and not the maximum grade standards of subsections (c)(5)a. and c of this section.

e.

The pavement width, pavement surface and subgrade shall be constructed in conformance with the local road typical cross-section contained in the county road commission "Requirements and Specifications for Plat Development," or similar successor regulations, a copy of which shall be kept on file in the office of the township clerk.

(6)

The improved surface of the private road shall be a minimum of 15 feet from any adjoining lot or parcel which does not derive access from the easement or private road.

(7)

A private road shall be provided with a means for turn-around of vehicles, either by use of a cul-de-sac having an improved surface as required for the associated road surface and having a minimum outside radius of 40 feet, or by use of a continuous loop road layout.

(8)

All areas disturbed by the construction of the private road shall be provided with topsoil, seeded with perennial grass and protected against erosion.

(9)

Provision shall be made to ensure the continued repair and maintenance of the private road, and financing of the costs thereof by those property owners benefiting from the private road. This shall be accomplished through use of a recorded agreement between the parties in interest to the private road, or through a restrictive covenant, which shall run with the land. A copy of such agreement or restrictive covenant shall be provided to the zoning administrator prior to issuance of a permit for construction of the private road.

(10)

The private road shall be assigned a name which has been approved by the township fire chief and by the county road commission, and shall be identified by a street sign meeting standards of the county road commission.

(d)

The number of dwelling units that may be accessed by a private road shall be limited as follows:

(1)

A private road cul-de-sac that has only one point of connection to a public road, or to another private road, may provide vehicular access to a maximum of 20 dwelling units.

(2)

A private road through street that has two points of connection to a public road may provide vehicular access to a maximum of 75 dwelling units.

(3)

A private road network that has three or more points of connection to a public road may provide vehicular access to a maximum of 40 dwelling units per point of connection to a public road.

(e)

The length of a private road cul-de-sac or network of interconnected private roads shall be limited such that:

(1)

No lot or parcel accessed by the private road or private road network shall be greater than 2,640 feet from a public road right-of-way, measured from the nearest point of the lot or parcel along the centerline of the private road to a public road right-of-way.

(2)

In the case of a development which consists of multiple buildings on a single lot or parcel or a condominium development in which all land beyond the building envelopes consists of general common element, no building accessed by the private road or private road network shall be greater than 2,640 feet from a public road right-of-way, measured from the nearest point of the building along the centerline of the private road to the public road right-of-way.

(Ord. No. O-042682-1, § 3.21, 4-26-1982; Ord. No. O-031290-1, 3-12-1990; Ord. No. O-011199-1, § 1, 1-11-1999; Ord. No. O-072699-1, § 2, 7-26-1999; Ord. No. O-092203-1, §§ 1—3, 9-22-2003; Ord. No. O-081417-1, § 3, 8-14-2017)

(a)

Each owner and occupier of any lot or parcel which obtains its vehicular access from and benefits from a private road shall maintain the private road so that it is reasonably capable of providing sufficient access for the uses permitted on the lot or parcel, and for the provision of fire protection, police, ambulance and other emergency services. This obligation may be enforced against any owner or occupier described above without regard to the existence of any recorded agreement that may exist under the requirements of this article.

(b)

Each owner and occupier of any lot or parcel which obtains its vehicular access from and benefits from a private road shall indemnify and hold the township harmless from all claims, liability and expenses, including but not limited to reasonable attorney fees, arising out of any failure to properly construct, maintain or repair the private road as required under this chapter or under any private agreement that may exist under the requirements of this article.

(Ord. No. O-042682-1, § 3.21, 4-26-1982; Ord. No. O-031290-1, 3-12-1990; Ord. No. O-011199-1, § 1, 1-11-1999; Ord. No. O-072699-1, § 2, 7-26-1999)

A private road shall not be constructed, extended, improved or relocated unless a permit authorizing such has been issued by the zoning administrator.

(1)

Application for a private road construction permit shall be made by submission of the following to the zoning administrator:

a.

A completed application form, supplied by the township, containing the names and addresses of the owners and any other parties having any legal interest in the private road or the property across which the road is to be constructed.

b.

Identification by parcel number of all properties having any legal interest in the private road.

c.

A map, drawn to scale, prepared by a registered engineer or surveyor, showing the precise location, route, dimension and design of the private road. The map shall identify existing and proposed elevation contours within all areas to be disturbed or altered by the construction of the private road.

d.

The location of all public or private utilities to be located within the private road right-of-way or easement, or within 20 feet thereof, including but not limited to water, sewer, telephone, gas, electricity and television cable.

e.

The location of any lakes, streams, drainageways, or wetlands, as determined by the state department of natural resources, within the proposed private road right-of-way or easement or within 100 feet thereof.

f.

A copy of a recorded maintenance agreement or restrictive covenant which provides for the continued maintenance and repair, and the financing thereof by the parties in interest, of the private road, which complies with the requirements of this section.

g.

An application fee and escrow amount as specified in section 78-65 and established by resolution of the township board.

(2)

Upon receipt of an application for a private road construction permit, the zoning administrator shall refer the plans to the township fire chief and township engineer for review. If the township fire chief, township engineer and zoning administrator determine that the proposed private road improvements comply with all applicable standards and requirements of this article, the zoning administrator shall issue a private road construction permit, which shall authorize the construction, extension, improvement or relocation of the private road as set forth in the plans submitted with the application.

(Ord. No. O-042682-1, § 3.21, 4-26-1982; Ord. No. O-031290-1, 3-12-1990; Ord. No. O-011199-1, § 1, 1-11-1999; Ord. No. O-072699-1, § 2, 7-26-1999)

No building permit shall be issued for the construction of a dwelling unit or other principal building to which access is provided by a private road, unless all of the following conditions are met:

(1)

A permit for the construction of the private road, if required by this article, has been issued by the zoning administrator.

(2)

The design and construction of the private road complies with all applicable provisions of this chapter, based upon the total number of dwelling units, principal buildings or lots which will obtain access from the private road after issuance of the building permit.

(3)

The private road has either been completed to the satisfaction of the zoning administrator, or a financial guarantee in an amount equal to the cost of the construction and in a form acceptable to the zoning administrator has been provided, to ensure the completion of the private road in accordance with the approved permit and plans within one year from the date of issuance of the building permit.

(4)

The building official may refer applications for building permits to the fire chief for review, in determining compliance with the standards contained in this article.

(5)

The provisions of this subsection shall not be applicable to any lot which met the following conditions on or before March 13, 1990:

a.

The lot is served by an existing private road having a continuous improved surface at least eight feet in width consisting of gravel road base, and is in other respects reasonably capable of providing sufficient access for the uses permitted on the lot and for the provision of fire protection, police, ambulance and other emergency services.

b.

The lot in question also met one of the following conditions:

1.

The lot consists of a condominium unit (i.e., a portion of a condominium project designed and intended for separate ownership and use as described in the condominium master deed) located within a site condominium development for which a condominium master deed has been recorded with the county register of deeds in accordance with the requirements of the Michigan Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.) and other applicable laws and ordinances; or

2.

The lot consists of a parcel described by metes and bounds for which a deed has been recorded with the county register of deeds, or of a parcel described by a land contract or memorandum of land contract which has been recorded with the county register of deeds; or

3.

The lot has been assigned a unique permanent parcel number by the county property description and mapping department and is individually assessed and taxed on that basis.

(Ord. No. O-042682-1, § 3.21, 4-26-1982; Ord. No. O-031290-1, 3-12-1990; Ord. No. O-011199-1, § 1, 1-11-1999; Ord. No. O-072699-1, § 2, 7-26-1999)

For any lot which does not abut a public road, or private road right-of-way, no building or structure shall be located less than 40 feet from all property lines.

The requirements of sections 78-801 through 78-808 shall be considered as minimum requirements for the protection of the public health, safety and welfare. In addition to complying with these requirements, all lots shall in all other respects be provided with access sufficient for the provision of fire protection, police, ambulance and other emergency services.

(Ord. No. O-042682-1, § 3.21, 4-26-1982; Ord. No. O-031290-1, 3-12-1990; Ord. No. O-011199-1, § 1, 1-11-1999; Ord. No. O-072699-1, § 2, 7-26-1999)