It is in the interest of the public health, safety and welfare that the Township regulate the design, construction, maintenance, improvement, extension and use of private roads and driveways.

Such regulation will help to assure that private roads and driveways are designed with sufficient width, surface and grade to ensure safe passage and maneuverability of private vehicles and Fire Department, law enforcement, ambulance and other safety and rescue vehicles; that private roads and driveways are constructed of suitable materials to minimize maintenance, to minimize soil erosion and avoid or prevent damage to lakes, streams, wetlands and the natural environment of the Township; to establish procedures and minimum provisions for the approval of private streets and driveways.

Definitions. As used in this article, the following terms shall have the meanings indicated:

The private road requirements of this article shall not apply to internal roads or access routes that serve only one lot or parcel of land which has direct public or private street frontage and is under the control of one person or entity and which is developed for uses subject to site plan review under the terms of this chapter. Such internal roads or access routes shall not provide the principal means of access to any abutting lot or other parcel of land. Such roads or access routes satisfying the conditions of this subsection and which are exempted from the private road requirements of this article include those serving multifamily dwelling developments, nursing homes, manufactured housing communities and commercial developments.

The design, construction and use of a private road, including the extension, improvement or relocation of an existing private road, is subject to the issuance of a private road permit under the terms of this article.

The design, construction and use of a driveway of 75 feet or more in length or a shared driveway of 75 feet or more in length, including the extension, improvement or relocation of a driveway or a shared driveway, is subject to the issuance of a driveway or shared driveway permit by the Zoning Administrator, upon verification of compliance with the driveway or shared driveway requirements of § 450-28.11.

The names and addresses of the owners and other parties having an interest in the private road, the property within which it is to be constructed, and the lots and parcels to be served by the private road.

The legal descriptions, addresses, if known, and the permanent parcel numbers of all lots and parcels to be served by the private road.

A site plan, drawn to a scale not less than one inch equals 200 feet, prepared by a registered engineer or registered land surveyor, showing at least the following:

The recordable instrument establishing and describing the easement for the proposed private road, in compliance with the terms of this chapter.

The recordable private road maintenance agreement or comparable restrictive covenant, in compliance with the terms of this chapter.

A soil erosion and sedimentation control permit, as issued by the County Road Commission or other agency having jurisdiction, if applicable.

A permit or written preliminary approval issued by the County Road Commission and/or, if applicable, the Michigan Department of Transportation, approving the location of the private road intersection with the public street.

The application fee and the required amount of a zoning escrow deposit.

The name and address of the applicant's private road contractor and a written summary of the contractor's experience in road construction.

All other matters and information required by the terms of this article and other applicable provisions of this chapter.

An application for a private road shall be subject to the review and approval of the Zoning Administrator, except that an application for a private road which is part of a planned unit development, condominium or site condominium, or platted subdivision shall be subject to the review and approval of the Planning Commission and Township Board, in accordance with the procedures and requirements of this chapter or other applicable ordinances for the approval of such developments or land divisions.

The Zoning Administrator shall review the application and other materials to verify compliance with the requirements of this article.

The Zoning Administrator, if necessary, in concert with the Township Engineer, shall assist the applicant in the placement of the private road in order to minimize tree removal and alteration of the natural terrain; to avoid wetlands or areas of poor drainage as well as steep slopes; and to ensure private road and parcel design in accordance with the character of the land and the design requirements of this article.

If the Zoning Administrator determines that the application and other required submittals comply with the requirements of this article, the Administrator shall approve the application and issue a preliminary private road permit. The permit shall consist of a stamp noting the Administrator's approval and containing the Administrator's signature and the date of approval. The permit shall authorize construction of the private road in accordance with the requirements of this article.

If the Zoning Administrator denies the application, the reasons for denial shall be provided to the applicant, in writing. The applicant may appeal the Administrator's denial to the Planning Commission. The appeal shall be heard by the Planning Commission at a public meeting, after written notice to the applicant. After hearing the appeal, the Planning Commission shall affirm the denial, shall reverse the denial or shall affirm the denial with conditions.

The preliminary private road permit shall be valid for a period of one year from the date of approval. If the applicant has not requested inspection of the constructed private road within such one-year period, the permit shall expire, and the applicant shall apply for a new permit before construction commences or resumes.

During the construction of the private road, the Zoning Administrator or the Township Engineer shall conduct periodic inspections to verify that construction is occurring in accordance with the requirements of this article.

Upon completion of construction of the private road, the applicant shall notify the Zoning Administrator, who shall then inspect the private road, or such inspection shall be carried out by the Township Engineer. If the Administrator then approves the private road, the Administrator shall issue a final private road permit, which shall authorize the use of the private road; after issuance of the permit, building permits for buildings to be served by the private road may be issued if applicable building code requirements have been satisfied. If the private road is not approved as constructed, the Zoning Administrator shall prepare and provide to the applicant a written statement of the deficiencies in the private road and the reasons for denial of the permit. Thereafter, a final private road permit shall not be issued until the deficiencies have been corrected and a final inspection has been conducted. If a final private road permit is denied, the applicant may appeal the denial to the Planning Commission. The Commission shall consider the denial at a public meeting, after written notice to the applicant, and the Commission shall then affirm the denial, reverse the denial or affirm the denial with conditions.

The private road shall be located within an easement at least 66 feet wide which shall also contain all utilities.

The area within the easement in which the private road is to be located shall have a minimum cleared width of 28 feet which shall be maintained at all times. All branches extending over the traveled surface of the road shall be trimmed and maintained to a height of 14 feet above the ground.

The traveled surface of the private road shall be at least 22 feet wide, except that if the private road is to include valley gutters or curbing, the valley gutters or curbing shall be constructed at the outside edges of the private road, resulting in the private road having a minimum required traveled surface of 26 feet.

The traveled surface of private roads shall be as follows:

The private road surface shall have a minimum slope of 2% from the center line of the private road to the outside edge of the road shoulder.

To the extent practical, a private road shall be designed with a longitudinal road grade not exceeding 6%. A longitudinal road grade up to a 10% grade may be permitted, if the Zoning Administrator and the Township Engineer determine that the increased grade would not adversely affect public safety.

The intersection of a private road with a public street or another private road shall be located such that clear vision, safe turning and travel in all directions is assured, as determined by the County Road Commission and/or the Zoning Administrator or, if applicable, the Michigan Department of Transportation.

The minimum distance between intersections of public streets and/or private roads shall be at least 200 feet, as measured between the nearest right-of-way and/or easement lines.

A private road which terminates at a dead end shall have a means for vehicle turnaround approved by the Township Engineer. The turnaround area may be in the form of a cul-de-sac with a minimum radius of 40 feet, designed in accordance with the County Road Commission's requirements for a residential cul-de-sac or other applicable type of cul-de-sac. If an island is provided within the turnaround area, a larger radius may be required.

The area adjacent to a private street cul-de-sac shall be cleared up to a distance of 10 feet from the edge of the traveled surface. Other turnaround designs may be approved by the Township Fire Chief. A temporary turnaround may be approved when a private road is extended to a property boundary for future access to adjacent lands.

A private road or interconnected private road system shall not serve more than 50 residential lots, or 50 dwellings or dwelling units, unless a second means of access is provided for all of the lands served by the private road or private road system. No cul-de-sac or dead-end road shall exceed a length of 2,000 feet, measured from the nearest edge of the intersecting road or street pavement to the end of the cul-de-sac or turnaround area.

The method and construction technique to be used in crossing any natural stream, drainagecourse, or similar feature shall satisfy the requirements of the Zoning Administrator, Township Engineer, Township Fire Department, and any other agency having jurisdiction, as applicable. To the extent possible, the crossing shall be located at the narrowest point and where the impact will be the least disruptive to the natural surroundings.

The edge of the private road shall be no closer than 25 feet to the edge of a stream, drainagecourse or body of water, except where a crossing occurs. All required measures shall be used to prevent soil from entering the stream, drainagecourse or body of water both during and after construction, in accordance with applicable Township ordinance requirements or the requirements of the Township Engineer.

A private road shall be given a name, and street signs shall be installed in accordance with the requirements of the County Road Commission. A street address shall be conspicuously posted at a location visible from the private road.

A stop sign shall be installed at each intersection of the private road with a public street and the intersection of the private road with another private road, as directed by the Zoning Administrator or the County Road Commission, as applicable.

A private road shall not be constructed through or on a slope of 10% or greater; provided, however, that the Zoning Administrator, in consultation with the Township Engineer, may permit such construction if all of the following requirements are complied with:

A private road shall be improved, maintained, repaired, and snowplowed to ensure that the private road is safe for travel at all times and fully accessible for emergency vehicles.

The applicant shall obtain and provide the Zoning Administrator with a signed, recordable private road maintenance agreement, restrictive covenant or similar recordable legal instrument satisfactory to the Township between the owner(s) of the private road and all other parties having an interest therein.

The private road maintenance agreement shall include at least the following:

Upon written request of the applicant, and if the private road construction has progressed sufficiently in the opinion of the Zoning Administrator to provide safe access to the lots or other parcels for which building permits are desired, the Zoning Administrator may accept 1) a cash deposit under the terms of an acceptable escrow agreement, or 2) a satisfactory letter of credit from the applicant for the private road or the applicant for the building permit. The letter of credit or the amount of the cash deposit under the escrow agreement shall be in such amount as determined by the Zoning Administrator as sufficient to ensure the completion of construction of the private road in accordance with the requirements of this article within one year from the issuance of the building permit. Other terms and conditions of the cash deposit escrow agreement or the letter of credit shall be subject to Zoning Administrator approval.

A certificate of occupancy shall not be issued for any principal building, dwelling or other principal structure located on a lot or other parcel, access to which is by means of the private road, until the Zoning Administrator has issued the final private road permit.

Existing lots. Notwithstanding other provisions of this chapter, a principal or accessory building or structure may be erected upon an existing lot or parcel which is accessed from an existing private road if:

New lots. Notwithstanding the other provisions of this chapter, if a building or structure is proposed to be erected upon a lot which does not constitute an existing lot of record as of April 10, 2000, and an existing private road is used to provide access to such lot, then a building or structure and permitted accessory buildings and structures may be erected if the private road is brought into compliance with the standards in this article for new private roads, based upon the total number of lots to be provided access by the private road, with the following exceptions:

Extensions limited. A private road which does not comply with the requirements of this article shall not be extended in length, nor shall any new private road be constructed which intersects with such noncompliant private road, unless the entire length of the private road is brought into compliance with the requirements of this article for new private roads, based upon the total number of lots or other parcels to be provided access by the private road, with the following exceptions:

This section applies only to driveways and shared driveways as defined in this chapter.

A building permit shall not be issued for a dwelling, other principal building or other principal structure which is to be served by a driveway or shared driveway unless the proposed driveway complies with the requirements of this section. A driveway or shared driveway subject to this section shall comply with all of the following minimum requirements: