Private roads shall be subject to all of the following provisions.

A.

General Conditions.

1.

The owners of any lot, outlot, or parcel of land fronting upon said private road, or using the same for ingress and egress, shall own an undivided property interest therein.

2.

The private road shall be officially named as approved by the Township and all-weather road signs, which comply with Macomb County Department of Roads standards and specifications, shall be erected.

3.

All land divisions shall conform to the State of Michigan Land Division Act and all applicable regulations of the Township.

4.

All necessary construction permits shall be obtained from the Macomb County Department of Roads and all other applicable agencies prior to the roadway being constructed.

5.

All lots abutting a private road shall only have access to the private road, unless there is an existing access drive which is utilized for an existing residence.

6.

Permits for any dwelling or building on any parcel served by the private road shall not be issued until the Township's engineer determines that the road was constructed and completed in accordance with this Ordinance.

7.

Applicable easements for all private roads must be obtained prior to Planning Commission approval.

B.

Approval Process.

1.

For private roads developed outside of an open space development, the private road shall be considered a special land use approval and shall follow the standards of special land use.

The Planning Commission shall base its recommendation upon the special land standards as well as compliance with the Master Plan, Zoning Ordinance and Land Development Ordinance of Ray Township as well as the applicable plans and regulations of the Macomb County Department of Roads.

2.

Private roads developed as a part of an open space development shall be considered a permitted use and shall follow the standards of site plan review.

3.

The Planning Commission shall make a recommendation to the Township Board which shall have the final decision for either approval or denial of the private road application.

4.

After Township Board approval, the Township Engineer shall review and approve all engineering and construction plans prior to the start of any construction.

5.

Private road construction is to be commenced within twelve (12) months and completed within twenty four (24) months of approval by the Township Board. Failure to complete private road construction within the timeframe shall render said approval null and void, unless an extension has been granted by the Township Board. The maximum extension shall be for one (1) year.

C.

Submission Requirements.

1.

An application and site plan for the development of a private road shall include all information required within the Site Plan Section. In addition, the following items shall be submitted:

a.

A certification survey of the proposed road and all abutting underlying parcels prepared by a land surveyor or civil engineer.

b.

The cross-section of the proposed road.

c.

Surveys and legal descriptions of the proposed parcel splits showing the proposed acreage and lot dimensions.

2.

All persons owning lands which front upon or use said private road for ingress and egress shall be party to a maintenance agreement. A copy of the maintenance agreement and all associated deed restrictions shall be furnished for review and approval. Such documents shall appear as a deed restriction, covenant, or other acceptable legal mechanism and shall be recorded with the Macomb County Clerk, Register of Deeds.

a.

A method of initiating or financing any improvements and/or maintenance which may be necessary to meet or exceed Macomb County Department of Roads standards or return the roadway to an acceptable standard for emergency purposes as determined by the Township.

b.

A workable method of apportioning the cost of maintenance and improvements.

c.

A prohibition against the owner of any lot or parcel of land holding an interest in the private road from restricting, limiting, or in any manner interfering with the utilization of said road by a guest, invitee, tradesman, emergency vehicle, or others having right to use said road.

d.

Signatures of all persons owning lands which front upon or use said private road for egress and ingress at the time of Township approval.

e.

All such documentation and agreements shall be reviewed and recommended for approval prior to or a condition of final Planning Commission and Township Board action.

D.

Design Standards.

1.

A private road shall not be allowed if it abuts or is adjacent to a separate parcel whose owner is not a joint applicant. If the adjoining lot is not willing to be a joint applicant, a notarized statement from the adjoining landowner indicating no objections to the development of private road shall be acceptable. Further, private roads shall not be permitted when the private road will not be appurtenant to said parcel, or where the private road could result in double frontage lots.

2.

A private road shall not be permitted on section or 1/2-section lines unless the Macomb County Department of Roads and Township have determined in writing that a public road at that location is not required.

3.

All persons holding an interest in said road shall dedicate an easement to the Township for utilization of the full width and length of said private road for roadway and public utilities. All private roads shall have a minimum right-of-way or easement, as established by the Township Master Plan and Zoning Ordinance.

4.

The maximum length of any private road shall be 2,640 feet.

5.

A cul-de-sac with a minimum radius of forty-eight (48) feet shall be provided. This radius may be increased based on the requirement of the Ray Township Fire Department in order to meet the requirements of the 2018 International Fire Code, specificly Section 503 and Appendix D, as amended. The Township may permit other alternative turnaround designs that provide adequate turning movements for emergency vehicles as reviewed and approved by the Planning Commission and Ray Township Fire Department. If islands are proposed within the cul-de-sac area, such islands shall be fully curbed and shall be landscaped.

6.

A boulevard entrance shall be provided for any road over eight hundred (800) feet in length. The maximum length of the boulevard without a break shall be one hundred (100) feet. The minimum width of the cul-de-sac shall be ten (10) feet. Such boulevard shall be landscaped as approved as a part of an approved landscape plan and shall be included within the road's maintenance agreement.

7.

The intersection of the private road and the abutting road shall be at ninety (90) degree angles. Modifications of this requirement may be allowed upon review by the Township Engineer when justified by physical constraints of the site. Minimum radius at intersections shall be thirty (30) feet measured from the edge of the road surface.

8.

The placement of the private road shall allow for the development of building sites, meeting the requirements of the underlying Zoning District, on both sides of the road. No single parcel of land shall be divided by any private road.

9.

A twenty (20) foot landscape greenbelt (contained within an easement) shall be provided along all exterior roadways. A complete landscape plan for the entire development area shall be submitted.

10.

A minimum of four (4) trees shall be planted outside of and parallel to the private road easement for each lot. Trees must be planted prior to occupancy of the residential structure.

11.

The lot area of lots developed as a part of a private road shall be exclusive of that land area contained within the designated road easement.

12.

All private roads shall be constructed in accordance with the specifications in the Ray Township Land Development and Engineering Ordinance or, if not in effect, then the Macomb County Department of Roads specifications.

13.

All private road construction shall be designed to meet the requirements of the 2003 International Fire Code, specific Section 503 and Appendix D, as amended.

14.

Appropriate road signage shall be provided throughout the development.

E.

Financial Guarantee.

1.

After approval of a private road by the Township Board, and before construction of the road is commenced, the applicant shall provide a financial guarantee assuring the proper and timely completion of said road and any utilities with the Township.

2.

The financial guarantee shall be equal to the estimated costs of construction of the private road as determined by the proprietor and agreed upon by the Township Engineer.

3.

Such financial guarantee may be cash, irrevocable bank letter of credit, or other financial guarantee acceptable to the Township.

4.

The financial guarantee shall remain on deposit with the Township until improvements have been installed in accordance with the approved plans and the Township Engineer has certified his acceptance to the Township Board.

5.

Portions of this financial guarantee may be released and made available upon request by the developer and verification by the Township Engineer that the portion of the project has been completed and approved.

F.

Building Permits.

1.

The Township Building Inspector may grant building permits for buildings only upon the completion of the road and only after the Township Engineer assures that:

a.

The private road has been constructed and approved by the Township up to, and including, the parcel for which they are seeking a building permit.

b.

A sufficient financial guarantee remains to complete the remainder of the road and associated improvements.

(Ord. of 1-15-2019; Ord. of 3-15-2022; Ord. of 4-17-2024)