Spring Lake City Zoning Code
ARTICLE XXII
Private Roads
§ 390-167 Purpose.
The regulations in this article have been adopted to ensure that:
A.
Private roads are designed, constructed and maintained to assure the safe passage and maneuverability of private passenger vehicles, service vehicles and emergency services vehicles in all seasons of the year;
B.
Private roads are constructed of suitable materials to ensure safe passage and long-term use;
C.
Private roads will be constructed so as to protect against or to minimize soil erosion and to prevent damage to the lakes, streams, wetlands, and natural environment of the Village;
D.
Private roads specifications meet current fire and safety standards.
§ 390-168 Effect.
A.
This article shall apply to all private roads constructed from and after the effective date of this article, except as otherwise provided in this article.
B.
Private roads existing before the effective date of this article shall continue to exist as they previously did. When an existing private road is extended and/or expanded, it shall comply with these regulations.
§ 390-169 Definitions.
The following definitions shall apply to the interpretation of the regulations in this article:
That the area is free of roots, brush, shrubs, trees, debris or any other obstruction.
The current fire and safety standards as adopted from time to time by the Village Council.
The Ottawa County Water Resources Commissioner.
The chief officer of the Fire Department serving the jurisdiction, or a duly authorized representative.
The slope of the horizontal cross section of a private road, measured from the highest point of the road's upper surface to the lowest point of the road's upper surface.
Any privately owned, improved and maintained roadway, path or trail which provides primary means of ingress and egress from a private right-of-way for more than one lot or site condominium unit.
The Village of Spring Lake Zoning Administrator or current agency in charge of the roads within the Village.
§ 390-170 General regulations.
A.
Authorized private roads are permitted in all zoning districts.
B.
Frontage requirements. A parcel served by a private road shall maintain frontage along the private road right-of-way equal to the minimum lot width required for the zoning district in which the parcel is located.
C.
Extensions and/or expansions. Any extension of and/or expansion to a private road in the Village shall be considered part of that private road, and shall be constructed in a manner that complies with the requirements of this article.
D.
Stormwater. The private road shall be constructed with a stormwater runoff management system as deemed necessary by the Village Engineer and/or the Drain Commissioner to maintain pre-development rates of runoff from parcels served by the proposed private road and for the right-of-way for the private road.
E.
Watercourse or wetlands. The crossing of any watercourse or wetlands by a private road shall be accomplished in a manner that satisfies the requirements of the Village and any county or state agency having jurisdiction.
F.
Signage. The private road shall be given a name, as approved by the Road Authority, the Village Assessor, and the Fire Chief. Street signs for the private road shall be designed and installed in accordance with the standards of the Road Authority. Temporary street signs shall be installed at all street intersections when construction of new roadways allows passage by vehicles. The addresses of the lots serviced by the private road shall be permanently displayed on the dwellings located on those lots and on their mailboxes. If the address displayed on the dwelling cannot be seen clearly from where the driveway meets the private road, then a permanent address must be placed where the driveway meets the private road. Cost of all signs shall be the responsibility of the permit holder for construction of the road.
G.
Debris. Any debris resulting from the construction of a private road shall be removed for appropriate disposal by the owner within 30 days after completion.
H.
Other ordinances. All Village water and sewer requirements and any other relevant requirements of Village ordinances must be satisfied with the construction of any private road.
§ 390-171 Private road construction permit.
A.
No private road shall be constructed, extended or relocated unless a private road construction permit has been applied for and obtained under this article.
B.
An application for a private road construction permit shall consist of the following materials and documents.
(1)
A completed application form containing the name(s) of the owner(s) and any other parties having any legal interest in the proposed private road, the property on which it is to be constructed, and the property it is to serve;
(2)
A survey of the proposed private road right-of-way prepared by a Michigan registered and licensed land surveyor;
(3)
A joint maintenance agreement which meets the requirements of this article; and
(4)
Twelve copies of a scale drawing, prepared by a Michigan registered and licensed engineer, showing the following:
(a)
The exterior boundaries of the lot or parcel on which the private road will be constructed;
(b)
The proposed layout, grade, elevation, dimensions, and design of the private road right-of-way and roadway, including the location of the proposed ingress and egress from the adjoining street(s);
(c)
The location of all public utilities, including water, sewer, telephone, gas, electricity and television and/or media cable to be located in or within 20 feet of the private road right-of-way;
(d)
The location of any lakes, streams, wetlands, drains, septic systems or private sewer systems within 100 feet of the private road right-of-way;
(e)
The proposed layout and location of lots to be served by the proposed private road;
(f)
The location of any other building or structures located or to be located within 100 feet of the private road right-of-way;
(g)
The location of all existing buildings or structures to be serviced by the private road;
(h)
A stormwater management plan for water runoff from the private road.
§ 390-172 Review and approval procedure.
§ 390-173 Maintenance and repairs.
A.
Private roads shall be maintained in a manner that complies with the provisions of this article.
B.
All private roads shall be continuously maintained in such a way that they will not constitute a danger to the health, safety and welfare of the Village's inhabitants or visitors. All private roads shall be continuously maintained in such a way that they are readily accessible to and usable by emergency vehicles in all types of weather.
C.
All costs for the maintenance and repair of a private road shall be the responsibility of the property owners served by the private road, as specified in the joint maintenance agreement required by this article.
§ 390-174 Indemnity.
As a condition of applying for and obtaining a private road construction permit, all applicants for a private road construction permit and all owners of a private road shall agree to indemnify and hold the Village, and anyone else authorized by and acting on behalf of the Village to assist in the private road review process, harmless from any claims for personal injury or property damage arising out of the construction, use, maintenance, inspection, review or repair of a private road.
§ 390-175 Maintenance agreement.
Applicants for a private road construction permit, and owners of the property bordered by and serviced by a private road, shall provide the Village with a recordable private road maintenance agreement. The maintenance agreement shall be in a form satisfactory to the Village and shall provide that the private road shall be privately maintained and repaired to ensure safe travel for all emergency vehicles at all times and during all seasons of the year. This maintenance agreement shall be recorded at the Ottawa County Register of Deeds and shall be a recordable covenant running with the land, binding on all lots served by and bordered by the private road. The maintenance agreement shall include the following:
A.
Financing improvement and/or maintenance. The maintenance agreement shall include a method of initiating and financing any improvement or maintenance of the private road as is necessary to keep it in a reasonably good, usable, and safe condition.
B.
Method of apportioning costs. The maintenance agreement shall include a method of apportioning the cost of improvement or maintenance of the private road, together with a method to enforce payment by providing that any amount remaining unpaid by the owner of a lot serviced by the private road shall become a lien against that lot.
C.
Village's option to improve and/or maintain. The maintenance agreement shall include a procedure whereby the Village may, in its discretion but without obligation, improve or maintain the private road and assess the cost thereof to the owners of lots serviced by the private road in a reasonably proportionate manner, such as road front footage, without the need for any additional petition for the improvements or maintenance from the lot owners.
D.
Noninterference provision. The maintenance agreement shall include a provision that the owner of each lot using the private road shall not prohibit, restrict, limit or in any way interfere with normal ingress and egress and other use(s) of the private road by the owners of the remaining lots with an interest in the private road, including family members, guests, trades people and others with legitimate purposes who are traveling to or returning from any of the lots with an interest in the private road.
E.
Indemnity provision. The maintenance agreement shall include a provision that all of the owners of lots with an interest in the private road shall indemnify the Village and individuals associated with the Village from any liability whatsoever arising from the purchasing, planning, constructing, inspecting, repairing, maintaining, using and dedicating of the private road.
§ 390-176 Certificate of compliance.
A.
Upon completion of construction of the private road, the permit holder shall provide the Building Official with a set of "as built" drawings and sealed documentation from a Michigan-registered engineer certifying that the private road has been completed in accordance with the requirements of the permit issued. Authorized Village personnel may inspect the private road to determine whether it complies with the approved plans and permits as issued, but this inspection shall not detract from the Village's ability to rely on the certification of a Michigan-registered engineer concerning the private road. A certificate of compliance shall be issued by authorized Village personnel if it is determined that the private road has been constructed in compliance with approved plans and the permit as issued.
B.
If the completed private road does not satisfy the requirements of the issued permit, the applicant(s) shall be notified of the noncompliance, in writing, and shall be given a reasonable period of time within which to correct the deficiencies. Failure to correct the deficiencies within the time provided shall subject the applicant(s) to the penalties provided for in this chapter.
C.
Authorized Village personnel shall have the right to enter upon the property where the private road is or will be located to conduct such inspections as may be necessary to administer these regulations and guarantee continued compliance.
§ 390-177 Fees.
Application fees for permits required by this article shall be set by the Village Council from time to time by resolution.
§ 390-178 Building permits for parcels on private roads.
No building permit shall be issued for any building, dwelling or structure provided access by and having frontage on a private road unless the maintenance agreement is recorded, a private road construction permit has been issued by the Village, and an inspection by the Fire Chief has determined that there is acceptable access in compliance with current fire and safety standards.
§ 390-179 Approval by road authority.
No permit shall be issued for a private road until the applicant has presented the Village with a curb-cut permit issued by the Road Authority, or a letter from the Road Authority indicating that no such permit is required.
§ 390-180 Performance guarantee.
A.
The Village may require the applicant to post a bond or some other performance guarantee in the form of cash, a bank letter of credit, or other surety to ensure compliance with the requirements of this article.
B.
If required, the amount of the performance guarantee shall be equal to the total estimated cost of construction of the private road as approved by the Village.
C.
The performance guarantee, or unspent portions of it, will be returned to the applicant by the Village upon completion of the private road to the standards required by this article.
D.
The performance guarantee shall be processed in accordance with the requirements of this article, and in accordance with the requirements of this chapter, including the requirement for periodic rebates of the performance guarantee as portions of the construction of the private road are completed.
§ 390-181 Miscellaneous provisions.
For purposes of this article, the following definitions or rules shall apply:
A.
The length of a private road shall be measured along the center line of the road from the center line of the street that the private road touches to the end of the private road.
B.
All parcels developed after the construction of the private road that have frontage on the private road shall take their primary access from the private road, and not an adjacent street.
C.
All private roads are subject to periodic inspection by the Fire Department in order to ensure that they are being properly maintained according to current fire and safety standards.
D.
The terms "maintenance" and "repair" include, but are not limited to, the following: snow removal, grading, tree trimming, tree removal, and reconstruction of a private road.
E.
This article shall apply to all private roads which are constructed after the effective date of this article, and to all private roads lawfully existing at the time of the effective date of this article if they are subsequently improved, extended, or expanded to serve a greater number of lots or site condominium units.
F.
These regulations replace in their entirety any other regulations applicable to the construction of private roads in the Village.
G.
Construction of a private road is to be commenced within one year of issuance of the permit, and the applicant is to proceed diligently to completion of the road. If construction is not commenced within such period and pursued diligently to completion, the permit shall expire and the applicant shall reapply as provided in this article if the applicant later decides to proceed. The period within which construction must be commenced is subject to extension by the Village Council for good cause shown and, as a condition of extension, the Village Council may increase the amount of performance guarantee required.
H.
The improved portion and the cleared and passable portion of any private road shall be located in the middle of the right-of-way for the private road.
§ 390-182 Standards and requirements for private roads.
All private roads shall be subject to the following standards and requirements.
A.
Less than seven lots or site condominium units served. Private roads which serve more than one and less than seven lots or site condominium units shall have the following minimum improvements.
(1)
A subbase of granular material (MDOT Class II) which is at least 12 inches in depth.
(2)
An aggregate base course of compacted gravel, crushed concrete, slag, or similar material which is at least six inches in depth for the entire length of the road.
(3)
The minimum width of the right-of-way shall be at least 33 feet for the entire length.
(4)
The minimum width of both the subbase and the aggregate base course shall be at least 14 feet for the entire length of the road.
(5)
The road shall have a vertical clearance of at least 13 feet six inches for its entire length.
(6)
Roads which are at least 400 feet but less than 600 feet in length shall provide a passing lane 20 feet wide and 60 feet in length. Roads which are at least 600 feet but less than 800 feet in length will provide two such passing lanes. Private roads greater than 800 feet in total length shall provide an adequate number of passing lanes so as to allow uninterrupted Fire Department operations. These passing lanes shall be constructed in the same manner as the private road, using the same materials.
(7)
The road grade shall not exceed 10%.
(8)
The minimum width of the aggregate base course and an additional two feet on each side must be clear, passable, and maintained.
(9)
The private road shall have a minimum lateral crown of 2% and a maximum lateral crown of 7%.
(10)
The owner of the property on which the private road shall be constructed must record an easement for ingress and egress purposes directly to and from a street for the benefit of the owners and users of the lots or site condominium units which are served by the private road. The easement shall also provide for the construction, maintenance, and repair (as well as reconstruction) of the private road and utilities. In addition, a public easement shall be required for municipal water and sanitary sewer. The easement shall benefit the lots or site condominium units which front on or abut to the private road. Additionally, the owner of the property over which the private road is to be constructed shall grant an easement to or for each utility company or municipality which provides utility or emergency services to any parcel which is accessed by the private road; the form and location of the easement for utilities or emergency service must be reviewed and approved by the utility company or municipality prior to recording of the easement.
(11)
The owner of the property on which the private road shall be constructed must record a maintenance agreement with the Ottawa County Register of Deeds which complies with the requirements of this article.
(12)
Any private road with less then seven lots or site condominium units which was developed or approved in conjunction with a development with seven or more lots or site condominium units must follow the standards of § 390-182.
(13)
The design layout, including but not limited to radius of turns and culs-de-sac, shall be reviewed by the Fire Department to ensure that emergency equipment can readily traverse the private road. The review by the Fire Department shall be based on the current fire and safety standards. Any private road which dead ends shall have a cul-de-sac which is designed and constructed in accordance with the specifications of the current fire and safety standards and/or the Road Authority. Standards of a private road system and intersections with public roads shall provide adequate clear vision, safe turning and safe travel at the posted speed limit as determined by the Road Authority, as if the private road were a street under the jurisdiction of the Road Authority.
B.
Commercial zone or seven or more lots or site condominium units serviced. Private roads which are in a commercial zone or which serve seven or more lots or site condominium units shall have the following minimum improvements.
(1)
A subbase of granular material (MDOT Class II) which is at least 12 inches in depth.
(2)
An aggregate base course of compacted gravel, crushed concrete, slag, or similar material which is at least six inches in depth for the entire length of the private road.
(3)
The minimum width of the right-of-way shall be at least 66 feet for the entire length.
(4)
Bituminous paving overlay of the base course is required. The bituminous paving and the bituminous mixture or content must meet or exceed the then-current standards of the Village for local streets, excluding the requirement for curb, gutter and storm sewer installation. The paving must also be able to support the live load requirement of current fire and safety standards.
(5)
The private road shall have a vertical clearance of at least 13 feet six inches for its entire length.
(6)
The minimum width of the aggregate base course and an additional two feet on each side must be clear, passable and maintained.
(7)
The private road shall have a minimum lateral crown of 2% and a maximum lateral crown of 7%.
(8)
The owner of the property over which the private road shall be constructed must record an easement for ingress and egress purposes directly to and from a public street for the benefit of the owners and users of the lots or site condominium units which are served by the private road. The easement shall also provide for the construction, maintenance, and repair (as well as reconstruction) of the road and utilities. In addition, a public easement shall be required for municipal water and sanitary sewer. The easement shall benefit the lots or site condominium units which front on or abut to the private road. Additionally, the owner of the property over which the private road is to be constructed shall grant an easement to or for each utility company or municipality which provides utility or emergency services to any parcel which is accessed by the private road; the form and location of the easement for utilities or emergency service must be reviewed and approved by the utility company or municipality prior to recording of the easement.
(9)
The owner of the property over which the private road shall be constructed must record a maintenance agreement with the Ottawa County Register of Deeds which complies with the requirements of this article.
(10)
The design layout, including but not limited to radius of turns and culs-de-sac, shall be reviewed by the Village Fire Department to ensure that the Village's equipment can readily traverse the private road. The review by the Village Fire Department shall be based on the current fire and safety standards. Any private road which dead ends shall have a cul-de-sac which is designed and constructed in accordance with the specifications of the current fire and safety standards and/or the Road Authority. Standards of a private road system and intersections with public roads shall provide adequate clear vision, safe turning and safe travel at the posted speed limit as determined by the road authority, as if the private road were a street under the jurisdiction of the Road Authority.
(11)
Maximum separation. A private road right-of-way which intersects a street right-of-way shall have a minimum separation from any other private road right-of-way and any other street right-of-way equal to what the Road Authority would require as a minimum separation between two streets.