The purpose of this section is to provide the regulations for construction, improvement and maintenance of private roads. The regulation of private roads is declared to be a public purpose and necessary for year around access by fire, police and like emergency vehicles. It is further recognized that if such roads are not constructed, improved or maintained in accordance with certain minimum standards, such roads frequently become impassable and otherwise pose a threat to the health, safety and welfare of the residents who would find use of the roadway essential. (Amended Ord. 2023, 11/18/24)

1. An "existing private road" is a private road or a private road system which is used to provide access to existing lots, buildings or dwelling units as of the effective date of this section. An "existing private road" must physically exist at the effective date of this section.
2. An "existing lot" is a lot which, as of the effective date of this section, meets at least one of the following conditions:
   1. The lot consists of a parcel described be metes and bounds for which a deed has been recorded with the Allegan County Register of Deeds, or of a parcel described by a land contract or memorandum of land contract which has been recorded with the Allegan County Register of Deeds.
   2. The lot has been assigned its own permanent parcel number by the Allegan County Property Description and Mapping Department and is individually assessed and taxed on that basis or;
   3. 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 Allegan County Register of Deeds in accordance with the Michigan Condominium Act (PA59 of 1978, as amended, MCLA 559.101 et seq.) and other applicable laws and ordinances.
3. An "existing building" or an "existing dwelling unit" is a building or dwelling unit for which a building permit has been issued by the Township as of the effective date of this section.

1. Expansion of Use. Existing private roads or roadway systems as may be permitted to serve additional lots or building sites without being permitted to serve additional lots or building sites without being upgraded to meet the construction standards contained herein subject to the following limitations:
   1. The additional lots or building sites shall conform to dimensional and size standard of the zoning district, and approved by the Planning Commission as a special use and be created entirely from properties having legal, uncontested access to the private roadway on the effective date of this ordinance.
   2. The total number of additional lots or building sites created shall be limited to fifty percent of the number of parcels that under its current zoning might otherwise legally be created from properties served by the roadway, based on applying the lot size and lot width requirements of the applicable zoning district.
   3. The Fire Chief will be required to file a report on the existing private road with the Planning Commission indicting his/her opinion of providing emergency service to residences served by the private road.
   4. Based on the recommendations of the Fire Chief and other information provided to the Planning Commission, the applicant may be required to make limited but necessary improvements to the existing private road as a condition for obtaining the additional lots.
2. A Private road or roadway system in existence on or before the effective date of this ordinance shall be required to be upgraded to comply with the construction standards contained herein when:
   1. The use of the roadway or roadway system is expanded to serve additional lots and building sites created from properties not having legal access to the roadway system on or before the effective date of this ordinance, or
   2. The number of parcels served by the roadway exceeds the limits described in subsection (a), (2) above.
3. Driveways serving on (1) or two (2) residential lots or parcels are exempt of these provisions.
4. The provisions of this section shall not apply to access roads internal to any individual lot or parcel of land as defined by this ordinance if the parcel has direct public street frontage access, is under the control of one person, firm, or corporation, or partnership and the access road does not provide access to any abutting lot or parcel of land. Typical examples of access roads that may be exempt include those serving multi-family apartments, nursing homes, hospitals, factories, schools, mobile home parks and shopping centers.

1. Private roads may be permitted under the following provisions, unless otherwise provided in all zoning districts, except the A-1 Agricultural Conservation District and DOS Designated Open Space District, where private roads are prohibited.
2. A private road shall be located within a private road easement and the easement shall intersect with a public road. The easement shall not be less than sixty-six (66) feet in width at any point if it serves residential, non-commercial or non-industrial uses, or less than eighty-six (86) feet wide at any point if it serves commercial or industrial uses. Any dead-end easement that exceeds two hundred (200) feet in length, shall widen such that there is a minimum radius at the terminus of sixty (60) feet for residential, non-commercial or non-industrial use and seventy-five (75) feet for commercial and industrial use.
3. Maximum Length. Unless otherwise limited by the provisions of paragraph c) below, the length of a single access or dead end street shall be limited to 1,320 lineal feet of roadway. The measurement shall be made from the point where the centerline of the private street intersects with the public street right-of-way line, then along the centerline of the private roadway to the street end point most distant from the public right of way. Note: The length measurement is not a sum total of bifurcated segments. (Amended Ord. 2007-2Z, effective 12-25-07)
4. The maximum number of lots situated on a road, or combination of roads, having only one common point of access to a state highway or county primary or county local road shall not exceed fifty (50). in the R-1, R-2, and LRD Districts, and sixteen (16) in the A-2 District Such limitation shall apply in the event of whether or not the streets are dedicated to public or are private roads or a combination of public and private. (Amended Ord. 2023, effective 11/18/24)
5. Lots having access to the private road easement shall have frontage on the private road which is at least equal to the following:
   1. A-1 and DOS Districts: Private Roads Prohibited
   2. A-2 District: 300 feet
   3. R-1 District: 90 feet, except where otherwise specified in this Ordinance.
   4. R-2 District: 85 feet, except where otherwise specified in this Ordinance.
   5. LDR District:lot100 feet, except where otherwise specified in thisisOrdinancelocated
   6. C-1 District: 200 feet
   7. I-1 District: 100 feet
   .
6. For each corner lot, double frontage lot or other development area having fronting on a county local or county primary street which also fronts or is served by a new private street approved under this section, a building setback of 80 feet, as measured from the public street right of way is required. The first 50 feet of the setback area from the public right of way shall be established and maintained by the property owner or development association as a landscape buffer easement containing natural or planted trees and shrubbery and capable of effectively screening buildings and yard areas from the public street. The balance of the required 80 foot setback area may be established as customary front yard area pertaining to the lot within which water wells, septic systems and customary landscaping is permitted but where above ground structures are prohibited. Provisions for the continuation and maintenance of the 50 foot landscape buffer easement shall be contained in the Road Maintenance provisions required under Section 20.06. (Amended Ord. 2007-2Z, effective 12-25-07)
7. The Private road shall be given a street name that is not the same or similar to any other street name in the County. A street sign bearing the street name given the private road meeting Allegan County Road Commission standards as to design, location, and maintenance shall be erected and maintained where such private road adjoins any public road.
8. A dwelling unit which derives its primary access from a private road shall display a house number in a manner so that the number is at all times readily visible from the private road. The house numbers shall be a minimum of three (3) inches in height.

1. In determining the location of a private road, consideration shall be given to safety of traffic entering and exiting the driveway in relationship with the public road.
2. All private roads shall be constructed in a manner to provide effective storm water drainage and to prevent run-off onto adjacent property. If a private road crosses a natural drainage course, stream or other natural body of water, the method of crossing (by bridge, culvert or other structure) must be certified by a registered professional engineer that it complies with applicable Allegan County Road Commission and State of Michigan requirements.
3. A private road which serves three (3) to eight (8) residential lots or parcels shall be considered a Category "A" road and be constructed to the standards indicated for Category "A" roads in Attachment A. (Amended Ord. 2007-2Z, effective 12-25-07)
4. A private road which serves nine (9) to fifteen (15) residential lots or parcels shall be considered a Category "B" road and be constructed to the standards indicated for Category "B" roads in Attachment A. (Amended Ord. 2007-2Z, effective 12-25-07)
5. Any road or road segment constructed to serve more than sixteen (16) residential lots or parcels shall be constructed to the standards of the Allegan County Road Commission for platted public streets as indicated for Category "C" roads in Attachment A. (Amended Ord. 2007-2Z, effective 12-25-07)
6. A private road which is to serve commercial or industrial uses shall be considered a commercial road and shall be constructed to the standards indicated for "Commercial" road in Attachment A.

The applicant(s) and/or owner(s) of the proposed private road shall provide to the Township a recorded road maintenance agreement, access easement agreement, and deed restrictions which shall provide for the perpetual private (non-public) maintenance of such roads and/or easements to a necessary and reasonable degree in which to serve the parties having an interest in the private road. These documents shall contain the following provisions.

1. A method of initiation and financing of such road and/road easements in order to keep the road in a reasonably good and usable condition.
2. A workable method of apportioning the costs of maintenance and improvements.
3. A statement that the roadway is privately owned and will not be maintained by the public, is not intended to become public and is not eligible to be considered for public acceptance unless the road is brought up to the standards of the Allegan County Road Commission at the owner's expense.
4. A statement that if repairs and maintenance are not made to keep the roadway in safe and good condition, such condition shall be considered in violation of this ordinance and further that upon due notice the Township Board may take legal action to bring the road up to Township standards and assess the owners of parcels on the road for the improvements, plus all other direct administrative and legal.
5. A notice that the Township will be held harmless for any personal or property damage claims stemming from accidents occurring on or in connection with the private road.
6. Easements to the public for purposes of utilities and emergency and other public vehicles for whatever public services are necessary.
7. A provision that owners of any and all of the property using the road shall refrain from prohibiting, restricting, limiting, or in any manner interfering with normal ingress and egress and use by any of the other owners. Normal ingress and egress use shall include use by family, guests, invitees, tradesman, and others bound to or returning from any of properties having a right to use the road.

An application to establish, extend, improve or relocate a private road shall proceed as a Special Land Use under the provisions of Chapter 15 and shall be filed with the Township Zoning Administrator along with a fee as set by the Township Board The application shall, in addition to all applicable information required under Chapter 14, contain, or be accompanied by, the following information:

1. Permanent parcel number or legal description of the property over which the private road is to be constructed.
2. A site location map not to scale which shows the location of the parcel containing the road to surrounding properties and roadways within one-half mile of the site.
3. A scaled drawing prepared by a registered engineer showing the precise location, route, elevations, dimensions, specifications and design of the private road an any proposed extensions of the road, existing or proposed curb cuts and the location and distance to any public street which the private road is to intersect.
4. A road maintenance agreement, access easement agreement, and deed restrictions as described in Section 20.06, herein, shall also accompany the application.

1. The Planning Commission shall review this information to determine compliance with the general standards and requirements for Special Land Uses and the specific standards for private roads as contained herein. The Planning Commission may consult with the Township Fire Chief, Attorney, Engineer, and Planner as deemed necessary.
2. If, after the required public hearing, the Planning Commission finds the application meets the requirement of this chapter it shall approve the Special Land Use Permit on the conditions that the road is constructed and documented as required herein. The Planning Commission shall then authorize the Zoning Administrator to issue a permit for the construction of the private road.
   
   This permit shall consist of a stamp noting approval and containing the signature of the Zoning Administrator and the date approved. Two copies of the private road plans shall be for approval, one copy shall be kept by the applicant, and one by the Township.
3. The applicant shall provide to the Zoning Administrator a documentation that the road maintenance agreement, access easement and deed restrictions have been recorded with the Allegan County Register of Deeds office, and a driveway permit for the private road from the Allegan County Road Commission.
   
   This construction permit is not a building permit and does not authorize the construction of any buildings adjacent to the private road. The private road construction permit is valid for a period of one (1) year form the date of approval. If the construction of the private road had not commenced before this date, the permit shall expire. A new permit shall be required before the construction can begin.
4. If the Planning commission denies the application, the written reasons for denial shall be provided to the applicant within five (5) working days of the date of denial.

Upon completion of construction of the private road, the applicant shall provide the Zoning Administrator with a letter from a registered professional engineer that the road has been constructed in compliance with the approved private road plans.

Upon completion of all items and conditions for final compliance, the Zoning Administrator shall issue a Final Compliance Notice for the Special Land Use Permit for the Private Road to the applicant.

A building permit shall not be issued for any principal building, dwelling or structure which derives its primary access from a private road unless a private road construction permit has been issued by the Township.

An occupancy permit for a building commenced prior to the completion of the road shall not be issued until final compliance and issuance of the final special use permit for the Private Road, or if basic, safe access is provided, the applicant for a building permit of the owner(s) of the private right-of-way may provide the Township with a performance bond or letter of credit. The amount shall be determined by the Planning Commission in consultation with the applicant and will be large enough to ensure that construction of the private road, in accordance with the approved private road construction permit, can be completed within 180 days from the issuance of the occupancy building permit.

ATTACHMENT "A" CHAPTER 20 PRIVATE ROADS
WATSON TOWNSHIP, ALLEGAN COUNTY

PRIVATE ROAD STANDARDS

(Amended Ord. 2007-2Z, effective 12-25-07)

NOTES: Ref. Sec. 20.04 and 20.05¹ Grades shall not exceed 4% for a distance of 30 feet from any public or private street intersection. ² An average grade of greater than 5% may not extend for more than 500 lineal feet. ³ All roads and drainage improvements shall be designed and engineered by a registered engineer and construction inspected. ⁴ Standards for Category A Roads are intended to reflect the standards for local roads as required by the Allegan County Road Commission, except for surface, roadway and shoulder with and maximum grade. ⁵ Standards for Category B Roads are intended to reflect the standards for local roads as required by the Allegan County Road Commission and are subject to change by resolution of the Allegan County Road Commission. ^* With the recommendation and seal of a registered civil engineer a natural base of gravel or sand may be used, if suitable.