This article contains the standards and procedures for the development of private roads within Yankee Springs Township.

(Ord. No. 12-08-2022, § II, 12-8-2022)

A.

Preliminary Private Road Permit. Application for a preliminary private road permit for the construction of a private road shall include the following:

1.

The name, address and telephone number of the developer.

2.

The name and location of the proposed private road.

3.

A site plan illustrating the location and length of the road, adjacent properties, existing grade of the site, proposed grade of the road and adjacent portions of the site, existing structures adjacent to the proposed road, drainage, water bodies and proposed improvements.

4.

Detailed construction plans sealed by a professional licensed engineer.

Upon Yankee Springs Township Planning Commission and Township Board approval of the proposed private road, a preliminary private road permit shall be issued. Construction of the private road shall not begin until the preliminary private road permit is issued.

B.

Final Private Road Permit. Once a preliminary private road permit has been issued and construction of the private road has been completed, the following documentation shall be submitted to the Yankee Springs Township Zoning Administrator for the issuance of a final private road permit.

1.

A certification signed by a professional licensed engineer, that the road has been completed in accordance with the requirements of this ordinance.

2.

A survey and legal description completed by a professional licensed surveyor, illustrating the location of the private road and its easement.

3.

A fee to be established by the Yankee Springs Township Board.

(Ord. No. 12-08-2022, § II, 12-8-2022)

All private roads proposed for construction within Yankee Springs Township shall be subject to the following standards:

A.

General Provisions.

1.

A private road shall include all roads, streets, easements and rights-of-way for ingress and egress which are non-public, and which are used to calculate or measure the required frontage or lot width for the zoning district in which it is located.

2.

Private roads shall be allowed in all zoning districts.

3.

A maintenance agreement for the maintenance and upkeep of the private road shall be submitted and approved prior to the issuance of any permit associated with a private road.

B.

Design and Construction Requirements.

1.

A private road shall be constructed centrally within a right-of-way or easement not less than sixty-six (66) feet in width.

2.

All private roads shall have a finished road surface width of at least eighteen (18) feet. A private road connecting to a paved road must be paved. A private road connecting to a gravel road may be paved or gravel.

3.

A private road with a single connection to a public street shall not exceed one thousand two hundred fifty (1,250) feet in length, measured along the centerline. Any private road longer than one thousand two hundred fifty (1,250) feet in length requires two exits. All dead-end private roads shall have a cul-de-sac.

4.

Cul-de-sacs shall have a minimum right-of-way or easement radius of fifty (50) feet and a minimum running surface radius of forty (40) feet. The cul-de-sac may have a center landscape island, however, the minimum paved or gravel lane width shall be twenty (20) feet. "T"-type private road endings are not permitted.

5.

All private roads shall be constructed with sufficient slopes and grades as to provide adequate storm water and road drainage and shall provide adequate culverts and ditches at all drainage courses and waterways.

6.

Where a proposed private road will intersect a public road, approval from the Barry County Road Commission and/or the Michigan Department of Transportation shall be required prior to any permits being issued.

7.

The road base shall consist of not less than twelve (12) inches of compacted sand and six (6) inches of gravel compacted in place. 22A gravel shall be used where pavement will be applied as the surface course. 23A gravel shall be used where the gravel will remain exposed.

8.

For gravel and paved roads, the cross-section shall be a minimum of eighteen (18) feet with two (2)-foot shoulders on each side with side ditch slope not exceeding one (1) foot vertical to each four (4) feet horizontal.

9.

For paved roads, no less than three (3) inches of asphalt placed in two (2) lifts shall be applied. Asphalt must consist of at least 1.5 inches of MDOT 13A asphalt base mix and at least one and one-half (1.5) inches of MDOT 36A asphalt surface mix. If the road surface is concrete, a minimum of six (6) inches of concrete shall be applied.

10.

Overhead trees and limbs must be maintained to no less than fourteen (14) feet above ground over a cleared travel width of twenty (20) feet.

11.

Storm water management shall consist of ditches and storm sewer designed to a ten (10)-year storm event and basins designed to a twenty-five (25)-year storm event and shall not result in an increase in storm water run-off from the subject property onto any adjoining land. All improvements must be able to convey the one hundred (100)-year storm event without resulting in property damage from surface storm water on or off the subject property. Storm water run-off calculations prepared by a professional licensed engineer shall be included with the private road construction plans.

12.

Maximum private road grade shall be six (6) percent.

13.

Private road construction plans shall include an erosion control plan.

14.

Private road construction plans shall include private road sign detail and location(s).

15.

A private road may connect to or extend an existing private road, as long as the new private road conforms to the standards for construction set forth herein.

16.

All private roads shall be uniquely named throughout the county so as not to confuse emergency responders.

C.

Preservation Requirements.

1.

Significant natural features or vegetation that would be adjacent to the private road or within the right-of-way shall be preserved to the extent possible. Mass clearing or grading prior to the installation of a private road shall be prohibited.

2.

This ordinance requires the consideration of natural features in the placement of a proposed private road, with the purpose of preserving natural features and resources, and maintaining the rural and natural character of Yankee Springs Township.

3.

Where a modification to the standards set forth in subparagraphs 1. and 2. above, is desired, the application for a private road shall include a written explanation of the request and justification for departing from the standards. In determining whether to approve or to require modified standards, the Yankee Springs Township Planning Commission shall consider whether grade and road design would provide for the efficient and safe movement of vehicular and pedestrian traffic. The Yankee Springs Township Planning Commission may seek advice of the Barry County Road Commission, the Barry County Sheriff, and/or other local agencies or experts in coming to a decision.

D.

Prior Non-Conforming Private Roads.

1.

All private roads, which were lawful on the effective date of this ordinance, shall continue to be lawful.

2.

Existing private roads that do not meet the standards for construction set forth herein may be improved without fully complying with said standards if the improvement does not 1) constitute the paving of a gravel road; 2) will not result in an extension of the private road; or 3) will not result in the private road serving additional building sites.

(Ord. No. 12-08-2022, § II, 12-8-2022)

A.

Prior to the approval of the proposed private road, the applicant shall submit to Yankee Springs Township a set of deed restrictions, in a form acceptable to the Yankee Springs Township Board and suitable for recording with the Barry County Register of Deeds, which shall provide for the creation of the private road easement.

B.

The applicant shall submit to Yankee Springs Township a document, in a form sufficient for recording with the Barry County Register of Deeds, stating that the homeowners' association shall be responsible for the upkeep and maintenance of the private road and that in no event shall the association, the individual homeowners', the applicant or their heirs or assigns hold Yankee Springs Township liable for the costs of road signs, traffic control signs, maintenance, lighting or snow removal.

C.

A recordable private road homeowners' maintenance agreement, signed by all owners of the right-of-way or easement for the private road, and by all other parties having any interest therein, shall be provided to Yankee Springs Township. Such agreement shall provide for and assure that the private road shall be regularly maintained, repaired, and snowplowed so as to assure that the road shall be safe for travel at all times. The agreement shall also provide for the payment of all costs and expenses of such maintenance, repair and snowplowing by all or any of the parties having interest.

D.

The deed restrictions and private road homeowners' maintenance agreement shall be reviewed by the Township Attorney and approved by the Yankee Springs Township Board prior to the issuance of any permit associated with a private road.

E.

The deed restrictions and private road homeowners' maintenance agreement shall be recorded with the Barry County Register of Deeds and a copy of the recorded documents filed with the Yankee Springs Township Zoning Administrator prior to issuance of a final private road permit. The deed restrictions/agreement shall be annotated on the registered deed of each property adjacent to the private road.

F.

Land divisions companion to a private road improvement will not be approved until the final private road permit is filed with the Yankee Springs Township Zoning Administrator.

(Ord. No. 12-08-2022, § II, 12-8-2022)

A.

Except as provided in this ordinance, no zoning permits, building permits or certificates of occupancy shall be issued for properties served by a private road prior to the issuance of a final private road permit.

B.

Zoning permits, building permits, and certificates of occupancy may be issued prior to the issuance of a final private road permit when any or all of the following conditions are satisfied:

1.

The subject parcel also abuts a dedicated public road and:

a.

A driveway construction permit has been obtained, by the applicant for the building permit, from the Barry County Road Commission or the state highway department for the construction of a driveway from the subject property onto the public road right-of-way.

b.

No other parcel shall have access permitted via said driveway to the public road right-of-way until the driveway is improved to the standards contained herein for a private road.

2.

The building permit applicant supplies a performance bond guaranteeing the completion of the private road according to the standards provided herein. The surety bond, to be executed by a surety company authorized to do business in the State of Michigan, shall be in the amount determined by the Yankee Springs Township Board to be reasonably necessary to insure the compliance hereafter.

a.

In determining the amount of such surety bond, the Yankee Springs Township Board shall take into account the size of the proposed private road; the current prevailing costs of completing the road upon default of the applicant; the estimated expense to compel the applicant to comply with the terms of this ordinance either by court order or other means; any other conditions or facts that might be relevant in determining the reasonable cost of completing the private road.

b.

The Yankee Springs Township Board may agree to substitute a cash payment or irrevocable letter of credit, in an amount to cover the costs of completing the private road, as an alternative to the performance bond.

(Ord. No. 12-08-2022, § II, 12-8-2022)

Upon recommendation by the Yankee Springs Township Planning Commission and approval by the Yankee Springs Township Board, a standard of construction applicable to a private road may be waived if a professional licensed engineer certifies that the substitution is consistent with acceptable industry standards and upon review by the Township Engineer.

(Ord. No. 12-08-2022, § II, 12-8-2022)