Charter Township of Oakland, MI
Oakland County
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Table of Contents
Table of Contents
Any lot or parcel of land resulting from a division or partition of lands pursuant to this Part 2 which does not abut a public road shall abut a private road which has been approved by the Township. Divisions with more than two panhandle parcels sharing a common driveway shall be reviewed as a private road.
A. 
The applicant shall contact the Township Supervisor or designated agent to request a preapplication conference.
B. 
Prior to the preapplication conference, the applicant shall submit a sketch of the proposed property division for review by the Township Supervisor. The sketch, in a minimum scale of one inch equals 100 feet should include the following information:
(1) 
Parcel identification number of the property.
(2) 
Proposed lines of division and dimensions.
(3) 
Existing buildings and structures.
(4) 
Notation of significant natural features such as natural watercourses and wetlands, steep slopes, stands of trees, and unique vegetation.
A. 
The applicant must file an application for a private road land division with the Township Clerk, pay the required filing fee and establish an escrow account to cover the cost of reviews by Township consultants.
B. 
The applicant shall provide proof of ownership and/or written consent of such owner and the names and addresses of those concerned with the application.
A. 
Private road standards (specification drawing).
B. 
The maximum length of a private road shall be 2,000 feet.
C. 
The maximum length of a "panhandle" on a cul-de-sac shall be 200 feet.
D. 
The private road shall have a maximum grade of 8%.
E. 
The private road approach shall be a minimum of 30 feet in width at the intersection of a public road, as required by the County Road Commission.
F. 
Private roads shall not interconnect with public streets.
G. 
Where existing private roads are to be extended within the original property, but not to adjacent parcels, the existing road may be extended at its present right-of-way width, providing that the entire private road is improved to the specifications of this Part 2, except for width.
H. 
The ultimate divisions of a private road land division shall not create a density in excess of 50% of the density permitted by the zoning district. This limit on the ultimate number of parcels shall be made a part of the recorded deed restrictions.
I. 
The maximum number of parcels on a single access cul-de-sac shall be no more than 30.
[1]
Editor's Note: See also the Private Road Specifications, located at the end of this chapter.
Road maintenance agreement, easement agreement, and deed restrictions shall provide for the perpetual private (nonpublic) maintenance of such roads and/or easements to a necessary and reasonable standard to serve the several interests involved. These documents shall contain the following provisions:
A. 
A method of initiating and financing of such road and/or easements in order to keep the road in a reasonably good and usable condition.
B. 
A workable method of apportioning the costs of maintenance and improvements.
C. 
A notice that if repairs and maintenance are not made, the Township Board may bring the road up to the design standards specified in § 250-54 of this article and assess owners of parcels on the private road for the improvements, plus an administrative fee in the amount of 25% of out-of-pocket costs.
D. 
A notice that no public funds of the Township are to be used to build, repair, or maintain the private road.
E. 
Easements to the public for purposes of emergency and other public vehicles for whatever public services are necessary.
F. 
A provision that the 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 and use shall include use by family, guests, invitees, tradesmen, and others bound to or returning from any of the properties having a right to use the road.
A. 
Required information. Ten copies of the plan prepared by a registered land surveyor, civil engineer, or landscape architect in a scale of at least one inch equal 100 feet shall be submitted to the Township Clerk or designated agent. The plans shall include the following information:
(1) 
Identification and description.
(2) 
Proposed name of development.
(3) 
Parcel identification number and/or legal description.
(4) 
Names and addresses of proprietor, owner proprietor, and planner, design engineer, landscape architect or surveyor.
(5) 
Scale of drawing.
(6) 
Date of preparation.
(7) 
North arrow.
B. 
Existing conditions.
(1) 
A location map showing the general relationship of the proposed property division to the surrounding area within 1/2 mile, in a scale not less than one inch equals 2,000 feet.
(2) 
Proposed lines of division and dimensions.
(3) 
Zoning classification.
(4) 
Location of existing buildings and structures.
(5) 
Locations, widths, and names of existing or prior easements of record, public and/or private.
(6) 
Location of existing sanitary sewers, water mains, storm drains, and other underground facilities.
(7) 
Topography drawn at contour intervals of four feet.
(8) 
Location of significant natural features such as lakes, streams, wetlands, slopes over 20%, stands of trees, scenic views, and geologic features. Location of individual trees having a caliper of 12 inches or greater shall be indicated within the area of road construction.
C. 
Proposed conditions.
(1) 
Proposed easements for open space, pathways, utilities and other activities as may be reflected by the Township community infrastructure map.
(2) 
Layout of the private road, indicating easement width and connections to adjoining rights-of-way.
(3) 
Indication of possible future divisions. This is for information purposes only; approval of the plan does not give approval of future divisions.
(4) 
Locations of proposed homesites, including elevations and setbacks.
(5) 
Delineation of proposed road right-of-way of existing public road.
D. 
Grant of approval. Finding that all conditions of this Part 2 and other applicable ordinances have been met, the Planning Commission may grant preliminary concept approval.
Additional information to be submitted prior to final concept approval by the Planning Commission:
A. 
A copy of the drawing as prepared and approved by public utilities to be serviced. Easements shall be shown on both the plan and the survey.
B. 
Two copies each of the road maintenance agreement, easement agreement and deed restrictions.
C. 
Ten copies of the construction plans for the private road prepared by a civil engineer, shall be submitted to the Township for review and recommendations of the Township Engineer, Township planning consultant and Planning Commission.
(1) 
The plans shall include the following information:
(a) 
Cover sheet (approved overall development plan).
(b) 
Typical cross section and quantities.
(c) 
Paving and drainage plan (showing drainage for each structure) (one-inch-equals-one-hundred-feet scale).
(d) 
Sanitary sewer and water main plan (one-inch-equals-one-hundred-feet scale).
(e) 
Underground utilities plan (gas, electric and telephone) (one-inch-equals-one-hundred-feet scale).
(f) 
Street paving, drainage, sanitary sewer, water main, gas, telephone and electric layout plans in detail (plan one-inch-equals-fifty-feet scale) (profile one-inch-equals-five-feet scale).
(2) 
General information.
(a) 
Drawing on sheet size (24 inches by 36 inches plan and profile).
(b) 
North arrow.
(c) 
Seal of civil engineer.
(d) 
Title block.
(e) 
Contours (two-foot intervals).
(f) 
Topography (trees, etc.).
(g) 
Permanent B.M. elevations (USGS datum).
(h) 
Street names (approved by the County Road Commission).
(i) 
Lot layout (informational purposes).
(3) 
Roads.
(a) 
Proposed sixty-foot road right-of-way.
(b) 
Road alignment (survey data).
(c) 
Intersection alignment including sight distance for intersection of private and public roads.
(d) 
Method of constructing dead-end streets.
(e) 
Plan and profile elevations and grades.
(f) 
Vertical curves: length, elevations.
(g) 
Soil borings (500 feet maximum spacing and 10 feet minimum depth below proposed grade or existing ground whichever is deeper) to be shown on plan and profile sheets.
(h) 
Area to be cleared or disturbed during grading and installation of improvements. This area shall be shaded or cross hatched and divisioned in a manner that can be laid out in the field by the Township Engineer.
(i) 
Disposition of unsuitable materials removed for road construction.
(j) 
An approach permit from the County Road Commission shall be obtained.
(k) 
Location of the County Road Commission approved street name sign and stop sign.
(l) 
Other items as determined by the Planning Commission.
D. 
Should the Planning Commission find that all conditions have been satisfactorily met, it may recommend final concept approval to the Township Board. All information and recommendations from the Planning Commission will be forwarded to the Township Clerk for Township Board consideration.
A. 
After having received the Planning Commission's approval, the applicant may contact the Township Clerk to request Township Board concept review, which shall be scheduled no sooner than 20 days after the Planning Commission approval.
B. 
The applicant shall submit six sets of plans including construction plans to the Township Clerk at least 14 days prior to the meeting. These plans shall include all recommendations of the Planning Commission.
C. 
Final concept approval by the Township Board authorizes the applicant to commence road construction. Final concept approval expires in one calendar year if the applicant fails to obtain final approval. The one-year period may be extended if applied for by the applicant and granted by the Township Board in writing.
D. 
The Township Board shall have the final decision regarding application for private road land divisions. The Board may waive or revise any requirement of this Part 2 which in its judgment would cause unnecessary hardship to the applicant.
A. 
All necessary approvals and permits of the County Road Commission shall be obtained including approval of a street name.
B. 
The developer's design engineer will be required to furnish all necessary line and grade stakes and as-built plans of the completed work. The developer shall be responsible for obtaining, at his own expense, any material testing by an independent testing laboratory as required by the Township Engineer.
C. 
After the site has been staked, the developer shall provide the Township with a copy of the executed contract between the developer and the clearing and/or grading contractor and request a preconstruction meeting. The contract shall include insurance policies and certifications and/or bonds as required by the Township.
D. 
The preconstruction meeting shall be attended by the contractor, the Township Engineer, the developer's representative and the developer's engineer. The purpose of this meeting is to determine the contractor's work schedule and the methods and materials he intends to use in performing the work included in the contract for clearing and grading and to make sure that all parties are in agreement on the areas of the site that are to be preserved in their natural state.
E. 
Prior to the start of any clearing or grading, the developer shall deposit a cash bond or other bond assurances of performance, in the amount to be determined by the Township, to guarantee that the clearing and grading will conform with the approved plans.
F. 
All private roads shall be inspected by the Township Engineer during the construction of the road. A two-working-day notification shall be given to the Township Engineer's office before commencing construction of the road. The owner and/or contractor shall hold liability insurance for the road construction. Prior to granting final approval, the developer's engineer shall first certify that the road has been constructed in accordance with the as-built plans which shall be submitted at the completion of the job. (He should also submit test results for materials, compaction, etc.)
G. 
Any significant changes from the approved plans shall be noted in the cover letter, along with the reasons for the changes.
H. 
Upon receipt of acceptable as-built plans and verification of proper certification of construction, the Township Engineer may submit his recommendation to the Township to accept the road as completed.
I. 
If there is any deviation from the plans, the Township Engineer shall report the deviation and reason for same to the Township Clerk. The Township Engineer has the right to reject the work and issue stop-work orders if the contractor or contractor's equipment creates any unnecessary disturbance beyond the limits of the contract as shown on the approved plans and staked by the developer's engineer.
J. 
Signed contracts for all improvements shall be submitted to the Township Engineer, at least seven days prior to the start of construction.
K. 
The proprietor shall cause its contractor to furnish to the Township evidence of public liability and property damage insurance coverage with a responsible insurance company which meets the approval of the Township in such amounts as will be adequate to protect the public, the Township, individual members of the Township Board, Township employees and agents for the Township, and all parties of interest; and shall not be less than the limits set forth by resolution of the Township Board from time to time.
L. 
The proprietor shall obtain, or cause his contractor to obtain all permits, post all required bonds and pay all required fees for each and all departments having jurisdiction over the lands and rights-of-way involved in his project. Proper notification shall be given each governmental agency and utility company prior to beginning of construction. The Township shall require a minimum forty-eight-hour notice prior to commencement of any construction.
A. 
Plans will be reviewed and approved by the Township Engineer and two sets of plans stamped "For Construction" submitted for inspection purposes.
B. 
The contractor shall notify the Township Engineer two days prior to start of construction. Roads are to be staked and graded, including ditches, and cut sheets given to the inspector.
C. 
The construction will be spot checked each day. The contractor shall notify the Township Engineer's office at the start of the working day if no work is to be completed that day. If notification is not given, the Township inspector will check the site and time will be charged.
D. 
Spot inspection will consist of verifying cut and fill, ditch cross sections, soil erosion, seed and mulch, and other items related to the road construction.
E. 
Gravel placement can begin after subgrade has been proof rolled and is approved by the inspector.
F. 
Full-time inspection will be performed on continuous gravel operations. If placing of gravel is intermittent from day to day, spot inspection may be done and test holes dug every 100 feet to check depth of gravel.
G. 
Load tickets will be collected by the inspector and/or contractor for all loads of gravel placed. The gravel supplier shall submit a letter certifying the material conforms with the plan specifications. The material will also be sampled in the field and submitted to a testing laboratory for gradation analysis.
H. 
For final acceptance, a letter of certification shall be submitted by a registered professional engineer stating that the improvements have been completed in substantial conformance with the approved plans. Two sets of record drawings shall be submitted with the engineer's certification.
I. 
Full-time inspection will be performed on storm sewer construction.
[Amended 2-25-1997 by Ord. No. 53A]
A. 
Requirements for underground wiring. The applicant shall make arrangements for all lines for telephone, electric, television and other similar services distributed by wire or cable to be placed underground entirely throughout a private road land division area.
B. 
Sewage disposal. All sanitary systems shall meet minimum County Health Division requirements or better. Unless sewered, all parcels must be approved by the County Health Department for on-site septic systems.
C. 
Water supply. All water supply systems shall meet minimum County Health Division requirements or better. All divided parcels shall be served by a central water system for domestic use and fire protection. If it is demonstrated to the Township Board by detailed estimates and calculations prepared by a registered engineer that compliance with this provision would not be economically feasible, and would result in a taking of all use of the property proposed to be divided, and further demonstrated that there is no feasible alternative use of the property which would be economically feasible, the Township Board may fashion appropriate relief found to be the minimum required in order to allow use of the property which is economically feasible.
D. 
Storm drainage system.
(1) 
Storm drainage systems shall be installed based upon plans approved by the Township Engineer, designed to achieve a system of long-term drainage control and/or disposition in order to achieve standards of applicable Township ordinances and to insure against erosion and unreasonable on-site and off-site negative impacts of drainage pattern modification, taking into consideration both qualitative and quantitative impacts.
(2) 
Adequate and safe disposal of all rear yard storm drainage shall be provided in accordance with details and specifications prescribed by the Township Engineer.
(3) 
The private road land division shall be graded in such a manner as to control soil erosion and sedimentation, pursuant to the standards prescribed for soil erosion and sedimentation control, Part 91 of Public Act No. 451 of 1994 (MCLA § 324.9101 et seq.).
A. 
In order to request placement on the Township Board agenda for final approval, the applicant shall obtain and/or complete the following:
(1) 
Final inspection and approval of private road by the Township Engineer.
(2) 
Installation of street sign and traffic control devices.
(3) 
Installation of underground utilities.
B. 
The following information shall be submitted to the Township Clerk at least 14 days prior to the Board meeting.
(1) 
Eight copies of recorded land survey and legal descriptions showing easements for underground electrical and communication service lines, drainage, sanitary sewer, open space, pathways, scenic areas, private road and dedication of public road right-of-way.
(2) 
Two copies of recorded road maintenance agreement.
(3) 
Two copies of recorded deed restrictions and easements.
C. 
If there is compliance with this and other applicable Township ordinances, the Township Board may give final approval to the private road land division. Upon approval, the Township Clerk shall submit a copy of the recorded survey to the County Equalization Department to acquire Sidwell numbers for the new parcels. A copy of the plan shall also be submitted to the County Road Commission and appropriate Fire Departments.
No building or occupancy permits shall be issued by the Building Department for the use of any parcel of land which has resulted from a division or partition without the approvals required by this Part 2.
Fees to be charged pursuant to this Part 2 shall be as set, or from time to time amended, by a resolution of the Township Board.
The Zoning Board of Appeals shall have the power to authorize upon application in specific cases, a variance from the terms of this Part 2 contained in § 250-54, regarding design standards for private road land division. The consideration by the Zoning Board of Appeals shall be based upon the standards for consideration of a variance set forth in the Township Zoning Ordinance.
Any person, firm or corporation or anyone acting on behalf of said persons, person, firm or corporation, violating any of the provisions of this Part 2 shall, upon a determination of responsibility thereof, be subject to a civil fine as set forth in Chapter 1, Article I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, a Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this Part 2. Each day that a violation is permitted to exist shall constitute a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).