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:
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:
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.
