A. It is in the interest of the public health, safety and welfare that the Township regulate the design, construction, maintenance, improvement, extension and use of private roads and driveways.
B. Such regulation will help to assure that private roads and driveways are designed with sufficient width, surface and grade to ensure safe passage and maneuverability of private vehicles and Fire Department, law enforcement, ambulance and other safety and rescue vehicles; that private roads and driveways are constructed of suitable materials to minimize maintenance, to minimize soil erosion and avoid or prevent damage to lakes, streams, wetlands and the natural environment of the Township; to establish procedures and minimum provisions for the approval of private streets and driveways.

Defintions; exemptions

A. See § 450-28.02: Definitions for associated definitions.
B.  The private road requirements of this article shall not apply to internal roads or access routes that serve only one lot or parcel of land which has direct public or private street frontage and is under the control of one person or entity and which is developed for uses subject to site plan review under the terms of this chapter. Such internal roads or access routes shall not provide the principal means of access to any abutting lot or other parcel of land. Such roads or access routes satisfying the conditions of this subsection and which are exempted from the private road requirements of this article include those serving multifamily dwelling developments, nursing homes, manufactured housing communities and commercial developments.

Permits required.

A. The design, construction and use of a private road, including the extension, improvement or relocation of an existing private road, is subject to the issuance of a private road permit under the terms of this article.
B. The design, construction and use of a driveway of 75 feet or more in length or a shared driveway of 75 feet or more in length, including the extension, improvement or relocation of a driveway or a shared driveway, is subject to the issuance of a driveway or shared driveway permit by the Zoning Administrator, upon verification of compliance with the driveway or shared driveway requirements of § 450-28.11: Driveways and shared driveways.

See Permit Applications for more information.

Private road application.
An applicant for approval of a proposed private road shall submit to the Zoning Administrator a complete private road application, on a form provided by the Township, and which shall include at least the following:

A. The names and addresses of the owners and other parties having an interest in the private road, the property within which it is to be constructed, and the lots and parcels to be served by the private road.
B. The legal descriptions, addresses, if known, and the permanent parcel numbers of all lots and parcels to be served by the private road.
C. A site plan, drawn to a scale not less than one inch equals 200 feet, prepared by a registered engineer or registered land surveyor, showing at least the following:

(1) The location, route, elevations, design and dimensions of the private road and the private road easement, in compliance with the requirements of this article.
(2) The location, route, elevations, design and dimensions of the private road extension, together with the same information as to the existing private road, if the application is for an extension of an existing private road.
(3) The lots or other parcels of land to be served by the private road and by any future extensions of the private road, including all dimensions thereof.
(4) The location(s) at which the private road is proposed to intersect with a public street or another private road.
(5) The location of all public utilities, including but not limited to water, sewer, telephone, gas, electricity and television cable to be located inside the private road easement or within 20 feet of the easement.
(6) The location of any lakes, streams and drains within the proposed private road easement or within 100 feet of the easement.
(7) The locations of all principal buildings and principal structures currently located on the lots or other parcels of land to be served by the private road.
(8) A detailed cross section of the private road, in compliance with the private road construction requirements of this article.

D. The recordable instrument establishing and describing the easement for the proposed private road, in compliance with the terms of this chapter.
E. The recordable private road maintenance agreement or comparable restrictive covenant, in compliance with the terms of this chapter.
F. A soil erosion and sedimentation control permit, as issued by the County Road Commission or other agency having jurisdiction, if applicable.
G. A permit or written preliminary approval issued by the County Road Commission and/or, if applicable, the Michigan Department of Transportation, approving the location of the private road intersection with the public street.
H. The application fee and the required amount of a zoning escrow deposit.
I. The name and address of the applicant's private road contractor and a written summary of the contractor's experience in road construction.
J. All other matters and information required by the terms of this article and other applicable provisions of this chapter.

See Forms and Applications for more information.
See Private Road Application for more information.

Review and approval procedures.

A. An application for a private road shall be subject to the review and approval of the Zoning Administrator, except that an application for a private road which is part of a planned unit development, condominium or site condominium, or platted subdivision shall be subject to the review and approval of the Planning Commission and Township Board, in accordance with the procedures and requirements of this chapter or other applicable ordinances for the approval of such developments or land divisions.
B. The Zoning Administrator shall review the application and other materials to verify compliance with the requirements of this article.
C. The Zoning Administrator, if necessary, in concert with the Township Engineer, shall assist the applicant in the placement of the private road in order to minimize tree removal and alteration of the natural terrain; to avoid wetlands or areas of poor drainage as well as steep slopes; and to ensure private road and parcel design in accordance with the character of the land and the design requirements of this article.
D. If the Zoning Administrator determines that the application and other required submittals comply with the requirements of this article, the Administrator shall approve the application and issue a preliminary private road permit. The permit shall consist of a stamp noting the Administrator's approval and containing the Administrator's signature and the date of approval. The permit shall authorize construction of the private road in accordance with the requirements of this article.
E. If the Zoning Administrator denies the application, the reasons for denial shall be provided to the applicant, in writing. The applicant may appeal the Administrator's denial to the Planning Commission. The appeal shall be heard by the Planning Commission at a public meeting, after written notice to the applicant. After hearing the appeal, the Planning Commission shall affirm the denial, shall reverse the denial or shall affirm the denial with conditions.
F. The preliminary private road permit shall be valid for a period of one year from the date of approval. If the applicant has not requested inspection of the constructed private road within such one-year period, the permit shall expire, and the applicant shall apply for a new permit before construction commences or resumes.
G. During the construction of the private road, the Zoning Administrator or the Township Engineer shall conduct periodic inspections to verify that construction is occurring in accordance with the requirements of this article.
H. Upon completion of construction of the private road, the applicant shall notify the Zoning Administrator, who shall then inspect the private road, or such inspection shall be carried out by the Township Engineer. If the Administrator then approves the private road, the Administrator shall issue a final private road permit, which shall authorize the use of the private road; after issuance of the permit, building permits for buildings to be served by the private road may be issued if applicable building code requirements have been satisfied. If the private road is not approved as constructed, the Zoning Administrator shall prepare and provide to the applicant a written statement of the deficiencies in the private road and the reasons for denial of the permit. Thereafter, a final private road permit shall not be issued until the deficiencies have been corrected and a final inspection has been conducted. If a final private road permit is denied, the applicant may appeal the denial to the Planning Commission. The Commission shall consider the denial at a public meeting, after written notice to the applicant, and the Commission shall then affirm the denial, reverse the denial or affirm the denial with conditions.

(1) Prior to final inspection of a private road, the applicant shall provide the Zoning Administrator with a set of as-built drawings of the private road, in paper and electronic format, bearing a statement from the registered engineer or registered land surveyor who prepared the private road site plan, to the effect that the private road has been completed in accordance with the requirements of this article.
(2) Prior to the issuance of a final private road permit, the applicant shall remove from the private road easement and properly dispose of all debris resulting from the construction of the private road.

Planned unit developments.
If the private road is part of a planned unit development (PUD) or a special land use, the private road standards contained herein may be modified by the Planning Commission and approved by the Township Board, if the modifications are necessary to achieve the intent and purposes of the PUD regulations or the special land use provisions.

Private road maintenance agreement.

A. The applicant shall obtain and provide the Zoning Administrator with a signed, recordable private road maintenance agreement, restrictive covenant or similar recordable legal instrument satisfactory to the Township between the owner(s) of the private road and all other parties having an interest therein.
B. The private road maintenance agreement shall include at least the following:

(1) Provisions that assure the private road will be maintained, repaired, and snowplowed for the full length and width of the roadway, in accordance with the requirements of this article and in a manner to assure the private road is safe for travel at all times.
(2) Provisions that assure the cost of maintenance will be paid for in an equitable manner, among all parties in interest or in other equitable manner.
(3) A legal description of the private road easement and a legal description of the individual properties to be accessed by the private road as of the date of recording.
(4) Provisions whereby the parties signing the agreement, including all owners of the private road easement, shall indemnify the Township and hold it harmless from any and all claims for personal injury and/or property damage arising out of or in any way relating to the failure to properly construct, maintain, repair and replace the private road.
(5) If the private road is included in a planned unit development, a condominium or a site condominium, the required contents of a private road maintenance agreement may instead be included in the applicable instruments whereby the planned unit development, the condominium or the site condominium is established and approved. If the private road is included in a platted subdivision, the required contents of the maintenance agreement may be included in restrictive covenants recorded with respect to the platted subdivision, subject to the approval of the Zoning Administrator.

Permits for buildings on private roads.
A building permit shall not be issued for any principal building, dwelling or principal structure located on a lot or other parcel of land, the access to which is by means of a private road, until the Zoning Administrator has issued a final private road permit, except as follows:

A. Upon written request of the applicant, and if the private road construction has progressed sufficiently in the opinion of the Zoning Administrator to provide safe access to the lots or other parcels for which building permits are desired, the Zoning Administrator may accept 1) a cash deposit under the terms of an acceptable escrow agreement, or 2) a satisfactory letter of credit from the applicant for the private road or the applicant for the building permit. The letter of credit or the amount of the cash deposit under the escrow agreement shall be in such amount as determined by the Zoning Administrator as sufficient to ensure the completion of construction of the private road in accordance with the requirements of this article within one year from the issuance of the building permit. Other terms and conditions of the cash deposit escrow agreement or the letter of credit shall be subject to Zoning Administrator approval.
B. A certificate of occupancy shall not be issued for any principal building, dwelling or other principal structure located on a lot or other parcel, access to which is by means of the private road, until the Zoning Administrator has issued the final private road permit.

See Permit Applications for more information.

Existing private roads.
Changes in existing private roads, including extensions thereof, construction of new buildings, division of lots and other changes shall be permitted only as follows:

A. Existing lots. Notwithstanding other provisions of this chapter, a principal or accessory building or structure may be erected upon an existing lot or parcel which is accessed from an existing private road if:

(1) The land upon which the building is to be erected constitutes a lot of record as of April 10, 2000.
(2) The private road providing access to the lot is graded and maintained, has a sufficient surface, and affords a means for crossing streams or similar features, so that the route from the public road to the lot is passable by emergency vehicles on a year-round basis. This is an additional regulation upon use of existing nonconforming lots of record.

B. New lots. Notwithstanding the other provisions of this chapter, if a building or structure is proposed to be erected upon a lot which does not constitute an existing lot of record as of April 10, 2000, and an existing private road is used to provide access to such lot, then a building or structure and permitted accessory buildings and structures may be erected if the private road is brought into compliance with the standards in this article for new private roads, based upon the total number of lots to be provided access by the private road, with the following exceptions:

(1) Any improvement of the existing private road shall be required only along the direct travel route from the public road to the driveway of the lot on which the building is to be located.
(2) Review and approval shall be by the Zoning Administrator, who may, in the exercise of reasonable discretion, waive application requirements that are not necessary to review compliance with this chapter.
(3) If the legal rights of third parties prevent compliance with the minimum standards for right-of-way width for new private roads, then the minimum required right-of-way width may be reduced to the minimum extent necessary, but to not less than 30 feet.

(4) Requirements for minimum distance between intersections of public and private road rights-of-way, required setbacks from streams, drainagecourses, or other bodies of water, and limitations on construction in areas of slopes greater than 20% shall not apply; provided, however, that portions of a private road within 25 feet of a watercourse need not be paved, widened, or otherwise improved if the Zoning Administrator determines that improvements to such section of the road, or construction to make such improvements, would be detrimental to the watercourse.
(5) The requirement for a road maintenance agreement shall be waived if the owners of the properties abutting the road refuse to agree upon a road maintenance agreement. In that case, the property owner shall execute and the Township shall record against the property for which the new building is proposed a restrictive covenant that the owner of the property shall ensure that the private road shall be maintained, repaired, and snowplowed so as to ensure that it is safe for travel at all times and provides sufficient access to emergency vehicles along the direct travel route from the public street to the driveway of the lot on which the building is to be located. Such covenant will not relieve other parties who utilize the private road from the responsibilities under Subsection A of this section, nor shall it modify rights and obligations for maintenance of the road among private parties which exist by law or agreement.

C. Extensions limited. A private road which does not comply with the requirements of this article shall not be extended in length, nor shall any new private road be constructed which intersects with such noncompliant private road, unless the entire length of the private road is brought into compliance with the requirements of this article for new private roads, based upon the total number of lots or other parcels to be provided access by the private road, with the following exceptions:

(1) Physical improvement of the private road shall not be required for dead-end and/or cul-de-sac branches of a private road system which are not located on any route from the public street to the private road extension.
(2) The exceptions stated in Subsection B(3), (4) and (5) above shall apply only with respect to the existing portion of the private road.