Ordinance
40-B
TOWNSHIP
OF SPRING ARBOR
PRIVATE ROAD ORDINANCE
AN ORDINANCE UNDER THE PROVISIONS OF PUBLIC ACT 246 OF 1945 AS AMENDED
TO REGULATE THE CONSTRUCTION, MAINTENANCE AND USE OF PRIVATE ROADS
WITHIN SPRING ARBOR TOWNSHIP, THE USE THEREOF BY TRAFFIC, THE PARKING
OF VEHICLES THEREON, THE ADMINISTRATION AND ENFORCEMENT THEREOF,
FEES TO DEFRAY THE ADMINISTRATIVE AND ENFORCEMENT COSTS INCIDENT
THERETO, AND TO INSURE THAT RESIDENCES AND BUILDINGS WITHIN THE
TOWNSHIP OF SPRING ARBOR MAY BE ACCESSIBLE TO POLICE AND FIRE PROTECTION,
AND FOR OTHER PURPOSES AS FOLLOWS
ORDINANCE NO. 40-B
At a regular meeting of the Township Board held in the Township
Hall on the 9th day of October 1990, at 7; 30 p.m., Eastern Daylight
Time, the following Ordinance was heard and passed:
THE TOWNSHIP OF SPRING ARBOR ORDAINS AS FOLLOWS:
SECTION 1. INTENT
Unobstructed, safe, and continuous access to lots is necessary to
promote and protect the health; safety and welfare of the public
through police and fire protection, and ambulance service. Such
access is necessary to insure that such services can safely and
quickly enter and exit private property at all times. Access to
the interior of certain sections within Spring Arbor Township should
meet minimum standards and specifications to permit the subsequent
upgrading and dedication of such access rights of way to the Jackson
County Board of Commissioners or other municipal corporations, when
public dedication is desirable or required. The procedures, standards
and specifications hereinafter set forth are determined to be the
minimum procedures, standards and specifications necessary to meet
the intention of this Ordinance.
SECTION 2. DEFINITIONS
2.1 Building - an enclosed structure used or intended for use for
the housing, enclosure or shelter of people, animals or chattels.
2.2 County Road Commission - The Road Commission of Jackson County,
Michigan.
2.3 Lot - a parcel of land; real estate.
2.4 Permit - a right of way permit issued pursuant to this Ordinance.
2.5 Private Road - a route which provides vehicular access to a
lot or lots and which has not been dedicated to public use.
2.6 Township Board - The Board of Spring Arbor Township.
2.7 Township Clerk - The Clerk of Spring Arbor Township.
2.8 Township Engineer - An engineer appointed by the Township Board
to the position of Township Engineer or any other person authorized
by the Township Board to perform the duties of Township Engineer
as set forth in this Ordinance.
SECTION 3. GENERAL ACCESS AND PERMIT REQUIREMENTS
Unless expressly exempt from the provisions of this Ordinance pursuant
to Section 4:
3.1 Every lot in Spring Arbor Township that is improved
with a building shall:
a. either abut a road dedicated to the public or a private road
which meets the requirements of this Ordinance; and
b. have access for ingress and egress for all vehicular traffic
including fire, police and ambulance services and vehicles by means
of such public or private road.
3.2 No lot shall be improved with a building subsequent to the date
of adoption of this Ordinance, unless a permit in accordance with
this Ordinance has been issued.
3.3 No person shall construct, alter, or extend a private road without
compliance with this Ordinance and obtaining a permit as hereinafter
provided.
3.4 All lots which have been improved with a building prior to the
date of adoption of this Ordinance shall comply with the provisions
of this Ordinance, if the Township Board, by resolution, determines
that such compliance is necessary to protect and promote the public
health, safety and welfare in accordance with the purposes set forth
in Section 1 herein.
SECTION 4. PARCELS OF LAND EXCEPTED FROM ROAD ORDINANCE
The provisions of this Ordinance, except this Section and Section
5.2 herein, shall not apply where no more than two lots or parcels
of real estate which are used for no more than two single-family
dwelling units, do not adjoin a public road, provided:
4.1 Said lots share a right of way for ingress and egress to a public
road;
4.2 The right of way provides a safe means of access being at least
12 foot in width for ingress and egress for emergency fire and police
vehicles from the public road to the single-family dwelling units;
4.3 The lots or parcels of real estate are located no greater distance
than 500 feet from the center line of said public street; and
4.4 The right of way is recorded in the office of the Register of
Deeds of Jackson County.
SECTION 5. APPLICATION FOR PERMIT; REQUIREMENTS
Applications for permits shall be delivered to the Township Zoning
Administrator and filed with the Clerk and shall consist of the
following information:
5.1 For a lot not covered by Section 4 herein, the application shall
contain the following information:
a. A legal description of each lot to be served-by the right of
way, a legal description of the right of way, the names and addresses
of all persons or parties owning an interest in the title to the
lots and right of way area.
b. A survey drawing showing the outline of the proposed right of
way and the dimensions and bearings thereof; existing topographic
contours at two foot intervals of the right of way area and all
adjacent land within ten feet thereof, or within such greater area
as may be necessary to determine whether drainage methods will be
adequate; soil characteristics and wet areas; trees; streams and
all bodies of water within ten feet from the right of way area,
or within such greater area as may be necessary to determine whether
drainage methods will be adequate; existing buildings within fifty
feet of the proposed right of way; the proposed right of way in
relation to the nearest property lines; and the location of all
proposed improvements in the right of way area. The survey drawing
shall be prepared by a Registered Land Surveyor or Civil Engineer,
registered in the State of Michigan, and shall bear the seal of
the same.
c. Plan and profile drawing and cross sections of the proposed improvements
showing clearly all materials, grades, and dimensions, prepared
by a Civil Engineer registered in the State of Michigan, and bearing
the seal of the same.
d. A complete statement of all the terms and conditions of the proposed
right of way including copies of all agreements or intended agreements
regarding the maintenance and improvements of the right of way and
roadway.
e. A fee as established by resolution of the Township Board to defray
the costs of inspections, plan review, administration, and enforcement
of this Ordinance.
f. The application shall be signed by the applicant or agent thereof,
in which case it shall be accompanied by a duly executed and notarized
Power of Attorney, and shall represent that the applicant is making
the application on behalf of all persons having an interest in the
right of way or the abutting lots and shall be made under penalties
of perjury.
5.2 For a lot subject to Section 4 herein, the owner of the lot
shall apply to the Township Zoning Administrator for a permit. The
applicant shall furnish the Zoning Administrator a surveyor sketch
of the property showing its boundaries, the location of all existing
improvements and the location of future building, the relationships
of the lot to any public or private right of way or roads, and a
copy of the recorded right of way. The dimensions and location of
the right of way shall be specifically shown on the sketch or survey.
The applicant shall also pay to the Township a fee for application
for said permit as established by resolution of the Spring Arbor
Township Board. The Zoning Administrator shall transmit the application,
including all drawings, to the Township Engineer and the Jackson
County Road Commission for review and recommendation. The Zoning
Administrator shall review the Township Engineer's and the Jackson
County Road Commission's report and shall issue the permit if the
applicant has provided the information required herein and paid
the required fee, and if the Township Engineer and the Jackson County
Road Commission have reported that the application meets the criteria
of Section 4 herein. The report shall be affixed to a copy of the
sketch or survey submitted by the applicant. After issuance of a
permit and compliance with Section 8 herein, a certificate of completion
shall be issued.
SECTION 6. PERMIT APPROVAL PROCEDURE
6.1 Upon receipt of an application, the Township Clerk shall bring
the application before the Township Board at its next regular meeting.
The Board may, in its discretion, refer the application to the Township
Planning Commission or other appropriate body for review and comment.
6.2 The Township Engineer shall report in writing to the Board as
to whether or not the proposed right of way and road way conform
to the standards and specifications of this Ordinance. Said report
may include any suggested conditions to be attached to the permit
which, in the Township Engineer's judgment, are necessary to achieve
the intent of this Ordinance.
6.3 The Township Board shall consider the application, the Township
Engineer's report and all other relevant information in determining
whether to grant the permit application. If the information submitted
by the applicant does not establish that the proposed right of way
and road way will conform to the standards and specifications of
this Ordinance, the Township Board shall not grant the permit. The
Township Board shall impose such conditions on the approval of the
permit as it deems necessary to achieve the intent and objectives
of this Ordinance, which may include, but need not be limited to,
conditions suggested by the Township Engineer. The breach of any
such condition proposed by the Township Board shall automatically
invalidate the permit.
6.4 As a condition to the granting of any permit under this Ordinance,
the Township Board shall require that the applicant deposit with
the Township Clerk a sum of money, bank letter of credit or certified
check, in an amount sufficient to guarantee that the applicant shall
perform the terms and conditions of the permit, including the payment
of required fees. Upon issuance of certificate of completion under
Section 8 of this Ordinance, any unused portion of the deposit shall
be refunded to the applicant.
6.5 Upon receipt of the required deposit and predetermined fees
and approval of the applicant by the Township Board, the Township
Zoning Administrator shall issue the permit pursuant to the terms
established by the Township Board Resolution approving the application.
6.6 Only the Township Board shall have the authority to approve
or deny the applications for permits. No other permit issued by
any Township official or other governmental body or official shall
be a substitute for a permit.
SECTION 7. SPECIFICATIONS FOR RIGHTS OF WAY AND ROADWAYS
Each right of way and its roadway shall conform to the following
specifications:
7.1 Private roads shall be divided into two classes as follows:
a. Class A private roads shall be any private road that meets one
or more of the following criteria:
i. Serves six or more single-family residential lots, or has a
reasonably foreseeable potential to be extended in the future
to serve a total of six or more single-family residential lots.
ii. Connects with, or has a reasonably foreseeable potential to
be extended at a future time to connect with a public or private
road.'
iii. Has a reasonable probability of dedication as a public road.
iv. Has a length of more than 500 feet, measured on the roadway
centerline of the public road to the centerline of the other intersecting
road, or the center of the turnaround.
v. Serves one or more non-residential uses, not including farm
uses and buildings.
b.
All other private roads, except those exempted under Section 4 herein
shall be Class B private roads.
7.2 All Class A and Class B private roads shall meet the following
minimum requirements and specifications:
a. The roadway surface and turnaround area shall be centered in
the right of way.
b. The connection between the right of way and the public road shall
conform to the standards and specifications of the County Road Commission.
The applicant shall obtain a road permit issued by the Road Commission
prior to approval of any right of way by the Township Board.
c. Underground crossroad drainage shall be provided where the proposed
right of way crosses a stream or other drainage course. Necessary
culverts and treatments shall be provided in accordance with the
specifications of the Jackson County Road Commission.
d. The right of way and roadway shall be adequately drained so as
to prevent flooding or erosion of the roadway. Ditches shall be
located within the right of way. Roadway drainage shall be constructed
so that the runoff water shall be conveyed to existing water courses
or water bodies. The discharged water shall not be cast upon the
land of another property owner unless the water is following an
established water course. Connection to County drains shall be approved
by the Jackson County Drain Commissioner prior to the issuance of
a permit. Connection to roadside ditches within public road rights
of way shall be approved by the County Road Commission prior to
the issuance of a permit.
e. Road signs shall be erected and maintained in accordance with
the Michigan Manual of Uniform Traffic Control Devices.
f. The right of way shall provide for ingress, egress, drainage,
and installation and maintenance of public and private utilities.
7.3 Class A and Class B private roads shall also meet their respective
minimum requirements and specifications as set forth in Table 1
herein.
SECTION 8. INSPECTION
All required improvements shall be inspected by the Township and
Road Commission Engineer at various stages of construction. The
Township Engineer and the Jackson County Road Commission shall make
a final inspection upon completion of construction and shall report
the results of the final inspection to the Township Board in writing.
The applicant's engineer shall certify to the Township Engineer,
before the final inspection and report thereon are made, that the
required improvements were made in accordance with this Ordinance
and all approved plans. A letter of completion by the Township Engineer
shall be delivered to the Township Clerk and the applicant. The
costs of inspection, including compensation of the Township Engineer,
shall be paid by the applicant prior to the issuance of the certificate
of completion. The Township Board shall establish and determine
the costs of inspection. If the applicant does not directly pay
the costs of inspection, the same shall be paid from the deposit
established by the Township Board and held by the Township Clerk,
and the balance, if any, shall be returned to the applicant.
SECTION 9. EXPIRATION OF APPROVAL OF PERMITS
A permit shall be valid for a period of one year from the date of
issuance, or such longer period as determined by the Township Board.
If the required improvements have not been completed upon the expiration
of the one year or the longer period of time, then the permit shall
be void and of no force and effect and all deposits shall be forfeited
to Spring Arbor Township.
SECTION 10. RECORDING OF RIGHTS OF WAY
The right of way, including all agreements as identified in Section
5.1 (d) herein shall be recorded in the Office of the Register of
Deeds for Jackson County prior to the issuance of the certificate
of completion required in Section 8 herein.
SECTION 11. BUILDING PERMITS
No building permit shall be issued for any lot subject to the provisions
of this Ordinance unless a permit has been issued by the Township
Board.
SECTION 12. CERTIFICATES OF OCCUPANCY
No certificate of occupancy shall be issued for any building on
a lot subject to the provisions of this Ordinance unless a certificate
of completion has been received by the Township Clerk as provided
in Section 8 herein. A certificate of occupancy may be issued prior
to the issuance of a certificate of completion upon recommendation
by the Township Engineer and upon deposit with the Township Clerk
of a sum of money, certified check or bank letter of credit in an
amount sufficient to guarantee completion of the remaining required
improvements.
SECTION 13. VARIANCES
When there are practical differences or unnecessary hardships in
the way of carrying out the strict letter of this Ordinance such
as topographical and other physical characteristics of a parcel,
the Township Board shall have the power to vary or modify the application
of the provisions of this Ordinance so that the intent and purpose
of the Ordinance shall be observed, public safety secured and substantial
justice done. Any applicant may apply for a variance from any provision
of the Ordinance by filing an application for variance with the
Township. The Township shall hold a public hearing upon such application
within forty-five (45) days from its filing. The Township Clerk
shall give notice of the hearing to the owners of all property abutting
and/or having access for ingress and egress of traffic by means
of the private road described in the variance application, as well
as law enforcement officials, fire officials, and ambulance companies
known by the Clerk to serve such property. The notice shall be mailed
to each party and published in a newspaper of general circulation
in the Township not later than seven (7) days prior to the hearing.
Any party may appear and comment at the hearing in person or by
agent or by attorney. The Township shall keep a record of said hearing
and shall render a written decision not later than the next regular
Township Board meeting after the hearing date. The Township Board
may attach reasonable conditions in granting any variance from any
provision of the Ordinance, and the breach of any conditions or
the failure of any application to comply with' the conditions shall
void the variance. This provision of the 6rdinance is intended,
in part, to enable variances to be granted and conditions attached
to the variances to facilitate the upgrading of prior nonconforming
rights of way and private roads to the standards of the Ordinance,
in a reasonably practical manner, including, but not limited to
such rights of way and private roads as have been established, recorded,
constructed, or maintained prior to the date of adoption of this
Ordinance, which cannot be brought into conformity with the Ordinance
without unnecessary hardship or practical difficulty due to soil
conditions, topographical considerations, or other factors.
SECTION 14. VIOLATIONS
Any person who violates any provision of this Ordinance shall be
guilty of a misdemeanor and shall be subject to a fine not exceeding
Five Hundred ($500.00) Dollars or by imprisonment in the County
jail not to exceed ninety (90) days, or by both such fine and imprisonment.
Any access which is used in violation of the terms of this Ordinance
is hereby declared to be a nuisance per se, and such use may be
abated, restrained, enjoined, and prohibited upon the commencement
of an appropriate action in the Circuit Court.
SECTION 15. SEVERABILITY
Should the Courts declare any provision or Section of this Ordinance
unconstitutional or invalid, then such decision shall affect only
the Section or provision so passed upon, and shall not affect any
other Section or part of this Ordinance.
SECTION 16. EFFECTIVE DATE
This Ordinance shall be published in the manner provided by law
and shall take effect and be in full force from and after thirty
(30) days after publication.
SECTION 17. CONFLICTING ORDINANCES
Any ordinance or part thereof that is in conflict with this Ordinance
is hereby superseded by this Ordinance and said Ordinance or part
thereof that conflicts with this Ordinance is hereby repealed. The
provisions of this Ordinance take precedence over any conflicting
Ordinance or part thereof.
Byron F. Gallagher, Estella Beardslee, Joan M. Myers, MEMBERS PRESENT:
Mars ton Fortress, Troy Ganton, and James C. Videto
MEMBERS ABSENT: Willis C. Williams
AYES : Gallagher, Myers, Fortress, Canton, Videto
NAYS : Beardslee
Adopted : October 9, 1990
Effective: November 17, 1990
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