Streets, Sidewalks and Other Public Places

Chapter 15 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*

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*Cross reference(s)--Buildings and building regulations, ch. 4; cable communications, ch. 5; subdivision regulations, ch. 16; traffic and motor vehicles, ch. 17; zoning, ch. 19.

State law reference(s)--Power to establish, control and regulate streets, alleys, public places, MCL 42.16, MSA 5.46(16).

 

ARTICLE I. IN GENERAL
Sec. 15-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant shall mean a natural person, firm, association, partnership, corporation or any combination thereof, which may hold any ownership interest in land, whether recorded or not, petitioning for approval to divide or partition land or for the installation of a private road, pursuant to the terms of this chapter.
Driveway shall mean any area of land used for ingress or egress to serve no more than one parcel of land.
Land shall mean the surface area known as real estate.
Land board shall mean a board composed of the duly elected township supervisor, the township clerk and the township treasurer. In the event that one of the above mentioned officials should for some reason become unable to function as a land board member, the township supervisor with the advice and consent of the township board, shall appoint a temporary replacement for such officer, the replacement to serve only until such time as the incapacitated official resumes responsibility or the vacancy in his office is filled. Such temporary replacement on the land board is to be chosen from the remaining members of the township board.
Land division shall mean the dividing, splitting, partitioning or separating a parcel or tract of land, lot or outlot, into two or more parts provided the division is not pursuant to platting procedures of the laws of the state.
Lot or outlot shall mean a measured portion of a parcel or tract of land, which is legally described and fixed in a plat.
Parcel or tract shall mean a continuous area of land under the ownership of the same person.
Plat shall mean a map or chart of a recorded subdivision of land.
Private road shall mean an area of land used for ingress and egress to serve more than one parcel of property.
Public road shall mean an open way for passage or travel under public ownership and/or maintenance.
(Ord. No. 141, § A, 3-24-82)
Cross references: Definitions and rules of construction generally, § 1-2.
Secs. 15-2--15-25. Reserved.
ARTICLE II. ROADS*
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*Editor's note: Ord. No. 154A, § 2, adopted Dec. 19, 2001, changed the title of Art. II from "Private Roads" to "Roads".
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Sec. 15-26. Road frontage required for lots.
It shall be unlawful for any person to sell, divide, or partition any lot, outlot or other parcel of land, unless such lot, outlot, or parcel of land fronts its full width on a dedicated street or public road or on a private road that has been improved to the standards of this article, except where such parcel becomes part of an adjacent parcel complying with the provisions of this article.
(Ord. No. 154, § 9.2(1), 7-17-91; Ord. No. 141A, § 1, 8-23-00; Ord. No. 154B, § 1, 12-19-01)
Sec. 15-27. Roads in subdivisions, condominium projects.
All roads located within a subdivision plat or site condominium project shall be constructed in accordance with the standards and specifications of the county road commission for subdivisions comparable in use, frontage, etc., to the condominium project. The township planning commission may recommend to the township board that a waiver of frontage or curb and gutter requirements be granted, and the township board may grant such waivers, when topographical features, density and other factors indicate that such would be in keeping with the intent of this article and the character of the community.
(Ord. No. 154, § 9.1(1), 7-17-91)
Sec. 15-28. Right-of-way permit.
No private road shall be constructed unless and until a private road permit is obtained by the applicant from the township. Prior to a road permit being granted to an applicant by the township, a right-of-way permit shall be obtained from the county road commission by the applicant for any private road which intersects a public road. Any driveway which intersects a public road shall require a right-of-way permit granted by county road commission to the applicant before a building permit shall be granted.
(Ord. No. 154, § 9.2(2), 7-17-91)
Sec. 15-29. Compliance required; withholding of building permit.
No building permit shall be issued by the township for property fronting on any private road until the provisions of this article have been complied with and the private road installation has been inspected and approved by the township and the right-of-way approach and road name, if required, have been approved by the county road commission. The township board may waive this requirement, if, in its opinion, adequate security is given for completion of the private road.
(Ord. No. 154, § 9.2(17), 7-17-91)
Sec. 15-30. Easements.
(a) All private road easements after July 17, 1991 shall be a minimum of 60 feet in width and shall be dedicated with the legal description recorded with the county register of deeds prior to final township approval. Dedication shall be for the use of the private property owners for ingress and egress along with ingress and egress for all public and emergency vehicles for whatever public services are necessary, and for installation, construction and operation of all public utilities, including but not limited to natural gas, electricity, telephone and cable television. On any instrument conveying an interest in any property abutting a private road, a complete legal description of the private road easement shall be incorporated therein, along with a separate notice attached showing that the private road is not required to be maintained by the county road commission.
(b) When establishing private road easements, the minimum area requirements of chapter 19 shall be provided on both sides of the proposed private road easement for each land subdivision.
(Ord. No. 154, § 9.2(3), 7-17-91)
Sec. 15-31. Road names and property addresses.
(a) Road names shall not be permitted which might cause confusion with names of existing roads in or near the township. Roads that will be continuations of existing roads shall be called by the same name as that of the existing road. All proposed names shall be submitted to the township supervisor who, after consultation with the local postmaster and the county road commission concerning all private roads intersecting with county roads, shall approve or disapprove such name. Road signs shall be required at each road intersection, such signs to meet the specifications of the county road commission. Costs for all road signs and for any and all traffic signs required by the township, county or state shall be borne by the developer prior to final approval. Additional signs required after final approval shall be borne by the property owners of the parcels to be served by the private road.
(b) Each preexisting or subsequent building, dwelling or structure established along a travel lane serving a path of shared access to more than one parcel or lot shall be identified by an address having a common road name. In addition, each road name and related property address shall be posted by means of a road sign placed within the public right-of-way at each point of its intersection with an intersecting public road.
(Ord. No. 154, § 9.2(4), 7-17-91; Ord. No. 154A, § 3, 12-19-01)
Sec. 15-32. Profile.
Private road improvements shall be shown in plan and profile. The profile shall indicate the existing ground at least at the centerline and 30 feet on either side and the proposed road at the centerline. The plans shall also show all existing and proposed grades, the location of all existing and proposed drainage facilities and structures, and any other structures or physical conditions existing adjacent to the subject private road.
(Ord. No. 154, § 9.2(5), 7-17-91)
Sec. 15-33. Layout.
The layout of the proposed private roads shall conform to a general plan for the neighborhood approved by the township planning commission. Due consideration shall be given to traffic safety. Minor private roads shall be laid out as to discourage use by through traffic. Due consideration shall also be given to the attractiveness of the road layout in order to obtain the maximum livability and amenity of the neighborhood.
(Ord. No. 154, § 9.2(6), 7-17-91)
Sec. 15-34. Intersections.
The intersection of private roads shall be as near perpendicular (90 degrees) as practical. A ten-degree tolerance will be allowed. A minimum radius return of 20 feet will be required at all intersections of the edges of the road surfaces.
(Ord. No. 154, § 9.2(7), 7-17-91)
Sec. 15-35. Grade.
(a) Maximum grade shall be eight percent. Vertical curves shall be used at all changes in grade.
(b) The grade of the private road shall not exceed 1.5 percent for a distance of 25 feet minimum from the edge of the county right-of-way.
(Ord. No. 154, § 9.2(8), (9), 7-17-91)
Sec. 15-36. Sight distances.
Sight distances on horizontal or vertical curves and at intersecting private roads shall be a minimum of 200 feet. Sight distance for intersecting private roads shall be measured ten feet from the edge of the travelled portion of the road and from an eye height of 3.5 feet to an object height of 3.5 feet.
(Ord. No. 154, § 9.2(10), 7-17-91)
Sec. 15-37. Drainage ditches.
Drainage ditches shall be provided if, in the opinion of the township engineer, the topography of the area requires same for adequate drainage.
(Ord. No. 154, § 9.2(11), 7-17-91)
Sec. 15-38. Removal of surface materials.
Surface materials shall be removed and excavated for a distance of 30 feet in width centered on the 60-foot right-of-way for the full length of the private road. All trees, stumps, brush and roots thereof shall be entirely removed from within the grading limits and shall be disposed of outside the 60-foot easement area.
(Ord. No. 154, § 9.2(12), 7-17-91)
Sec. 15-39. Gravel surfaced roads.
Gravel surfaced roads will only be permitted for single-family residential private roads. They shall consist of eight inches of aggregate base, 30 feet wide centered on a minimum of six inches of compacted MDOT 8.02.05 Class III granular material having a maximum stone size of 1 1/2 inches. If the existing material meets MDOT 8.02.05 Class III Granular Material Specifications, it may be left in place provided stones larger than 1 1/2 inches are removed. The eight inches of aggregate surface shall be constructed of MDOT 22A aggregate placed in accordance with Specification 3.08.
(Ord. No. 154, § 9.2(13), 7-17-91)
Sec. 15-40. Specifications for nonsingle-family residential roads.
Nonsingle-family residential roads shall be a minimum of three inches of plant-mixed bituminous material placed in accordance with MDOT Specification 4.00. The bituminous roadway will be 20-foot wide centered on a minimum of six inches of compacted MDOT 8.02.05 Class III granular material having a maximum stone size of 1 1/2 inches. If the existing material meets MDOT 8.02.05 Class III Granular Material Specifications, it may be left in place provided stones larger than 1 1/2 inches are removed. The asphalt pavement will consist of 1 1/2 inches of Bituminous Mixture No. 1100L, 20A placed over 1 1/2 inches of Bituminous Mixture No. 1100T, 20A. The shoulders will be five feet wide constructed of eight inches of MDOT 22A or 23A aggregate placed in accordance with Section 3.09 of the MDOT Specification.
(Ord. No. 154, § 9.2(14), 7-17-91)
Sec. 15-41. Dead-end roads, cul-de-sacs.
Dead-end roads will not ordinarily be permitted. In cases where topographical or other conditions preclude the continuation of existing roads, cul-de-sacs will be required. Cul-de-sacs shall have an adequate turnaround with a minimum radius of 60 feet for right-of-way and 40 feet for roadway in residential and commercial areas; and a minimum radius of 80 feet for right-of-way and 60 feet for roadway in industrial areas. Private roads over 3,000 feet in length will not be permitted. Length is to be measured along the centerline of the private road from the county right-of-way to the end of the road or cul-de-sac, when installed.
(Ord. No. 154, § 9.2(15), 7-17-91)
Sec. 15-42. Inspections.
The township shall have the installation of private roads inspected for compliance with the provisions of this article, as follows:
(1) Prior to installation of the subbase.
(2) After installation of the subbase and before installation of the bottom course of aggregate or bituminous surfacing.
(3) After installation of the bottom course and before installation of the top course of aggregate or bituminous surfacing.
(4) For final approval after complete installation of the private road, ditching and grading.
(Ord. No. 154, § 9.2(16), 7-17-91)
Sec. 15-43. Variances and appeals.
(1) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this section, such as topographical and other physical characteristics of a parcel, the township private road appeal board, which shall consist of the township supervisor, township police chief, township fire chief, and township engineer, shall have the power to vary or modify the application of the provisions of this section so that the intent and purpose of the ordinance shall be observed and public safety secured. Any applicant may apply for a variance from any provision of the ordinance by filing an application for variance with the township building department.
(2) The township private road appeal board shall meet to hear appeals and requests for variances within 30 days of receiving a written request from an applicant. Said meeting shall be subject to the Open Meetings Act, MCL 15.262 et seq.
(3) The township private road appeal board may attach reasonable conditions in granting any variance from any provision of the ordinance, and the breach of any condition or the failure of any applicant to comply with the conditions shall void the variance. This provision of the ordinance 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 section, which cannot be brought into conformity with the ordinance without unnecessary hardship or practical difficulty due to soil conditions, topographical considerations, or other factors.
(Ord. No. 156-A78, § 1, 7-15-98)
Secs. 15-44--15-65. Reserved.
ARTICLE III. DRIVEWAYS AND PARKING LOTS
Sec. 15-66. General requirements.
All site plans proposing the construction of driveways and offstreet parking areas, shall provide, but not be limited to, the following dimensions and features:
(1) Complete parking space, loading space and driveway layouts.
(2) Typical dimensions and angles of parking spaces.
(3) Radii of driveway returns and all other points of curvature.
(4) Proposed and existing parking lot and driveway grades and elevations.
(5) Driveway and parking lot cross-sectional view of the pavement structure, including subbase, base and surfacing.
(6) Existing and proposed drainage structures and controls shall include:
a. Size of driveway culvert (diameter and length).
b. Type of culvert.
c. Grade of culvert.
d. Direction of surface water flow by the use of flow arrows.
e. Method of surface water disposal on all pavement areas.
f. Location of drainage structures and sewers.
g. Structure details and any other applicable details.
h. Delineation of areas contributing surface waters to each structure or stormwater outlet point.
(7) Proposed and existing elevations shall be shown on the plan at all radii points, finish grade at the corners of all buildings, at 50 feet intervals along the line of surface flow. Proposed elevation contours at two feet intervals shall be provided, if reasonably required by the township engineers for review purposes.
(Ord. No. 154, § 10.1, 7-17-91)
Sec. 15-67. Surfacing requirements.
All pavement designs shall be subject to the review and approval of the township engineer. The entire parking area, including parking spaces, loading spaces, and driveways, required to be hard surfaced under chapter 19 shall be provided with bituminous or concrete surfacing in accordance with one of the following minimum specifications:
(1) Bituminous surface options:
a. Three-inch thickness of bituminous aggregate pavement over six inches of MDOT 22A or equal (compacted in place) aggregate base course.
b. Six-inch thickness of bituminous aggregate pavement over a prepared stable subgrade. Two course construction of equal thickness must be utilized when placing the six-inch bituminous pavement.
(2) Portland concrete surface:
a. A six-inch thickness of concrete pavement shall be placed over a four-inch thick (compacted in place) granular material, Class III subbase.
b. Concrete shall contain not less than 564 pounds of dry cement per cubic yard of concrete (six sacks of cement per cubic yard of concrete) and shall be air entrained with an air content at the time of placement of not less than five percent nor more than seven percent. Concrete mixture shall achieve a compressive strength of 3500 pounds per square inch at 28 days. Maximum slump shall be four inches. The utilization of admixtures in the mix design will be reviewed on an individual basis.
(Ord. No. 154, § 10.2(1), 7-17-91)
Sec. 15-68. Subgrade requirements.
All pavement surfaces must be supported upon a prepared subgrade that has been compacted to at least 95 percent of maximum unit weight in accordance with MDOT standards. When unstable subgrade materials, i.e., peat, muck, marl, wet clays, etc., are encountered, excavation and removal of such unstable materials and replacement to plan subgrade with approved materials compacted in place shall be required. Approved materials shall include slag, crushed stone, gravel, coarse sand, or other materials approved by the township engineer. Should it be found that the excavation, removal and replacement of unstable subgrade material is impractical due to excessive depths, alternate pavement structure designs must be submitted to and approved by the township engineer prior to pavement installation. The township reserves the right to require the installation of geotextile wrapped underdrains, edge drains, or bank drains at locations where the subgrade indicates the presence of free water.
(Ord. No. 154, § 10.2(2), 7-17-91)
Sec. 15-69. Conformance to zoning ordinance.
Parking spaces, driveways, and loading zones shall conform in size and configuration to the requirements of chapter 19.
(Ord. No. 154, § 10.2(3a), 7-17-91)
Sec. 15-70. Minimum driveway widths.
Driveways which provide one-way vehicle traffic movements shall not be less than 12 feet in width as measured from the edge of pavement to the edge of pavement, or 16 feet, as measured from back of curb to back of curb, whichever is applicable. The minimum driveway width for two way traffic shall be 26 feet as measured above where curb is required.
(Ord. No. 154, § 10.2(3b), 7-17-91)
Sec. 15-71. Pavement grading.
The grading of driveway and parking lot pavement shall conform to the following:
(1) Minimum transverse pavement slopes shall be 1.0 percent.
(2) Maximum driveway slopes shall be 8.0 percent unless topographic conditions warrant a variance.
(3) Maximum parking lot slopes shall be 6.0 percent, except within handicapped parking areas where the maximum slope shall be 2.0 percent.
(Ord. No. 154, § 10.3(1), 7-17-91)
Sec. 15-72. Drainage.
(a) All paved areas shall be drained to dispose of all surface waters accumulated in the parking area in a manner which will preclude unrestricted drainage of water onto adjacent property or toward buildings.
(b) The disposal of storm waters from all paved surfaces shall conform to the standards set forth in this article.
(c) The design of parking lot storm sewer facilities shall conform to the standards set forth in this article.
(d) The disposal of stormwaters to a roadside ditch shall receive the approval of the agency having jurisdiction over the roadway prior to site plan approval. The discharge of surface waters to a recognized county drain shall receive the approval of the county drain commissioner's office prior to the site plan approval.
(Ord. No. 154, § 10.3(2), 7-17-91)

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