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Below you can see Ordinance additions or changes that are not yet codified:

 

CHARTER TOWNSHIP OF HIGHLAND

ORDINANCE NUMBER 457

 

AN ORDINANCE TO AMEND THE PRIVATE ROAD ORDINANCE TO ALTER THE LIMITS ON ROAD LENGTH, MODIFY THE THRESHOLD WHERE PAVING IS REQUIRED, ALLOW FOR EXTENSIONS OF PERMITS, AND INCORPORATE FIRE CODE AND DEPARTMENT REQUIREMENTS.

 

THE CHARTER TOWNSHIP OF HIGHLAND ORDAINS: 

Section 1. Amendment. 

The following Sections in Article II, Private Roads of Chapter 20, Streets, Sidewalks and Other Public Places in the Highland Charter Township Code, are amended as indicated or to read as follows: 

Section 20-16.  Expiration of approval of permits. 

          A permit shall be valid for a period of one (1) year from the date of issuance.  If the required improvements have not been completed upon the expiration of the one (1) year period, then the permit shall be void and of no force and effect, and any deposits shall be forfeited to Highland Township.  The Zoning Administrator may approve an extension of the permit for up to one (1) year if, prior to expiration, the permittee applies for an extension in writing, including a schedule for completion.  The Zoning Administrator may extend the permit for an additional one year period if satisfied that the road will be completed within that time frame. 

Section 20-17, Design and construction standards, paragraph entitled Maximum road length shall be amended to read as follows: 

Maximum road length.  The overall length of a single access private road serving eight (8) or more dwelling units as measured along the centerline therof shall not exceed thirteen hundred (1,300) feet as measured along the centerline thereof.  Where the Planning Director determines that a practical alternative exists to allow for a future road connection to adjacent properties to provide a second access point, a right-of-way easement for that connection shall be established, although physical development of the road may be deferred to the future, with approval of the Board.  All single access private roads shall be provided with a cul-de-sac or other approved turnaround constructed in accordance with the Engineering Design Standards, and requirements for fire apparatus access roads under the Fire Code adopted in Article III of Chapter 9 of the Highland Charter Township Code as determined by the Fire Chief. 

Further, Section 20-17, Design and construction standards, paragraph entitled Pavement and road cross-section. shall be amended to read as follows:

Pavement and road cross-section.  A private road which is to serve four (4) sixteen (16) or more residential lots, or condominium units shall be provided with a paved surface in accordance with the Engineering Design Standards.  A private road which will serve fewer than four (4) sixteen (16) residential lots may be constructed with an aggregate base and wearing surface.  All design elements and construction specifications, such as width, pavement, base and subbase materials and thicknesses, cross slopes and drainage requirements shall be based on the Engineering Design Standards.  Specifications related to cross-section may be modified with the approval of the Planning Director upon review and recommendation of the Township Engineer based on an analysis of proposed use and existing field conditions, provided that the proposed cross-section equals or exceeds the calculated strength of the standard pavement cross-section.  The Township Board may grant a temporary waiver of the pavement requirement set forth in this subparagraph for a proposed private road that would intersect with an unpaved road. 

In the event a private road approved under the terms of this ordinance is to be extended such that four (4) sixteen (16) or more parcels are served, the entire length of the existing and extended private road shall be provided with a paved surface.

 Further, Section 20-21, Preexisting roads. shall be amended to read as follows:

 Private roads established prior to the adoption of this ordinance shall not be required to conform to the current standards of this ordinance under such adopted or amended ordinance, until such time as the road is extended or a land division is granted for additional parcels property served by the this road at which time there shall be full compliance.  The Zoning Administrator shall require improvements to bring the road into full compliance with this ordinance, including hard surfaced pavement, if a land division results in 16 or more parcels being served by this road.  The Zoning Administrator may always require improvements to satisfy the minimum requirements for fire apparatus access in accordance with the Fire Code adopted in Article III of Chapter 9 of the Highland Charter Township Code.

Further, Section 20-22 Waivers shall be replaced in its entirety by amendment to read as follows:

Section 20-22 Variances and deferrals. 

a)    A variance may be granted by the Township Board from regulatory provisions of this Private Road Ordinance when all of the following conditions are satisfied: 

1)    A literal application of the substantive requirement would result in exceptional, practical difficulty to the applicant; 

2)    The alternative proposed by the applicant will be adequate for the intended use and shall not substantially deviate from the performance that would be obtained by strict enforcement of the standards;

3)    The granting of the variance will not be detrimental to the public health, safety or welfare, nor injurious to adjoining or neighboring property, nor contrary to the overall purpose and goals of the Private Road Ordinance.

b)   The Township Board may grant a deferral of any requirement of the Private Road Ordinance to a future date or until a specific event or condition occurs.  Such deferrals shall specify the date or event or condition that triggers the requirement for full compliance.  The Township Board may require a performance guarantee such as an irrevocable letter of credit or cash bond to ensure future compliance. 

Section 2.     Severability. 

          The various parts, sections and clauses of this Ordinance are declared to be severable.  If any part, sentence, paragraph, section or clauses is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected. 

Section 3.     Savings Clause. 

          Nothing in this Ordinance is to be construed to affect any just or legal right or remedy of any character nor shall any just or legal right or remedy of any character by lost, impaired or affected by this Ordinance. 

Section 4.     Publication and Effective Date. 

          This Ordinance is hereby declared to have been adopted by the Charter Township of Highland Board of Trustees at a meeting thereof duly called and held on the 12th day of July, 2017, and shall be effective immediately upon publication in a manner allowed by law.