§ 8.2. Access.

A.

Frontage. Each lot of record shall have frontage on a public street right-of-way or private street easement for at least the minimum lot width required for the zoning district within which the lot is located. Cul-de-sac lots or lots on the outside edge of curved streets shall have a minimum of 40 feet of lot frontage and minimum lot width shall comply with the requirement of the applicable zoning district.

B.

Residential private streets.

1.

A private street easement not less than 66 feet in width shall be provided to such lot of record if it is not located in a platted subdivision or a site condominium. The easement shall be recorded in the Ottawa County Register of Deeds Office and a copy of the recorded easement provided to the zoning administrator prior to issuance of a building permit for construction of improvements on the lot of record.

2.

The lot of record shall have frontage on the private street easement for at least the minimum lot width required for the zoning district within which the lot of record is located.

3.

The street surface shall be improved and constructed with a width and materials according to the following schedule, based on the number of lots of record that may be served by the private street easement currently or in the future:

a.

One to four lots of record: 22-foot wide asphalt or concrete surface.

b.

Five or more lots of record: Width shall comply with the specifications of the Ottawa County Road Commission for public streets.

c.

The street surface shall be constructed in accordance with the requirements of this section.

4.

When a lot of record is located in a platted subdivision or site condominium, access shall be provided from a street meeting the requirements of chapter 30, Subdivisions.

C.

Non-residential private streets.

1.

A private street easement not less than 66 feet in width shall be provided to such lot of record if it is not located in a platted subdivision or a site condominium. The easement shall be recorded in the Ottawa County Register of Deeds Office and a copy of the recorded easement provided to the zoning administrator prior to issuance of a permit for construction of improvements on the lot of record.

2.

The street surface shall be improved with an asphalt or concrete pavement with a minimum width of 30 feet, constructed in accordance with the requirements of this section.

3.

When a lot of record is located in a platted subdivision or site condominium, access shall be provided from a street meeting the requirements of chapter 30, Subdivisions.

D.

Construction requirements.

1.

Construction and pavement shall comply with the specifications of the Ottawa County Road Commission for public streets.

2.

An engineer's certification of construction compliance is required.

3.

Base course pavement shall be installed prior to the issuance of residential building permits for dwellings to be served by the street.

4.

Surface course pavement shall be installed prior to the issuance of building certificates of occupancy for the dwellings that will be served by the street.

E.

Easement and maintenance agreement. Applications for private streets shall include a recordable legal instrument and agreement for a review prior to approval.

1.

Recordable legal instrument. A copy of the recordable legal instrument(s) describing and granting the easement(s).

2.

Content. A copy of a recordable travel surface maintenance agreement, signed by all owners of the lands served by the access easement and other parties in interest, which includes the following:

a.

Provisions that assure that the travel surface will be maintained, repaired, and snowplowed for the full width and length to ensure safe travel and accessibility by emergency vehicles at all times.

b.

Provisions that assure that the costs of maintenance of the travel surface and its easement are paid for in an equitable manner.

c.

A legal description of the easement and a legal description of the individual lots of record to be served. All properties served by the easement and travel surface shall be subject to the maintenance agreement.

d.

Provisions declaring that the maintenance agreement constitutes a restrictive covenant, running with the benefitted lands, and binding on all current and future owners and other parties in interest as to the respective obligations stated therein.

e.

Provisions to indemnify, save and hold the township, and its officers, employees, and agents, harmless from any and all claims for personal injury and/or property damage arising out of the failure to property construct, maintain, repair, or replace the travel surface.