ARTICLE
12 - TITTABAWASSEE ROAD OVERLAY ZONE
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TITTABAWASSEE OVERLAY DISTRICT – Note this chapter does not contain
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12.1 PURPOSE
This article is intended to
recognize the unique and disparate functions of major and minor arterials which
include long distance traffic movement as well as land access to individual
traffic generators. It is the purpose of this article to serve the public
interest by minimizing operational difficulties caused by these generally
incompatible traffic functions.
The regulations of this
article strive to promote the efficient use of public thoroughfares, protect the
public investment in long distance traffic carrying facilities, diminish
hazardous traffic conditions, minimize accidents and property damage, and avoid
future degradation of arterial street traffic capacity. Simultaneously, the
regulations strive to protect the right of abutting land owners to reasonable
access, while maintaining and promoting the economic viability of uses along the
corridor.
These regulations are in
effect in all communities that abut the Tittabawassee Road Corridor. The
presence of this language in each municipality's zoning ordinance is intended to
promote the consistent and continued intent and purpose of this ordinance.
12.2 APPLICABILITY
The regulations set forth in
this article will apply to the Tittabawassee Road Corridor from M-47 (Midland
Road) to the
These regulations will only
apply when the average daily bidirectional traffic volumes on
As an overlay zone, these
regulations will apply in addition to those regulations presently in force.
Where there are actual or implied conflicts between regulation in the overlay
zone and the base zoning district, the Tittabawassee Road Corridor Overlay Zone
regulations shall apply. Construction or any alteration of a direct access
driveway, except resurfacing, along any public street, road or highway shall
require issuance of an access permit from the Planning Commission and the
Saginaw County Road Commission. The Saginaw County Road Commission will count
and determine the average daily traffic count of
12.3 DESCRIPTION
OF ACCESS CONTROL OVERLAY ZONE
The overlay zone in
12.4 PERFORMANCE
STANDARDS
It shall be unlawful to
construct or utilize any direct access driveway which does not meet the
following criteria:
(a)
Any driveway design utilized must allow an entering vehicle turning speed
of fifteen (15) mph to help reduce interference with through street traffic.
(b)
Driveway design and
placement must be in harmony with internal circulation and parking design such
that the entrance can absorb the maximum rate of inbound traffic during a normal
weekday peak traffic period as determined by a traffic survey method approved by
the Planning Commission.
(c)
There must be sufficient on-site storage to accommodate at least five (5)
queued vehicles waiting to park, or exit without utilizing any portion of the
street right-of-way or in any other way interfering with street traffic.
(d)
Provisions for circulation between adjacent parcels should be provided
through coordinated or joint parking systems, or other methods, determined at
the time of site plan review.
(e)
Driveway entrances must be able to accommodate all vehicle types having
occasion to enter the site, including delivery vehicles.
(f)
Driveway placement should be such that loading and unloading activities
will in no way hinder vehicle ingress or egress.
(g) Direct access driveway placement must be such that an exiting vehicle has an unobstructed sight distance from the stop bar, according to the following schedule:
(MPH)
(FEET)
30
220
35
225
40
275
45
325
50
350
(h) Driveway design must be such that an entering vehicle will not encroach upon the exit lane of a two-way driveway. In addition, an exiting vehicle turning right must be able to enter traffic utilizing only the first through traffic lane available without encroachment into the adjacent through lane.
12.5 PERMIT
APPLICATION
All applications for driveway approach permits
shall be made on a form prescribed by and available at
A. Permit applications shall be accompanied by clear, scaled drawings (minimum of 1"=20') in triplicate showing the following items:
1.
Location and size of all
structures proposed on the site.
2.
Size and arrangement of
parking stalls and aisles.
3.
Proposed plan of routing motor
vehicles entering and leaving the site.
4.
Driveway placement.
5.
Property lines.
6.
Right-of-way lines.
7.
Intersecting roads and streets
within three hundred (300) feet either side of the property on both sides of the
street.
8.
Width of right-of-way.
9.
Width of road surface.
10.
Type of surface and dimensions
of driveways.
11.
Proposed turning radii.
12.
Proposed treatment of right-of-way adjacent to driveway(s) and between
the right-of-way line and property line. Show all proposed landscaping, signs,
etc.
13.
Traffic analysis and trip generation survey results, obtained from a
licensed engineer.
14.
Design dimensions and justification for any alternative or innovative
access design.
15.
Dumpster location.
16.
Adjacent parcel information
12.6 PERMIT REVIEW
PROCESS
A.
Application for an
Access Permit may be obtained from the Saginaw County Road Commission or
B.
The completed application must be received by the Tittabawassee Township
Zoning Administrator at least 14 days prior to the Planning Commission meeting
where the Permit will be reviewed.
C.
The applicant, the Saginaw County Road Commission and the Zoning
Administrator or Planning Commission representative may meet prior to the
Planning Commission meeting to review the application and proposed Access
Design.
D.
The Planning Commission
shall review and recommend approval, or denial, or request additional
information. They also shall forward the Access Application to the Saginaw
County Road Commission for their review.
E.
The Saginaw County
Road Commission shall review the Access Permit application and conclusions of
the Planning Commission. One of three actions may result:
1)
If the
Planning Commission and the Road Commission approve the application as
submitted, the Access Permit shall be granted.
2)
If
both the Planning Commission and the Road Commission deny the application, the
permit shall not be granted.
3)
If either the Planning Commission or Road Commission requests additional
information, approve with conditions, or do not concur in approval or denial,
there shall be a joint meeting of the administrative staff of the Saginaw County
Road Commission, Tittabawassee Township Planning Commission and the applicant.
The purpose of this meeting will be to review the application to obtain
concurrence between the Planning Commission and the Road Commission regarding
approval or denial. No application will be considered approved, nor will any
permit be considered valid unless the Planning Commission and Road Commission
have indicated approval.
F.
The
Zoning Administrator shall keep a record of each application for an Access
Permit which has been submitted, including the disposition of each one. This
record shall be a public record.
G.
An Access Permit remains valid for a period of one (1) year from the date
it was issued. If the Permit holder fails to begin earnest construction
authorized by the Access Permit by the end of one (1) year, the Permit is
automatically null and void. Any additional rights which have been granted by
the Planning Commission or the Zoning Board of Appeals, such as Special Use
Permits, or variances, expire together with the Access Permit.
Any performance guarantee shall be refunded to the Permit holder unless
the failure to initiate activity has resulted in costs to the Township. If any
amount of the guarantee remains after said costs are satisfied, the balance of
the guarantee shall be released and returned to the Permit holder.
H.
The
Permit may be extended for a period not to exceed one (1) year. The extension
must be requested, in writing by the permit holder before the expiration of the
initial Permit period. Administrative staff of the Township may approve a permit
extension provided there are no deviations from the original Access Permit
present on the site or planned, and there are no violations of applicable
ordinances. If there is any deviation or cause for question, the Administrative
staff of
I.
Reissuance
of an Access Permit which has expired requires a new Access Application form to
be filled out and processed independently of previous action.
J.
The permittee shall assume all responsibility for all maintenance of such
driveway approaches from the right-of-way line to the edge of the traveled
roadway.
K.
Where
a permit has been granted for entrances to a parking facility, said facility
shall not be altered or the plan of operation changed until a revised plan has
been submitted and approved as specified in this section.
L.
Application for a permit to construct or reconstruct
any driveway entrance and approach to a site shall also cover the reconstruction
or closing of all nonconforming or unused entrances and approaches to the same
site at the expense of the property owner.
M.
When a building permit is sought for the reconstruction or remodeling of
an existing site or a zoning or occupancy certificate is sought for use or
change of use for any land, buildings, or structures, all of the existing, as
well as proposed driveway approaches and parking facilities shall comply, or be
made to comply, with all design standards as set forth in this ordinance prior
to the issuance of a zoning or occupancy certificate.
N.
12.7 DRIVEWAY
SPACING
Driveway spacing will be determined as a function of current or planned arterial road operating speeds. Spacing will be determined according to the following schedule:
TABLE
1 - DRIVEWAY SPACING
Posted
Road
Minimum Spacing
Speed
(Feet)
25
mph
105
30
mph
125
35
mph
150
40
mph
185
45
mph
230
50
mph
275
(Standards
are derived from the American Association of State Highway Transportation
Officials, Geometric Design of Highways and Streets, Table of Stopping Sight
Distance)
These
spacings are based on average vehicle acceleration and deceleration rates and
are considered necessary to maintain safe stopping distances and traffic
operation. Spacing will be measured from the midpoint of each driveway. In the
event that a particular parcel or parcels lack sufficient arterial frontage to
maintain adequate spacing the land owner(s) have the following options:
A. The adjacent land owners may agree to establish a common driveway. In such case, the driveway midpoint may be the property line between the two parcels or be located on either parcel. The driveway must meet standard specifications, and the estimated driveway volume will be the sum of the trip generation rate of both land uses in question. A joint easement agreement must be entered into prior to an access permit being granted.
B.
If a common driveway cannot be
established, for reasons beyond the property owners
(both the proponent and adjacent land owner's) control, the proponent can seek a
variance from the Zoning Board of Appeals from minimum spacing, but in no case
should the variance be greater than the next lowest classification on Table 1.
For example, on a forty (40) mph arterial requiring a one hundred eighty-five
(185) foot spacing, the distance may be reduced to no less than one hundred
fifty (150) feet which is the standard for a thirty-five (35) mph facility.
12.8 NUMBER OF
DRIVEWAYS PER PARCEL
A.
A maximum of one (1) driveway opening is permitted to a particular site
from
B.
When in the opinion of the Township or Road Commission’s traffic
engineer, and in the views of the permittee, and it is in the interest of good
traffic operation, the Board may permit: One (1) additional driveway entrance
along a continuous site frontage if there is a demonstrated need based on trip
generation and road traffic data.
C.
Where a dual
service driveway, as depicted in Figure 1, is used it will be considered, for
purposes of this section, to be only one direct access driveway.
D.
In the case of dual
one-way driveways, one (1) pair may be used per two hundred fifty (250’) feet
of frontage. Only one (1) pair of one-way drives may be used per street
frontage.
12.9 DESIGN
CRITERIA
The
design requirements for proposed driveway or driveway systems can be found in
the Tittabawassee Township Engineering Design Standards Ordinance and
must be included in plans accompanying the driveway permit application.
If
projected driveway traffic volumes exceed seven hundred fifty (750) vehicles per
day, for all traffic using the driveway, a departure from the standard design
may be required.
The
applicant may also request a particular alternative design as part of the site
plan submitted accompanying the driveway application permit.
The
standard shall be used unless the Zoning Administrator, in consultation with the
Saginaw County Road Commission, determines that another dimension within the
range is more suitable for a particular site or special condition and is
approved by the Road Commission and the Township.
12.10 CONSISTENCY
WITH COMPREHENSIVE PLAN
In
some cases, on a particularly congested arterial, the Tittabawassee Township
Plan may call for specific innovative treatment of access control. Examples may
include service drives, continuous right turn lanes, access off of collector
streets, commercial parks, and combined, coordinated parking/access systems. In
such cases, any innovative design meeting the spirit and intent of these
regulations, and performance standards, may be considered through site plan
review.
12.11 TEMPORARY
DRIVEWAY PERMITS
Temporary
driveway permits are intended to allow existing driveways and new driveways,
necessary to access sites remote from adjacent access, to remain in use until
such time as the conditions specified on the permit are met.
A.
A temporary permit may be granted for:
1)
Existing driveways that access
existing development or are necessary to service farm fields and are only used
for that purpose. Existing driveways are legal nonconforming driveways and may
exist without a temporary permit under the conditions specified in Section 11.12
Nonconforming Driveways.
2)
New driveways necessary to access
new development where the new development is remote from adjacent access drives
that shared access is not feasible at the time of development.
B.
Conditions upon which the Temporary Permit will expire may include:
1)
Adjacent development within one
hundred and fifteen (115) feet of the site where the temporary driveway is
located is planned. At this time, joint access provisions with the adjacent
property owner must take place.
2)
The use of the site for which the
temporary permit was granted has ceased for six (6) months or more or the use of
the site or the driveway has changed such that the use of the driveway is
increased to any degree.
12.12 NONCONFORMING
DRIVEWAYS
A.
Driveways that do not
conform to the regulations in this Ordinance, and were constructed before the
adoption of this Ordinance, shall be considered legal nonconforming driveways.
Existing driveways granted a temporary permit are legal nonconforming
driveways until such time as the temporary permit expires.
B.
Loss of legal
nonconforming status results when a nonconforming driveway ceases to be used for
its intended purpose, as shown on the approved site plan, for a period of six
(6) months or more. Any reuse of the driveway may only take place after the
driveway conforms to all aspects of this Ordinance.
C.
Legal nonconforming driveways may remain in use until such time as the
use of the driveway or property is changed or expanded in such a way that impact
the use of the driveway. At this time, the driveway must be made to conform with
all aspects of the Ordinance.
D.
Driveways that do not conform to the regulations in this Ordinance and
have been constructed after adoption of this Ordinance, shall be considered illegal
nonconforming driveways.
E.
Illegal nonconformities must be cited as violations of this Ordinance,
made to cease use of the driveway and correct any nonconforming aspects of the
driveway. Driveways constructed in illegal locations must be closed and all
evidence of the driveway removed from the right-of-way and site on which it is
located.
F.
Nothing in this Ordinance shall prohibit the repair, improvement, or
modernization of lawful nonconforming driveways.
12.13 VARIANCES
FOR DRIVEWAY DESIGNS
The
applicant may apply for a variance from the standard driveway designs, under the
following conditions:
A.
When driveway volumes are expected to meet or exceed one thousand (1,000)
vehicles per day.
B.
When expected turning ingress or egress movements meet or exceed fifty
(50) per hour during a typical weekday peak traffic period as determined by a
traffic study or generally accepted trip generation table, approved by the
Planning Commission, such as the
C.
When in the judgment of the Saginaw County Road
Commission or municipal traffic engineer, specific site conditions require
alternative design treatments to provide for safe and efficient driveway
operation.
D.
When a joint or coordinated access-parking system is
being used. When two adjacent property owners agree to combine access points,
the municipality may grant an incentive bonus. The total road frontage normally
required will each be reduced by ten (10) percent for both land owners. (Site
circulation and safety standards will still be enforced).
E.
When a permitee seeks a variance for an innovative method for access
design or operations. Variances should be granted only where practical
difficulties require an innovative access design or dimensional change that is
consistent with the intent of the ordinance. Variances may not be granted for
financial hardship or in any instance where the intent of the ordinance can be
met by abiding by the standards in this document.
The
Tittabawassee Township Board of Appeals and one representative of the Saginaw
County Road Commission shall hear and decide all requests for a variance,
interpretation or administrative review of access control regulations.