Rules Governing the Granting
of Permits for Driveways in the Genesee County Road System
Introduction
The Michigan Legislature has recently enacted a new law (P.A. 200
of Public Acts of 1969) pursuant to the regulation of driveways
upon and over public highways. One important aspect of this new
law is to provide County Road Commissions the authority to require
permits in accordance with published rules and regulations promulgated
and adopted by such agency having jurisdiction and control of county
roads.
Since the efficiency and safety of a highway depends to a large
degree upon the amount and type of roadside interference with moving
traffic, reasonable standards for the location and design of driveways
must be prescribed. It is generally recognized that road-fronting
landowners (abutters) have certain rights of access consistent with
their needs and road users have certain rights to safety and free
traffic flow associated with efficient highway operation. It is
the responsibility of the highway authority to regulate and control
the design location of access driveways in an endeavor to reconcile
the needs and rights of both abutter and traveler.
Restrictions as to the design, location and number of driveways
is based on the conclusion that the abutter is not entitled to access
at all points of his property along a public highway and that government
has the right to regulate the use of the highway to provide for
health, safety and welfare of all its citizens.
The purpose of these rules is to enumerate and describe the driveway
regulations adopted by the Genesee County Road Commission and explain
the procedures to ensure efficient and safe driveway connections
onto public highways.
Permits for driveways shall be required in conformity with the
hereinafter published rules which are consistent with the public
safety and requirements in the public interest.
Frontage - The length along
a highway Rights-of-Way line of a single property tract or roadside
development. Corner property at highway intersection has a separate
frontage along each highway.
Frontage Boundary Line - (abbreviated
as F.B. line) - A line perpendicular to the highway centerline,
at each end of the frontage, extending from the Rights-of-Way line
to the edge of the through traffic lane.
Buffer Area
- The border area along the frontage between the traveled
way and the Rights-of-Way line and within the frontage boundary
lines.
Driveway Width - The width
of the driveway measured from edge to edge at right angle to its
centerline at a designated distance from the highway. Unless otherwise
stated this designated distance shall be at the Rights-of-Way limit.
Driveway Angle - The angle
of 90° or less as measured between the driveway centerline and the
edge of the traveled way.
Edge Clearance - The distance
measured along the edge of the traveled way, between the frontage
boundary line and a tangent projection of the nearest edge of driveway.
Corner Clearance - At an intersecting
highway, the dimension measured along the edge of the traveled way
between the frontage boundary line opposite the intersection of
the two Rights-of-Way lines and the tangent projection of the nearest
edge of driveway.
Setback - The lateral distance
between Rights-of-Way line and the roadside business building, gasoline
pump curb base, display stand, or other object, the use of which
will result in space for vehicles to stop or park between such facilities
and right-of1ay lines.
Outside Radius - The outside
or larger curve radius on edge of driveway.
Inside Radius - The inside
or smaller curve radius on edge of driveway, used when driveway
angle is substantially less than 90°.
Distance Between Double Driveways
- The distance measured along the Rights-of-Way line between tangent
projects of the inside edges of two adjacent driveways to the same
frontage.
Engineer - The County Highway
Engineer acting either directly or through his authorized representatives.
Any driveway providing access to land which is used for industrial
or commercial purposes shall be deemed to be a commercial driveway.
As examples of industrial and commercial purposes, but not necessarily
limited to these, are antique shop, apartment building, automobile
sales, bait and tackle shop, bakery, bar, beauty shop, bowling alley,
fruit and vegetable, stand, gasoline service station, hotel, Laundromat,
lumber yard, mobile home sales, motel, novelty shop, real estate
office, restaurant, shopping center, stores, theater, trades shops
(electrical, glass, heating, plumbing), used car sales, schools
and churches.
The intent of designating a use as industrial and commercial is
to define those uses which induce greater traffic flow than residential
use and to provide for wider access and more durable surface to
accommodate the additional traffic. If a dispute arises over whether
or not a specific use shall be designated commercial, The Board
of County Road Commissioners shall make the final determination
and shall base their decision on this intent.
Width
All commercial driveways
designed for two-way operation shall have a minimum width of 24
feet and a maximum width of 30 feet, measured at right angle to
the centerline of the driveway at the Rights-of-Way line.
All commercial driveways
designed for one-way operation shall have a minimum width of 16
feet and a maximum width of 24 feet, measured at right angle to
the driveway centerline at the Rights-of-Way line. Driveways operated
for one-way traffic shall be so designated and signed accordingly
as directed by the Engineer at abutter's expense.
All commercial driveways
shall meet the traveled way with a curve having a minimum radius
of 20 feet. Larger radii may be required as directed by the Engineer.
Commercial driveways
located closer than 100 feet apart will be required to be paved
along the intervening roadside shoulder and provided with necessary
appurtenances if serving the same abutter.
Location
No portion of a commercial
driveway, including the curve which meets the traveled way, shall
extend beyond the property line of an adjoining parcel of property
extended at right-angles to the centerline of the Rights-of-Way
from the point where the property line meets the Rights-of-Way,
unless written approval of the adjoining property owner is obtained
and a copy filed with the Engineer.
No portion of commercial
driveway, including-the curve which meets the traveled way, shall
be located closer than the spring point of the nearest radius
of the intersecting street or nearest Rights-of-Way line of intersecting
street whichever is greater
No portion of two commercial
driveways serving the same property shall be located closer than
30 feet to one another, measured at Rights-of-Way line parallel
to the centerline of the road.
Angled Driveways
When the property owner wishes to construct a commercial driveway
at other than 90° to the centerline of the roadway to facilitate
ingress and egress to traffic, the near driveway on the right as
approaching shall have not less than a 45° angle with the centerline
of the road and the far driveway on the right as approaching shall
have not less than a 60° angle with the centerline.
Joint Driveways
When both property owners abutting a common property line agree
, they may construct a joint commercial driveway which shall meet
the same rules regarding WIDTH as all other commercial driveways
and all the rules regarding LOCATION of commercial driveways, except
that pertaining to location in regard to property lines.
Surface
All commercial driveways shall be surfaced from the edge of the
traveled way for a distance of not less than ten (10) feet toward
the Rights-of-Way line with a material which is equal to or better
than the surface of the traveled way which it joins. The Engineer
shall determine whether or not any specific material is equal to
or better than the surface of the traveled way. Where deemed necessary,
the property owner shall provide deceleration and/or acceleration
lanes, curb and gutter and underground drainage as an integral part
of the commercial driveway.
In the event deceleration and/or acceleration lanes and appurtenances
are required, these features, including any driveway within road
Rights-of-Way, shall be constructed with materials, quantities and
according to methods and specifications approved by the Engineer.
In general such paving will consist of either of the following:
8" minimum depth
Portland Cement concrete.
10" full depth
asphalt base and surface.
Design Controls
Open Ditch
Highways
Traffic controls must be placed along the Rights-of-Way line of
the developed property frontage. These controls shall consist of
a 6" X 24" concrete curb or concrete "bumper blocks"
staked in place.
Curb and Gutter Highways
Traffic' controls on curb and gutter highways must consist of 6"
X 24" concrete curb along the Rights-of-Way line plus a 6"
X 24" concrete curb or a 24" curb and gutter (MDOT Det.
F-4) along both edges of each driveway and extending from roadside
curb to Rights-of-Way 1ineor sidewalk, whichever is nearer to the
road centerline.
Number of Driveways
A commercial or industrial operation may have at least one driveway
providing the driveway meets all rules governing WIDTH and LOCATION.
Additional commercial driveways may be permitted, providing they
meet all the rules governing WIDTH and LOCATION, and further providing
they are approved by the Engineer.
Drainage
The Engineer shall determine the number and type of drainage structures
required to adequately accommodate the surface water runoff. These
facilities shall be constructed by the abutter as an integral part
of the driveway construction.
General
The Board of County Road Commissioners does not have jurisdiction
over the use or arrangement of buildings and facilities on private
property. However, it will not issue permits for parking on the
Rights-of-Way at right angles to a building off the Rights-of-Way
nor will it issue permits for the stopping of vehicles on the Rights-of-Way
at a gasoline service station pump. Therefore, it is recommended
that the property owner place any building to which he wishes to
park at right-angles at least 30 feet from the Rights-of-Way line
and place gasoline pump islands at least 14 feet from the Rights-of-Way
line.
On existing curb and gutter highways when it is necessary to remove
this feature to expedite driveway construction, the entire curb
and gutter shall be removed for the full driveway width (including
radii) and the gutter portion reconstructed as new. Removal shall
be required between construction joints only. Where integral curb
exists, it will be removed as directed by the Engineer.
On open ditch highways where the abutter intends to enclose the
ditch by tiling, a Michigan Department of Transportation Detail
F-4 or other Engineer approved curb and gutter shall be constructed
the full frontage length parallel to highway centerline at a minimum
distance from the road centerline as approved by the Engineer. Other
aspects of such drives will be as described heretofore under Design
Control.
All driveways for the purpose of serving the residents of single
or two family dwellings or a farm yard adjacent to a farm residence
shall be deemed to be residential driveways.
Width
All residential driveways
shall have a minimum width of 10 feet and a maximum width of 20
feet, measured at right-angle to the centerline of the driveway
at the Rights-of-Way line. On curb and gutter streets, a maximum
30 ft. curb opening will be allowed.
All residential driveways
shall meet the traveled way with a curve having a minimum radius
of 5 feet. A flared approach may be substituted for radii with
approval of the Engineer.
Location
1.
No portion of a residential driveway, including the curve which
meets the traveled way, shall extend beyond the property line of
an adjoining parcel of property extended at right-angles to the
centerline of the Rights-of-Way from the point where the property
line meets the Rights-of-Way line, unless written approval of the
adjoining property owner is obtained and a copy filed with the Genesee
County Road Commission.
2.
No portion of a residential driveway, including the curve which
meets the traveled way, shall be located closer than 30’ft
of the spring point of the nearest radius of the intersecting street
or nearest Rights-of-Way line of the intersecting street, whichever
is greater.
3.
No portion of two residential driveways, including the curve meeting
the traveled way, serving the same property shall be located closer
than 30 feet to one another, measured at the Rights-of-Way line
parallel to the centerline of the road.
4.
No portion of a residential driveway, including the curve which
meets the traveled way, shall be closer that 5 feet of an existing
curb inlet basin.
Joint Driveways
When both the property owners abutting a common property line agree,
they may construct a joint residential driveway which shall have
a minimum width of 10 feet and a maximum width of 30 feet and shall
meet all the rules regarding residential driveways, except that
pertaining to location in respect to property lines.
Surface
All residential driveways on curb and gutter streets must be paved
a minimum distance of 10 feet from back of curb toward the Rights-of-Way
lane with one of the following:
5" minimum depth
Portland Cement concrete.
6" minimum depth
bituminous aggregate base and surface placed in
at least two courses.
Residential driveways on other than curb and gutter streets shall
be surfaced with gravel, or paved in accordance with Road Commission
permit specification.
Number of Driveways
One residential driveway will be permitted for each platted lot
except circle drives will be permitted on lots in excess of 70 ft.
frontage or for the first 70 ft. or more of residential property
held in one piece in unplatted areas.
Policy for Driveways at the End of a Certified
Road
On platted road right-of-way, where no road has been constructed
(public or private), the Genesee County Road Commission will issue
up to two (2) driveway permits to use the undeveloped right-of-way
to access property beyond the end of the existing certified road.
Any addition driveway permit applications to use the same right-of-way
for access will require construction of a road, in said right-of-way
meeting Genesee County Road Commission standards, prior to issuance
of a driveway permit. The Genesee County Road Commission will not
be responsible for any of the costs associated with constructing
roads in previously undeveloped right-of-ways.
Any driveway serving cultivated fields, timber land or undeveloped
land not used for industrial, commercial or residential uses shall
be designated a farm field driveway.
Width
1. All farm field driveways shall have a minimum width of 10 feet
and a maximum width of 20 feet measured at right-angles to the centerline
of the driveway at the Rights-of-Way line.
2. All farm field driveways shall meet the traveled way with a curve
with a minimum radius of 10 feet.
Location
No portion of a farm field driveway, including the curve which
meets the traveled way, shall extend beyond the property line of
an adjoining parcel of property extended at right-angles to the
centerline of the Rights-of-Way from the point where the property
line meets the Rights-of-Way line, unless written approval of the
adjoining property owner is obtained and a Copy filed with the Genesee
County Road Commission.
Surface
All farm field driveways shall be seeded or sodded to provide plant
growth which will stabilize the driveway and minimize erosion. Surfacing
will be permitted on request in accordance with requirements herein
applicable to residential drives.
Number of Driveways
A permit "may be granted for a driveway to serve each 10 acres
of cultivated land, timber land or undeveloped land.
Wherever there is an existing
ditch or The Board of County Road Commissioners or its agents
install a ditch, prior to the construction of any type of driveway,
the Engineer shall determine whether or not a culvert is required,
and if so, the size (diameter) and length of culvert required,
and the property owner shall furnish and install the culvert so
determined.
Culverts shall be installed
in line with and on the same grade as the road ditch, unless otherwise
directed by the Engineer.
No culvert of less than
12" diameter shall be installed.
No culvert of less than
22' in length shall be installed.
* All culverts shall be
reinforced concrete pipe or corrugated metal pipe of a thickness
or gage approved by the Engineer and meeting the following specifications:
If the property owner wishes
to use alternate materials, the Engineer shall determine whether
the materials are equal to or better than those above before issuing
a driveway permit.
If the property owner
elects to purchase from the Genesee County Road Commission culvert
pipe for a residential or farm field driveway, it may be purchased
at cost plus sales tax and overhead. The owner may elect to install
the culvert himself or-have it installed by others.
* Revised May 3, 2002
Permit Fees
The Engineer may charge a fee to defray administrative and inspection
costs pertinent to the issuance of driveway permits. Such schedule
of charges shall be commensurate with actual and necessary expenses
and made a part hereof.
The permit fee for residential
or farm field driveway shall be $15.00
The permit fee for
each commercial driveway shall be *$70.00 for 10 or less parking
spaces, $100.00 for more than 10 parking spaces and each additional
drive, plus a permit and plan review charge for underground drainage
facilities based on the size and length required.
Revoking of Permits
A permit may be revoked by the highway authority issuing it if
at any time the permitted object, use or activity fails to meet
the requirements of Public Act 200 of 1969 or rules made in accordance
therewith.
Correcting Violations
Any driveway which is constructed or reconstructed after the effective
date of the rules issued pursuant to Act 200 and which is in violation
of the rules shall be corrected by the owner within a period of
time, not less than 30 days, specified in the notice of violation
sent by certified mail to the owner. If not so corrected within
the time period required by the notice, the highway authority or
its agents may perform the necessary correction and the owner shall
reimburse the highway authority for the reasonable cost of correction.
