Webster Township is working on a Private Roads Amendment in its Code of Ordinances that could have an impact around the township. A special meeting has been scheduled for September 10 to discuss the standards regulating existing non-compliant roads and shared driveways.
The township said the amendment is only a proposal to start the discussion and the Township Board has not reviewed it fully yet. The special meeting is scheduled to discuss it further. There are opportunities for residents to voice their opinions.
The township is working to better inform the community what this all means. To do this and in response to questions and concerns from residents, the township put together an FAQ informational resource to answer some questions.
It begins by saying, “The primary reason for the amendment is to ensure safe access for emergency vehicles to protect our residents.”
The township said over the years many private roads and shared driveways were built without meeting safety standards for fire trucks and emergency vehicles while the “current ordinance only kicks in when someone builds on a vacant lot or splits a lot, but it doesn’t explain how to handle past issues.”
In addition, the township said the current ordinance provides no guidance on how to address the noncompliance issues that were created in the past.
“This leaves residents with an unfair burden of meeting today’s standards entirely on their own,” the township’s FAQ (frequently asked questions) resource states. “The Board is working on this amendment to strike a balance, addressing existing noncompliance while creating a fair path to bring roads closer to current standards to ensure safe access. The Board agrees that the problems with noncompliant private roads and shared driveways aren’t the residents’ fault. Homeowners didn’t do anything wrong, the real issue is that, for many years, the Township didn’t consistently follow its own ordinance.”
The Sun Times News connected with Webster Township Treasurer and Dexter Area Fire Department Board member John Scharf to ask about the proposed amendment. Scharf said the Webster Township Board has considered many different draft proposals with the intention to update and improve the existing private road ordinance.
“Historically, Webster has regulated driveways, defined as serving up to three residences with the ‘zoning’ ordinance, and private roads, defined as serving four or more residences, with a ‘police power’ ordinance,” Scharf said. “The ordinance type is important since the zoning enabling act provides for grandfathering of lawful nonconforming parcels. A police power ordinance however is generally intended to regulate the entire district uniformly once enacted.”
As to why this is happening, Scharf said, “Well, over the years, homes were permitted on shared driveways that were not designed or allowed to adequately service four or more houses. Now, situations exist where it is problematic for the Fire Department to access some property effectively.”
He said as a member of the Fire Department Board, he’s committed to public safety and the safety of first responders and he also believes in personal freedom and personal responsibility.
“In my dual roles I want to work with the Township Board and the Planning Commission to find the balance desired by the citizens of Webster,” said Scharf.
The FAQ addresses a number of questions, including, does this mean every road and shared driveway must be brought into compliance right now?
The answer:
“The draft proposes that roads may be required to meet standards only if:
1. A new single-family home is proposed on a vacant lot, or
2. A vacant lot is proposed to be split further. Even then, the level of upgrades will be determined on a case-by-case basis and a variance option will also be available. There may be a time an upgrade may be required if the Board identifies a serious safety concern or if the residents volunteer. Either way, it has to go through a process, options are discussed over reasonable time before any enforcement is pursued.”
As to the amendment and its wording, Scharf said this is a work in progress and the outcome is not yet known.
He said, “Since I have serious concerns about the current draft, and not once since I was first elected in 2016, has any resident or property owner told me that they want the Township to regulate their driveway, I encourage all stakeholders to let the Board know what they want.”
In his opinion, he said, “the current draft language overregulates driveways. It could create a significant financial burden to widen existing driveways and result in the removal of hundreds or perhaps thousands of trees. We should protect the rural character and natural beauty of our Township.”
The draft ordinance language is available at the Webster Township website: www.webstermi.us
Scharf said they hope that people will attend the township meetings and/or write to the entire township board at “[email protected]” to let them know the community’s views on this.
The Sun Times News will have another story on this as follow up to the meeting on the 10th.
8123 Main St Suite 200 Dexter, MI 48130
