Natural Beauty Roads Procedures

Purpose

To establish procedures to be followed in considering petitions in requisition the designation of a Natural Beauty Road under Public Act 451 of 1994, part 357.

Information

Initiating citizens should be invited for a preliminary meeting with Staff to review the statutory requirements under the Act. Staff should advise whether the proposed road is designated “County Local” as Act requires. An explanation of the petition’s requirements for the particular circumstances will be provided to the initiating citizens. Petitioners are encouraged to discuss their proposal with the appropriate Township officials and property owners along the roadway prior to submitting the petition.

Procedure

The following procedure is understood to comply with Public Act 451 of 1994 and is to be followed by those individuals and units cited below.

Petitioner

Submits petition to Managing Director.

Managing Director

Reviews petition for propriety and sufficiency. If deficient returns to petitioner with comments otherwise, refers petition to Traffic & Safety for processing.

Traffic and Safety

Checks road in question to determine “County Local” classification per latest certification map. Public Act 451 precludes designation of “County Primary” Road

• If not a County Local Road, returns petition to primary petitioner with letter of explanation.
• Otherwise, if it is a County Local Road and on the County Boundary, check the current certification map to determine which county had maintenance responsibility and authority to designate as a Natural Beauty Road.
• If it is a County Local road, which is a township boundary, petitions must be submitted by at least 25 freeholders of each township; both townships will be invited to comment on designation at the public hearing.
• If it is a County Local road which traverses two (or more) townships, the road will be broken into segments at the township lines and separate petitions from each township will be requested for each segment, to be followed by separate hearings and Board decisions.

Sends copy of petition to the appropriate township(s) to have each signature on the petition checked against county records of property ownership; at least 25 persons must be freeholders in the township(s) in which the road is located in accordance with Public Act 451.

Prepares Board Resolution to accept or reject petitions; 25 or more valid signatures are automatic acceptance.

Accepts validity of petitions and authorizes staff to establish a Natural Beauty Road public hearing. Otherwise, rejects and refers petition to Traffic and Safety for return to citizen representative accompanied with letter of explanation.

If Board accepts petition, determines names and addresses of owners of property along roadway segment proposed for designation.

Schedules a public hearing at the local township hall(s) or other suitable place within the township(s) by discussing possible dates with citizen representative, township supervisor(s) and/or township clerk(s) and makes room reservation(s) in accordance with Public Act 451 of 1994. (Public hearing must be scheduled within six (6) months of date or receipt of the petition in accordance with Public Act 451).

Prepares official notices indicating public hearing purpose, location, and time, and requesting official comments.

Arranges for newspaper (at least one) of general circulation in the County to publish an official notice at least once each week for two (2) successive weeks not less than ten (10) days before the hearing in accordance with provisions of Public Act 451 of 1994.

Sends an official notice to township for posting in township hall.

Sends an official notice to citizen representative of petitioners.

Contacts property owners by mail to notify of proposal for designation and time of scheduled public hearing.

Posts official notices in five (5) public and conspicuous places along the section of road in question not less than ten (10) days before the hearing in accordance with

Sends official notices and invitations to comment to all appropriate utility

companies and to those public agencies owning frontage on the road.

Prepares roadway evaluation in correlation with guidelines.

Conducts public hearing and tape records proceedings in accordance with Public Act

Requests resolution by township(s) indicating degree of support, if such has not yet been received.

Prepares public hearing summary report for WCRC records which documents support for, or opposition to, the request. Also, staff will indicate the degree to which the road meets or doesn’t meet the guidelines set forth in the Guidelines For Granting

Staff prepares alternate resolutions for both acceptance and denial; Board decision must be made within 30 days of public hearing in accordance with Public Act 451 of 1994.

Board

Entertains discussion and reaches decision on designation during appropriate meeting in accordance with Public Act 451 of 1994.

Traffic and Safety 22. Files a true copy of approved resolution with Office of County Clerk in accordance with Public Act 451 of 1994.

Notifies the following of the road designation, if approved: Township Clerk & Supervisor: All Utility Companies; Petitioner’s Representatives; All WCRC Departments; Michigan Department of Natural Resources; Newspaper

Prepares and sends letter of explanation to citizen representative and Township, if designation is denied.

Prepares Natural Beauty Road signs and erects one on each end of the designated road in accordance with Public Act 451 of 1994.

Conducts five (5) year review of Natural Beauty Road through roadway evaluation and

Presents findings of this review to the Board.

If Board determines that withdrawal of the designation may be warranted, a public hearing is scheduled in accordance with procedures previously outlined.

Within 30 days following the public hearing, the Board reaches a decision to revoke or maintain designation.

If Board’s decision is to revoke designation; a notice is filed with the County Clerk and published in a newspaper of general circulation, once each week for two (2) successive weeks.