Municipal Code
CHAPTER 1020 Street Construction
1020.01 Authority of Council required.
1020.02 Hard surfacing required.
1020.03 Guarantee deposits.
1020.04 Permit required; insurance.
1020.05 Permit fee; plans; maintenance bond.
1020.06 Construction standards.
1020.07 Effect of plat approval.
1020.08 Authority of Council preserved.
1020.09 Violations.
1020.99 Penalty.
CROSS REFERENCES
Streets generally - see CHTR. Ch. XI
Use of streets by utilities for wires, poles, etc. - see
CHTR.
Ch. XII, §5
Construction of streets in subdivisions - see P. & Z.
1225.06
Zoning of streets - see P. & Z. 1268.01
Street name signs - see B. & H. 1474.16(a) (3)
1020.01 AUTHORITY OF COUNCIL REQUIRED.
Except as otherwise provided in Sections 1020.02 et
seq., no person or group of persons, in any way or by
any means, shall change, alter, repair or attempt to
service, or hire, contract for or authorize the change,
alteration, repair or service of, any Village road or
street, or part thereof, without first being authorized
to do so by Council.
(Ord. 6. Passed 4 19 56.)
1020.02 HARD SURFACING REQUIRED.
After the effective date of this chapter, no person or
organization shall plat land or improve existing platted
roads without making provisions to hard surface all such
public roads therein in accordance with the provisions
of this chapter.
(Ord. 20. Passed 6 16 64.)
1020.03 GUARANTEE DEPOSITS.
At any time of approval of a plat of land, or prior to
the start of roadway construction on a presently platted
area, there shall be presented to Council a security
deposit for construction of the road and a maintenance
bond for maintaining the road for a 12-month period
after acceptance of completed construction, as follows:
(a) The security deposit and maintenance bond shall be
in the form of a cash deposit, a certified check or an
acceptable and binding surety bond equal to one hundred
percent of the estimated contract price as determined by
the Village Engineer for the complete construction,
including, but not limited to, site preparation,
grading, ditching, road bed preparation, finished hard
surfacing and the inspections thereof.
(b) Said security deposit shall be made to the Village
Treasurer to guarantee the completion of the
construction in compliance with all requirements of this
chapter and shall remain in force for a period of 12
months after acceptance of completed construction.
(c) When the construction is complete as to construction
details, a refund of the security deposit or a reduction
of surety bond requirements equal to forty percent of
the value of the security deposit will be made, provided
that the Village Engineer certifies that the
construction has been inspected and was made to comply
with construction standards.
Final release of the security deposits shall be made
upon final review and acceptance of the roads by Council
after reviewing the written reports of the Village
Engineer and the Road Administrator pertaining to said
construction.
Acceptance of said roads shall be made within the
12-month period after the construction completion date.
(d) If the road construction is not acceptable at the
termination of the 12-month period after the
construction completion date, the owner and/or bonding
organization shall be directed forthwith to make the
necessary corrections to comply with all construction
requirements or forfeit the security deposit on demand.
(Ord. 20. Passed 6 16 64.)
1020.04 PERMIT REQUIRED; INSURANCE.
Prior to the start of any construction on any road or
street in an approved subdivision, the owner or
contractor shall request a road construction permit from
the Village Clerk. To obtain the same, the contractor
shall present to the Road Administrator and the Village
Engineer certificates of proper and acceptable insurance
covering worker's compensation, employers liability
insurance and public liability and property damage
insurance in adequate amounts and which agree to save
harmless the Village from any action, claims or court
proceedings arising out of or in connection with the
performance of the contractor's work or alleged
negligence of the contractor's employees, the owner or
the agents thereof. Insurance coverage limits shall be
determined by Council standards for the construction
project under consideration.
(Ord. 20. Passed 6 16 64.)
1020.05 PERMIT FEE; PLANS; MAINTENANCE BOND.
Three sets of completed plans shall be filed for
approval by the Village Engineer, together with a
certified check payable to the Village of Franklin. Said
check shall be in an amount equal to three and one-half
percent of the cost of the project as estimated by the
Village Engineer and shall constitute the permit fee.
Said fee shall be used to defray the cost of checking
plans and the cost of initial inspection of construction
by the Village. A maintenance bond shall guarantee
payment of all reinspections plus twenty-five percent.
The maintenance bond will be released twelve months
after acceptance of the road. (Ord. 20. Passed 6 16 64.)
1020.06 CONSTRUCTION STANDARDS.
(a) All road construction shall conform to the current
issue of Village of Franklin, Michigan, Minimum
Requirements for Roadway Construction, or such other
standards as may be established from time to time by
Council or by State law or regulation, and shall
coincide with the complete plans as finally approved by
the Village Engineer.
Variations from these requirements can only be granted
with the written consent of both the Village Engineer
and the Road Administrator. Such variations shall be
noted on the completed plans prior to proceeding with
the variation.
(b) Hard-surface construction placed upon the road bed
construction shall be equivalent in analysis, capacity
and method of application to the latest approved
specification used for hard-surface roads in the
Village.
(c) All hard surfaces shall be applied to conform to
Michigan Department of Transportation standards of
construction and shall be applied only by contractors
who are currently pre-qualified by such Department for
the required type of construction.
(Ord. 20. Passed 6 16 64.)
1020.07 EFFECT OF PLAT APPROVAL.
Approval of a plat shall not be deemed to constitute or
effect an acceptance by the public of any street or
other open space shown upon the plat. Further,
compliance with this chapter shall not relieve an owner
and/or contractor from the responsibility of complying
with all applicable provisions of these Codified
Ordinances or of any ordinance of the Village. (Ord. 20.
Passed 6 16 64.)
1020.08 AUTHORITY OF COUNCIL PRESERVED.
Nothing in this chapter shall be construed to impair the
authority of Council to control the public roads. (Ord.
20. Passed 6 16 64.)
1020.09 VIOLATIONS.
A refusal to comply with this chapter shall be deemed to
exist if the alleged violator has not complied with this
chapter within ten days of the time a registered or
certified letter, notifying him or her of the violation,
has been mailed to him or her at his or her last known
address. (Ord. 20. Passed 6 16 64.)
1020.99 PENALTY.
(EDITOR'S NOTE: See Section 202.99 for general Code
penalty if no specific penalty is provided.)
