Right of Way Issues

Right-Of-Way Permit

A permit is required to be obtained prior to making any removal, repair or replacement of public right-of-way pavement; blocking any portion of Right-of-way for purposes including construction, dumpsters and roll-off containers, moving and storage containers (such as PODS), scaffolding and cranes/ladders/lifts, installing utilities or performing utility repairs or any other work on public property or easement in accordance with City Ordinances.

Conditions for obtaining a permit are as follows
:

  • When required by the City, a detailed traffic control plan in accordance with Michigan Law.
  • When required by the City, locations and numbers of parking meters to be out of service. Payment for out of service or blocked meters shall be on a daily rate per meter.
  • A detailed Engineering plan depicting exiting site features and demolition areas to be in conformance with requirements outlined in the City of Royal Oak Site Plan Design Standards.
  • A separate detailed Engineering plan depicting the proposed dimensions, grading of the pavement and curb areas, landscape areas and other City requirements. Extensive Right-of-way work may require an Engineering Site Plan Review.
  • Contractors doing work in the City of Royal Oak must provide adequate insurance as listed in the City of Royal Oak Insurance Requirements. Insurances required include Workman’s Compensation Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance.  Only those entities that can provide the Insurance Requirements are allowed to obtain a permit.
  • Contractors doing work in the City of Royal Oak must provide adequate performance guarantee [bond] at 125% of the value of the following: traffic control, removal and restoration of the right-of-way as indicated on plans submitted and approved by the Engineering Department, the public utility being installed, etc. Performance guarantee for work valued under $100,000 shall be in the form of cash or a bank Letter of Credit. Amounts in excess of $100,000 may be in the form of cash, bank Letter of Credit, or a Performance Bond issued by a reputable company located in the USA. Performance guarantees for Engineering Department required permits can not be combined with performance guarantees required by other City departments.
  • A completed Right-of-way Permit Application (page 1 of the 13 page document) shall be submitted for a permit along with two original copies of insurance; and cash bond or one original copy of an approved performance guarantee.
  • The Right-of-way permit processing fee and inspection fees are listed on the fee schedule which is updated annually.

 

Closures, Vacations and Easements

Right-of-way Property dedicated for public travel and utility use and owned by the City of Royal Oak, Michigan as shown on surveyor land plat maps recorded at the Oakland County, Register’s Office in the State of Michigan. Right-of-ways typically include roadways and alleys.

Close (alley or roadway): to prohibit vehicular or pedestrian traffic on public property through city commission resolution. Closure may include blocking off access to public property at all access points or at some intermediate point to prevent through traffic.

Vacate (alley or roadway): to distribute ownership to the adjacent property owner through city commission resolution in accordance with the Land Division Act of 1967, often times with easement rights retained. Vacated land is distributed back to the recorded plat from which it was dedicated.

Easement: the right of the city to make limited use of another's real property as granted by a real property owner (GRANTOR) to the city (GRANTEE) and accepted through city commission resolution; rights such as installation of public or quasi-public utilities upon or below, or to gain access to private property for public purposes. Easement documents are recorded at the Oakland County, Register’s Office in the State of Michigan.

Easements are either exclusive or nonexclusive. Most easements in Royal Oak are nonexclusive. Nonexclusive means the GRANTEE (City) cannot prevent the GRANTOR (real property owner) from enjoyment of the land, subject to any special provision written into the easement. Typical provisions require the grantor to gain the permission of the grantee (City) to build within, encroach, close, block etc. the easement. Another provision may require easements to have time limits or be forever and (typically) can only be dissolved or relinquished by the Grantee.

Definitions: Easement [ Law. A right, such as a right-of-way, afforded a person/entity to make limited use of another's real property].

For additional information regarding this subject, contact the City Engineering department at (248)246-3260.

AttachmentSize
[file] RO SITEPLAN DESIGN standards.pdf411.76 KB
[file] RO Site Plan Review Application.pdf48.8 KB
[file] RO Insurance Requirements.pdf12.43 KB
[file] RO ROW PERMIT.pdf196.14 KB
[file] Engineering Fee Schedule.pdf5.26 KB

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