(a) General Provisions.
(1) Short title. This Section of these Codified Ordinances shall be known and may be cited as the "City of Battle Creek Subdivision Control Ordinance" or the "Subdivision Regulations."
(2) Purpose and intent. The purpose of these Subdivision Regulations is to regulate and control the subdivision of land within the City in order to promote the safety, public health and general welfare of the community. These Regulations are intended to:
A. Provide for the orderly growth and harmonious development of the community;
B. Ensure adequate traffic circulation through coordinated street systems with proper relation to major thoroughfares, adjoining subdivisions and public facilities;
C. Provide for individual property lots of maximum utility and livability;
D. Ensure adequate provision for water, drainage and sanitary sewer facilities and other health requirements; and
E. Make provision for adequate recreational areas, school sites and other public facilities.
(3) Authority. These Subdivision Regulations are enacted pursuant to the statutory authority granted by the Land Division Act, Public Act 288 of 1967, as amended, being MCL 560.101 et seq., and the Certification of City and Village Plats Act, Public Act 222 of 1943, as amended, being MCL 125.51 et seq.
(4) Interpretation; Conflict of Laws. These Subdivision Regulations shall not apply to any lot forming a part of a subdivision created and recorded prior to the effective date of these Regulations (Ordinance 10-2020, adopted on November 24, 2020), except for further dividing of existing lots, nor is it intended by these Regulations to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, ordinances or regulations, or with private restrictions placed upon property by deed, covenant or other private agreements, or with restrictive covenants running with the land to which the City Commission is a party. Where these Regulations impose a greater restriction upon land than is imposed or required by an existing provision of any other ordinance of the City Commission, these Regulations shall control.
(5) Amendments; Repeals.
A. The City Commission may, from time to time, amend, supplement or repeal any of the provisions of any of these Subdivision Regulations.
B. A proposed amendment, supplement or repeal may be originated by the City Commission or the Planning Commission or by petition. Any proposal not initiated with the Planning Commission shall be referred to it for a report thereon before any action is taken on the proposal by the City Commission.
(6) Separability. Should any section, clause or provision of these Subdivision Relations be declared by the courts to be invalid, the same shall not affect the validity of these Subdivision Regulations as a whole or any part thereof other than the part so declared to be invalid.
(b) Administration, Enforcement and Penalty.
(1) Authority of Planning Commission.
A. These Subdivision Regulations shall be administered by the Planning Commission by authority granted in the City Charter and in accordance with the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended, being MCL 125.3801 et seq., and the Land Division Act, Public Act 288 of 1967, as amended, being MCL 560.101.
B. The Planning Commission may recommend to the City Commission provisions of an ordinance or rules governing the subdivision of land authorized under section 105 of the Land Division Act, Public Act 288 of 1967, as amended, being MCL 560.105. The Planning Commission may proceed under this subsection on its own initiative or upon the request of the City Commission.
C. Before recommending an ordinance or rule as described in subsection B. above, the Planning Commission shall hold a public hearing on the proposed ordinance or rule. The Planning Commission shall give notice of the time and place of the public hearing not less than fifteen days before the hearing by publication in a newspaper of general circulation within the City.
(2) Prerequisites for recording subdivisions. The Planning Commission shall review and make recommendations on plats before action by the City Commission under section 112 of the Land Division Act, Public Act 288 of 1967, as amended, being MCL 560.112. No subdivision located within the City shall be received or recorded by the County Register of Deeds until such subdivision has received final approval and been signed by the Planning Commission and the City Commission.
(3) Penalty; equitable remedies.
A. A person who violates or fails to comply with any of the provisions of these Subdivision Regulations is responsible for a Class C Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
B. Nothing contained in these Subdivision Regulations or in Section 202.98 shall prevent the Planning Commission, the City Commission or any other public official or private resident from taking such lawful action as is necessary to prevent or remedy a violation of any of the provisions of these Subdivision Regulations.
(c) Subdividing and Platting Requirements.
(1) Subdivision of land; surveys and plats.
A. Any division of land which results in a subdivision shall be surveyed and a plat thereof shall be submitted, approved and recorded as required by these Subdivision Regulations.
B. Plats of retracement or boundary surveys made by a department or agency of the United States or of State owned lands made by a department or agency of the State for the retracement and division of public lands in accordance with the survey instructions issued by the United States Department of the Interior, may be recorded with the Register of Deeds of the county in which the lands represented on such plats are situated and need not comply with the Land Division Act and this section, except that the plat size shall be as provided in the Land Division Act.
C. A survey and plat shall be made when any amendment, correction alteration or revision of a recorded plat is ordered by a Circuit Court.
D. Urban renewal plats authorized by the governing body of a municipality, as provided in the Blighted Area Rehabilitation Act, Public Act 344 of 1945, as amended, being MCL 125.71 et seq., shall conform to these Subdivision Regulations.
(2) Replats; vacation required; exceptions. A replat of all or any part of a recorded subdivision plat shall not be approved or recorded unless proper court action has been taken to vacate the original plat or the specific part thereof, with the following exceptions:
A. When all the owners of lots which are to be part of the replat agree in writing thereto and record the agreement with the Register of Deeds, together with proof that notice has been given to the abutting property owners by certified mail, and the governing body of the municipality in which the land included in the recorded plat is situated has adopted a resolution or other legislative enactment vacating all areas dedicated to public use within the proposed replat;
B. When the Assessor's plats are made, approved and recorded as provided in the Land Division Act; and
C. When the urban renewal plats are authorized by the governing body of the Municipality, as provided in Act 344 of the Public Acts of 1945, as amended. Roads, streets, alleys and other public places shall be vacated in accordance with the provisions of law.
(d) Procedures for Submission of Plats.
(1) Pre-application contact. The purpose of the pre-application stage is to provide the subdivider with an opportunity to avail theirself of the advice and assistance of the Planning Division and the many agencies involved in subdividing, before the preparation of the preliminary plat and its submission for approval, in order to save himself time and money and to make the most of his opportunities. Nothing in this section shall be so construed as to require any application contact. A subdivider may elect to begin subdividing by submitting a primary plat in accordance with Section 1250.02 (d) (2) A.
(2) Preliminary plat procedures. Before making or submitting a final plat for approval, the subdivider shall make a preliminary plat and submit copies to authorities as provided in the Land Division Act.
A. Copies of preliminary plat.
1. The subdivider shall submit four copies of the preliminary plat and other data to the City Clerk, one of which shall be on reproducible material.
2. The City Clerk shall cause the submitted copies of the plat to be forwarded to the Planning Commission for its study and approval. The Planning Commission shall advise the City Commission of its recommendation concerning the preliminary plat.
3. The Planning Commission shall function to coordinate the requirements of all other City departments for inclusion in the plan, by distributing the plan to those related departments involved in providing public services as may be deemed necessary to any given plan. The Planning Commission, in its report to the City Commission, shall advise the City Commission of these elements of the plan.
B. Abstract of title. The subdivider shall submit an abstract of title, certified to the date of the proprietor's certificate, which establishes the recorded ownership interest of all parties of interest and which is accompanied by an attorney's opinion based on such abstract as to the ownership and marketability of title to the land or, in the alternative, the subdivider shall provide a certificate of title insurance.
C. Notice of hearing. The Planning Commission shall not take action on a proposed plat without affording an opportunity for a public hearing. A plat submitted to the Planning Commission shall contain the name and address of the proprietor or other person to whom notice of a hearing shall be sent. Not less than fifteen days before the date of the hearing, notice of the date, time, and place of hearing shall be sent to that person at that address by mail and shall be published in a newspaper of general circulation in the City of Battle Creek. Similar notices shall be mailed to the owners of land immediately adjoining the proposed platted land.
D. Approval of Planning Commission. The Planning Commission shall recommend to approve, approve with conditions, or disapprove the plat within sixty-three days after the referral thereof to it. If applicable standards under the Land Division Act, Public Act 288 of 1967, as amended, being MCL 560.101 et seq., and this chapter or published rules governing the subdivision of land authorized under section 105 of that act, MCL 560.105, are met, then the Planning Commission shall recommend approval of the plat. If the Planning Commission fails to act within the required period, then such plat shall be deemed to have been recommended for approval, and a certificate to that effect shall be issued by the Planning Commission upon request of the proprietor. The proprietor, however, may waive this requirement, in writing, and consent to an extension of such period. The grounds for any recommendation of disapproval of a plat shall be stated in the records of the Planning Commission.
E. Tentative approval.
1. The City Commission, within thirty days from the date of the Planning Commission action, shall tentatively approve and note its approval on the copy of the preliminary plat to be returned to the subdivider or set forth in writing its reasons for rejection and requirements for tentative approval.
2. Tentative approval, under this section, shall confer upon the subdivider, for a period of one year from its date, approval of lot sizes, lot orientation and street layout. Such tentative approval may be extended if applied for by the subdivider and granted by the governing body in writing.
F. Preliminary approval.
1. After tentative approval of the preliminary plat by the City Commission, the subdivider shall:
a. Submit copies of the preliminary plat to all public agencies, as required by the Land Division Act Subdivision Control Act;
b. Submit a list of all such authorities to the City Clerk, certifying that the list shows all authorities as required by the Land Division Act; and
c. Submit all approved copies to the City Clerk, after all necessary approvals are obtained.
2. The City Commission, after receipt of the necessary approved copies of the preliminary plat and after a report from the Planning Commission certifying that all conditions and requirements imposed upon the plat at the time of tentative approval have been complied with, shall, within twenty days of receipt of the necessary data, consider and review the preliminary plat.
G. Effective period of approval. The granting of preliminary approval by the City Commission shall be for two years from the date of approval. Failure on the part of the subdivider to proceed under the provisions of these Subdivision Regulations, in accordance with final plat procedures within this two-year period, shall result in the automatic withdrawal of the preliminary approval. If any portion of a preliminary plat has been finally platted, the same shall constitute an automatic extension for two years. In order to reinstate the preliminary plat, the subdivider must again proceed through the pre-application and preliminary plat preparation and submittal states, in accordance with these Subdivision Regulations, provided, however, that the City Commission may make exception hereto and grant an extension.
H. Model homes. Construction of up to four model homes in a new subdivision is permitted, but only under the following conditions:
1. The model shall be constructed on proposed lots and in accordance with all conditions or regulations which would be in effect if the final plat were recorded.
2. The final plat has been submitted to the Planning Commission for approval.
3. No certificates of occupancy shall be issued until such time as the plat has been recorded and all utilities and improvements have been installed and accepted by the City.
(3) Final plat; application procedures and approval. The final plat shall conform substantially to the preliminary plat as approved by the Planning Commission. If desired by the subdivider, the final plat may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time, provided that the approved preliminary plat comprises more than twenty-five single or two-family lots or ten acres, whichever is less, or, in the case of a multifamily, commercial or industrial development, more than ten acres. The final plat shall conform to the provisions of the Land Division Act.
A. Submittal. Prior to filing the final plat with the City Clerk for transmittal to the City Commission, the subdivider shall submit to the Planning Commission a written application for approval of the plat along with five copies of the final plat and one set of the final construction plans, drawn on linen or mylar (if the plans are to be drawn by the developer's engineer), and two copies of any landscaping plans as may be required. Such application shall be submitted not less than ten days prior to the regular monthly meeting of the Planning Commission at which the application is to be considered.
B. Review. Prior to consideration of the final plat by the Planning Commission, the City Engineer shall review the plat and the accompanying construction plans to determine their conformity to engineering specifications and improvement plans proposed in the preliminary plat. The Planning Division shall also review the final plat application and determine its conformity or nonconformity with the lot layout, street design and other proposals contained in the approved preliminary plat. The City Engineer and the Planning Division shall certify their approval or disapproval of the plat, in writing, and submit it to the Planning Commission for its consideration.
C. Approval.
1. If the final plat is in substantial agreement with the preliminary plat previously approved by the Planning Commission, the Planning Commission shall prepare a report on its recommendations to the City Commission. The Secretary of the Planning Commission shall sign the plat indicating the Planning Commission's approval of the plat. The signed copies and recommendations shall then be transmitted to the City Commission. A copy of the Planning Commission's report shall be retained in the files of the Planning Commission.
2. If the final plat does not conform to the street arrangement and other aspects of the approved preliminary plat, or to preliminary utility and facility plans, the Planning Commission shall prepare a report to the City Commission setting forth the points at which the plat fails to conform to the approved preliminary plat and recommending to the City Commission that it disapprove the plat until the Planning Commission's objections have been overcome. The plat and the accompanying report shall be forwarded immediately to the City Commission. A copy of the report shall be retained in the files of the Planning Commission.
3. A plat approved by the City Commission and recorded under section 172 of the Land Division Act, Public Act 288 of 1967, as amended, being MCL 560.172, shall be considered an amendment to the master plan and a part thereof. The approval of the final plat by the City Commission does not constitute or effect public acceptance of any street, rights of way, easements, or other open space shown upon the plat.
(4) Fees. When the preliminary plat is submitted to the City Clerk pursuant to Section 1250.02(d)(2)F., the subdivider shall deposit a filing fee as set forth in the fee schedule enacted from time to time by the City Commission.
(5) City Commission approval. The City Commission shall review the final plat and the report the Planning Commission at a City Commission meeting held within fourteen days of receipt and approve or disapprove the final plat within twenty days of the filing of the plat with the City Clerk by the Planning Commission, in accordance with Section 1250.02 (d)(3)C. If approved, the plat shall then follow the procedures set forth in the Land Division Act.
(6) Performance contract for public improvements.
A. The City Commission, before giving approval to the final plat, shall require that a contract with a subdivider be drawn up, approved and signed to ensure performance of the conditions which will lead to the completion of all required public improvements. To ensure performance of such contract, the City Commission may require financial security as provided in Section 1250.02(g)(8).
B. The subdivider may elect to install or cause to be installed, prior to the approval of the final plat, all or part of the required public improvements. In such case, the subdivider shall, at the time of final plat approval, provide financial security for any remaining public improvement obligations.
C. Any improvements made to the property by the subdivider shall be inspected by the Municipality for conformity with Municipal standards. Such inspections shall be charged against the subdivider. These charges shall be paid in full prior to the final plat approval.
(7) Submission of final plats to the County Plat Board. After the final approval of the final plat has been given by the Planning Commission and the City Commission, the City Clerk shall forward one copy, on mylar, of the final plat, together with the required fee, to the County Plat Board.
(e) Specifications for Plans and Plats.
(1) Minimum information required in pre-application stage.
A. Since the pre-application stage is established to encourage subdividers to determine the procedures and requirements of various agencies concerned with platting prior to the expenditure of funds for plat preparation, only a minimum amount of information is needed. The required minimum information to be submitted is as follows:
1. Adequate information to locate the proposed subdivision;
2. The relationship of the proposed plat to the surrounding area;
3. The location of uses other than residential which are ancillary to the development;
4. The general topographic characteristics of the area;
5. The location of proposed utilities and methods of refuse collection; and
6. Any other information the proprietor may consider necessary.
B. The pre-application stage should be considered as an administrative procedure which is separate from these Subdivision Regulations and which may be utilized at the discretion of the proprietor.
(2) Contents of preliminary plat; preliminary engineering plans.
A. The preliminary plat shall be at a scale of not smaller than 200 feet to one inch.
B. The following information shall be shown on or submitted with the preliminary plat:
1. The title of the proposed subdivision;
2. The name, address and telephone number of the proprietor or subdivider and the name, address, telephone number and seal of the surveyor or engineer preparing the plat;
3. The names of adjoining subdivisions;
4. The location of the subdivision, giving the number of the section, township and range, and the name of the township, county and State;
5. A map indicating plans for the development of the entire area, if the proposed plat is a portion of a larger holding intended for subsequent development;
6. The location map showing the relationship of the proposed plat to the surrounding area, which shall include the names of adjacent subdivisions; the layout of streets, indicating street names; right-of-way widths and connections with adjoining platted streets; widths and locations of alleys, easements and public walkways adjacent to or connecting with the proposed subdivision; and the layout and dimensions of lots adjacent to the proposed subdivision;
7. Lot lines and the total number of lots in each block or other portion;
8. Streets, street names, rights of way and roadway widths;
9. Other rights of way or easements, showing location, width and purpose, as available;
10. Existing topography at two-foot contour intervals, showing all existing natural features and proposed extensive grading and landfilling, with all topographic data relating to United States Geological Survey data;
11. The location of the floodplain according to the City Engineer, the U.S. Army Corps of Engineers or the Waterways Commission, if the plat includes or is adjacent to lands that may be flooded;
12. Proposed and existing storm and sanitary sewers, water supply and methods of refuse disposal;
13. All existing structures and other physical features which would influence the layout and design of the subdivision;
14. Proposed sites, if any, for multifamily dwellings, shopping centers, churches, industries and other nonpublic uses, exclusive of single-family dwellings;
15. A legend indicating the total acreage contained within the plan and the total acreage and percentage in lots, road allowances, parks and other uses;
16. Any sites proposed for parks, playgrounds, schools or other public uses;
17. The date, north arrow and graphic scale;
18. The existing zoning of the proposed subdivision and adjacent tracts;
19. The location of the last flood of record according to the City Engineer, the Waterways Commission, the U.S. Army Corps of Engineers or a like source, if the plat includes or is adjacent to such flooded lands;
20. Plans and specifications of the soil erosion and sedimentation control measures in accordance with standards and specifications of the Natural Resources and Environmental Protection Act, Public Act 347 of 1972, as amended, being MCL 324.101 et. seq. and rules established thereunder; and
21. A site report from the Health Department for a subdivision that will not be served by public water and sewers. The information listed therein, which is not required elsewhere in these Subdivision Regulations, shall be submitted as part of the application for preliminary plat approval.
C. Preliminary engineering plans may be submitted for street, sewer and other public improvements required by these Regulations. These plans shall contain enough information and detail to enable the City Engineer and other responsible agencies to make a preliminary determination as to the conformity of the proposed improvements.
(3) Final plat; final engineering plans. The preparation of a final plat shall be in accordance with the Land Division Act. Final engineering plans, profiles, cross-sections and specifications for improvements required to be installed by these Subdivision Regulations shall meet the specifications established by the City Engineer or the minimum specifications provided by the respective agencies as required in Section 1250.02 (d)(3)A. Such final engineering plans shall accompany the final plat.
(f) Design Standards.
(1) Conformity to the master plan. The proposed subdivision and its ultimate use shall be in conformity with the master plan, as adopted, and shall not encroach upon any area designated in such plan for future public use.
Where such conflict appears and the land in question is otherwise suitable for subdividing, the City Commission, or in the case of a school site, the Battle Creek Public Schools or the Lakeview Public Schools, in its tentative consideration, shall decide whether or not to implement such plan. If the City Commission or a Board of Education elects to implement such plan, it shall declare its intent to purchase the land within ninety days and shall accomplish the acquisition within two years.
Land which the Planning Commission has found to be unsuitable for subdivision development due to flooding, poor drainage, soil conditions or other features which are likely to be harmful to the health, safety and welfare of future residents shall not be subdivided unless satisfactory methods of correction are formulated by the subdivider and approved by the Planning Commission.
A street; square, park, playground, public way, ground or other open space; or public building or other structure shall not be constructed or authorized for construction in an area covered by a City master plan unless the location, character, and extent of the street, public way, open space, structure, or utility have been submitted to the Planning Commission by the legislative body or other body having jurisdiction over the authorization or financing of the project and has been approved by the Planning Commission. The Planning Commission shall submit its reasons for approval or disapproval to the City Commission. If the Planning Commission disapproves, then the City Commission may overrule the Planning Commission by a vote of not less than 2/3 of its entire membership. If the Planning Commission fails to act within thirty- five days after submission of the proposal to the Planning Commission, then the project shall be considered to be approved by the Planning Commission.
(2) Floodplain development.
A. No building shall be located on any portion of a lot lying within the floodplain, unless approved in accordance with the rules of the State Waterways Commission.
B. The natural floodplain may be altered if its original discharge capacity is preserved and the stream flow is not revised so as to affect the riparian rights of other owners.
C. Alteration of any floodplain area shall be based upon a plan approved by the Planning Commission and the State Waterways Commission.
(3) Streets right-of-way.
A. The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by such streets.
B. Street right-of-way widths shall be designed in conformance with current design policy guidance and standards published by the American Association of State Highway Transportation Officials (AASHTO), the National Association of City Transportation Officials (NACTO), or the Federal Highway Administration (FHWA).
C. Street right-of-way easements may be required to ensure adequate access, utility service, circulation and parking in subdivisions.
D. Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional width for the existing street may be required in conformity with the standards outlined in subsection (f)(3)B. hereof.
E. If the City Commission deems that additional rights of way is necessary, it shall enter into an agreement to purchase the land within ninety days and shall accomplish the acquisition within two years, except for expressways and freeways.
F. Dedication of expressway and freeway rights of way shall not be required. These rights-of-way may be reserved for public acquisition in accordance with the Certification of City and Village Plats Act, being Act 222 of the Public Acts of 1943, as amended, being MCL 125.51.
G. Local streets shall be so arranged as to discourage their use by through traffic. Curvilinear street design is recommended for residential streets to discourage excessive speeds and to provide attractive vistas.
H. The street arrangement in a subdivision shall provide for the continuation of existing streets in surrounding areas and shall provide for suitable access to adjoining unplatted areas.
I. Where a proposed subdivision abuts or contains a major street, or arterial, the Planning Commission may require marginal access streets, reverse frontage lots containing a ten-foot nonaccess reservation with screen plantings along the rear property line or such other treatment as may be necessary for the adequate protection of residential properties and the separation of through and local traffic.
J. Intersections on major or minor arterial streets shall be located not less than 650 feet apart, measured from centerline to centerline, unless the approved design allows for a lesser distance.
K. Where a proposed subdivision abuts or contains a railroad right of way, expressway or other limited access highway, the Planning Commission may require a street approximately parallel to and on each side of such right of way at a distance suitable for the appropriate use, with due regard for the requirements of approach grades for future bridge or grade separations.
M. There shall be no private streets, lanes or ways platted in any subdivision, except under the special design considerations mentioned in Section 1250.02(g)(9).
N. Half streets are prohibited, except where unusual circumstances make it essential to the reasonable development of a tract, in conformity with these Subdivision Regulations, and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract.
O. Dead-end streets are prohibited, except those designed as permanent cul-de-sacs or those required for future access to adjacent unplatted property. Temporary turnaround arrangements for dead-end streets which will be extended in the future may be required by the Planning Commission.
P. Cul-de-sac streets shall be no longer than 600 feet and shall contain, at the closed end, a turn-around having an outside road pavement diameter of not less than 100 feet and a street property line diameter of not less than 130 feet. Special consideration shall be given to longer cul-de-sac streets under unusual conditions.
R. To ensure adequate sight distance, horizontal and vertical curves shall conform to current design policy guidance and standards published by the American Association of State Highway Transportation Officials (AASHTO), the National Association of City Transportation Officials (NACTO), or the Federal Highway Administration (FHWA).
S. Streets shall intersect one another at right angles or as nearly at right angles as conditions permit. No street shall intersect another at an angle of less than eighty degrees.
1. "T" intersections of minor streets are to be encouraged.
2. Multiple intersections involving the junction of more than two streets are prohibited.
3. No minor street intersecting with a major street or thoroughfare shall have a tangent section of the centerline less than fifty feet in length starting at the property line of the major street.
T. No street names shall be used which will duplicate or be confused with the names of existing streets within the area of jurisdiction of these Subdivision Regulations. Street and subdivision names and house numbers shall be subject to the approval of the City Assessor.
(4) Alleys, crosswalk and pedestrian ways.
A. Dead-end alleys are prohibited.
B. Crosswalks, pedestrian ways or utility easements may be required where, in the judgment of the Planning Commission, they are necessary to provide for safe and convenient access to schools, parks, shopping centers, other community facilities or utility extensions.
(5) Easements; retention of one-foot reserves.
A. Easements shall be provided along rear, side and front lot lines as necessary for utility services.
B. Where a proposed subdivision is traversed by a watercourse, drainage way channel or stream, a drainage easement shall be provided in accordance with the requirements of the City Engineer. Such easement shall be shown on the final plan.
C. When a subdivision provides the entire road allowance width and has lots on only one side, the subdivider shall be permitted to retain a one-foot reserve, which reserve shall be released to the City when the respective abutting property owners agree to pay to the subdivider fifty percent of the costs of the services that normally would have been required had such owners been parties to the subdivision. Such costs shall be paid at an interest rate equal to the real estate market rate prevailing at the time of installation of services and the development of the road. In the event of a dispute, the City Commission shall be the final arbitrator.
(6) Lot dimensions and locations; flag lots.
A. The lot size, width, depth, shape and orientation shall conform to the provisions of the Zoning Code for the particular district in which the subdivision is located.
B. Every lot shall abut upon and have permanent access to a public street, provided that in subdivisions designed under conditions specified in Section 1250.02(g)(9), this requirement may be modified or waived by the Planning Commission.
C. Side lot lines shall be at approximately right angles or radial to the street right-of-way lines.
D. The creation of flag lots is prohibited.
(7) Lot divisions. Lots, outlots and other parcels of land in a recorded plat may be divided for the purposes of sale or lease for building development, provided that the same is approved by the Planning Commission.
A. Procedures. Application for lot divisions shall be submitted in writing to the Planning Division and shall be accompanied by a sketch drawn to scale showing the original lot, the proposed division, all pertinent dimensions and the proposed legal description.
B. Conformity to minimum size. The proposed divisions shall not create lots which would be less than the minimum size required by these Subdivision Regulations.
C. Violations. Violation of this section shall be sufficient cause for denial of an application for a building permit.
(8) Natural features. The Planning Commission, wherever possible, shall require the preservation of all-natural features which add value to the proposed subdivision and the community at large, such as large trees, groves of trees, watercourses, vistas, historic spots and features, wildlife habitats, ecological areas and similar irreplaceable assets. The location, nature and extent of such features should be identified in the initial procedures stage and shall be made a part of subsequent plats to the greatest possible extent. The preservation of such features may be made a condition of tentative approval of the preliminary plat.
(9) Uninhabitable areas. Lands subject to flooding or otherwise deemed uninhabitable in their natural state shall not be platted for residential use, or for any other use that might create a danger to health, safety or property, or that might increase the flood hazard within or outside the subdivision. Such lands shall be set aside for recreational use or shall be retained in their natural state as open space. However, such lands maybe platted and developed if features making the land uninhabitable can reasonably be removed without destruction of adjacent or nearby property or desirable natural features of the land, and if approval is obtained from all the plat approval authorities required to review plats under the Land Division Act and these Subdivision Regulations. Areas of land within the proposed subdivision which lie either wholly or partly within the floodplain of a river, stream, creek or lake, or any other areas which are subject to flooding by storm water, shall be clearly shown on the preliminary plat and the final plat.
(10) Public sites and open spaces. Where a site for a park, playground, playfield, school, library, fire station or other public use is deemed necessary by the Planning Commission to fulfill the objectives of the Master Plan, the Planning Commission may recommend the reservation of such areas within the subdivision. Upon determination by the respective public agency that space for the public facility is required, the agency involved shall, within ninety days, enter into an agreement to purchase the site. Acquisition of the site shall be accomplished within two years.
(11) Variances. Variations, exceptions and/or modifications of these design requirements may be made by the City Commission, in specific cases, where it is deemed that conditions justify such a variance. An application for a variance to the design requirements outlined in this chapter shall be made in writing at the time the preliminary plat is filed for consideration with the City Clerk. Such application shall state fully the grounds for the variance and all facts relied upon by the petitioner.
(g) Improvements.
(1) Preparation of construction plans. The subdivider of every proposed subdivision shall have prepared, by a registered engineer, a complete set of construction plans, including profiles, contours (topography), cross-sections, specifications and other supporting data, for the hereinafter required public streets, utilities and other facilities. All construction plans shall be prepared in accordance with the public improvement standards or specifications contained in this chapter.
(2) Monuments. Monuments shall comply with the requirements of the Land Division Act.
(3) Required public improvements. All subdivisions shall be improved with the following public improvements, in accordance with the following conditions and specifications:
A. Streets and alleys. Full street improvements, including adequate subgrade preparation, hard surfacing, curbs and gutters, shall be required in every subdivision, in conformity with the construction standards of the City Engineer. The minimum standards for such street improvements are as follows:
1. Surfacing. The finished roadway surface shall be either bituminous or portland cement concrete, installed in conformity with the specifications of the City Engineer.
2. Width. Minimum street surfacing widths shall be designed in conformance with current design policy guidance and standards published by the American Association of State Highway Transportation Officials (AASHTO), the National Association of City Transportation Officials (NACTO), or the Federal Highway Administration (FHWA).
3. Curb and gutters. Concrete curbs and gutters of a type approved by the City Engineer shall be provided for all streets within each subdivision and along all streets that border on the subdivision.
4. Islands and boulevards. Where the subdivider proposes boulevard streets and/or street islands in the street pattern, the subdivider shall have suitable plans made for landscaping these areas. All such landscape plans shall be approved as to height, size and type of plant material by the Department of Parks and Recreation and shall be reviewed by the Traffic Engineer before construction by the subdivider. The City will accept the responsibility of living materials only after one year of growth.
5. Signs. Street signs of a type approved by the City Engineer shall be installed identifying the names of all streets at every intersection. If the subdivider wishes to erect a type of sign other than that used by the City as its standard, they may do so with the consent of the Planning Commission, at their expense, for the installation, maintenance and replacement of such sign off of the street right-of-way.
B. Sidewalks and walk easements. Concrete sidewalks shall be installed by the subdivider along each side of all streets within the subdivision at the time of street development, and along the side of all streets that border on the subdivision, in accordance with the specifications of the City Engineer. Walk easements, where required, shall have a four and one-half foot paving width centered within the required twelve-foot public easement.
C. Alleys. Where permitted, alleys shall be paved to their full width with concrete or bituminous materials and drained in accordance with the specifications approved by the City Engineer.
D. Street Trees. Street trees shall be required in each subdivision of a type, size and location as specified by the City Engineer. If, in the opinion of the City Engineer, lot trees of suitable species are located to give proper benefit to the street, this requirement may be waived.
(4) Water. A public water system containing supply lines, fire hydrants, valves and other water system appurtenances shall be constructed in conformity with the requirements of the City Engineer.
(5) Sanitary sewers. A public sanitary sewerage system shall be constructed and the sewer size, grade and other appurtenances of the system shall be in conformity with the requirements of the City Engineer.
(6) Storm sewers. A storm drainage system, including necessary storm sewers, drain inlets, manholes, culverts and other necessary appurtenances, is required and shall be constructed in conformity with the requirements of the City Engineer.
A. Natural water drainage ways. All-natural water drainage ways shall be preserved at their natural gradient, unless otherwise determined by the City Engineer.
B. Grading. All lots shall be finish graded so that all storm water drains therefrom.
(7) Optional public improvements.
A. Street lights. Street lights shall be of a type and design approved by the City Engineer.
B. Landscaping. Landscape plants, fences for screening or other suitable landscape treatment may be made by the subdivider within required buffer areas, parks or other open spaces where they desire to protect their development from the detrimental effects of adjacent expressways, major streets, railroads or other land uses. Landscape plans shall be indicated on the subdivider's improvement plans and are subject to the approval of the Planning Division and the City Engineer.
(8) Guarantee of completion of public improvements.
A. Financial guarantee arrangements and exceptions. As a condition of final plat approval, if prior to the actual installation of those public improvements which the City has determined to be the responsibility of the subdivider, the subdivider shall, pursuant to the Land Division Act, provide financial security. The subdivider may elect one of the following:
1. Performance bond. A performance or surety bond to cover the cost of the contemplated improvements, as estimated by the City or its agents, shall be filed with the City Clerk. Such bond shall specify the time period in which the improvements are to be completed and shall be with an acceptable bonding company authorized to do business in the State.
2. Escrow fund. Cash or a certified check sufficient in amount to cover the cost of the contemplated improvements, as estimated by the City or its authorized agents, shall be deposited with the City Treasurer. The escrow deposit shall be for the estimated time period necessary to complete the required improvements.
3. Irrevocable letter of credit. An irrevocable letter of credit shall be issued by a bank authorized to do business in the State, in an amount to cover the cost of the contemplated improvements, as estimated. The City Commission shall rebate or release to the proprietor, as the work progresses, amounts equal to the ratio of the completed and accepted work to the entire project.
B. Failure of subdivider to complete improvements. If the subdivider fails to complete the required public improvements work within such time period as is required by the conditions or guarantees as outlined above, the City Commission may proceed to have such work completed and shall reimburse itself for the cost thereof by appropriating the cash deposit, certified check or surety bond or by drawing upon the letter of credit, or shall take the necessary steps to require performance by the bonding company.
(9) Commercial subdivisions. Where commercial developments for retail sales, wholesale sales, business services, offices and similar establishments fall within the definition of subdivision as set forth in the Land Division Act, such development shall conform to these Subdivision Regulations, except for modifications provided in this section. The development shall conform to all Zoning Code requirements.
A. Streets. Streets shall conform to Section 1250.02(f)(3). All streets in a commercial subdivision shall be paved and shall have curbs and gutters and underground storm drainage. Streets shall be designed and constructed to adequately handle track traffic. Curb side parking and loading shall not be provided for, nor permitted on, any street in a commercial subdivision. No backing or similar maneuvering of vehicles to enter or leave a parking or loading space shall be permitted or provided for on a commercial subdivision street. Such movements shall be adequately provided for on each lot.
B. Ingress and egress. Entry drives for the subdivision shall be located and designed so as not to create congestion or hazardous conditions on public streets serving the subdivision. Driveways from parking and/or loading areas shall intersect subdivision streets at a distance from street intersections that is large enough to permit the safe and convenient maneuvering of vehicles, including trucks.
C. Blocks. Blocks shall be designed to meet the needs of the commercial uses that will occupy the subdivision. However, block sizes shall meet the requirements of fire protection, snow removal and other service and emergency vehicles.
D. Lots. Lots shall conform to Zoning Code provisions. Lots in a commercial subdivision shall have access from subdivision or frontage streets and shall not open directly onto an arterial or other heavily traveled street.
E. Sidewalks. Sidewalks and pedestrian ways are required in commercial subdivisions, except where the Planning Commission determines that such facilities are not required for the safety and convenience of pedestrians within or around the subdivision.
F. Greenbelts. A greenbelt area, at least fifty feet wide and landscaped, shall be provided along the perimeter of a commercial subdivision where such a subdivision is adjacent to a residential area. The Commission may require the provision of a fence, wall or screen if it determines such is necessary to protect the adjacent areas from litter, trespass and other nuisances. Any intended future expansion of the commercial development should be shown on the preliminary plat submitted for tentative approval.
(10) Industrial Subdivisions. Where industrial developments, consisting of, but not limited to, manufacturing establishments, trucking and warehouse facilities and similar activities, fall within the definition of subdivision as set forth in the Land Division Act, such development shall conform to these Subdivision Regulations, except for modifications provided for in this section. The development shall conform to all Zoning Code requirements.
A. Streets. Streets shall conform to Section 1250.02(f)(3). All streets in an industrial subdivision shall be paved according to standards suitable for heavy trucking activities. All streets shall have concrete curbs and gutters with enclosed underground storm drainage.
Streets within the park shall be designed and constructed to easily and conveniently accommodate the movement of large trucks. Street grades shall not exceed five percent and shall follow the land contours longitudinally. Street intersections shall have a minimum curb radius of twenty-five feet.
B. Off-street parking and loading. Parking and loading on all streets in the industrial district shall be prohibited. Adequate parking and loading areas, and space necessary for maneuvering of trucks in loading and unloading operations, shall be provided on each site. Layouts which permit the use of streets for turn-around and other maneuvers shall not be acceptable.
C. Ingress and egress. Entry drives for the subdivision shall be located and designed so as not to create congestion or hazardous conditions on public streets serving the subdivision. Driveways from parking and/or loading areas shall intersect subdivision streets at a distance from street intersections that is large enough to permit the safe convenient maneuvering of all vehicles, including semi-tractor/trailers.
Normally, streets within the park shall not be extended to the boundaries of adjacent existing or potential residential areas or connected to streets intended for predominantly residential traffic. Streets within the subdivision shall be laid out so as to prohibit through traffic.
D. Greenbelts. A greenbelt area, at least fifty feet in width and landscaped, shall be required along the side and rear property lines of an industrial subdivision where such lines abut a residential, agricultural, institutional or commercial area. The Planning Commission may require the provision of a fence, wall or screen if it determines such is necessary to protect the adjacent areas and/or the industrial park from litter, trespass and other nuisances.
E. Future expansion. Any intended future expansion of the industrial development should be shown on the preliminary plat as submitted for tentative approval.
F. Proprietary interest. The proprietor's continuing interest, if any, in the subdivision shall be clearly described.
(11) Soil erosion and sediment control. Since considerable erosion can take place prior to the construction of houses, buildings, facilities and features in a subdivision, the various plats for a subdivision shall contain proposed erosion and sediment control measures. The measures shall be incorporated into the final construction drawings. Erosion and sediment control measures shall conform to the standards and specifications of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended, being MCL 324.101 et seq. and rules established thereunder.
(Ord. 10-2020. Passed 11-24-20; Ord. 04-2021. Passed 4-13-21.)