The purpose of this section is to outline the procedures to be followed for review of a subdivision plat, the information required, the standards for approval and the responsibilities of the various City departments and boards in the review and approval process.
(A) Pre–Preliminary Plat Review (Proprietor’s Option).
(1) Purpose. The purpose of the pre- preliminary plat review is to allow the proprietor, at their option, to present a conceptual representation of the entire proposed subdivision to the City for information and feedback. The City is not required to vote to approve or reject, but can give the proprietor their preliminary recommendations on the proposed subdivision. Recommendations at this stage shall not infer approval at later stages of the subdivision process.
(2) Information required on the Pre–Preliminary Plat. The proprietor shall include the following:
(a) Proprietor’s name and address;
(b) Parcel number of the property;
(c) Location and position map, including Section, Town and Range;
(d) Property boundary;
(e) Existing contours shown at two-foot intervals;
(f) Existing natural features (wooded areas, drainage, floodplain, wetlands, open water, streams, etc.);
(g) Street layout;
(h) Lot area and lot dimensions (each lot and outlot shall be accessible as defined in this chapter);
(I) Existing easements;
(j) General proposed utility information;
(k) General proposed plan to control storm/surface water;
(l) Zoning of the property within the enclosed plat;
(m) Adjacent property and land use;
(n) Proposed phases.
(3) Submission and review process.
(a) The proprietor shall submit a minimum of five copies of a complete pre-preliminary plat, a completed application and the required fee to the City Clerk.
(b) Upon receipt, the City Clerk or designee shall submit copies of the pre-preliminary plat to members of the City Planning Commission and shall make one copy available to each of applicable departments or offices, who shall review the pre- preliminary plat and provide written comments to the Planning Commission at least one week prior to the meeting where the pre-preliminary plat will be reviewed.
(c) The Planning Commission shall review the pre-preliminary plat and the comments from City staff and shall provide comments on the plat back to the proprietor within 45 days of the filing of the complete pre-preliminary plat with the City Clerk.
(B) Preliminary plat for tentative approval.
(1) Purpose. The purpose of the preliminary plat tentative approval is to provide the proprietor with tentative City approval prior to seeking additional jurisdictional agency approvals. All items required for final approval of the preliminary plat shall be provided at this step, with the exception of the approvals from other jurisdictional agencies.
(2) Information required on the preliminary plat for tentative approval. The proprietor shall, in compliance with the requirements of the Land Division Act and this chapter, include but is not limited to the following:
(a) All items required for pre–preliminary plat review as outlined in division (A)(2) above of this section;
(b) Name, address, and phone number of the developer and surveyor or engineer that prepared the plat;
(c) Name of the proposed development;
(d) Names of abutting subdivisions or site condominiums;
(e) Survey of the property and legal description.
(f) Street names, rights-of-way, right-of-way widths and typical road cross-sections. Bridges and culverts as determined necessary;
(g) Required zoning setbacks. On corner lots, the front of the lots shall be clearly identified. Minimum frontage requirements shall be verified at the setback line;
(h) Utility layout including connections to existing systems, pipe sizes (storm sewer size can be estimated), fire hydrant locations, sufficient sanitary and storm sewer inverts to ensure adequate depth, storm detention/retention areas, storm sewer outlets and any proposed utility easements. Drainage calculations are not required at this stage;
(I) Proposed drainage should be indicated either by proposed contours or by drainage arrows. Drainage arrows should be sufficient to show preliminary drainage direction of the entire development;
(j) All floodplain areas regulated by the Michigan Department of Environmental Quality (MDEQ);
(k) All wetland areas regulated by the Michigan Department of Environmental Quality (MDEQ);
(l) All parcels of land proposed to be dedicated to public use and conditions of such dedication;
(m) Date and north arrow;
(n) Complete language for any and all deed restrictions, or statement that none are proposed;
(o) Other related data as the City Commission deems necessary.
(3) Submission and review process.
(a) The proprietor shall submit a minimum of five copies of a complete preliminary plat, a completed application and the required fee to the City Clerk.
(b) Upon receipt, the City Clerk or designee shall submit copies of the preliminary plat to members of the City Planning Commission and shall make one copy available to each of applicable departments or offices, who shall review the preliminary plat and provide written comments to the Planning Commission at least one week prior to the meeting where the preliminary plat will be considered.
(c) The Planning Commission shall consider the preliminary plat at the first meeting of the Board held at least 15 days after the filing of the complete preliminary plat with the City Clerk.
(4) Planning Commission review of the preliminary plat for tentative approval.
(a) Prior to making a recommendation on the preliminary plat, the Planning Commission shall hold a public hearing. Notice of the hearing shall contain the date, time and place of the hearing, and shall be sent by mail, at least ten days prior to the hearing date, to the proprietor and owners of land within 300 feet of the proposed subdivision.
(b) The preliminary plat and all required accompanying data shall be reviewed, in accord with sound engineering practices, by the Planning Commission for the purpose of determining its compliance with the Land Division Act, the specifications of this chapter, the City’s Land Use Plan, Zoning Ordinance, Development Design Standards and other applicable City ordinances.
(c) The Planning Commission shall submit to the City Commission a written recommendation concerning the preliminary plat within 60 days of the filing of the complete preliminary plat with the City Clerk. The Planning Commission shall either:
1. Recommend tentative approval of the preliminary plat; or,
2. Set forth reasons for not recommending tentative approval of the preliminary plat and the requirements for tentative approval.
(5) City Commission review of the preliminary plat for tentative approval.
(a) The City Commission, prior to making a determination, shall consider all pertinent information, including not only the preliminary plat and accompanying data submitted by the proprietor, but also the written comments of City staff and the recommendation of the City Planning Commission.
(b) The City Commission shall make a determination regarding the preliminary plat within 90 days of the filing of the complete preliminary plat with the City Clerk. The City Commission shall either:
1. Tentatively approve the preliminary plat and note its approval on the copy of the preliminary plat to be returned to the proprietor, with or without conditions; or,
2. Reject the preliminary plat, setting forth in writing its reasons for rejection and the requirements for tentative approval.
3. The City Commission’s tentative approval shall be valid for one year from the date of the meeting where such approval was granted. Upon application by the proprietor to the City Commission, prior to the tentative approval expiration date, the City Commission may extend such approval for an additional one year. The tentative approval of a preliminary plat, once expired, shall require the proprietor to resubmit a preliminary plat.
(C) Preliminary Plat for final approval
(1) Purpose. The purpose of the preliminary plat final approval is to ensure that all applicable authorities have granted approval to the preliminary plat and to review any changes made to the plat after tentative approval was given by the City. The proprietor shall not proceed with any construction work on the proposed subdivision, including grading, until they have obtained from the City Commission the final approval of the preliminary plat of the proposed subdivision.
(2) Information required on the preliminary plat for final approval. All items required on the preliminary plat for tentative approval as outlined in division (B)(2) above are required on the preliminary plat for final approval.
(3) Submission and review process.
(a) The City Clerk shall schedule for City Commission consideration, final approval of the preliminary plat upon receipt from the proprietor of a complete preliminary plat, as well as approved copies of the preliminary plat from the following agencies as applicable:
1. Mecosta County Road Commission (if the proposed subdivision includes or abuts roads under the Road Commission’s jurisdiction);
2. Mecosta County Drain Commissioner (if the proposed subdivision drains into a County drain);
3. Michigan Department of Transportation (if any of the proposed subdivision includes or abuts a state trunk line highway, or includes streets or roads that connect with or lie within the right-of-way of state trunk line highways);
4. Michigan Department of Natural Resources (if the land proposed to be subdivided abuts a lake or stream, or abuts an existing or proposed channel or lagoon affording access to a lake or stream where public rights may be affected);
5. Michigan Department of Environmental Quality (if any of the subdivision lies wholly or in part within the floodplain of a river, stream, creek, or lake);
6. District Health Department No. 10, Mecosta County Offices (if public water and public sewers are not available and accessible to the land proposed to be subdivided).
(b) In addition, the proprietor shall provide copies of cover letters showing that two copies of the preliminary plat were sent to the Mecosta County Plat Board, to all public utilities serving the City, and to any school boards with schools located within the City for informational purposes.
(4) City Commission review of the preliminary plat for final approval.
(a) The City Commission shall make a determination regarding the preliminary plat at its next regularly scheduled meeting or within 20 days of the submission of the complete preliminary plat to the City Clerk. The City Commission shall either:
1. Approve the preliminary plat, with or without conditions; or,
2. Reject the preliminary plat, setting forth in writing its reasons for rejection and the requirements for final approval.
(b) The City Commission shall instruct the City Clerk to notify the proprietor of approval or rejection in writing, and if rejected to give the reasons.
(c) The City Clerk shall note all proceedings in the minutes of the meeting and the minutes shall be open for inspection.
(d) The City Commission’s final approval shall be valid for two years from the date of the meeting where such approval was granted. Upon application by the proprietor to the City Commission, prior to the final approval expiration date, the City Commission may extend such approval for an additional one year. The final approval of a preliminary plat, once expired, shall require the proprietor to resubmit a preliminary plat.
(D) Survey and monumentation.
(1) For every subdivision of land there shall be a survey complying with the requirements of Sections 125 and 126 of the Land Division Act, Act 288 of the Public Acts of 1967, as amended.
(2) Prior to submission of a final plat to the City, the proprietor shall have a surveyor place survey monuments in the plat as required by Section 125 of the Land Division Act, Act 288 of the Public Acts of 1967, as amended. As provided by Section 125, the City Commission may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, on condition that the proprietor deposits with the City Clerk cash, certified check, or irrevocable bank letter of credit running to the City, whichever the proprietor selects, in an amount not less than $25 per monument and not less than $100 in total, except that lot corner markers shall be at the rate of not less than $10 per marker. Such cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified. If the proprietor defaults, the City Commission shall promptly require a surveyor to locate the monuments and markers in the ground as certified on the plat, at a cost not to exceed the amount of the security deposited and shall pay the surveyor.
(E) Improvements construction plans approval.
(1) Construction plans approval. It shall be the responsibility of the proprietor of every proposed subdivision prior to final plat approval to have prepared by a professional engineer registered in the State of Michigan, a complete set of construction plans, including profiles, cross–sections, specifications, and other supporting data, for the required streets, utilities and other improvements. Such construction plans shall be based on preliminary plans that have been approved with the preliminary plat. Construction plans are subject to approval by the responsible public agencies. All construction plans shall be prepared in accordance with the standards or specifications contained or referenced in this chapter, with the City’s Development Design Standards and with standards adopted by the responsible public agency.
(2) Inspection. A qualified inspector with applicable certification as determined by the City Manager shall inspect the installation of all improvements. The City Commission shall select the inspector. The proprietor shall be responsible for all inspection costs.
(3) As-built drawings. Upon completion of the construction of all required streets, utilities and other improvements, the as-built drawings shall be verified by a Professional Engineer registered in the State of Michigan.
(F) Final plat approval.
(1) Purpose. The purpose of the final plat approval is to ensure that the site and its related improvements were developed in accordance with the final approved preliminary plat, approved construction plans and any conditions required by the City Commission. No person shall enter into any contract for the sale of, or shall offer to sell said subdivision or any part thereof until final plat approval has been obtained and the proprietor has completed construction of all improvements or has bonded with the City for the cost of the improvements.
(2) Information required on the final plat. The proprietor shall, in compliance with the requirements of the Land Division Act and this chapter, submit the following:
(a) Five copies of a complete final plat prepared in accordance with the Land Division Act, accompanied by an electronic copy in a format acceptable to the City; with all of the certificates required in Section 142 of the Land Division Act, Act 288 of the Public Acts of 1967, as amended;
(b) Abstract of Title, Policy of Title Insurance or Attorney’s Opinion of Title;
(c) A complete set of construction plans, including profiles, cross-sections, specifications, and other supporting data, for the required streets, utilities and other improvements with applicable agency approvals;
(d) As-built profile and cross–section notes of each street with grades; as-built profile of sanitary and storm sewer with sizes and grades; and a plan of the water lines with sizes and appurtenances in accordance with the City’s Development Design Standards and this chapter;
(e) An agreement with the City containing a restriction upon the plat whereby the Building Inspector will not be permitted to issue a building permit for any structure upon any lot within said subdivision until the improvements as specified herein have been completed, or satisfactory arrangements have been made with the City for the completion of said improvements. These plat restrictions shall be made a part of all deeds or contracts for any lot within the subdivision;
(f) Plat restrictions, if the proprietor proposes such restrictions, shall be submitted, with the final plat. Such restrictions shall not be in contradiction to the City’s Zoning Ordinance or any other ordinance of the City. These restrictions shall become a part of the final plat and shall be recorded along with the plat in the Office of the Mecosta County Register of Deeds.
(3) Submission and review process.
(a) The proprietor shall submit all items as outlined in division (F)(2) above, with the required fees to the City Clerk.
(b) Upon receipt, the City Clerk shall submit copies of the final plat to members of the City Commission and shall make one copy available to each of applicable departments or offices. In addition, the Department of Engineering and Municipal Utilities shall receive in an electronic format acceptable to the City, as-built drawings for all streets, utilities and other required improvements, or a complete set of construction plans for those improvements not yet in place. All departments shall review the final plat and provide written comments to the City Commission at least one week prior to the meeting where the final plat will be considered.
(4) City Commission review of the final plat.
(a) Upon receipt of the final plat and all required accompanying materials, the City Commission shall make a determination regarding the final plat at its next regularly scheduled meeting or within 20 days of the submission of the complete final plat to the City Clerk. The City Commission shall either approve or reject the final plat.
(b) If the final plat is rejected, the City Commission shall instruct the City Clerk to give the reasons for the rejection in writing and return the plat to the proprietor. The proprietor shall, within a reasonable time, resubmit to the City Commission any changes or alterations stipulated by the Commission.
(c) Final plat approval shall be granted by the City Commission provided the following:
1. The proprietor has submitted the necessary construction plans, as required by this chapter, and the plans have been checked and approved for compliance with the City’s Development Design Standards. Construction plans shall be checked and approved by the City or other agencies with authority to approve the subdivision improvements.
2. The proprietor has installed all improvements including survey monuments and the City Commission has accepted such improvements. The proprietor, at the sole discretion of the City, may post a bond of a type and amount acceptable by the City for the cost of installation of the improvements or for the cost of completing construction of the specific public improvement, including contingencies. The term length in which the bond is in force shall be for a period to be specified by the City Commission. The bond shall be:
a. A non-revocable letter of credit issued by a bank or such other agency acceptable to the City Commission; or,
b. A cash bond issued by a surety company authorized to do business in the State of Michigan and acceptable to the City Commission. The escrow agreement shall be drawn and furnished by the City.
3. The proprietor has submitted as-built drawings for all of the completed improvements and the City has determined that such drawings are consistent with the improvements proposed for the final plat.
(d) Upon approval of the final plat, the City Clerk shall, in accordance with the Land Division Act, certify on the plat the City’s approval, and forward the plat (five copies), agreements, restrictions and fees to the Mecosta County Plat Board.
(e) The City Clerk shall note all proceedings in the minutes of the meeting and the minutes shall be open for inspection.
(G) Variance from the provisions of this section. Variances from the provisions contained in this section may be granted by the City Commission subject to the following:
(1) A petition for any such variance shall be submitted in writing by the proprietor to the City Commission at the time the City Commission reviews the preliminary plat for tentative approval. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(2) If the proprietor can clearly demonstrate that literal enforcement of this section will impose practical difficulties because of unique circumstances pertaining to his or her land, the City Commission may permit such variance or variances as, in its sound discretion, it believes to be reasonable and within the general purpose and policy of this chapter.
(3) In making the findings required in division (G)(4) below, the City Commission shall consider the location and condition of the proposed subdivision, the nature of the proposed variance as compared with the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed variance as compared with the existing use of land in the vicinity.
(4) No variance shall be granted unless the City Commission finds:
(a) There are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land.
(b) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.
(c) The granting of the variance will not be detrimental to the public welfare or be injurious to property in the vicinity of the proposed subdivision.
(H) Corrections or changes to an approved plat. Corrections or changes to an approved plat shall be made only when in accordance with the Land Division Act and this chapter. The process required shall be dependent upon the type of correction or change proposed and achieved by means of the following:
(1) An affidavit from the surveyor who certified the plat.
(2) By order of the Circuit Court.
(3) By action of the City Commission.
(I) Replats A replat of all or a portion of a recorded subdivision plat may occur using the conventional platting process only after a plat or portion of a plat to be replatted has been vacated by court action, with the following exceptions:
(1) All owners of the lots involved in the replat:
(a) Agree to the replat in writing and record the agreement with the Mecosta County Register of Deeds;
(b) Provide notice of their intention to replat to abutting property owners by certified mail;
(c) Request the City Commission adopt an ordinance vacating any areas dedicated to public use.
(2) Assessor’s plats.
(3) Urban Renewal Plats.
(J) Lot splits. A “lot split” is any division of an existing platted lot. These divisions of lots may be recombined to create parcels of various sizes and configurations as an alternative to replatting. The purpose of this section is to identify when a proposed splitting of a lot requires review and approval through the lot split process, outline the approval process, detail criteria necessary for approval, review building permit requirements, and provide for an appeals process.
(1) When is lot split approval required. Lot split approval is required for any alteration of an existing platted lot or when dividing any platted property into two or more parcels and the number of splits proposed, together with any previous splits, does not exceed those permitted by Section 263 of the Land Division Act, Act 288 of the Public Acts of 1967, as amended.
(2) Approval process.
(a) Information required. Information required by the applicant for lot split approval shall include:
1. A completed “Lot Split Application” provided by the City.
2. An adequate and accurate legal description of all parcels resulting from the proposed split, including the remainder of the original parcel.
3. A survey, map or drawing of the proposed split.
4. The fee established by the City Commission for review of lot splits.
(b) Submission and review.
1. Application and fee shall be submitted to the City Clerk or designee.
2. The City Assessor or designee shall review for compliance with the Land Division Act and this chapter. The City Assessor or designee shall be responsible for determining if the applicant has provided an adequate and accurate legal description and an adequate survey, map or drawing, if the proposed split meets the four to one maximum parcel depth to width ratio, and if the splits do not exceed the maximum number of splits permitted as outlined in division (J)(1) above.
3. The City Engineer and Public Works Director shall review for compliance with adopted departmental standards and ordinances. The City Engineer and Public Works Director shall be responsible to determine if the parcel is accessible and has adequate easements for public utilities.
4. The Department of Community Development shall review for compliance with the City’s Zoning Ordinance and Land Use Plan. The Zoning Administrator shall review to determine compliance with parcel width and parcel area requirements.
5. Within 45 days of receipt of a complete application for lot split approval, the City Assessor or designee shall approve or deny the lot split request. In the case of denial, the City Assessor or designee shall identify in writing the basis for denial of the request. The basis for denial shall be non-compliance with one of the standards for approval outlined in division (J)(3) below.
(3) Criteria for approval.
(a) All proposed lot splits must comply with all of the following criteria in order to be approved. The following shall be the basis for approval of a lot split request:
1. Each parcel (including the remainder of the original parcel) shall have an adequate and accurate legal description and shall be shown on a survey, map or drawing, drawn to scale, which shows the area of each parcel, parcel lines, dimensions, setbacks, public utility easements, rights-of-way, accessibility and any other information that is necessary to determine compliance with the criteria for approval.
2. Each parcel ten acres or less in size shall have a depth not more then four times its width unless a variance from this requirement is granted by the ZBA. For the purpose of this criterion, the definition of lot (parcel) width in Article 2 of the City of Big Rapids Zoning Ordinance shall be used. For the purpose of this criterion, depth shall be defined as the mean distance from the front street lot (parcel) line to the rear lot (parcel) line as defined in Article 2 of the City of Big Rapids Zoning Ordinance.
3. Each parcel shall comply with the minimum parcel width, maintained to the minimum lot depth, for the zoning district in which it is located unless a variance is granted by the ZBA.
4. Each parcel shall comply with the minimum parcel area for the zoning district in which it is located unless a variance is granted by the ZBA.
5. Each parcel shall comply with the minimum setback requirements for the zoning district in which it is located unless a variance is granted by the ZBA.
6. Each parcel is accessible as defined in this chapter.
7. The request complies with the limitation on the maximum number of splits permitted as outlined in division (J)(1) of this section and Section 263 of the Land Division Act, Act 288 of the Public Acts of 1967, as amended.
8. Each resulting parcel that is a development site has adequate easements for public utilities from the parcel to existing public utility facilities.
(b) The Zoning Board of Appeals (ZBA) may grant a variance from the minimum setback requirements, minimum parcel area, minimum parcel width, or maximum parcel depth to width ratio upon a finding of practical difficultly as defined in Section 13.6 of the City of Big Rapids Zoning Ordinance.
(4) Building permit requirements. Approval of a lot split neither implies the resulting parcels are buildable, nor a determination that the resulting parcels comply with other City ordinances or regulations. In order to build on a parcel, the property must also comply with the State’s Building Code, the City’s Zoning Ordinance, and all other applicable City ordinances. In addition, any parcel resulting from a split that is less than one (1) acre in size shall not be issued a building permit unless the parcel has both of the following:
(a) Public water or district health department approval for the suitability of an on-site water supply.
(b) Public sewer or district health department approval for the suitability of an on-site sewage disposal.
(5) Appeals. Any applicant aggrieved by a decision of the City Assessor or designee on a lot split request may appeal the decision to the ZBA by submitting the required application and fee to the Zoning Administrator. If an appeal is filed, the City Assessor or designee shall transmit the file on the request being appealed to the ZBA.
(K) Parcel splits. A parcel split is the division of a parcel consisting of two or more platted lots along a platted lot line in order to create two or more parcels. Approval of a parcel split is not required; however, the split shall not result in the creation of nonconforming parcels under the terms of the City’s Zoning Ordinance unless a variance is first granted by the ZBA. This would include issues of lot width, lot area and setback requirements.
(Ord. 496-7-02, passed 7-15-02; Am. Ord. 655-1-13, passed 1-22-13; Am. Ord. 762-07-20, passed 7-20-20)