(A) Approval; survey. Following final approval of the preliminary plat by the City Council, the proprietor shall cause a survey and 5 true plats thereof to be made by a surveyor.
(B) Submittal. Final plats in 5 polyester film copies and an additional 5 paper prints of the final plat, along with the application, shall be submitted to the City Clerk.
(1) A final plat shall not be accepted after the date of expiration of the plat approval.
(2) Submittal to the Clerk shall be at least 10 days prior to a regularly scheduled meeting of the City Council; that meeting shall be considered as the date of filing.
(C) Information required.
(1) All final plats of subdivided land shall comply with the provisions of survey and mapping requirements cited in the Subdivision Control Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 - 560.293, especially those cited in §§ 126 - 141.
(2) All final plats of subdivided land shall comply with the certification requirements cited in the Subdivision Control Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 - 560.293, especially those cited in §§ 142 - 151.
(3) An abstract of title shall be submitted certified to date of the proprietor’s certificate to establish recordable ownership interest and any other information deemed necessary for the purpose of ascertaining whether the proper parties have signed the plat, or a policy of title insurance currently in force, covering all of the land included within the boundaries of the proposed subdivision. The City Council, in lieu of an abstract of title, may accept on its own responsibility an attorney’s opinion in writing based on the abstract to title as to ownership and marketability of title of the land.
(D) Procedures.
(1) The final plat shall be reviewed by the City Engineer as to compliance with the approved preliminary plat and plans for utilities and other improvements.
(2) The City Council shall review all recommendations within 20 days and take action on the final plat as soon as practicable after the filing of that plat if it is in proper form.
(3) (a) The City Council shall require all improvements and facilities to be constructed or require assurances of the construction of those improvements and facilities before it approves the final plat. The following list constitutes the possible forms of assurance which may be deemed to be acceptable:
1. Letter of credit from an approved financial institution;
2. Performance bond secured by an approved surety company;
3. Real estate holdings, free and clear of any liens or taxes;
4. Certified copy of a commitment letter from a reputable lending institution assuring the availability of funds to construct the required public utilities; and
5. Verification of funds on deposit with an insured bank or lending institution.
(b) 1. The dollar value of the above-referenced 5 acceptable assurances shall be an amount equal to 120% of the estimated cost of the unfinished public improvements, as certified by the Director of the Department of Public Works at such time as final plat approval is requested by the developer of the City Council.
2. At the time the developer completes all required improvements all assurances, less all costs incurred by the City of Burton shall be returned to the developer.
3. Should the city be required to complete the improvements required, the developer shall be responsible for the actual costs incurred by the city irrespective of the amount of the assurances provided.
(c) The City Attorney shall approve financial credibility, as it relates to the use of any of the 5 acceptable assurances.
(d) No performance/signatures guarantees or agreements will be considered acceptable assurances.
(4) Upon the approval of the final plat by the City Council, the subsequent approvals shall follow the procedure set forth in the Subdivision Control Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 - 560.293. If disapproved, the City Council shall instruct the Clerk to give the proprietor its reasons in writing, as set forth in the minutes of the meeting, and return the plat to the proprietor.
(5) The City Council shall instruct the Clerk to record all proceedings in the minutes of the meeting, which shall be open for inspection, and to certify on the approved final plat the Council’s approval and the date thereof on behalf of the City Council.
(6) The Clerk shall transcribe a certificate of approval of the City Council on the final plat and deliver all copies to the Clerk of the County Plat Board together with the filing and recording as required by the Subdivision Control Act.
(7) A final plat received by the State Treasurer more than 1 year following the date of approval of the County Treasurer shall be returned to the County Treasurer who shall make a new certificate, currently dated, relative to paid or unpaid taxes, special assessments, and tax liens or titles.
(8) The Clerk shall transmit 1 paper print copy to the Planning Commission, 1 paper print to the City Planner, and retain 1 paper print copy temporarily in the files of the City Council.
(9) After all approvals mentioned in subsection (D)(4) above are effectuated, and the State Treasurer receives notification of the recording of the plat, he or she shall return 1 completely transcribed copy to the City Clerk for filing as a matter of permanent record.