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Charlotte, MI Code of Ordinances
CITY OF CHARLOTTE, MICHIGAN CODE OF ORDINANCES
CHARTER
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTERS 3-5: RESERVED
CHAPTER 6: ALCOHOLIC LIQUORS
CHAPTERS 7-9: RESERVED
CHAPTER 10: ANIMALS
CHAPTERS 11 - 13: RESERVED
CHAPTER 14: BUILDINGS AND BUILDING REGULATIONS
CHAPTER 15: BUSINESSES
CHAPTERS 16 - 17: RESERVED
CHAPTER 18: CABLE COMMUNICATIONS
CHAPTERS 19 - 21: RESERVED
CHAPTER 22: COMMUNITY DEVELOPMENT
CHAPTERS 23 - 25: RESERVED
CHAPTER 26: RESERVED
CHAPTERS 27 - 29: RESERVED
CHAPTER 30: FIRE PREVENTION AND PROTECTION
CHAPTER 31: RESERVED
CHAPTER 32: MUNICIPAL CIVIL INFRACTIONS
CHAPTER 33: RESERVED
CHAPTER 34: OFFENSES
CHAPTERS 35 - 37: RESERVED
CHAPTER 38: PARKS AND RECREATION
CHAPTERS 39 - 41: RESERVED
CHAPTER 42: PLANNING
CHAPTERS 43 - 45: RESERVED
CHAPTER 46: SOLICITORS AND CANVASSERS
CHAPTERS 47 - 49: RESERVED
CHAPTER 50: SOLID WASTE
CHAPTER 51: RESERVED
CHAPTER 52: PROPERTY MAINTENANCE AND NUISANCE ABATEMENT
CHAPTER 53: RESERVED
CHAPTER 54: SPECIAL ASSESSMENTS
CHAPTERS 55 - 57: RESERVED
CHAPTER 58: STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES
CHAPTERS 59 - 61: RESERVED
CHAPTER 62: SUBDIVISION REGULATIONS
CHAPTER 63: RESERVED
CHAPTER 64: TAX EXEMPTION
CHAPTER 65: RESERVED
CHAPTER 66: TRAFFIC AND VEHICLES
CHAPTER 67: RESERVED
CHAPTER 68: UTILITIES
CHAPTER 69: RESERVED
CHAPTER 70: VEGETATION
CHAPTER 71: RESERVED
CHAPTER 72: MUNICIPAL AIRPORT
CHAPTER 73: RESERVED
CHAPTER 74: VEHICLES FOR HIRE
CHAPTERS 75 - 81: RESERVED
CHAPTER 82: ZONING
PARALLEL REFERENCES
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§ 62-31 SCOPE.
   The preparation of a subdivision shall be preceded by an initial investigation and pre- preliminary plat or sketch plan and shall go through 2 phases, preliminary plat and final plat, all in accordance with the procedure as provided in this article.
(1993 Code, § 62-31)
§ 62-32 INITIAL PLAT INVESTIGATION.
   Before preparing a preliminary plat for a subdivision, the proprietor should meet informally with the city departments concerned to investigate the procedures and standards of the city with reference to this chapter and with the proposals of the Master Plan as they affect the area in which the proposed subdivision is located. The proprietor shall investigate the following factors:
      (1)   This chapter and §§ 42-26 et seq. of this Code, engineering specifications, city standards and other similar ordinances or controls relative to the subdivision and improvement of land so as to be aware of the requirements of the city;
      (2)   Is the proposed subdivision properly zoned for the intended use?
      (3)   Adequacy of existing schools and the adequacy of the public open spaces, including parks and playgrounds, to serve the proposed subdivision;
      (4)   The relationship of the proposed subdivision with respect to major thoroughfares and plans for widening of thoroughfares;
      (5)   Standards for sewage disposal, water supply and drainage of the city;
      (6)   The environmental impacts of the proposed development.
(1993 Code, § 62-32)
§ 62-33 SKETCH PLAN.
   (A)   Submission. The subdivider shall submit 4 copies of the subdivision sketch plan to the Secretary of the Planning Commission.
   (B)   Contents. The plan shall show the subdivision's entire development scheme in schematic form, including the area for immediate development, and shall include the following:
      (1)   General layout of streets, blocks, lots and out-lots in sketch form;
      (2)   Existing conditions and characteristics of the land on and adjacent to the site;
      (3)   Any general area set aside for schools, parks and other community facilities.
   (C)   Acceptance. Acceptance of the sketch plan does not ensure acceptance of the preliminary plat.
   (D)   Feasibility study. A letter from a surveyor concerning the general feasibility of the land for subdivision may be required by the city.
   (E)   Ownership. The city may require such information regarding ownership of the land proposed to be subdivided as it deems necessary.
   (F)   Financing.
      (1)   The city may require such proof of financing of the proposed subdivision as it deems necessary.
      (2)   The city may require a resume of past performance of the subdivider or any agent thereof with respect to plat development.
   (G)   Procedure.
      (1)   The individual departments will review the plan. Copies of the sketch plan may be submitted to other affected public agencies for review.
      (2)   The Secretary of the Planning Commission shall inform the subdivider or his agent of the city's development policies and make appropriate comments and suggestions concerning the proposed development scheme.
      (3)   The Secretary shall inform the Planning Commission of the results of the review of the sketch plan at its next regular meeting.
      (4)   The procedure of this subsection shall be completed within 20 days of filing with the Secretary.
(1993 Code, § 62-33)
§ 62-34 PRELIMINARY PLAT.
   (A)   Compliance. The proprietor, subdivider or developer shall comply with all sections of the Subdivision Act with respect to preliminary plats and such additional requirements as shall appear in this chapter. All documents required by the Subdivision Act shall be submitted to the City Clerk.
   (B)   Requirements.
      (1)   Submission. In addition to the number of copies required by other agencies under the Subdivision Act, the subdivider shall submit 8 copies of the preliminary plat on a topographic map to the City Clerk at least 15 days before a meeting of the Planning Commission.
      (2)   Size and scale. The preliminary plat may be on paper and shall be not less than 24 inches by 36 inches at a scale of 1 inch to 100 feet showing the date and north arrow.
      (3)   Information required. The subdivider shall furnish the following to the Planning Commission with the preliminary plat filed with the City Clerk:
         (a)   The name of the proposed subdivision;
         (b)   Names, addresses and telephone numbers of the subdivider and the surveyor preparing the plat;
         (c)   Location of the subdivision, giving a brief legal description of the property involved;
         (d)   The names of abutting subdivisions;
         (e)   Statement of intended use of the proposed plat, such as residential single-family, two- family and multiple housing, commercial, industrial, recreation or agricultural. Also proposed sites, if any, for multifamily dwellings, shopping centers, churches, industry and other nonpublic uses exclusive of single- family dwellings. Also, any sites proposed for parks, playgrounds, schools or other public uses;
         (f)   A map of the entire area scheduled for development, if the proposed plat is a portion of a larger holding intended for subsequent development;
         (g)   A location map showing the relationship of the proposed plat to the surrounding area;
         (h)   The land use and existing zoning of the proposed subdivision and the adjacent tracts;
         (i)   Streets, street names, right-of-way, roadway widths;
         (j)   Lot lines and approximate lot dimensions;
         (k)   Contours shall be shown on the preliminary plat at 2 foot intervals;
         (l)   A site report as described in the rules of the State Department of Public Health, if the proposed subdivision is not to be served by public sewer or water systems;
         (m)   Three copies of proposed protective covenants and deed restrictions, or state in writing that none are proposed;
         (n)   Right-of-way easements, showing location, width and purpose;
         (o)   Proposed and existing streets, water, sewers, sidewalks and other required public improvements. This plan shall contain enough information and detail to enable the city and the Planning Commission to make preliminary determination as to conformance of the proposed improvements to applicable city regulations and city standards.
         (p)   The City Council or the Planning Commission may require the submission of other related data which might affect the health, welfare or safety of the public or other pertinent information.
   (C)   Procedures.
      (1)   Application; fees. The subdivider shall submit a written application for approval and shall pay the fees established by §§ 62-161 et seq.
      (2)   Recommendation for approval by Planning Commission. The Planning Commission shall recommend approval, modification or disapproval of a plat within 60 days after the submission of the plat to the city and after conducting a public hearing as set by the City Clerk within such period as required by Public Act 285 of 1931 (Extra Session), § 15, being M.C.L.A. §§ 125.31 et seq., as amended, and shall note such action upon 1 or more copies thereof and then transmit 1 or more copies thereof to the City Council.
      (3)   Distribution to authorities. The subdivider shall submit to the various approving authorities the number of validated copies of the preliminary plat required by the Subdivision Act.
      (4)   List of authorities; filing. The subdivider shall then file with the City Clerk a list of all authorities to whom validated copies of the preliminary plat have been distributed.
   (D)   Actions.
      (1)   Letters of conditional approval or rejection. When the subdivider has secured the approvals of the various approving authorities as required by the Subdivision Act, the subdivider shall deliver the approvals to the City Clerk.
      (2)   City Council review.
         (a)   The City Council shall not review, approve or reject a preliminary plat until it has received from the Planning Commission its report and recommendations, unless no such action is taken by the Planning Commission within 60 days from the date the plat is filed with the City Clerk.
         (b)   The City Council shall, within 30 days after receipt of the necessary approved copies of the preliminary plat, either approve or reject it and give its reasons therefor.
   (E)   Conditions.
      (1)   The city may enter into a written agreement with the developer to construct within a reasonable time certain improvements within the area to be platted. No construction shall be undertaken in the plat area before the grant of all approvals of the preliminary plat plans as provided in the Subdivision Act and the furnishing to the City Clerk of a cash deposit, certified check or irrevocable bank letter of credit, whichever the proprietor selects, or a surety bond acceptable to the city, covering the estimated costs of construction of improvements required by the city, in the amount acceptable to the city, to insure the faithful performance of the agreement. All such security arrangements shall remain in effect for the period of construction.
      (2)   Approval of a preliminary plat shall not constitute approval of the final plat. Approval of the final plat shall be conditioned on all further requirements being met.
   (F)   Duration.
      (1)   Approval of the preliminary plat by the City Council shall be for a period of 2 years from the date of its approval.
      (2)   The City Council may extend the 2 year period if applied for and granted in writing.
      (3)   The City Council may extend an expired preliminary plat for good cause if applied for by the proprietor and granted in writing by the City Council after review and approval of the Planning Commission.
(1993 Code, § 62-34) (Ord. passed 2-23-1998)
§ 62-35 FINAL PLATS.
   (A)   Requirements.
      (1)   Final plats shall be prepared and submitted as provided in the Subdivision Act.
      (2)   A written application for approval and the recording fee shall accompany all final plats.
      (3)   The subdivider shall submit proof of ownership of the land included in the final plat in the form of an abstract of title certified to the date of the proprietor's certificate or a policy of title insurance currently in force.
   (B)   Submission to approving authorities. The subdivider shall submit the final plat and as-built engineering plans, where required for approval, to the City Clerk and all agencies enumerated in the Subdivision Act for certification of approval.
   (C)   Actions.
      (1)   Departmental.
         (a)   The involved city departments shall examine the plat within 20 days of receipt thereof, for conformance to the following:
            1.   The provisions of the Subdivision Act;
            2.   The provisions of this chapter;
            3.   The preliminary plat, as approved;
            4.   City standards, rules and regulations.
         (b)   The time for review and recommendations by the city may be extended by agreement with the subdivider.
      (2)   Planning Commission.
         (a)   The Planning Commission shall examine the plat within 40 days of receipt and forward it to the City Council and recommend that the City Council approve or disapprove the plat. If a recommendation to disapprove is forwarded, the reasons for disapproval shall accompany the plat.
         (b)   Recommendations for approval of the plat by the City Council shall be accompanied by a copy of the minutes of the Planning Commission in which approval was recommended.
      (3)   City Council.
         (a)   The City Council shall review the final plat and the report from the departments and the Planning Commission at its next regular meeting or at a meeting to be called within 20 days from receipt of submission of the plat and reports from the Planning Commission.
         (b)   The City Council shall approve the plat or disapprove it. If disapproved, it shall give the subdivider its reasons in writing.
         (c)   The City Council shall instruct the City Clerk to record all proceedings in the minutes of the meeting, which shall be open for inspection, and to sign the city certificate on the approved plat on behalf of the City Council, signifying approval of the plat by the City Council. The certificate shall show the date of the meeting at which the approval was made and the date the certificate was signed by the Clerk.
      (4)   Guarantee for construction of improvements and facilities required by the city. (See §§ 62-86 et seq.)
         (a)   The City Council may require all improvements and facilities to be completed before it approves the final plat.
         (b)   If improvements and facilities are not required to be completed by the City Council before plat approval, the final plat shall be accompanied by a contract between the subdivider and the City Council for completion of all required improvements and facilities.
         (c)   Performance of the contract shall be guaranteed by cash deposit, certified check, surety bond or irrevocable bank letter of credit.
         (d)   The City Council shall not require a guarantee duplicating any guarantee required by another governmental agency.
         (e)   Such surety shall be rebated or credited to the account of the proprietor as the work progresses, as included in a written agreement between the city and the subdivider.
         (f)   If the developer shall fail to complete the city improvements required by the city within the period of time stated in the written agreement for the completion of public improvements, the City Council may proceed to have such work completed from the remaining security funds available to it for such purpose.
(1993 Code, § 62-35)
§§ 62-36 – 62-55 RESERVED.
ARTICLE III. DESIGN STANDARDS
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