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(a) Prior to the preparation of a preliminary plat, it is suggested that the proprietor investigate the procedures and standards of the Municipality with reference to these Regulations and the proposals of the Master Plan as they affect the area in which the proposed subdivision is located. The proprietor should not submit the preliminary plat at this time.
(b) The proprietor shall concern himself or herself with the following factors:
(1) The proprietor shall secure a copy of the Zoning Code, Subdivision Regulations, Land Development Regulations, application to plat land (refer to the Procedures Guide) and other similar ordinances or controls relative to the subdivision and improvement of land so as to make himself or herself aware of the requirements of the Municipality.
(2) The area for the proposed subdivision shall be properly zoned for the intended use.
(3) An investigation of the adequacy of existing schools and the adequacy of public open spaces, including parks and playgrounds, to serve the proposed subdivision shall be made by the proprietor.
(4) The relationship of the proposed subdivision with respect to major thoroughfares and plans for widening of thorofares shall be investigated by the proprietor.
(5) Standards for sewage disposal, water supply and drainage of the Municipality shall be investigated by the proprietor.
(Ord. 268. Passed 7-27-81.)
The procedure for the preparation and review of a preliminary plat requires tentative and final approval as follows:
(a) Tentative Approval.
(1) Filing.
A. Copies of a valid and complete preliminary plat of the proposed subdivision, together with the application and supporting data as required by the Procedures Guide and the Subdivision Act, shall be filed with the Planning Department.
B. Copies of the plat of the proposed subdivision shall be submitted to the Macomb County Plat Coordinating Committee in concurrence with submittal to the Planning Department.
C. The preliminary plat shall be prepared in accordance with Section 111 of the Subdivision Act and in accordance with the requirements of these Regulations.
(2) Identification and description. The preliminary plat shall include:
A. The proposed name of the subdivision.
B. The location by section, town and range, or by other valid legal description.
C. The names and addresses of the proprietor, the owner and the planner, designer, engineer or surveyor who designed the subdivision layout. The proprietor shall also indicate his or her interest in the land.
D. The scale of the plat. One inch equals 100 feet is the minimum acceptable scale.
E. The date.
F. The northpoint.
(3) Existing conditions. The preliminary plat shall include:
A. An overall area map at a scale of not less than one inch equals 2,000 feet, showing the relationship of the subdivision to its surroundings, such as section lines and/or major streets or collector streets.
B. The boundary line of the proposed subdivision, section or corporation lines within or adjacent to the tract and overall property dimensions.
C. The property lines of contiguous adjacent tracts of subdivided and unsubdivided land shown, including roadways, up to 300 feet, in relation to the tract being proposed for subdivision, including those of areas across abutting roads with those unplatted landowners being designated by name.
D. The location, widths and names of existing or prior platted streets and private streets and public easements within or adjacent to the tract being proposed for subdivision, including those located across abutting roads.
E. The location of existing sewers, water mains, storm drains and other underground facilities within or adjacent to the tract being proposed for subdivision.
F. The location of major stands of trees within the tract proposed for subdivision, as well as a written description of such stand of trees, including the types of trees and life expectancy.
G. The topography drawn as contours with an interval of at least two feet in elevation, except that if the grade exceeds five percent, the contour interval shall be five feet. Topography shall be based on U.S.G.S. datum. Bench marks for the work shall be indicated on the plat. The contours shall extend a minimum of 150 feet beyond the boundary of the plat.
H. The school board or school board superintendent of the school district having jurisdiction in the area concerned shall be informed and made aware of the proposed preliminary plat by the proprietor. A copy of said letter to the school board or school board superintendent shall be submitted to the Planning Department with the preliminary plat.
(4) Proposed conditions. The preliminary plat shall include:
A. The layout of streets, indicating proposed street names, right of way widths, and connections with adjoining platted streets, and also the widths and locations of alleys, easements and public walkways.
B. The layout, numbers, dimensions and lot areas in square feet, including building setback lines showing dimensions.
C. An indication of parcels of land intended to be dedicated or set aside for public use or for the use of property owners in the subdivision.
D. An indication of the ownership and the existing and proposed use of any parcels identified as "excepted" in the preliminary plat. If the proprietor has an interest or owns any parcel identified as "excepted," in the preliminary plat shall indicate how this property could be developed in accordance with the requirements of the existing zoning district in which it is located and with an acceptable relationship to the layout of the proposed preliminary plat.
E. Proposed preliminary plats with direct access to major and secondary thoroughfares shall provide a full paved width of pavement across the entire plat frontage with respective acceleration and deceleration lanes, as well as passing lanes, unless waived by the Commission and governing body. Such paving specifications shall be determined by the Macomb County Road Commission or the Michigan Department of Highways and Transportation, as applicable or Township Paving Detail Sheet, as amended, whichever is stricter, as determined by the Township Engineer.
F. An indication of the required underground utilities.
G. An indication of a system for sewage.
H. An indication of a system proposed for water supply.
I. Storm drainage, including any retention basins and point of outlet at the subdivision line, proposed by a method approved by the governing body after recommendation from its Municipal Engineer.
J. In the case where the proprietor wishes to subdivide a given area, but wishes to begin with only a portion of the total area, the preliminary plat shall include the proposed general layout for the entire area. The part which is proposed to be subdivided first shall be clearly superimposed upon the overall plan in order to illustrate clearly the method of development which the proprietor intends to follow. Each subsequent plat shall follow the same procedure until the entire area controlled by the proprietor is subdivided.
K. If the subdivision is proposed to be developed under the subdivision open space plan, said subdivision shall meet the requirements of Section 1226.04.
(5) Planning Commission review - tentative approval.
A. The Planning Department shall receive the proposed plat and accompanying data as stated in paragraph (a)(1)A. hereof. Should any of the required data be omitted, the proprietor shall be informed of the data required and the application will be held pending receipt of the required data.
B. The Planning Department shall send the preliminary plat and petition to various reviewing agents as regulated by their Rules of Procedure. Upon receipt of correspondence from reviewing agents and the Macomb County Plat Coordinating Committee, the Planning Department shall review the preliminary plat in accordance with all details of the proposed subdivision within the framework of the Zoning Code, various elements of the Master Plan, standards of these Regulations and comments of reviewing agents. Upon finding that the preliminary plat meets all requirements, the plat shall be placed on the next regular Commission meeting agenda, at which meeting the proprietor will be scheduled to appear, such day to be considered the date of filing. However, should the preliminary plat not comply with these Regulations or the Subdivision Act, the Planning Department shall notify the petitioner, in writing, of matters to be resolved, and the application will be held at Departmental level until compliance with these Regulations and the Subdivision Act is made.
C. Upon the recommendation of the Planning Department, the Commission shall act on the preliminary plat within sixty days after the date of filing, unless the proprietor agrees to an extension, in writing, of the time required for approval by the Commission.
D. Should the Commission approve the preliminary plat, it shall notify the governing body of this action in a written report and forward the same, together with pertinent data of record, to the governing body for review.
E. Should the Commission find that the preliminary plat is not acceptable, it shall record the reason in its official minutes and forward a written report, together with pertinent data of record, to the governing body, and recommend that the governing body disapprove the preliminary plat.
(6) Governing body - tentative approval.
A. The governing body will not review a preliminary plat until it has received the review and recommendations of the Commission, provided that the Commission acted within the prescribed time frame. Following the receipt of such recommendations, the governing body shall consider the preliminary plat at such meeting that the matter is placed on the regularly scheduled agenda. The governing body shall take action on the preliminary plat within ninety days of the date of initial filing of the plat as described in Section 1224.03(a)(5)B.
B. Should the governing body tentatively approve the preliminary plat, it shall record its approval on the plat and return one copy to the proprietor.
C. Should the governing body disapprove the preliminary plat, it shall promptly notify the proprietor, in writing, stating the reasons for disapproval.
D. Tentative approval shall not constitute final approval of the preliminary plat.
E. No installation or construction of any improvements shall be made at this time.
F. Tentative approval by the governing body shall confer upon the proprietor, for a period of one year from the date of approval, approval of lot sizes, lot orientation and street layout. Such tentative approval may be extended if applied for by the proprietor and granted by the governing body, in writing. The proprietor must realize that ordinances and/or laws relevant to health, safety and welfare may be adopted after tentative approval has been granted, which do not relate to lot sizes, orientation or street layout, and that all such new requirements shall be applicable, unless waived by the Commission and the governing body.
(b) Final Approval.
(1) The proprietor shall file a valid preliminary plat, as tentatively approved by the governing body, with the Planning Department, together with a certified list of all authorities required to approve the preliminary plat as specified in Sections 112 to 119 of the Subdivision Act, and copies of the preliminary plat as approved by the required authorities. Upon receipt of the above, the Planning Department shall forward the plat with cited data to the governing body.
(2) The governing body shall take action at its next regular meeting or within twenty days of the date of filing.
(3) The Clerk shall promptly notify the proprietor of approval or rejection, in writing. If the plat is rejected, reasons shall be given and shall be recorded in the minutes pertaining thereto. The minutes of the meeting shall be open for inspection.
(4) Final approval of the preliminary plat shall confer upon the proprietor, for a period of two years from the date of approval, the conditional right that the general terms and conditions under which preliminary approval was granted will not be changed. The two-year period may be extended if applied for by the proprietor and granted by the governing body, in writing. Written notice of the extension shall be sent by the governing body to other approving authorities. The proprietor must realize that ordinances and/or laws relevant to health, safety and welfare may be adopted after tentative approval has been granted, which do not relate to lot sizes, orientation or street layout, and that all such new requirements shall be applicable, unless waived by the Commission and the governing body.
(5) No installation or construction of any improvements shall be made before the proprietor has met the following conditions:
A. Final approval by the governing body of the preliminary plat.
B. Recommendations from the Municipal Engineer to the governing body of engineering plans which shall include the location of houses, public water and sewer plans, plans for road construction, including the top of the backslope of roads, lot grading and run-off pattern, and the location of all utilities.
C. Deposits required by the Land Development Regulations have been received by the Township.
(Ord. 268. Passed 7-27-81; Ord. 369. Passed 5-14-07.)
The procedure for preparation and review of a final plat shall be as follows:
(a) Preparation.
(1) The final plat shall comply with the provisions of the Subdivision Act and these Regulations.
(2) The final plat shall conform substantially to the preliminary plat, as approved, and it may constitute only that portion of the approved preliminary plat which the proprietor proposed to record and develop at the time, provided, however, that such portion conforms to these Regulations.
(3) The proprietor shall submit, as evidence of title, to the Clerk, an abstract of title certified to date with the written legal opinion thereon, or, at the option of the proprietor, a policy of title insurance for examination in order to ascertain whether or not the proper names appear on the plat.
(b) Review.
(1) One mylar copy and fifteen paper prints of the final plat shall be filed by the proprietor with the Clerk, and such sums of money as the governing body may require herein, or by other ordinances or resolutions, shall be deposited. Such final plat shall have been processed in accordance with Act 288 of the Public Acts of 1967, Sections 162 through 165, as amended, prior to submission to the Township for its review.
(2) The final plat shall be reviewed by the Planning and Community Development Department as to compliance with the approved preliminary plat, and by the Municipal Engineer as to compliance with the plans for utilities and other improvements.
(3) The Planning and Community Development Department and the Municipal Engineer shall notify the governing body of their recommendations for either approval or rejection of the final plat within ten days of its date of filing.
(4) The governing body shall review all recommendations and take action on the final plat within twenty days of its date of filing in accordance with the procedures of Act 288 of the Public Acts of 1967, Sections 166 through 167, as amended.
(5) Upon approval of the final plat by the governing body, the subsequent approvals shall follow the procedures set forth in the Subdivision Act.
(6) The placing of required monuments and lot corner markers may be waived by the governing body for a period of one year from the date of approval of the final plat by the governing body, provided that the proprietor shall have delivered to the Clerk cash, a certified check or an irrevocable bank letter of credit running to the Municipality, whichever the proprietor selects, in an amount equal to twenty-five dollars ($25.00) per monument remaining to be placed, plus ten dollars ($10.00) per lot corner marker remaining to be placed. In no case shall said deposit be less than one hundred dollars ($100.00).
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 governing body 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. Any unexpended balance of the deposit shall then be returned to the party from whom it was received.
(7) In lieu of the proprietor having installed improvements, the governing body shall require of the proprietor, as a condition of final plat approval, a deposit in the form of cash, a certified check or an irrevocable bank letter of credit, whichever the proprietor selects, running to the Municipality for the full cost, as estimated by the Municipal Engineer, of improvements required in the Land Development Regulations, other than public streets and street drainage facilities, to ensure the completion of said improvements and facilities within a length of time agreed upon from the date of approval of the final plat by the governing body. The Municipality shall rebate to the proprietor, as the work progresses, amounts of any cash deposits equal to the ratio of the work completed to the entire project.
(8) Five copies of the proposed subdivision restrictions shall be furnished to the governing body.
(Ord. 268. Passed 7-27-81.)