1240.02  AMENDMENTS OF STATE ACT.
   Act 288 of the Public Acts of 1967, as amended, as adopted in Section 1240.01, is hereby changed, altered, or amended in the following respects:
   Section 3.1 Specifications for Plans and Plats.  In addition to the general requirements set forth in Sections 111 and 112 of Act 288, the following information shall be required with submission of the preliminary plat:
   (a)   A location map showing the relationship of the proposed plat to the surrounding area.
   (b)   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.
   (c)   Streets, street names, right of way and roadway widths.
   (d)   Other rights of way or easements, showing location, width and purpose as available.
   (e)   Contours at two-foot intervals or less where necessary.
   (f)   Recorded high water elevations in the vicinity of rivers and lakes;  the elevation of the maximum ground water table in cases where it is less than ten feet from ground surface, to determine limitations of drainage and sewage systems.
   (g)   Proposed and existing storm and sanitary sewers and watermains.
   (h)   All existing structures and other physical features which would influence the layout and design of the subdivision.
   (i)   Proposed sites, if any, for multifamily dwellings, shopping centers, churches, industry and other nonpublic uses exclusive of single-family dwellings.
   (j)   Any sites proposed for parks, playgrounds, schools or other public uses.
   (k)   Two copies of proposed protective covenants and deed restrictions as an indication of conformance with present zoning.
   To obtain the public viewpoint, the Planning Commission shall call a public hearing within forty-five days of the filing of the preliminary plat with the Village.
   Street names should be named after presidents or trees.
   Section 3.2 Subdivision Design Standards.
   (a)   Traffic Ways.
      (1)   Street Location and Arrangement:  When a major street plan has been adopted, subdivisions shall be required to conform to the plan.  Arterial streets shall be dedicated or reserved in the locations and widths shown on the plan as a condition of plat approval.
      (2)   Through Traffic:  Local streets shall be arranged, where possible, as to discourage their use by through traffic.
      (3)   Street Continuation and Extension:  The arrangement of streets shall provide for the continuation of existing streets from adjoining areas into new subdivisions.
      (4)   Stub Streets:  Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be extended to the boundary line of the tract to make provisions for the future projection of streets into adjacent areas.
      (5)   Alleys:  Alleys shall not be permitted in single-family or two-family residential areas.
      (6)   Marginal Access Streets:  Where a subdivision abuts or contains an arterial street, marginal access streets may be provided approximately parallel to and on each side of the right of way, at a distance suitable for the use of the intervening lands for park purposes or planting screens.  This will provide protection for residential properties and separate through traffic from local traffic.
      (7)   Street Widths:  Any section line or quarter line road shall be a minimum of 100 feet in width.  Minimum widths for local streets shall be sixty-six feet.
      (8)   Half-Streets:  Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision and where it will be practical to obtain dedication of the other half of the street from the adjoining land at the same time.
      (9)   Private Streets:  Private streets shall not be permitted.
      (10)   Cul-de-sacs:  A cul-de-sac shall not be more than 600 feet in length and shall have a minimum external diameter of 150 feet.
      (11)   Conformity to County Standards:  All traffic ways shall conform to the standards of the County Road Commission.
   (b)   Intersections.
      (1)   Angle of Intersection:  Streets shall intersect as nearly to ninety degrees as possible.
      (2)   Sight Triangles:  Minimum clear sight distance shall be established for all intersections in which no building, pole or other visual obstruction higher than two feet would be permitted.  Vehicles should be visible to the driver of another vehicle when each is seventy-five feet from the center of the intersection for minor streets.  The standards of the Village shall apply on other street types.
      (3)   Number of Streets:  No more than two streets shall cross at any one intersection.
      (4)   Centerline Offsets:  Slight jogs at intersections are unsafe.  Where such jogs are unavoidable, street centerlines should be offset by a distance of 125 feet or more.
   (c)   Pedestrianways.
      (1)   Crosswalks: Right-of-way for pedestrian crosswalks in the middle of long blocks shall be required where necessary.  See Section 3.3(d)(4).
      (2)   Sidewalks:  Sidewalks shall be required.  See Section 3.3(d)(4) for improvement requirements.
   (d)   Lots.
      (1)   Conformity to Zoning Code:  The lot width, depth and area shall not be less than the particular district requirements of the Zoning Code, except where outlots are provided for some indicated purpose.
      (2)   Back-Up Lots:  Lots shall back, rather than face, onto such features as freeways, shopping centers or industrial properties.  Also lots should back, rather than face, onto arterial streets.
   Section 3.3 Subdivision Improvements.
   (a)   Purpose:  It is the purpose of this section to establish and define the public improvements which will be required to be constructed by the subdivider as conditions for final plat approval and also to outline the procedures and responsibilities of the subdivider and the various public officials and agencies concerned with the administration, planning, design, construction and financing of public utilities and facilities, and to further establish procedures for assuring compliance with these requirements.
   (b)   Responsibility for Plans:  It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer a complete set of construction plans, including profile, cross-sections, specifications and other supporting data, for the hereinafter required public streets, utilities and other facilities.  Such construction plans shall be based on preliminary plans which have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat.  All construction plans shall be prepared in accordance with the following public improvement standards or specifications as approved by the various public agencies of the Village and County.
   (c)   Procedure on Submittal:  One complete set of reproducible as-built engineering plans of each required public improvement shall be filed with the Clerk upon completion of construction.
   (d)   Required Public Improvements:  Every subdivision developer shall be required to install the following public and other improvements in accordance with the conditions and specifications as follows:
      (1)   Water Supply System:  When a proposed subdivision is located adjacent to or reasonably near the service area of a public water supply system, fire hydrants or other required water system appurtenances shall be constructed in such a manner as to adequately service all lots shown on the subdivision plat, both for domestic use and fire protection. In the event of the nonexistence or nonavailability of a public water  supply system, a subdivision water supply system, if considered economically feasible (as determined by the Planning Commission with the advice of the designated Village engineer and approval by Council) shall be installed by the developer.  If it is not feasible to install any type of public water supply system in a proposed subdivision (in the judgment of the Commission with the advice of the designated Village engineer and the Barry-Eaton District Health Department), then the subdivider shall, with the approval of the Commission, install individual wells in accordance with the requirements of the Barry-Eaton District Health Department.
         The sizes of water mains, the location and type of valves and hydrants, the amount of soil cover over the pipes, and other features of the installation shall be approved by the designated Village engineer and shall conform to the accepted standards of sound practices for municipal water supply and fire protection systems.
         All easements and water supply improvements shall be dedicated to the public and accepted by Council for administration, operation and maintenance.  No proprietary rights of any type or description shall be retained by the developer or owner of the subdivision.  In the event that land reserved for well sites is not used for that purpose and it is appropriate for lot development, such land shall revert to the subdivider for such use.
      (2)   Sanitary Sewer System:  When a proposed subdivision is located within, adjacent to or reasonably near the service area of a public sanitary sewer system, sanitary sewers and other required appurtenances thereto shall be installed in such a manner as to serve adequately all lots with connections to the public sewer system.  Sewer systems shall be installed in accordance with plans prepared or approved by the Planning Commission, the designated Village engineer, and Council. 
(Ord. Unno.  Passed 9-13-76.)
      (3)   Street Name Signs, Traffic Control Signals, Devices and Signs:  Street name signs shall be installed in the appropriate locations at each intersection in accordance with the requirements of the Village.  Appropriate traffic and parking control signals, devices and signs meeting the standards of the Michigan Manual of Uniform Traffic Control Devices  shall be installed as directed by the Village Traffic Engineer.  (Ord. Unno.  Passed 3-12-79.)
      (4)   Sidewalks and Crosswalks:  Where the average width of lots, as measured at the street frontage line or at the building setback line, is less than 100 feet but in excess of eighty feet, sidewalks on one side shall be required.  Where lot widths are eighty feet or less, sidewalks shall be required on both sides of the street.  Where lots average over 100 feet in width, sidewalks shall be as required by the Planning Commission.
         Sidewalks and crosswalks shall be constructed in accordance with the requirements of the Village.
         Crosswalks, when required by the Commission, shall be at least ten feet in width and include a paved walk, the width of said pavement to be determined by the Commission at the time of application.  They shall be fenced along the side lines with a chain link fence at least four feet in height. 
(Ord. Unno.  Passed 9-13-76.)
      (5)   Monuments:
         A.   Monuments shall be set in accordance with Act 288 of the Public Acts of 1967, as amended, and the rules of the State Department of the Treasury.
         B.   Any monument or lot marker removed during construction of roads, placement of utilities or other public improvements shall be replaced by the contractor or utility responsible, by a registered surveyor or by a registered engineer.
      (6)   Streets and Alleys:  All streets and alleys shall be constructed and dedicated in accordance with the standards, regulations and specifications adopted by the County Road Commission, the State Department of Transportation, and the requirements of these regulations.
      (7)   Curbs and Gutters:  Curbs and gutters shall be required on all streets and shall be constructed in accordance with the standards and specifications adopted by the Eaton County Road Commission.
      (8)   Telephone and Electric Utility Lines:  All new telephone and electric utility lines shall be required to be installed underground.
      (9)   Storm Drainage:  An adequate storm drainage system, including necessary storm sewers, drain inlets, manholes, culverts, bridges and other appurtenances, shall be required in all subdivisions.  The requirements for each particular subdivision shall be established by the County Drain Commissioner and the designated Village Engineer.  Construction shall follow the specifications and procedures established by the County Drain Commissioner and the designated Village Engineer.  All proposed storm drainage construction plans for proposed plats shall be approved by the County Drain Commissioner and the designated Village Engineer.  The drainage system and all necessary easements thereto shall be dedicated pursuant to the regulations and requirements of the County Drain Commissioner.
      (10)   Street Lighting:  Installation of street lights shall be required in accordance with design and specification standards approved by the designated Village Engineer.
   (e)   Fees for Inspecting Improvements:  Council may, by resolution, establish a fee schedule for the inspection of improvements included within a plat, such as sewers, water systems and other utilities or improvements.  The subdivider shall be responsible for all inspection fees. 
(Adopting Ordinance)
   Section 3.4 Guarantee of Completion of Public Improvements.
   (a)   Financial Guarantee Arrangements and Exceptions:  In lieu of the actual installation of required public improvements, the subdivider may elect to provide a financial guarantee of performance in one or a combination of the following arrangements for those requirements which are over and beyond the requirements of the Village, the County Road Commission or any other agency responsible for the administration, operation and maintenance of the applicable public improvement.  No financial guarantee of performance shall be required under this chapter for sidewalks, street lights or street trees.  Performance in case these improvements are specified shall be required for the issuance of occupancy permits.
   (b)   Performance or Surety Bond:
      (1)   Accrual:  The bond shall accrue to the respective government agency responsible for administering the construction, operation and maintenance of the specific public improvement.
      (2)   Amount:  The bond shall be in an amount equal to the total estimated cost for completing construction of the specific public improvement, including contingencies.
      (3)   Term Length:  The term length in which the bond is in force shall be for a period to be specified by the respective public agency responsible for the specific public improvement.
      (4)   Bonding or Surety Company:  The bond shall be with a bonding company or surety company authorized by the Secretary of State to do business in the State.
   (c)   Cash Deposit, Certified Check, Negotiable Bond or Irrevocable Bank Letter of Credit:
      (1)   Treasurer, Escrow Agent or Trust Company:  A cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit, such surety acceptable by the Village, shall accrue to the respective public agency responsible for administering the construction, operation or maintenance of the specific public improvement.
         The deposits shall be made with the treasurer of the respective government of which the public agency is part, or deposited with a responsible escrow agent or trust company, subject to the approval of the respective government legislative body, Council, the County Board of Commissioners or the respective school district board.
      (2)   Dollar Value:  The dollar value of the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be equal to the total estimated cost of construction of the specific public improvement, including contingencies.
      (3)   Escrow Time:  The escrow time for the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be for a period to be specified by the respective public agency responsible for administering the specific public improvement.
      (4)   Progressive Payment:  In the case of cash deposits or certified checks, an agreement between the respective public agency and the subdivision developer may provide for progressive payment out of the cash deposit or reduction of the certified check, negotiable bond or irrevocable bank letter of credit, to the extent of the estimated cost of the completed portion of the public improvement in accordance with the standard practices of the public agency responsible for administering the specific public improvement.
   Section 3.5 Variances.
   (a)   General Variance:  The Planning Commission may recommend to Council a variance from the provisions of this chapter when, in its opinion, undue hardship may result from strict compliance.  In granting any variance, the Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest.  In making its findings, as required hereinafter, the Commission shall take into account the nature of the proposed use of land and 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 subdivision upon traffic conditions in the vicinity.  No variance shall be recommended unless the Commission finds that:
      (1)   There are such special circumstances or conditions affecting said property that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land.
      (2)   The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
      (3)   The granting of the variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated.
   (b)   Applications Required:  Application for any such variance shall be submitted in writing by the subdivider at any time when the preliminary plat is filed for the consideration of the Commission.  The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner. 
(Ord. Unno.  Passed 9-13-76.)