For the purpose of this chapter, the following words, terms and phrases, wherever used in this chapter, shall have the meanings ascribed to them. All terms as defined in the Land Division Act, Act 288 of the Public Acts of 1967, as amended, shall control, unless the context clearly indicates a different meaning.
(a) For the purpose of these Subdivision Regulations, the numbers, abbreviations, terms and words which appear shall be used, interpreted and defined as indicated in this chapter.
(b) Unless the context clearly indicates otherwise, words used in the present tense include the future tense, words used in the singular include the plural and "these Regulations" or "this chapter" means the Subdivision Control Ordinance of the Village of Franklin, Michigan.
(c) A "person" includes a corporation, a partnership and an incorporated association of persons such as a club; "shall" and "will" are always mandatory; a "building" includes a "structure"; a "building" or "structure" includes any of its parts and "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."
(1) "Alley" means a strip of land not more than thirty feet in width, dedicated and improved for public use, which affords a secondary access to abutting property, but which is not intended for general traffic circulation or for parking, standing or loading.
(2) "Block" means a subdivided parcel of land surrounded on all sides by one or more of the following barriers: streets, public parks, cemeteries, railroad rights of way, shorelines of waterways, unsubdivided acreage, boundary lines of the Village, the exterior boundary of the subdivision or any other barriers to the continuity of development.
(3) "Buildable " means having sufficient upland area outside of wetlands, floodplains, required buffers or natural feature setbacks to conform to minimum structure setbacks, floor area, parking, sewage disposal and accessory building and use requirements, unless, prior to a subdivision or land division application, any necessary permit or approval is obtained to allow construction in the wetland, floodplain, required buffer or natural feature setback.
(4) "Building line" means a line within a platted lot which is parallel to the front lot line at the minimum required front setback line pursuant to the Zoning Code of the Village.
(5) "Caption" means the name by which a plat is legally and commonly known.
(6) "Condominium project" means a project consisting of not less than two condominium units established in conformity with the Condominium Act, Act 59 of the Public Acts of 1978, being M.C.L.A. 559.101 et seq.; M.S.A. 26.50(101) et seq.
(7) "County Drain Commissioner" means the Oakland County Drain Commissioner.
(8) "County Health Department" means the Oakland County Health Department.
(9) "County Plat Board" means the Oakland County Plat Board.
(10) "County Road Commission" means the Road Commission for Oakland County.
(11) "Easement" means a grant by the property owner of the use of a strip of land by the public, a corporation or a private person for specific uses or purposes, which shall be designated as a public or private easement depending on the nature of the use.
(12) "Floodplain" means that area of land which is typically adjacent to a river, stream, or other body of water, and which is designated as subject to flooding from the 100-year base flood indicated on the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency.
(13) "Improvements" means grading, street surfacing, curb and gutter, pedestrian/bicycle paths, water mains and lines, storm and sanitary sewers, utilities, bridges, drainage, street trees and other additions to the natural state of land which increases the land's value, utility and habitability.
(14) "Lot" means a measured portion of a parcel or tract of land which is described and fixed in a recorded plat.
A. "Corner lot" means a lot having two adjacent sides, both of which abut their full length upon a street, provided that such two sides intersect at an angle of not more than 135 degrees. Where a lot is on a curve, if the tangents through the extreme point of the street lines of such lot make an interior angle of not more than 135 degrees, it shall be considered a corner lot. In the case of a corner lot with a curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above. (A tangent is a straight line extended from the outer edges of a curve which intersect to form a corner.)
B. "Double frontage lot" means a lot having frontage on two more or less parallel streets. In the case of a row of double frontage lots, one street shall be designated as the front street for all lots in the plat and in a request for a zoning compliance permit or building permit. If there are existing buildings in the same block fronting on one or both of the streets, the required minimum front yard setback shall be observed on those streets where buildings presently front.
(15) "Lot area." See Section 1240.08 of the Zoning Code.
(16) "Lot depth." See Section 1240.08 of the Zoning Code.
(17) "Lot frontage." See Section 1240.08 of the Zoning Code.
(18) "Lot line." See Section 1240.08 of the Zoning Code.
(19) "Lot width." See Section 1240.08 of the Zoning Code.
(20) "Nonresidential subdivision" means a subdivision whose intended use is other than residential, such as commercial or office.
(21) "Parcel" or "tract" means a continuous area or acreage of land which can be described as provided for in the Subdivision Control Act.
(22) "Parcel of record" means any of the following:
A. A lot;
B. A portion of a lot;
1. A combination of complete lots, or parts thereof; or
2. A parcel which has been described in a survey by metes and bounds, the accuracy of which is attested to by a land surveyor (registered and licensed in the State of Michigan), and which has been recorded with the Oakland County Register of Deeds.
A parcel of record shall be at least sufficient in size to meet the minimum Village requirements for use, coverage, area, setbacks and open space, and shall have frontage on a dedicated roadway, or, if permitted by this chapter, on a private road.
(23) "Planning Commission" means the Planning Commission of the Village of Franklin.
(24) "Plat" means a map or chart of a subdivision of land.
A. "Preliminary plat" means a map showing the salient features of a proposed subdivision submitted to the Village for purposes of preliminary consideration prepared in conformity with the Subdivision Control Act and this chapter.
B. "Final plat" means a map of all or part of a subdivision prepared and certified by a registered engineer or land surveyor substantially conforming to the preliminary plat and prepared in conformity with the Subdivision Control Act and this chapter, and suitable for recording by the County Register of Deeds. Such map must meet the requirements of this chapter and of the Subdivision Control Act.
(25) "Public reservation" means a portion of a subdivision set aside for eventual public use and made available for public acquisition.
(26) "Public utility" means all persons, firms, corporations, co-partnerships or municipal or other public authorities providing gas, electricity, water, steam, telephone, sewer or other services of a similar nature.
(27) "Reserve strip" means a strip of land in a subdivision which extends across the end of a street proposed to be extended by future platting, or a strip which extends along the lengths of a partial-width street proposed to be widened by future platting.
(28) "Right of way" means a strip of land occupied or intended to be occupied by a street, walkway, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or another use. Every right-of-way strip established and shown on a final plat is to be distinct from the lots or parcels adjoining it. Rights of way intended to be maintained by a public agency shall be dedicated to public use.
(29) "Street" means any avenue, boulevard, road, lane, parkway, viaduct or other way which is an existing State, County or Municipal roadway, or any road or way shown in a plat heretofore approved pursuant to law. A street, as defined herein, includes the land between the right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, parking areas and lawns.
A. "Boulevard street" means a street with two one-way pavements separated by a median.
B. "Collector street" means a street intended to serve as a major means of access from local streets to major streets and county primaries. Collector streets may serve abutting properties and may also carry traffic generated by other local streets.
C. "Cul-de-sac" means a short minor street with one end open to vehicular traffic and the other end permanently terminated by a vehicular turn-around.
D. "Dead-end" or "stub street" means a street with one end open to vehicular traffic and no vehicle turn-around at the other end, which provides for eventual extension of the street onto unplatted land.
E. "Half street" means a street containing less than the required right-of-way width.
F. "Local street" means a street of limited continuity used primarily to provide access to abutting residential properties.
G. "Major street" or "thoroughfare" means an arterial street of great continuity which is intended to serve as a large volume trafficway for both the immediate Municipal area and the region beyond and which may be designated in the Village Master Plan as a major thoroughfare, parkway, expressway or equivalent term to identify those streets comprising the basic structure of the street plan.
H. "Marginal access street" or "minor street" means a local street which is parallel to and adjacent to a major street and which provides access to abutting properties and protection from through traffic and which does not carry through traffic.
(30) "Street width" means the shortest distance between the lines delineating the right of way of a street.
(31) "Subdivider" or "proprietor" means a person who may hold any ownership interest in land, whether recorded or not.
(32) "Subdivision Control Act" (a/k/a "Land Division Act”) means Act 288 of the Public Acts of 1967, as amended.
(33) "Village Planner" means the person or professional planning consulting company designated as the Village Planner by the Planning Commission.
(34) "Zoning Code" means the Zoning Code of the Village of Franklin, Michigan, as amended.
(Ord. 95-26. Passed 2-13-95. Ord. 2003-08. Passed 12-8-03.)