Loading...
GENERAL PROVISIONS
This chapter has been enacted for the purpose of protecting the public health, safety, and general welfare of the residents of the municipality and of ensuring the orderly growth and harmonious development of the municipality by requiring:
(A) Proper arrangement of streets in relation to existing or planned streets or to the Master Plan;
(B) Adequate and convenient open spaces for traffic, utilities, access of firefighting equipment, recreation, light, air, privacy, and safety from fire hazards; and
(C) Establishment of standards for the design and construction of any and all improvements as herein required.
(1984 Code, § 6-02-01-010) (Ord. 11, passed 8-26-1969)
This chapter is made, interpreted, and enforced by the governing body and Planning Commission and/or Zoning Commission, as required, under authority of Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293 and Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 as amended, or any future amendments thereof.
(1984 Code, § 6-02-01-020) (Ord. 11, passed 8-26-1969)
(A) The provisions of this chapter shall be construed to be the minimum requirements necessary for the preservation of public health, safety, and welfare within the municipality. This chapter is not intended to repeal, abrogate, or supersede any existing regulations of the municipality, or to conflict with any statutes, laws, or regulations of the state or the county, except that these regulations shall prevail in cases where these regulations impose a lawful restriction or requirement more severe than existing statutes, laws, or regulations.
(B) (1) This chapter is intended, among other things, to discourage: wasteful utilization of land; patterns of development that are financially burdensome to municipalities and public bodies in terms of servicing and maintenance; and to encourage: conservation of natural resources such as floodplains, woods, and natural watercourses.
(2) It is intended that this chapter be closely related to Ch. 157 and the Master Plan of the municipality if one exists, and that basic policy on which general areas are suitable for subdivision development at various lot sizes and densities shall be established by zoning, it being recognized that not all land is suitable for subdivision development, but that certain lands should, by zoning, be preserved for agriculture or other low-density uses, industry, commerce, or other uses, or may become suitable for subdivision development after public utilities and/or facilities are reasonably available to the location.
(1984 Code, § 6-02-01-030) (Ord. 11, passed 8-26-1969)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public right-of-way which affords only a secondary means of access to abutting property
and not intended for general traffic circulation.
BUILDING LINE. A line established in a plat or by recorded restrictive covenants for the purpose of prohibiting construction of any portion of a building or structure between such line and any easement, right-of-way, or other public area.
CLERK-TREASURER. The Clerk-Treasurer of the municipality.
COLLECTOR ROAD. A street or highway intended primarily for mutual access between major and minor streets, for entrance to residential areas and for circulation within such areas.
CUL-DE-SAC. A short minor street with only one end open to vehicular traffic and being permanently terminated at the other end by a vehicle turnaround.
DEAD-END STREET. A street with only one end open to vehicular traffic and not provided with a vehicle turnaround at the other end.
EASEMENT. An irrevocable grant by the proprietor of the use of a parcel of land by the public or public utility, a corporation, or private person or persons for a specific purpose or purposes.
FINAL PLAT. A map of all or part of a subdivision prepared and certified as to its accuracy by a land surveyor. Such maps must meet the requirements of this chapter and Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293.
GOVERNING BODY. The legislative body of the municipality.
HALF-STREET. One half of the total right-of-way planned for a street located on the periphery of a subdivision and adjacent to unplatted land.
IMPROVEMENTS. Any additions to or changes in the natural state of the land which increases its value, utility, or habitability. IMPROVEMENTS include street pavements, curbs and gutters, sidewalks, grading, water systems and mains, storm and sanitary sewers, street trees, and other appropriate and similar items.
LOCAL or MINOR STREET. A street intended primarily to provide access to abutting property.
LOT. A portion of a subdivision or other parcel of land intended to be a unit of transfer of ownership or for development; also as defined in Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293.
MAJOR THOROUGHFARE. A main traffic artery designated on the Master Plan as a major thoroughfare.
MASTER PLAN. A sketch plan showing the lot, street, open space, and utility arrangements for the overall development of a tract of land, with part of the development not proposed in the present subdivision application.
MASTER PLAN. The Master Plan for the municipality, as adopted by the Planning Commission and/or Zoning Commission, as required, in accordance with Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 et seq., as amended. The MASTER PLAN is also referred to as the GENERAL DEVELOPMENT PLAN.
MINIMUM LOT WIDTH. In the case of rectangular lots, or lots on the outside of the curve of a street: The distance between side lot lines measured at the minimum building setback line on a line parallel to the street or street chord; in the case of lots on the inside of the curve of the street, the distance between side lot lines measured at the rear line of the dwelling, or 30 feet behind the front setback line, parallel to the street or street chord.
MUNICIPAL ENGINEER. A person or firm of consulting engineers so designated by the governing body to carry out the functions and duties of the Municipal Engineer as specified herein.
MUNICIPALITY. The Village of Holly, Michigan.
OUTLOT. A parcel of land lying within the boundaries of a platted subdivision, but not included as a numbered lot; also as defined in Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293.
PARCEL. A unit of land under one ownership.
PERFORMANCE GUARANTEE. Any security, including performance bonds, escrow agreements, and other similar collateral or surety agreements which may be accepted by the governing body as a guarantee that required subdivision improvements will be made by the proprietor.
PLANNING COMMISSION. The Planning Commission of the municipality.
PRELIMINARY PLAT. A map indicating the proposed layout of the subdivision in sufficient detail to provide adequate basis for review and to meet the requirements and procedures set forth in this chapter.
PRE-PRELIMINARY PLAT. A sketch map of a proposed subdivision of sufficient accuracy and scale to serve the purposes of this chapter.
PROPRIETOR. A natural person, firm, association, partnership, corporation, or combination of any of them which may hold any ownership interest in land whether recorded or not.
PUBLIC IMPROVEMENT STANDARDS. A set of standards approved by the governing body establishing the design and material specification to be used in all public improvements installed pursuant to these regulations. Such PUBLIC IMPROVEMENT STANDARDS shall be based on and reflect the general policies set forth in the schedule of improvement requirements in § 153.57(B)(1).
PUBLIC RESERVATION. A portion of a subdivision which is set aside for public use or made available for public use or made available for public acquisition.
PUBLIC UTILITY. A firm, corporation, or municipal authority providing gas, electricity, telephone, sewer, water, or other services of a similar nature.
PUBLIC WALKWAY. A public right-of-way dedicated for the purpose of pedestrian access, and located so as to connect to two or more streets, or a street and public land parcel.
RESERVE STRIP. 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 length of a partial width street proposed to be widened by future platting to the minimum permissible width.
STREET. A right-of-way dedicated and/or deeded for public use, other than an alley, which provides for public travel.
SUBDIVIDE or SUBDIVISION. The partitioning or dividing of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale or lease of more than one year or of building development, where the act of division creates five or more parcels of land each of which is ten acres or less in area; or five or more parcels of land each of which is ten acres or less in area are created by successive divisions within a period of ten years.
USABLE LOT AREA. The portion of a lot usable for or adaptable to the normal uses made of a residential property, excluding any areas which may be swampy, excessively steep, covered by water or included in a public easement for surface drainage or a private easement for a high voltage per transmission line.
(1984 Code, § 6-02-02-010) (Ord. 11, passed 8-26-1969)
As set by resolution of the governing body from time to time based on prevailing costs, the fee schedule for proceeding under this chapter shall follow this format.
Function Performed | Fee |
Function Performed | Fee |
Extension of period of tentative approval of preliminary plat (a) Where no modification, changes or deviations from original preliminary plat (b) Where there are modifications, changes, or deviations from original preliminary plat | $ _________% of original fee _________% of original fee |
Fees for engineering, review, and inspection of construction: a. Engineering review fees: for administrative and engineering expenses of processing and reviewing improvement plans required under § 153.56(C) shall be accompanied with payment by the proprietor of a fee in accordance with the following schedule as applicable: (i) Street and lot drainage and sidewalk plans: (A) Checking street plans, including checking grades, protection of slopes and street drainage and prevent ponding areas (B) Checking lot drainage plans. Includes checking of lot grading plans to provide adequate drainage and prevent ponding areas (ii) Storm sewer plans. Checking plant, examination, and approval of design plans to assure adequate storm drainage facility and checking surrounding areas and drainage districts to prevent flooding on to or from adjoining areas (iii) Water system plans, checking plans. Examination and approval of design plans, including checking of proper gate valve controls and hydrant coverage (iv) Street Paving: To be paid by contractor to Municipal Engineer at rate of $_______ per inspector per crew day, with the street paving contract, including an estimated amount for such purpose, subject to adjustment based on actual requirements | $_______ lot $_______ lot $_______ lot $_______ lot |
(ii) Storm sewer inspection of installation. This item shall include checking of grades, sewer construction, and appurtenances Estimated Construction Cost: $0 to $5,000 $5,000 to $50,000 $50,000 to $100,000 Over $100,000 (iii) Sanitary sewers: inspection of installation of sanitary sewers. This item to include checking of grades, sewer construction, and appurtenances: $0 to $5,000 $5,000 to $50,000 $50,000 to $100,000 Over $100,000 b. Construction inspection fees. For inspecting construction improvements. Inspection of construction of utilities, drainage facilities, and pavement will be performed by the Municipal Engineer and paid for by the proprietor. The estimated cost of improvements shall be furnished by the proprietor, including a tabulation of quantities and unit prices. This estimate is subject to approval of the Municipal Engineer. Five days prior to commencing construction, the proprietor shall deposit with the Clerk-Treasurer the estimated inspection fee, based on the following schedule: (i) Inspection of subdivision grading. Check subdivision grading to determine general conformance to plan and prevention of ponding, immediately after road subgrade approval (ii) Storm sewer inspection of installation. This item shall include checking of grades, sewer construction, and appurtenances Estimated Construction Cost: $0 to $5,000 $5,000 to $50,000 $50,000 to $100,000 Over $100,000 | $_______ lot $ ___% but not less than $ ___% but not less than $ ___% but not less than $ $ ___% but not less than $ ___% but not less than $ ___% but not less than $ |
(iii) Sanitary sewers: inspection of installation of sanitary sewers. This item to include checking of grades, sewer construction, and appurtenances: $0 to $5,000 $5,000 to $50,000 $50,000 to $100,000 Over $100,000 | $ ___% but not less than $ ___% but not less than $ ___% but not less than $ $ ___% but not less than $ ___% but not less than $ ___% but not less than $ |
Filing and recording fee required by statute | $__________ |
Final approval of preliminary plat | $______ per lot, with $_______ minimum |
Final plat approval (see also “fees for engineering” above) | $______ per lot, with $_______ minimum |
Partitioning or division of lots, pursuant to § 153.07 | $_____ per new lot or $____ per ______ acre, whichever is greater |
Pre-preliminary plan review | $______per lot, with $_______ minimum |
Tentative approval of preliminary plat | $ ______ per lot, with $_______ minimum |
(1984 Code, § 6-02-06-010) (Ord. 11, passed 8-26-1969)
Loading...