Loading...
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)
(A) Upon the filing of a petition by the owner or owners of all interest therein with the governing body, platted lots, outlots, or parcels of land in existing recorded plats may be partitioned or divided upon resolution of the governing body into not more than four parts each, each of which shall, in regard to width, depth, and area, conform to the terms and provisions of Ch. 157, as amended; provided, however, that lots, outlots, or parcels of land in the existing recorded plats, not served by public sewer and public water systems, shall not be further partitioned or divided if the resulting lots, outlots, or parcels are less than the minimum width and area provided under Public Acts 288 of 1967, being M.C.L.A. §§ 560.101 et seq.; further providing, however, that nothing herein shall prevent the governing body from approving the division of any such lot, outlot, or parcel of land in case where the owner of such divided parcel owns land immediately adjacent thereto, or in a case where there is presented to the governing body an executed agreement to sell and convey such divided parcel to the adjoining owner, and where the newly combined parcel shall become recorded as a single ownership, and where the combined width and area of the divided parcel and the adjacent parcel shall, as a single parcel, conform to the terms and provisions of this section and Ch. 157.
(B) The filed petition shall include a legal description of the proposed partition or division and newly formed lots, and a map prepared and certified by a surveyor, meeting the requirements of Public Act 288 of 1967, being M.C.L.A. §§ 560.143, except § 560.143(d) regarding monuments, and Public Act 288 of 1967, being M.C.L.A. §§ 560.144.
(C) The municipality may require as conditions for approval, the designation of reservation of easements, including non-access easements along roads, highways, and thoroughfares; the dedication of street right-of-way or portions thereof; the installation or guarantee of installation of public improvements; the recordation of protective covenants; and such other actions as would reasonably be required under the provision and scope of this section if the land were being initially platted.
(D) The filed petition shall be accompanied with the fees required under § 153.06, the fee schedule on “partitioning or division of lots”, if improvements are involved.
(1984 Code, § 6-02-07-010) (Ord. 11, passed 8-26-1969)
SUBDIVISION PLAT SUBMITTAL PROCEDURES
(A) Where a master subdivision plan is required by the below provisions, the pre-preliminary plat review is mandatory.
(B) In other cases, this review is optional at the discretion of the proprietor.
(1) Proprietor’s responsibility.
(a) The proprietor shall provide sketch plans for lot and street arrangements. He or she shall also indicate his or her intentions as to water supply, sewage disposal, surface drainage, and other proposals as appropriate.
(b) A master plan shall be prepared and submitted by the proprietor whenever:
1. The tract proposed is only a portion of a larger land holding; or
2. The tract is part of a larger land area which would pose problems of complicated development due to unusual topographic conditions, land use, land owners, or other conditions; and/or
3. Such master subdivision plan shall be considered a pre-preliminary plat for the area then proposed for platting.
(2) Municipality’s responsibility. The Planning Commission and/or Zoning Commission, as required, through it appropriate officials and agents, shall inspect the site, noting the following:
(a) Major thoroughfares in the area;
(b) Utility systems available to service the platted area;
(c) Adjacent land uses;
(d) Unusual development problems;
(e) Topography;
(f) Drainage;
(g) Existing zoning;
(h) Adequacy of existing schools and public open space; or
(i) Availability and feasibility of providing municipal services.
(3) Deposit. At the time that a proprietor requests a pre-preliminary review, he or she shall deposit with the Clerk-Treasurer the fee as provided for below.
(4) Findings. The Planning Commission and/or Zoning Commission, as required, shall, within 90 days of filing, furnish its findings to the proprietor. Such findings shall not commit the municipality to any subsequent actions, but shall be construed as informational findings to facilitate subsequent states of subdivision design.
(1984 Code, § 6-02-03-020) (Ord. 11, passed 8-26-1969)
(A) The preliminary plat shall be designed and drawn in accordance with Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293. At least 30 days prior to the regular meeting of the Planning Commission and/or Zoning Commission, as required, the proprietor shall submit ten copies of a letter of intent and the preliminary plat which shall contain and clearly indicate the following information in sufficient detail to enable a determination of whether the subdivision meets or will meet, when finally approved, the requirements of this chapter.
(B) Dimensional information in this stage may be approximated and scaled.
(1) Key map showing integration of proposed subdivision with surrounding area;
(2) Owners of adjacent property;
(3) Adjacent development names;
(4) Tract boundary;
(5) Title of subdivision;
(6) North arrow and date of preparation;
(7) (a) Site date; total acreage:
1. Gross;
2. Net (residential use only); and
3. Any other use, i.e., golf course, marina, and the like.
(b) Number of lots and outlots indicating type of use in each outlot; and
(c) Typical building sizes, placement, and arrangement. Setback lines must be shown on all corner lots, cul-de-sac lots, and other lots having unusual shape or configuration.
(8) Streets.
(a) Right-of-way widths;
(b) Pavement lines where necessary to illustrate design (e.g., intersections, cul-de-sacs, and the like);
(c) Names; and
(d) Identification of any streets or roads in or abutting the plat under jurisdiction of the County Road Commission.
(9) Lot lines and numbers;
(10) Easement lines, use of easement;
(11) Prominent natural and human-made features (identify any county drains in or serving the plat);
(12) Notation of reserved and dedicated parcels, specifying intended use and deed conveyances, if any;
(13) Proposed development drawn over a two-foot contour interval map;
(14) Letter of intent, containing proposed types and extent of improvements for: streets; curbs and gutters; sidewalks; water supply and distribution; sanitary sewers; storm sewers; street trees; common open spaces and recreational facilities; any other improvements pertinent to the purposes of this chapter;
(15) Draft outline of restrictive covenants and other proposals referred to in Public Act 288 of 1967, being M.C.L.A. § 560.258; and
(16) The preliminary plat shall be drawn to a scale of 100 feet to one inch.
(b) Planning Commission and/or Zoning Commission, as required, action. Upon completion of its review and within 45 days of submittal by the proprietor, the Planning Commission and/or Zoning Commission, as required, will:
1. Recommended complete denial by the governing body for specific reasons;
2. Recommended approval by the governing body of the preliminary plat as submitted; or
3. Recommended approval by the governing body after receipt of plans containing specified revisions.
(c) Governing body review. Upon notification by the Planning Commission and/or Zoning Commission, as required, the Clerk-Treasurer then places the review of the preliminary plat on the agenda of the governing body.
(d) Governing body action. Upon review of the Planning Commission’s and/or Zoning Commission’s, as required, recommendation, the governing body shall, within 90 days from date of submittal by proprietor, grant tentative approval or reject, for specific reasons, the preliminary plat.
(e) Approval period.
1. Tentative approval of a preliminary plat shall become void after the expiration of one year from the date of such approval, unless the proprietor shall have submitted a preliminary plat for final approval or unless the governing body, in its discretion, grants an extension to the said one-year period upon the written application of the proprietor.
2. Said tentative approval shall confer only the rights afforded to the proprietor under the provision of Public Act 288 of 1967, being M.C.L.A. § 560.112(4).
(1984 Code, § 6-02-03-030) (Ord. 11, passed 8-26-1969)
(A) After the proprietor has obtained the tentative approval of the governing body for the preliminary plat, the proprietor shall submit his or her preliminary plat to all authorities as required by Public Act 288 of 1967, being M.C.L.A. §§ 560.112 through 560.118.
(B) A proprietor desiring final approval of a preliminary plat shall submit the following items to the Clerk-Treasurer:
(1) A list of all authorities required by law to process and/or to approve the preliminary plat, citing the date and action by each such authority; said list shall be certified as correct by the proprietor before a notary public;
(2) Copies of the preliminary plat as approved by all authorities as required by Public Act 288 of 1967, being M.C.L.A. §§ 560.112 through 560.118;
(3) The payment of fees required to that stage, as provided for below; and
(4) The preliminary plat may be in blueprint form and shall display in approximate form the dimensional information required to be on the final plat.
(C) Within 20 days of the submission of the foregoing, the governing body shall grant final approval of the preliminary plat if the proprietor has met all conditions laid down for approval of said plat, or reject said plat and advise the proprietor of the reason(s) for said rejection. Approval is subject to the limitations of Public Act 288 of 1967, being M.C.L.A. §§ 560.120(a), and is for a two-year period so specified in that section of that Act.
(1984 Code, § 6-02-03-040) (Ord. 11, passed 8-26-1969)
Loading...