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If the Planning Commission determines the proposed subdivision of land:
(a) Adjoins an existing public street and does not involve the opening, widening, extension or improvement of any street or the installation of any public utility; and
(b) Creates not more than five lots; and
(c) That the original tract or all adjoining tracts of same ownership have been completely subdivided or would not be adversely affected by the proposed subdivision; and
(d) Complies with the Zoning Ordinance, and other sections of the Code;
then it shall be classified as a minor subdivision. (Ord. 1961-3. Passed 7-31-61.)
If a proposed subdivision, classified as minor, complies with the provisions of these Subdivision Regulations, and the sketch plan is satisfactory, it shall be approved, and a notation to that effect shall be made thereon by the secretary of the Planning Commission.
The Commission shall determine if a metes and bounds description or a final plat shall be required for recording.
If a final plat shall be required, it shall be submitted to the secretary, reviewed, acted upon and recorded in the same procedure as a major subdivision.
(Ord. 1961-3. Passed 7-31-61.)
After approval of the sketch plan, the developer shall submit a deed by metes and bounds or other adequate description, to the secretary of the Planning Commission for review. If found to conform to the sketch plan, the secretary shall so certify on the deed which shall be filed with the County Recorder within 180 days after the return of the approved sketch plan.
(Ord. 1961-3. Passed 7-31-61.)
(a) Application. If the proposed subdivision is not classified as a minor subdivision, a notation to that effect shall be made on the sketch which shall be returned to the developer; and he shall prepare and submit at least seven working days prior to a regular meeting of the Planning Commission, three copies of a preliminary plan of the subdivision, supplementary maps and data and written application for approval.
(b) Other Public Agencies. When the proposed subdivision is located in an area not served by public water supply or sanitary system, the Commission shall transmit one copy of the maps and data accompanying the application to the Board of Health or other agency having jurisdiction, for determination whether methods for disposal of sewage are adequate and will not create a nuisance or pollution of the water supply. When the proposed subdivision is located in adjoining unincorporated area within the three-mile jurisdiction, one copy of the maps and data accompanying the application shall be submitted to the zoning commission of that township or the regional or county planning commission.
(c) Planning Commission Action. The Commission shall, within thirty days after the meeting at which such proposal was first presented, or within such further time as the applicant may agree to, act upon the preliminary plan. If the Commission acts favorably, the secretary shall affix his signature to two copies of the plan with a notation that it has received preliminary approval and return one copy to the developer and the other copy shall be retained. If the Commission acts unfavorably, they shall state in writing the conditions that must be complied with before approval is given.
(d) Subdivision Shall Be in the Public Interest. The preliminary plan of a subdivision shall not be approved unless:
(1) All the provisions of the Zoning Ordinance, these Subdivision Regulations and other codes of the City are complied with; and
(2) There is a need for additional subdivision of land; and
(3) The land is suitable for the various purposes intended; and
(4) The subdivision can be adequately and economically served with public facilities and services suitable in the circumstances; and
(5) All land intended for building sites can be used safely and without endangering the health of the residents by peril from floods, erosion, continuously high water table or other menace.
(e) Effect of Approval of Preliminary Plan. Preliminary approval shall confer upon the developer the following rights for a two-year period from the date of approval:
(1) That the general layout, the arrangement of streets, lots and other planned features are approved and the plan is to serve as a guide for the preparation of the subsequent final plat of the subdivision.
(2) That the general terms and conditions under which the preliminary approval was granted will not be changed.
(3) That such developer may submit, on or before the expiration date, the whole or part or parts of such subdivision for final approval and recording. (Ord. 1961-3. Passed 7-31-61.)
The final plat of the subdivision shall be a comprehensive plan of the development. It shall incorporate all modifications required by the Planning Commission and otherwise conform to the preliminary plan as approved. The developer may submit only that portion of an approved preliminary plan which he proposed to develop and record at the time; provided, however, that such portion conforms to all provisions of these Subdivision Regulations.
(Ord. 1961-3. Passed 7-31-61.)
A final plat of the proposed subdivision, showing the proposed layout of the streets and lots, made with material approved by the County Recorder at a scale of not less than one inch to 100 feet and properly dimensioned, shall be submitted to the Planning Commission for their approval. Such plat shall conform to the following requirements of the Commission:
(a) The subdivision shall be surveyed by a Registered Surveyor of the State, and the boundaries shall be shown and defined by distance and bearings.
(b) The proposed name of the subdivision and the streets therein shall be shown on the plat, and neither shall duplicate or closely approximate the names of subdivisions of streets within the City, or within three miles outside the corporate limits thereof.
(c) The location of the subdivision, with regard to City lots or outlots, and the names of all adjoining property owners of record shall be shown on the plat.
(d) The total acreage within the subdivision, including the lots and dedicated streets, alleys and crosswalks, shall be shown on the plat.
(e) A north arrow and scale shall be shown on the plat.
(f) Permanently installed markers which are adequate for a resurvey shall be shown on the plat. Each corner of each lot shall be marked with a permanent type marker. Such markers shall be in place at the time of acceptance of the subdivision by the City.
(g) The setback building line shall be shown at each lot in the subdivision.
(h) City lot numbers shall be approved by the City Engineer, according to Huron City progressive numbering system, immediately prior to the recording of the plat.
(i) The plat shall have the following printed or lettered in suitable places thereon:
I/we, the undersigned, owners of the land embraced within the subdivision, do hereby acknowledge this plat to be my/our free act and deed, and dedicate the streets, crosswalkways and alleys herein shown to public use forever. (Add waiver of dower clause, if needed.)
(If owner is a corporation, use corporate form.)
(Ord. 1961-3. Passed 7-31-61.)
The developer may install and construct all required site improvements before applying for approval of the final plat of the subdivision; and, if the improvements are satisfactorily completed, a certificate of completion by the City Engineer shall accompany such application. Or, in lieu thereof, if the developer furnishes a satisfactory performance guarantee, he may apply for approval of the final plat of the subdivision before the site improvements are started either by himself or by the City on an assessment program. If improvements are partially installed, he may also furnish a performance guarantee for the remainder of the work and apply for approval of the final plat.
(a) Application for Approval. Application for approval of a final plat of a subdivision shall be submitted in writing to the Planning Commission together with the tracing of the final plat and three prints thereof and other required maps and data in the form specified in Section 1113.10
. The application shall be submitted within two years after approval of the preliminary plan; otherwise, such approval shall become null and void unless an extension of time is granted by the Commission.
(b) Action by the Planning Commission and Other Municipal Officials. The final plat shall be reviewed by the Commission and other officials for:
(1) Conformity with conditions of approval of the preliminary plan, and any modifications required; and
(2) Correctness of mathematical data and computation; and
(3) Assurance that all other matters requiring review comply with these Subdivision Regulations.
If the final plat is correct in regard to the aforesaid provisions, and if the required site improvements have been installed, or alternatively, a satisfactory performance guarantee has been filed, the Commission shall approve the plat within forty-five days of submission of the final plat for approval (or within such extension of time as agreed to by the applicant), otherwise, the plat shall be deemed to have been approved.
(c) Form of Approval. The approval of the final plat shall be indicated by a statement to that effect on the original plat with the signature of the chairman and secretary of the Commission, and the Commission shall obtain three copies thereof. The reason for disapproval of any final plat shall be stated in the records of the Commission. (Ord. 1961-3. Passed 7-31-61.)
Where a site for a proposed park, playground, school or other public use as shown on official plans adopted by the Planning Commission for the immediate or future development of the City is located in whole or in part in an area proposed to be subdivided, the Commission may require the subdivider to grant the appropriate public agency an option to purchase or an opportunity to acquire any such area within the proposed subdivision. Acquisition prices as contained in the option shall not exceed the original raw land cost plus fifty percent of the cost to install required improvements across any frontage of such land. The option shall have a five-year term and shall be executed prior to the time the plat is officially signed by the Planning Commission. In consideration of the subdivider granting the above mentioned option, the City or School Board shall pay to the subdivider an amount equal to an estimate (prepared by the City Engineer) of the property tax on the area included in the option over the five-year period. The City or the School Board shall also, upon the request of the subdivider, maintain the area contained in the option for the five-year period.
(a) Acceptance of Public Land by Legislative Authority. If the final plat includes land to be dedicated to public use, the plat shall, before it is recorded, be submitted to Council for acceptance of such land.
(Ord. 1961-3. Passed 7-31-61.)
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