The following definitions shall apply in the interpretation and enforcement of this chapter:
ABUTTING. Having a common border with, or being separated from such common border by, an easement,
ADJACENT. See "Contiguous".
APPLICANT. An individual, firm, association, partnership, corporation, or combination thereof, who holds ownership interest in land and is seeking approval for a division or consolidation of unplatted parcels in accordance with this chapter.
APPLICATION. A request to divide and/or consolidate unplatted parcels and platted lots, or for a subdivision Tentative Preliminary Plat, Final Preliminary Plat, or Final Plat application, submitted for review in one complete package, that substantially meets all of the submission requirements of this chapter and has been accepted by the City as complete.
BERM. A mound of soil, either natural or man made, suited to obstruct views. Unless otherwise indicated or appropriate, required berms shall be measured from the average grade adjacent to the berm or the grade of the parking lot adjacent to the berm.
BICYCLE (BIKE) PATH. A pathway, usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling, in accordance with the standards of the American Association of State Highway and Transportation Officials (AASHTO).
BLOCK. That property abutting one side of the street and lying between the two nearest intersecting streets, or between the nearest such street and railroad right-of-way, un-subdivided acreage, river or live stream; or between any of the foregoing and any other barrier to the continuity of development.
BLOCK LENGTH. The distance between intersections of through streets; such distance being measured along the longest street bounding the block, and from right-of-way line to right-of-way line of the two intersection streets.
BOND. Any form of a surety bond in an amount satisfactory to the City and in a form satisfactory to the City Attorney. (see also "Performance Guarantee")
BUFFER OR BUFFER ZONE. An area within a subdivision required adjacent to certain zoning districts to improve views, and reduce noise impacts between uses which may otherwise be conflicting. The buffer zone may consist of natural existing vegetation which is preserved, or may be created or enhanced by trees, shrubs, fences, or berms.
BUILDABLE PORTION OF A LOT. The buildable portion of the lot shall generally include that portion of the lot on which the principal building may be constructed in compliance with all Ordinances and laws.
BUILDING. Any structure built for the support, shelter, or enclosure of persons, animals, chattels or movable property of any kind.
BUILDING LINE OR SETBACK LINE. A line parallel to a street right-of-way line, shore of a lake, edge of a stream or river bank, established on a parcel of land or on a lot for the purpose of prohibiting construction of a building between such line and a right-of-way, other public area, or the shore of a lake, or the edge of a stream or river bank.
BUILDING PERMIT. An authorization issued by the Building Inspector to move, erect, or alter a structure within Imlay City.
CALIPER. The diameter of a tree trunk measured in inches, six (6) inches above ground level for trees up to and including four (4) inches in diameter, and twelve (12) inches above ground level for trees over four (4) inches in diameter. This measurement is for nursery stock trees only, (see diameter at breast height (dbh) for measurement of existing trees).
CAPTION. The name by which the plat is legally and commonly known.
CITY. Imlay City, Michigan.
CITY COMMISSION. The City Commission of Imlay City.
CITY ENGINEER OR ENGINEERING CONSULTANT. The staff engineer or consulting engineer of the city.
CITY PLANNER OR PLANNING CONSULTANT. The staff planner or consulting planner of the city.
CLERK. The City Clerk of Imlay City.
CONDOMINIUM. A condominium is a system of separate ownership of individual units in multi- unit projects created according to Public Act 59 of 1978, as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners.
CONSOLIDATE. The combining of one or more lots, outlots, or parcels of land into a single lot or parcel.
CONSTRUCTION PLANS. The drawings accompanying a subdivision plat that show the specific location and design of improvements to be installed in the subdivision.
CONTIGUOUS. Lots are contiguous when at least one boundary line of one lot shares a boundary line or lines of another lot.
CULVERT. A structure designed to convey a water course not incorporated in a closed drainage system, under a road or pedestrian walk.
DATE OF FILING:
(A) Date of Filing for Tentative Approval of the Preliminary Plat: Is the date the proprietor files a complete preliminary plat, meeting the requirements of this chapter and the Michigan Land Division Act, with the City Clerk.
(B) Date of Filing for Final Approval of the Preliminary Plat: Is the date the proprietor files the tentatively approved preliminary plat and a certified list of all authorities required for approval with the City Clerk.
(C) Date of Filing for Final Plat Approval: Is the date the proprietor files the necessary prints of the final plat with the City Clerk.
(D) Date of Filing for Land Division: Is the date that the applicant Files a complete land division application, meeting the requirements of the Ordinance, with the City Clerk.
DEDICATION. A conveyance of land by the owner in the nature of a gift or grant and an acceptance of that land by or on behalf of the public.
DETENTION BASIN. A man-made or natural water collector facility designed to collect surface and sub-surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.
DEVELOPMENT. A planning or construction project involving substantial property improvement and, usually, a change of land-use character within the site; the act of using land for building or extractive purposes.
DIVISION. The partitioning or splitting of a lot, 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 that results in one or more parcels of less than 40 acres or the equivalent, and that satisfies the requirements of this chapter. "Divide" or "Division"shall not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of this chapter.
DRAINAGE. The removal of surface water or groundwater from land by drains, grading, or other means.
DRAINAGE SYSTEM. The system through which water flows from the land, including all watercourses, water bodies and wetlands.
DRIVEWAY. A private lane, serving a principal dwelling, designed primarily for vehicular access to connect a building with a street.
EASEMENT. A specific area of land over which a liberty, privilege, or advantage is granted by the owner to the public, a corporation, or some particular person or part of the public for specific uses and purposes, and which shall be designated a "public" or "private" easement, depending on the nature of the user.
ENVIRONMENTALLY SENSITIVE AREAS. Features, natural resources or land characteristics that are sensitive to improvements. Such constraints may require conservation measures, the application of creative development techniques, or limited development to prevent degradation of the environment.
EROSION. The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, or gravity.
ESCROW. A deed, a bond, money, or interest in a piece of property temporarily deposited with the City Clerk or a neutral third party called the escrow agent, by the agreement of two parties. The escrow agent will hold the deposit until the conditions of the agreement are met, at which time the agent will release it to the grantee.
ESSENTIAL SERVICES. The erection, construction alteration, or maintenance, by public utilities or municipal departments or commissions, of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles and other similar equipment and accessories in connection therewith, as shall be reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the above essential service equipment.
EXEMPT SPLIT OR EXEMPT DIVISION. The partitioning or splitting of a parcel or tract of land by the proprietor thereof, or by his or her heirs, executors, administrators, legal representatives, successors or assigns, that does not result in one or more parcels of less than 40 acres.
FENCE. An artificially constructed unroofed barrier of wood, masonry, stone, wire, metal, or similar manufactured material which may or may not serve as an enclosure.
FLOODPLAIN. That area of land adjoining the channel of a river, stream, watercourse, lake or other similar body of water which will be inundated by the greatest flood that can be reasonably expected for that area (one hundred [100] year interval).
GRADE. The slope of a street, other public way, or land specified in percentage (%) terms.
GROUND COVER. A planting of low-growing plants or sod that in time forms a dense mat covering the area, preventing soil from being blown or washed away and the growth of unwanted plants.
GREENBELT. A strip of land of definite width and location reserved for the planting of a combination of shrubs, trees and ground cover to serve as an obscuring screen and buffer for noise or visual enhancement, in accordance with the requirements of this chapter.
IMPROVEMENTS. Grading, street surfacing, curbs and gutters, sidewalks, crosswalks, water mains, fire hydrants, sanitary sewers, storm sewers, culverts, bridges, landscaping and other additions to the natural state of land which increase its value, utility or habitability.
LAND DIVISION ACT. The Land Division Act, Michigan Public Acts 288 of 1967, as amended, formally the Subdivision Control Act.
LOT. A parcel of land in Imlay City which constitutes a part of a subdivision, the plat of which is filed pursuant to the State Land Division Act (or successor Act), or constitutes part of an assessor's plat, and, further, shall mean and refer to a condominium site located within a condominium project which is filed pursuant to the State Condominium Act (or successor Act).
LOT AREA. The total horizontal area within the lot lines of a lot. For purposes of calculation of minimum lot area, easements for overhead utilities and private access easements shall be excluded, areas within the 100 year floodplain elevation or determined to be MDEQ regulated wetlands shall be included, except as noted under the definition of "density".
LOT, CORNER. A lot where the interior angle of two adjacent sides at the intersection of two streets is less than one hundred and thirty-five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than one hundred fifty (150) feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than one hundred and thirty-five ( 135) degrees.
LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
LOT, INTERIOR. Any lot other than a corner lot.
LOT LINE. The lines bounding a lot or parcel and listed below:
(A) Front Lot Line (i.e. lot frontage): The lot line(s) abutting a public street or private road access easement that separates the lot from such right-of-way or easement, typically measured along the right-of-way line. Comer lots or through lots are considered to have two front lot lines and shall provide the minimum required front yard setback at both front lot lines. In the case of lots bordering on a lake, river or canal, the water or shoreline shall be designated as the rear of such lots.
(B) Rear Lot Line: The lot line opposite and most distant from the front lot line. For an irregular or triangular shaped lot, a line at least ten ( 10) feet in length, entirely within the lot, parallel to and most distant from the front lot line. In the case of lots bordering on a lake, river, stream or channel, the shoreline shall be designated as the rear lot line for zoning purposes.
(C) Side Lot Line: Any lot line not a front or rear lot line.
(D) In the case where the above definitions are not sufficient to designate lot lines, the Zoning Administrator shall designate the front, rear and side lot lines in consideration of the orientation of the building(s) on the lot, the address of the lot, the orientation of other buildings along the block, and natural features affecting site design.
LOT, REVERSE FRONTAGE. A lot abutting arid/or collector thorofare, and a minor street(s) with vehicular access only to the minor street.
LOT, THROUGH. Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.
LOT, WIDTH. The horizontal distance between side lot lines measured parallel to the front lot line at the minimum required front setback. For irregularly shaped lots with access easements or "flag lots" connecting to a public street, the minimum lot width shall be measured at the point where the narrow access connects to the main section of the parcel. This determination shall be made by the Zoning Administrator.
MAJOR STREETS OR THOROFARE PLAN. The part of the Master Plan which sets forth the location, alignment and dimensions of existing and proposed streets and thorofares.
MASTER PLAN. The comprehensive land use plan for the Municipality, including graphic and written proposals indicating the general locations recommended for the streets, parks, schools, public buildings, zoning districts, and all physical developments of the city including any unit or part of such plan separately adopted, and any amendment to such plan or parts thereof adopted by the Planning Commission.
MEDIAN. That portion of a divided street separating lanes of traffic proceeding in opposite directions.
MDEQ. Michigan Department of Environmental Quality.
MDPH: Michigan Department of Public Health.
MDOT: Michigan Department of Transportation.
OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the common ownership of the proprietor for subdivision approval.
OFF-STREET PARKING. Parking that is provided within a parking lot, parking structure, or private driveway.
ON-STREET PARKING. Parking that is permitted on a dedicated street right-of-way or approved private road.
OUTLOT. A lot in a subdivision which is restricted from use for building purposes, whether or not deeded to the city, but which is not dedicated as a street of public reservation or private part. An outlot cannot be built on unless it conforms to this chapter.
PARCEL. A continuous area or acreage of unplatted land which can be described as provided for in this chapter and the Michigan Land Division Act.
PARENT PARCEL. A parcel or tract lawfully in existence on March 31, 1997.
PEDESTRIAN THROUGH-BLOCK CONNECTOR. A pedestrian pathway located at street level, but perpendicular to the street, to provide short cuts through development blocks.
PERFORMANCE BOND GUARANTEE. Any bond acceptable by the City Commission in lieu of a requirement that certain public improvements be made by the developer prior to approval of a final plat, including performance bonds, escrow deposits, and other similar collateral or surety agreements; which bond will be payable to the governmental body upon failure of the faithful performance of the condition upon which the subdivision plat was approved.
PERSON. An individual, partnership, co-partnership, limited partnership, firm, corporation, or association and their lessees, trustees or receivers appointed by any court. In the instance of a legal entity, the individual(s) who is (are) the general partners of a partnership, whether limited or not, the trustee(s) and any beneficiary having the power to appoint or constitute a trustee of a trust, the officers and directors of a corporation and any receiver thereof shall be equally liable with the legal entity for any requirements or penalties provided for in this chapter. In any instance an agent having the apparent authority to control the use or occupation of such persons having property regulated by this chapter shall be equally liable with his, her or its principal for any requirements or penalties provided in this chapter.
PLANNING COMMISSION. The Planning Commission of Imlay City.
PLAT. A map, drawing or chart which depicts the plan of the proposed Subdivisions of and which is drawn in accordance with the regulations hereinafter stated.
(A) Pre-preliminary Plat: An informal plan or sketch drawn to scale and in pencil, if desired, showing the existing features of a site and its surroundings and the general layout of a proposed subdivision. (optional)
(B) Preliminary Plat - Tentative Approval (Stage 1): A map showing the salient features of a proposed subdivision of land submitted to an approving authority for purposes of preliminary consideration, prepared in conformance with the Land Division Act. Tentative Approval under this section shall confer upon the proprietor, for a period of one (I) year from approval date the rights granted Under Section 112 of the Land Division Act.
(C) Preliminary Plat - Final Approval (Stage 2): Final Approval of the Preliminary Plat under this section shall confer upon the proprietor, for a period of two (2) years from approval date the rights granted under Section 120 of the Land Division Act.
(D) Final Plat: A map of a subdivision of land made up in final form ready for approval and recording.
PROPRIETOR. A person who may hold any ownership interest in land, whether recorded or not.
PUBLIC RESERVATION. A portion of a subdivision which is set aside for public use and made available for public use and acquisition.
PUBLIC SEWER. A sewage system as defined in Michigan Public Act 98 of 1913, as amended.
PUBLIC UTILITY. Any person, firm or corporation, municipal department, City Commission, or other public authority duly authorized to furnish, and furnishing under governmental regulations, to the public: gas, steam, electricity, sewage disposal, public water, telephone lines (not cellular phone transmissions), cable television services (not communication antennas), communication, telegraph, transportation, water or other services to residents of the city.
PUBLIC WALKWAY. A right-of-way dedicated for the purpose of a pedestrian access through residential areas, and located so as to connect to two or more streets, or a street and a public land parcel.
RECORD DRAWINGS. Construction plans that have been revised upon completion of construction to illustrate the recorded location and details of improvements.
REPLAT. The process of changing, or the map or plat which changes, the boundaries of a recorded subdivision plat or part thereof. The legal dividing of an outlot within a recorded subdivision plat without changing the exterior boundaries of the outlot is not a replat.
RETENTION BASIN. A pond, pool or basin used for the permanent storage of water runoff.
RIGHT-OF-WAY. A strip of land reserved and dedicated for a street, alley, walkway, or other public purpose, and which may be occupied by public utilities, such as electric transmission lines, gas pipelines, cable television lines, fiber optics lines, water mains, sanitary sewers, storm sewer mains, street trees, or other utility uses. Rights-of-way established and shown on the final plat are to be distinct and separate from the lots or parcels adjoining such rights-of-way, and are not to be included in the dimensions or areas of such lots or parcels.
RIGHT-OF-WAY LINES. The lines that form the boundaries of a right-of-way.
SEDIMENTATION. A deposit of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a product of erosion.
SEDIMENTATION BASIN. A man-made or natural water collection facility designed to collect surface water in order to remove sand, silt, debris and other material which would damage the downstream water course.
SETBACK. The distance required to obtain the minimum required separation between the front, side or rear lot lines and the building line or parking lot. Setbacks from a public street or private road shall be measured from the right-of-way line or easement. Setbacks shall remain as open space as defined herein, unless otherwise provided for in this chapter.
SIDEWALK. A concrete path that provides for pedestrian use and is usually located at the side of a road within the right-of-way.
SIGHT DISTANCE. The length of roadway visible to a driver. Generally related to the distance and time considered to be sufficient for the driver to safely execute a maneuver (such as complete a left turn for an access point), under normal weather conditions, as specified by City.
SKETCH PLAN. A plan drawn to scale showing existing and proposed features of a site and its surroundings and the general layout of a proposed subdivision. The plan may include a description of general topographic and soil conditions on the site including water level information, description of existing and proposed man-made features important to the proposed development, description of significant natural features on the site, description of general site conditions that are to be retained or modified in the proposed development, description of uses and facilities to be incorporated in the development, and description of approximate phases of development.
STREET. Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county, or municipal roadway or, a street or way shown in a plat heretofore approved pursuant to law or approved by official action; or, a street or way on a plat duly filed and recorded in the office of the County Register of Deeds. A street includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas, and lawns.
(A) Freeway: A street designed for high speed, high volume through traffic, with completely controlled access, no grade crossings and no private driveway connections.
(B) Arterial (Major Thorofare): An arterial street of greater continuity which is intended to serve as a large volume trafficway for both the immediate city area and region beyond, and may be designated on the city's Major Thoroughfare Plan as a major thoroughfare, parkway, expressway, or equivalent term to identify those streets comprising the basic structure of the street plan.
(C) Collector Street (Secondary Thorofare): Collector streets and roads provide access to abutting properties and traffic circulation within residential, commercial, industrial, and public uses. The purpose of a collector road is to collect traffic throughout the city and channel it to the major thoroughfare (arterial) system.
(D) Minor/Local Street: A street of limited continuity used primarily for access to abutting residential properties.
(E) Marginal Access Street: A minor street paralleling and adjacent to a major thorofare which provides access to abutting properties and protection from through traffic.
(F) Boulevard Street: A street developed with two (2) lane, one-way pavements, separated by a median.
(G) Dead-end street: A street or road that terminates with no Current or proposed thorofare to another street or road.
(H) Divided street: A street or road having an island, boulevard, median or other barrier separating moving lanes.
(I) Half-street: A street or road containing less than the required right-of-way width.
(J) Turn-Around: A short boulevard street permanently terminated by a vehicular turn-around.
(K) Cul-de-Sac Street: A minor street of short length, having one end open to traffic and being permanently terminated at the other end by a vehicular turn-around.
(L) Loop Street: A minor street of short length with two openings to traffic beginning from the same street, and projecting parallel to each other and connecting at their termination by a loop.
(M) Stub street: A portion of a street or road for which an extension has been proposed and approved, and is terminated by a temporary cul-de-sac.
(N) Alley: A dedicated public way affording a secondary means of access to the side or rear of those properties whose principal frontage is on another street and not intended for general traffic circulation.
STREET TREE. A canopy tree along a public street or approved private road that is typically located in a street right-of-way or access easement (see also "tree")
SUBDIVISION CONTROL ACT. See "Land Division Act."
SUBDIVISION. The partitioning or dividing of a parcel or tract of land by the proprietor thereof or by his 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 more parcels of land than provided in the Michigan Land Division Act and Article VII of this chapter.
SUBDIVISION RULES AND DRAINAGE POLICIES. A document prepared by the Lapeer County Drain Commissioner which sets the minimum standards for drainage facilities within the County.
SURVEYOR. Either a land surveyor who is registered in this State as a registered land surveyor or a civil engineer who is registered in this State as a registered professional engineer.
TOPOGRAPHICAL MAP. A map prepared by a surveyor showing existing physical characteristics, with contour lines at sufficient intervals to permit determination of proposed grades and drainage.
TRACT. Two or more parcels that share a common property line and are under the same ownership.
TREE. A woody plant which has an erect perennial trunk, which at maturity is thirteen (13) feet or more in height, which has a more or less definite crown of foliage. For purposes of this chapter the following definitions of types of trees shall apply:
(A) Deciduous Trees: A tree which has foliage that is shed at the end of the growing season.
(B) Evergreen Trees: A tree which has foliage that persists and remains green throughout the year.
(C) Ornamental Tree: A deciduous tree which is typically grown because of its shape, flowering characteristics, or other attractive features, and which grows to a mature height of twenty-five (25) feet or less.
(D) Canopy Tree: A deciduous tree which has a mature crown spread of greater than fifteen (15) feet and a mature height of forty (40) or more feet in southern Michigan, and which has a trunk with at least Five (5) feet of clear stem at maturity.
VARIANCE. A waiver from compliance with a specific provision of the subdivision regulations Ordinance granted to a particular property owner because of the practical difficulties or unnecessary hardship that would be imposed by the strict application of that provision of the Ordinance.
VESTED RIGHT. The right to initiate or continue the establishment of a use that will be contrary to a restriction or regulation coming into effect when the project associated with the use is completed (sometimes referred to as "grand fathered").
WATER RESOURCES COMMISSION. The Water Resources Commission through the Michigan Department of Natural Resources.
ZONING ADMINISTRATOR. The Zoning Administrator of Imlay City or other person designated to carry out this responsibility by the City Manager or City Commission.
ZONING ORDINANCE. The Zoning Ordinance of the City (see Ch. 155, Appendix: Zoning Ordinance).
(Ord. 152, passed 1-19-99)