For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public or private right-of-way shown on a plat which provides secondary access to a lot, block or parcel of land.
AS-BUILT PLANS. Construction plans revised to show the facility as actually constructed.
BLOCK. An area of land within a subdivision that is entirely bounded by streets, highways, or ways, except alleys, or between streets, highways, or ways and a railroad right-of-way, unsubdivided acreage, river or live stream, or any other barrier to the continuity of development.
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, or other property line, established on a parcel of land or on a lot for the purpose of prohibiting construction of a building or structure between such building line, and right-of-way, other public area or the shore of a lake, or the edge of a stream or river bank, or other property line.
CAPTION. The name by which the plat is legally and commonly known.
COMMERCIAL SUBDIVISION. A subdivision of land, as defined in this section, in which the land is to be developed for retail stores, wholesale businesses, offices, business services, and similar uses.
COMMON OPEN SPACE. An area within a subdivision held out of development by the proprietor and designed for the common use or enjoyment of residents of the subdivision. Common open space may contain such complementary structures as are necessary and appropriate for the use or enjoyment of the subdivision. Thus common open space may include (without limiting the generality of the foregoing language) areas for recreational use, wildlife or plant preserves, and nature study areas.
COMPREHENSIVE DEVELOPMENT. A residential cluster subdivision, a commercial or industrial park, or a planned unit residential development as defined in this section.
COUNTY DRAIN COMMISSIONER. The Washtenaw County Drain Commissioner.
COUNTY HEALTH DEPARTMENT. The Washtenaw County Health Department.
COUNTY PLANNING COMMISSION. The Washtenaw County Metropolitan Planning Commission.
COUNTY PLAT BOARD. The Washtenaw County Flat Board.
COUNTY ROAD COMMISSION. The Washtenaw County Road Commission.
DEDICATION. The intentional transfer by the proprietor to the public of the ownership of or an interest in, land for a public purpose. Dedication may be effected by compliance with the statutes relating to dedication of land, by formal deed of conveyance, or by any other method recognized by the law of Michigan.
DEVELOPMENT. Any subdivision of land as herein defined or any material change in the use or appearance of any parcel of land subject to the provisions of this chapter, or the act of building structures and installing site improvements.
EASEMENT. An interest in land owned by another which entitles the owner or owners of the easement to a limited use or enjoyment of the land. An EASEMENT may be created in favor of the public generally, federal and state agencies, municipal and private corporations, and individuals. An AFFIRMATIVE EASEMENT authorizes a use of land which, if no easement existed, would give the landowner a cause of action. A NEGATIVE EASEMENT precludes the landowner from uses of his or her land which, if no easement existed, would be perfectly lawful.
FILLING DATE. Means the date of the Planning Commission or Village Council meeting at which a complete application is received from the Village Clerk.
FLOOD PLAIN. That area of land adjoining the channel of a river, stream, water course, lake or other similar body of water which will be inundated by a flood which can easily be expected for that region.
GENERAL DEVELOPMENT PLAN. A comprehensive land use plan for the village which, through any combination of text, charts, and maps, sets forth proposals for general locations for the various land uses, streets, parks, schools, public buildings, and for the physical development of the village, adopted by the Village Planning Commission and duly transmitted to the Village Council and to the County Planning Commission, or any unit or part of such plan separately adopted, and any amendments to such plan or any unit or part thereof separately adopted; provided, however, that such plan or any unit or part thereof separately adopted shall have been duly published. Any reference in this section or elsewhere in this chapter to adoption of plans refers to adoption by the Village Planning Commission in accordance with Act 285, Public Acts of 1931, as amended. The term GENERAL DEVELOPMENT PLAN includes such commonly used terms as basic plan, master plan, general plan, comprehensive plan, and land use plan.
GREENBELT or BUFFER. A strip or tract of land located between incompatible land uses which is subject to private use restrictions or a negative easement or is dedicated to public use as open space, for the purpose of protecting the environment of a subdivision or to enhance a street right-of-way, or both.
IMPROVEMENTS. Any structure or material change incident to servicing or furnishing facilities for a subdivision such as, but not limited to grading, street surfacing, curb and gutter, driveway approaches, sidewalks, pedestrian ways, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities, lagoons, slips, waterways, lakes, bays, canals, and other appropriate items, with appurtenant construction, demolition of structures; planting; or removal of trees and other vegetation cover.
INDUSTRIAL SUBDIVISION. A subdivision of land, as defined in this section, in which the land is to be developed for manufacturing plants, trucking and warehouse facilities, and similar activities.
LOT. A measured portion of a parcel or tract of land, described and fixed in a recorded plat or in a plat proposed to be recorded, and is considered as a unit.
(1) CORNER LOT. A lot with 2 adjacent sides abutting upon streets or other public or open spaces.
(2) INTERIOR LOT. A lot which faces on 1 street.
MATERIAL CHANGE. Includes but is not limited to any commencement of mining, excavation, grading, or land clearance; deposit of refuse, waste, or fill on land not already used for that purpose, or permitted to be used for that purpose by the Chapter 151 of this code, or which extends the height of any existing deposit above the level of land adjoining the site; alteration of a shore, bank or flood plain of a river, stream or of any lake or pond, natural or artificial.
MOBILE HOME. A detached single-family dwelling unit with all of the following characteristics:
(1) Designed for long term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
(2) Designed to be transported after fabrication on its own wheels or on flatbed or other trailers or detachable wheels, and to be moved from 1 site to another.
(3) Arriving at the site where it is to be occupied as a complete dwelling, including major appliances and furniture and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, and the like.
(4) Designed to be used with a permanent foundation.
This definition does not include travel trailers, nor the so-called MODULAR HOMES commonly built by mobile home manufacturers and made into permanent residences by attaching 2 or more units together on foundations, slabs, or basements. Modular homes shall be treated, under this chapter as standard housing and not as mobile homes.
OPEN SPACE. Land dedicated or reserved for use by the general public or for use by residents of the subdivision, or land held out of development and retained in its natural condition, with or without public access. OPEN SPACE includes but is not limited to parks, parkways, playgrounds, school sites, wildlife or plant life preserves, and nature study areas.
OUTLOT. When included within the boundary of a recorded plat, means a lot set aside for purposes other than a building site, park or other land dedicated to public use or reserved to private use.
PARCEL or TRACT. A continuous area or acreage of land which can be described as provided for in the Subdivision Control Act.
PEDESTRIAN WAY. A separate right-of-way dedicated to or reserved for public use by pedestrians, which crosses blocks or other tracts of land for the purpose of facilitating pedestrian access to adjacent streets and properties.
PERSONS. Means an individual, corporation, government, or governmental agency, business, trust, estate trust, partnership or association, 2 or more persons having a joint or common interest, or any legal entity.
PLANNED UNIT RESIDENTIAL DEVELOPMENT. An area with a minimum contiguous acreage of 10 acres which is to be developed as a single entity according to a plan and which is to contain 1 or more residential cluster subdivisions or other residential developments with an established overall
maximum dwelling unit density, along with associated uses primarily for the benefit of the PLANNED UNIT RESIDENTIAL DEVELOPMENT. A PLANNED UNIT RESIDENTIAL DEVELOPMENT may be planned, developed, and regulated as a single land use unit rather than as an aggregation of individual buildings on separate lots.
PLANNING COMMISSION. The Planning Commission of the Village of Manchester as established under Act 285, Public Acts of 1931, as amended.
PLAT. A map or chart of a subdivision of land.
PROPRIETOR. Means any person or any combination of persons, including a government agency undertaking any development as defined herein. The term PROPRIETOR includes such commonly used references as subdivider, developer, and owner.
PUBLIC OPEN SPACE. An area within a subdivision held out of development by the proprietor and conveyed or otherwise dedicated to, or reserved for purchase by, a municipality, municipal agency, board of education, State or county agency, or other public body for recreation or conservation use.
PUBLIC USE AREAS. Public parks, playgrounds, or other recreational areas; scenic or historic sites; school sites or sites for other public buildings; and other areas dedicated to public use or enjoyment.
PUBLIC UTILITY. All persons, firms, corporations, co-partnerships, or municipal or other public authority providing gas, electricity, water, steam, telephone, telegraph, storm sewers, transportation, or other services of similar nature.
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.
RESERVE. To hold subdivision land out of development for the purpose:
(1) Of limiting it to use by the residents of the subdivision by means of easements and private use restrictions; or
(2) Permitting its future acquisition for public use by the village or some other appropriate public agency.
RESIDENTIAL CLUSTER SUBDIVISION. A subdivision of land, as defined in this section, which contains 1 or more clusters of residential housing units with each cluster directly accessible to an open space system that is an integral, planned part of the subdivision. The dimensions and area of each lot in a residential cluster subdivision may be reduced below the minimums ordinarily required by Chapter 151 of this code with the surplus land area being incorporated into the open space system of the subdivision. The overall dwelling unit density and the total number of dwelling units in a residential cluster subdivision will not exceed those of a typical residential cluster of the same area. The open space system of a residential cluster subdivision may consist of common open space, or partly of common open space and partly of public open space, or entirely of public open space.
RIGHT-OF-WAY. The area covered by a public street, alley, or pedestrian way, or by a private easement for access or passage.
SIDEWALK. A facility, placed within the right-of-way of existing streets, or a facility connecting with buildings, parking lots, or other activities having access to the street right-of-way, for the purpose of providing safe movement of pedestrians.
SOIL CONSERVATION DISTRICT. Washtenaw County Soil Conservation District.
STREET. Any street, avenue, boulevard, road, lane, parkway 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 or way may be public or private and includes the land between the street lines whether improved or unimproved, and may consist of pavement, shoulders, gutters, sidewalks, parking areas, and lawns.
STRUCTURE. Means any object or assembly of materials constructed or installed on, above, or below the surface of a parcel and includes, but is not limited to, any combination of materials, whether portable or fixed, having a roof, to form a building for occupancy by persons, animals, or property, anything attached to a building, any pole, pipeline, or other part of a distribution system whether located on, above, or below the surface of a parcel. A STRUCTURE is any improvement, as defined in this section, other than an improvement which consists only of a material change, as defined in this section.
SUBDIVIDE or SUBDIVISION. To SUBDIVIDE or the act of SUBDIVISION is the partitioning of a parcel or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors, or as signs for the purpose of sale or lease of more than 1 year, or of building development, where the act of division created 5 or more parcels of land each of which is 10 acres or less in area, are created by successive divisions within a period of 10 years.
SUBDIVISION ADVISORY COMMITTEE (SAC). A committee created by resolution of the County Planning Commission for the purpose of reviewing the technical aspects of proposed plats.
SUBDIVISION CONTROL ACT. Act 288, P.A. of 1967, as amended, State of Michigan.
SURVEYOR. A land SURVEYOR who is registered in this State as a registered professional engineer.
TOPOGRAPHICAL MAP. A map showing existing physical characteristics, with contour lines of not greater than 2-foot intervals to permit determination of proposed grades and drainage.
WATER RESOURCES COMMISSION. The WATER RESOURCES COMMISSION of the Michigan Department of Conservation.
(1984 Code, § 5.512)