(A) As used in these regulations, a “person” includes a corporation, a partnership and an incorporated association of persons such as a club; “shall” is always mandatory; a “building” includes a “structure”; a “building” or “structure” includes any part thereof; and “used” or “occupied,” as applied to any land or building, shall be construed to include the words “intended, arranged, or designed to be used or occupied.”
(B) For the purpose of this subchapter, 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.
APPLICANT. The owner of land proposed to be subdivided or his or her representative. Consent shall be required from the legal owner of the premises.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
BOND. Any form of security, including a cash deposit, letter of credit, certified check, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the governing body. All BONDS shall be approved by the governing body wherever a BOND is required by these regulations.
BUILDING. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and includes any structure.
BUILDING AND ZONING INSPECTOR. The person designated by the governing body to administer the Building Code and the Zoning Code.
CAPITAL IMPROVEMENTS PROGRAM. A proposed schedule of all future projects listed in order of construction priority, together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government’s operating expenses, for the purchase, construction, or replacement of the physical assets for the community, are included.
CAPTION. The name by which a subdivision plat is legally and commonly known.
CITY ATTORNEY. The licensed attorney designated by the governing body to furnish legal assistance for the administration of these regulations.
CITY ENGINEER. The licensed engineer designated by the governing body to furnish engineering assistance for the administration of these regulations.
COLLECTOR ROAD. A road intended to move traffic from local roads to secondary arterials. A COLLECTOR ROAD serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it.
CONSTRUCTION PLAN. The maps or drawings accompanying a subdivision plat showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the municipality as a condition of the approval of the plat.
COUNTY PLAT BOARD. The Registrar of Deeds, who shall act as Chairperson, the County Clerk, who shall act as Secretary, and the County Treasurer.
CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DEDICATION. The intentional appropriation of land by the owner thereof to public use.
DEVELOPER. The owner of land proposed to be subdivided or his or her representative. Consent shall be required from the legal owner of the premises.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose of any designated part of his or her property.
ESCROW. A deposit of cash with the governing body in lieu of an amount required and still in force on a performance or maintenance bond. Such ESCROW shall be deposited by the Building and Zoning Inspector into a separate account.
FINAL PLAT. The map, plan, or record of a subdivision and any accompanying material, as described in these regulations.
FLOOD PLAIN. The area of land adjoining the channel of a river, stream, watercourse, lake, or other similar body of water which will be inundated by a flood which can reasonably be expected for that region.
FRONTAGE. The side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.
FRONTAGE STREET. Any street constructed by the developer or any existing street in which development shall take place on both sides.
GOVERNING BODY. The legislative body of the city.
GOVERNMENT SURVEY. The land surveyed, subdivided, and monumented by the United States Public Land Survey.
GRADE. The slope of a road, street, or other public way, specified in percentage terms.
HEALTH DEPARTMENT. The state, city, county, or District Health Department having jurisdiction.
HIGH DENSITY. The Residential Zoning Districts in which the density is equal to or greater than one dwelling unit per 10,000 square feet.
HIGHWAY, LIMITED-ACCESS. A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property on lands, and other persons, have no legal right of access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
IMPROVEMENT. Any structure incident to servicing or furnishing facilities for a subdivision.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile, sewage disposal system, or other approved sewage treatment device.
JOINT OWNERSHIP. Among persons, the same owner. For the purpose of imposing these subdivision regulations, JOINT OWNERSHIP means CONSTRUCTIVE OWNERSHIP.
LAND. All land areas occupied by real property.
LOCAL GOVERNMENT. The government of the city.
LOCAL ROAD. A road intended to provide access to other roads from individual properties and to provide a right-of-way beneath it for sanitary sewer, water and storm drainage systems, and/or other utility systems.
LOT. A measured portion of a parcel or tract of land, which is described and fixed in a recorded plat.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of which intersection does not exceed 135 degrees.
LOT IMPROVEMENT. Any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.
LOT OF RECORD. A parcel of land, the dimensions of which are shown on a record plat on file with the county’s Register of Deeds, at the time these regulations became effective, or in common use by city officials and which actually exists as shown, or any part of a parcel held in a recorded ownership separate from the remainder thereof at the time these regulations became effective.
LOW DENSITY. The Residential Zoning Districts in which the density is equal or less than one dwelling unit per 40,000 square feet.
MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of five or more lots, or any size subdivision requiring any new street, extension of local governmental facilities, or the creation of any public improvements.
MASTER PLAN. A comprehensive plan for development of the community, prepared and adopted by city officials, pursuant to state law, and including any part of such plan separately adopted and any amendment to such plan or part thereof.
MEDIUM DENSITY. The Residential Zoning Districts in which the density is between 10,000 and 40,000 square feet per dwelling unit.
MICHIGAN COORDINATE SYSTEM. The system defined in Public Act 9 of 1964, as amended, being M.C.L.A. §§ 54.231 to 54.239, as amended.
MINOR SUBDIVISION. Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provisions or portion of the master plan, the official map, the Zoning Code, or these regulations.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision. Such dwelling units may be erected, at the discretion of the municipality, by permitting a portion of a major subdivision, involving no more than four lots, to be created.
MUNICIPALITY. The City of Negaunee, Michigan.
NON-RESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.
OFFICIAL MAP. The map established by the governing body pursuant to law showing the streets, highways, parks, drainage systems, and setback lines theretofore laid out, adopted and established by law, and any amendments or additions thereto adopted by the governing body and resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of such approved plats.
OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the developer.
ORDINANCE. Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
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.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity, having legal title to or a sufficient proprietary interest in the land sought to be subdivided under these regulations.
PARCEL and TRACT. A continuous area or acreage of land which can be described as provided for in the Subdivision Control Act, being Public Act 288 of 1967, as amended, being M.C.L.A. §§ 560.101 through 560.293.
PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
PLANNING COMMISSION. The Planning Commission of the city.
PLAT. A map or chart of a subdivision of land.
PRELIMINARY PLAT. A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration.
PRE-PRELIMINARY PLAT. A sketch preparatory to the preparation of the preliminary plat as provided under § 107 of the Subdivision Control Act, being Public Act 288 of 1967, as amended, to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of these regulations.
PRIMARY ARTERIAL. A road intended to move through traffic to and from such major attractors as Central Business Districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the city, and/or a route for traffic between communities or large areas.
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. Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. All such IMPROVEMENTS shall be properly bonded.
PUBLIC SEWER. A sewerage system as defined in Public Act 98 of 1913, as repealed and recodified by Act 451 of 1994, being M.C.L.A. § 324.90101, and specifically defined at M.C.L.A. § 324.4101.
PUBLIC UTILITY. All persons, firms, corporations, co-partnerships, or a municipal or other public authority providing gas, electricity, water, steam, telephone, sewer, cable television, or other services of a similar nature.
PUBLIC WATER. A waterworks system, as defined in Public Act 98 of 1913, as amended, being M.C.L.A. §§ 325.201 to 325.214.
REGISTERED ENGINEER. An engineer properly licensed and registered in the state.
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.
RESUBDIVISION. A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or an area reserved thereon for public use, or any lot line, or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or shade trees, or for another special use. The use of the term RIGHT-OF-WAY for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.
ROAD, DEAD-END. A road or a portion of a street with only one vehicular traffic outlet.
ROAD RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the centerline of the street.
SALE or LEASE. Any immediate or future transfer of ownership, or of any possessory interest in land, including a contract of sale, lease, devise, intestate succession, or transfer of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession, or other written instrument.
SAME OWNERSHIP. Ownership by the same person, corporation, firm, partnership, unincorporated association, or other entity; or ownership by different corporations, firms, partnerships, unincorporated associations, or other entities, in which a stockholder, partner or associate, or a member of his or her family, owns an interest in each corporation, firm, partnership, unincorporated association or other entity.
SCREENING. Either:
(a) A strip at least ten feet wide, densely planted or having equivalent natural growth with shrubs or trees at least four feet high at the time of planting, or a type that will form a year-round dense screen at least six feet high; or
(b) An opaque wall or barrier or a uniformly painted fence at least six feet high.
SECONDARY ARTERIAL. A road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic generating areas such as community commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches and offices, and/or are designed to carry traffic from collector streets to the system of primary arterials.
SETBACK. The distance between a building and the street line nearest thereto.
SUBDIVIDE AND 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 created by successive divisions within a period of ten years.
SUBDIVIDER. Any person who:
(a) Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision;
(b) Directly or indirectly sells, leases or develops, or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit, or plat in a subdivision;
(c) Engages, directly or through an agent, in the business of selling, leasing or developing or offering for sale, lease or development, a subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision; and
(d) Is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.
SUBDIVISION AGENT. Any person who represents, or acts as an agent for or on behalf of, a subdivider or developer in selling, leasing or developing, or in offering to sell, lease or develop, any interest, lot, parcel, unit, site, or plot in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services.
SURVEYOR. A land surveyor who is licensed in this state as a registered land surveyor, or a civil engineer who is registered in this state as a registered professional engineer.
TEMPORARY LAND IMPROVEMENT. An improvement built and maintained by a subdivider during construction of a subdivision and prior to release of the performance bond.
TOPOGRAPHICAL MAP. A map showing existing physical characteristics with contour lines at sufficient intervals to permit determination of proposed grades and drainage.
(Prior Code, § 1240.07)