(A) Purpose.
(1) Preliminary plat review provides for formal application by a proprietor for township approval of a subdivision plat as described in this chapter and the Land Division Act. Preliminary plat review also provides the township with the opportunity to review a proposed plat to determine whether it is in compliance with township ordinances and regulations, and to approve or deny the plat on the basis of that determination.
(2) Preliminary plat review involves two steps:
(a) Tentative preliminary plat review, which provides for review of all of the salient features of a proposed subdivision, except detailed engineering and approvals from other authorities; and
(b) Final preliminary plat review, which includes review of engineering plans and requires approvals from other authorities.
(B) Submittal requirements.
(1) If the proprietor previously obtained sketch plan review in accordance with § 155.24, or if the proprietor previously obtained approval of a layout based on the development options cited in § 155.22, then only one tentative preliminary plat design shall be required. Otherwise, a minimum of two preliminary plat designs shall be submitted for review (except in the R-1 District). The first shall illustrate the proposed subdivision layout based on the uses of land, dimensional requirements and density allowed by right in the district in which the land is located (i.e., a conventional development). One of the purposes of this plan is to establish the maximum feasible development density. The one or more additional plan(s) shall illustrate alternative subdivision layouts, including at least one layout based on the open space preservation option (see § 156.142(C)).
(Ord. rev. 2-3-2004)
(2) The preliminary plat submitted for tentative approval shall show all of the salient features of the proposed subdivision to allow the township to determine whether the proposal is in compliance with this and other applicable ordinances. The lack of information related to any item specified herein, or improper information supplied by the applicant, shall be cause for disapproval of a tentative preliminary plat.
(3) The following information shall be provided for tentative preliminary plat review (see illustrations in Appendix B attached to Ord. passed 3-18-1997):
(a) Application. A completed application for tentative preliminary plat review shall be submitted, which shall contain the following information:
1. The name, mailing address and telephone of the proprietor(s);
2. The name, mailing address and telephone of the professional person(s) responsible for the subdivision design, for the design of public improvements and for surveys;
3. The name, mailing address, and telephone of the legal owner(s) or agent(s) of the property. The citation of the last instrument conveying title to each parcel of property in the proposed subdivision shall be provided; and
4. The proprietor's interest in the property. The proprietor shall submit proof of ownership in the form of a title insurance policy or a title opinion prepared by an attorney licensed in Michigan. The documentation or other legal opinion shall be required showing the legal and equitable owners (including mortgagees, contract purchasers and fee owners) of the land to be platted, plus all grants, reservations, deed restrictions and easements of record which may condition the use of the property.
(b) Tentative preliminary plat.
1. Thirteen full size copies and one 11-inch by 17-inch copy of the tentative preliminary plat, sealed by the professional surveyor who prepared the plat, shall be submitted to the Township Planning Coordinator, along with the completed application and the fee authorized by the Township Board. The Planning Coordinator shall record the submittal date. These materials must be submitted at least 21 days prior to the Planning Commission or Township Board meeting where review is desired.
(Ord. rev. 2-3-2004)
2. The tentative preliminary plat shall be on paper that is no greater than 24 inches by 36 inches, and shall be drawn at a scale of not more than 200 feet to one inch. The plat shall provide a scale, north arrow and date of original submittal and dates of any revisions. The sheets shall be numbered in sequence if more than one sheet is used.
(c) Tentative preliminary plat; existing conditions. The tentative preliminary plat shall include one or more sheets containing the following information, at minimum, regarding existing conditions:
1. Location of the property by section, town and range or by other legal description;
2. An area map showing the general relationship of the proposed subdivision to the surrounding area, to nearby community facilities, such as parks, schools, bicycle path systems and existing or planned open space, and to shopping centers. The map should also identify the boundaries of school districts serving the development;
3. Boundary of the proposed subdivision and the location of any easements with dimensions of the overall property and of the individual easements;
4. Property lines of adjacent land within 300 feet of the proposed subdivision and across abutting roads. The plat shall identify the owners of all adjacent properties based on the most current assessment roll and the names of adjoining developments, including developments across abutting roads. The plat should also identify the names of adjacent subdivisions; and
5. A site analysis consisting of maps and written analysis which identify, describe and quantify the following features, at minimum:
a. Existing woodlands. Where woodlands will be cut as a result of construction of roads, stormwater drainage facilities and other subdivision improvements, the woodlands inventory shall identify the location and species of all trees eight inches or greater in caliper, measured four feet above the ground. The character of other vegetation on the site shall also be noted on the plat;
b. Boundaries and character of any water bodies, watercourses, wetlands (including the required setback from wetlands or water features located on adjacent sites), and 100-year floodplain datum. Wetland boundaries shall be determined by a qualified wetlands consultant and surveyed by a professional surveyor. Documentation supporting the wetland delineation shall be submitted, including but not necessarily limited to: dominant vegetation, wetland indicators and a description of the soil profile;
c. Groundwater recharge areas, to the extent that such information is available from existing data sources;
d. Existing stormwater drainage patterns, systems and structures, including approximate locations of farm field drain tiles, if known;
e. Soils (based on U.S. Soil Conservation Survey or soil borings);
f. Habitats of threatened and endangered species (i.e., federal and state listed species), if known;
g. Sight distance limitations along existing or proposed roads;
h. Topographic relief of the site and within 200 feet of the site at two-foot contour intervals, referenced to U.S.C. and G.S. elevation datum;
i. If any streets are proposed as dead-end streets at or near the subdivision boundary which abuts vacant land, the general topography and features of the adjacent land shall be delineated. This information shall be used to determine if future street extensions are desirable; and
j. Other features uniquely affecting the site.
6. Zoning classification of the proposed subdivision and all adjoining properties;
7. Name, location and right-of-way width of any existing public, private, or platted streets, roads, highways or railroads abutting or on the subdivision site or within 300 feet of the subdivision site. The number of lanes and the most current traffic volumes shall be noted for existing streets roads and highways;
8. Locations and sizes of any existing sanitary or storm sewers, existing county or private drains, cross culverts under existing roads, and other underground structures within the subdivision site or immediately adjacent to it;
9. Locations of other above- or below-ground utilities within the subdivision site or immediately adjacent to it, including but not limited to gas, electric, telephone and cable television utilities.
10. Location of existing permanent structures on and within 100 feet of the subdivision site. Structures to be removed shall be so marked; and
11. The water elevations of lakes, streams and other water bodies on or adjacent to the site, and the ordinary high- and low-water elevations of such water bodies.
(d) Tentative preliminary plat; proposed improvements. The tentative preliminary plat shall contain the following information regarding proposed improvements, at minimum:
1. Name of the proposed subdivision. The proposed name shall not duplicate the name of any plat previously recorded unless the proposed subdivision is an addition contiguous to a plat with the same name or the proposed subdivision is a part of a previously approved plat of the same name;
2. Layout, right-of-way width, typical cross-section and names of proposed public or private streets or roads. The plat should also indicate if on-street parking will be permitted;
3. Sight distance plan and profile at each intersection of a proposed subdivision street with any existing or proposed public road or street;
4. The locations, width, and type of construction of any sidewalks, bicycle paths or multi-use paths;
5. The location, width and purpose of any proposed easements;
6. The location, approximate dimensions and approximate area of all proposed lots. Lots shall be numbered consecutively beginning with lot number one. The front and rear yards shall be identified on all corner lots and lots located on cul-de-sacs;
7. The tentative preliminary plat shall have a table that provides the following information for each lot: lot area (in square feet), road frontage and lot width measured at the front setback line;
8. The location and dimensions of required front, side and rear yard setbacks on each lot (i.e., the building envelope), as well as the required setbacks from any wetland or shoreline;
9. The location, approximate dimensions, approximate area and proposed use of all parcels of land proposed to be set aside for park or playground use or other public use, or for the use of property owners in the proposed subdivision. The conditions, if known, of any such dedication or reservation shall be specified;
10. Where a proprietor proposes to subdivide land in phases, the tentative preliminary plat shall include a general layout for the entire development. The initial phase and the method of temporary construction and permanent access to subsequent phases shall be clearly identified;
11. An indication of the ownership and existing and proposed uses of any parcels identified as "excepted" on the tentative preliminary plat. If the proprietor has an ownership interest in any excepted parcel, the tentative preliminary plat shall indicate how this parcel could be developed in accordance with the requirements of the existing zoning district in which it is located and in a manner that is compatible with and relates to the proposed plat in terms of utilities, streets and land uses;
12. If the subdivision abuts undeveloped residentially zoned land or includes any outlots or excepted parcels, information shall be provided to demonstrate that the adjacent or remaining land can be used or subdivided in conformance with township standards; and
13. Landscape plan, which shall identify existing trees to be saved and removed, and species, locations and sizes of all proposed plantings.
(e) Tentative preliminary plat; other submittals.
1. The following additional information shall be provided, unless otherwise indicated, with the application for tentative preliminary plat review:
a. If the proprietor chooses, he or she may cause temporary stakes to be located on site to enable the township officials to find and evaluate features of the tentative preliminary plat in the field;
b. If the intended use of the proposed plat is not entirely residential single family then a written statement specifying the intended use should be submitted. The location and size of proposed multiple-family dwellings, shopping centers, churches, commercial or industrial facilities should be noted; and
c. A "traffic assessment" shall be required for developments that would generate between 50 and 99 directional trips during a peak hour of traffic, and a "traffic impact study" shall be required for new developments that would generate over 100 direction trips during a peak hour or over 750 trips on an average day.
2. The threshold conversions shall be based on the current Trip Generation Manual, which is published by the Institute of Transportation Engineers (ITE), and updated as needed;
3. The requirement for a traffic assessment or traffic impact study may be waived by the Planning Commission or Township Board in the following instances:
a. The existing level of service is not expected to be significantly impacted by the proposed development due to the nature of the request or specific conditions at the subject site; and/or
b. A similar traffic study was previously prepared for the subject site and is still considered applicable.
4. The proprietor shall submit copies of the tentative preliminary plan to county, regional and state agencies that have jurisdiction over any aspect of the subdivision including, where applicable, the Ingham County Road Commission, Ingham County Drain Commission, Michigan Department of Transportation, Michigan Department of Environmental Quality, Ingham County Health Department, Tri-County Regional Planning Commission and the Ingham Natural Resources and Soil Conservation Service. Although approval from these agencies is not required for tentative preliminary plat approval, any written comments received from these agencies shall be submitted to aid the township review process.
(C) Planning Commission review procedures.
(1) Initial review. Upon receipt of the tentative preliminary plat, the township staff shall check it for completeness. If required data specified in this chapter has been omitted, the proprietor shall be notified of the additional data required and that the application will be delayed until the required data are received. The "date of filing" shall be considered the date on which a plat containing all required data is received by the township.
(2) Placement on Planning Commission agenda. When the information is complete, the proposed tentative preliminary plat shall be placed on the agenda of the next regular Planning Commission meeting, and copies shall be distributed to appropriate township staff and consultants to obtain planning, preliminary engineering, wetland and public safety review.
(3) Public notice. Prior to action on the tentative preliminary plat by the Planning Commission, notice shall be sent to all property owners within 500 feet of the boundary of the proposed subdivision, based on the township's assessment records. The notice shall be mailed at least five days prior to the Planning Commission meeting. The notice shall explain that a subdivision has been proposed, give the location and general information and note the time and place where the public can attend the meeting when the subdivision proposal will be discussed. The purpose of the notification is to inform the public of the project; it is not a "public hearing". The Planning Commission, however, may elect to accept comments from the public during the informational meeting.
(4) Planning Commission review. The Planning Commission shall review the tentative preliminary plat with respect to the requirements of this chapter, Chapter 156 of this code, other applicable ordinances and standards and the Master Plan.
(5) Planning Commission recommendation.
(a) The Planning Commission shall recommend approval, conditional approval or denial of the proposed tentative preliminary plat, as indicated below, within 60 days after the plat was filed with the township unless the proprietor has waived the review deadlines in writing, pursuant to § 155.21. If no action is taken within 60 days and the review deadline has not been waived, the tentative preliminary plat shall be deemed "recommended approved" by the Planning Commission.
(b) If the proprietor submitted more than one tentative preliminary plat design for review pursuant to § 155.25, the Planning Commission shall review each design but only one such design shall be recommended for approval or conditional approval to the Township Board. The Planning Commission may, however, recommend denial of all tentative preliminary plat designs submitted for review.
1. Conditional approval shall be granted only if the proprietor has waived the review deadlines in writing, pursuant to § 155.21, in which case the tentative preliminary plat shall not be forwarded to the Township Board until the conditions have been properly addressed on a revised tentative preliminary plat and with supporting documentation. At its discretion, the Planning Commission may waive its right to review the revised plat in lieu of administrative review by township staff or Township Planner.
2. Upon determination that the tentative preliminary plat does not comply with the standards and regulations in this chapter and other applicable ordinances, standards and plans, the Planning Commission shall recommend denial. The reasons for denial shall be recorded in the meeting minutes and a copy of the minutes and the tentative preliminary plat shall be forwarded to the Township Board and proprietor.
3. Upon determining that the tentative preliminary plat is in compliance with the standards and regulations in this chapter and other applicable ordinances, standards and plans, the Planning Commission shall recommend approval and the Planning Coordinator shall make a notation to that effect on each copy of the tentative preliminary plat. One copy of the approved plat shall become a matter of permanent record in the Commission files, one copy shall be returned to the proprietor and the remaining copies shall be forwarded to the Township Board with a copy of the Planning Commission minutes.
(D) Township Board review procedures.
(1) Notification of Planning Commission action. The Township Board shall not receive or take action on a preliminary plat until it has received the review and recommendations from the Planning Commission or until the Board has been notified that the review period for the Planning Commission expired. The Planning Commission's recommendations may be transmitted to the Township Board in the form of minutes from the meeting at which action was taken. A draft copy of the minutes may be transmitted to the Township Board prior to being approved by the Planning Commission, provided that it is noted that the minutes are subject to approval and provided that adopted minutes are transmitted as soon as feasible.
(2) Review deadline. Following receipt of the Planning Commission's action, the Township Board shall take action on the preliminary plat within 90 days of the date of filing of the tentative preliminary plat with the Township Clerk, unless the proprietor has waived the review deadlines in writing, pursuant to § 155.21.
(3) Township Board action. The Township Board shall approve, conditionally approve or disapprove the proposed plat, as follows:
(a) Conditional approval shall be granted only if the proprietor has waived the review deadlines in writing, pursuant to § 155.21. The proprietor may resubmit the plat to the Township Board for approval after the conditions have been properly addressed. At its discretion, the Township Board may waive its right to review the revised plat in lieu of administrative review by township staff or Township Planner.
(b) Upon determination that the preliminary plat does not comply with the standards and regulations in this chapter and other applicable ordinances, standards, and plans, the Township Board shall deny the tentative preliminary plat.
(c) Upon determining that the preliminary plat is in compliance with the standards and regulations in this chapter and other applicable ordinances, standards, and plans, the Township Board shall approve the tentative preliminary plat.
(4) Notification. The Clerk or the Clerk's designee shall promptly notify the proprietor, the Planning Commission, and all other agencies involved in the plat review process of approval or disapproval in writing, and the reasons if the plat was disapproved. One copy of the approved or disapproved plat shall become a matter of permanent record in the township files and one copy appropriately designated "Approved" or "Denied" shall be transmitted to the applicant.
(5) Effect of approval.
(a) Approval of the tentative preliminary plat by the Township Board shall confer upon the proprietor for a period of one year from the date of approval, approval of lot sizes, lot orientation and street layout. The one-year period may be extended if applied for in writing by the proprietor prior to the expiration date and granted by the Township Board in writing. The Township Board may seek the Planning Commission's recommendation on any such extension. If the extension is granted, the Township Clerk shall notify the other approving authorities. In approving an extension, the Township Board may impose new standards (not necessarily related solely to lot size, lot orientation and street layout) as a result of new standards, changing conditions on surrounding parcels or other considerations; provided that, the revised plat shall still be considered substantially conforming to the previously approved tentative preliminary plat, as outlined in § 155.26(C).
(Ord. rev. 2-3-2004)
(b) Tentative approval of the preliminary plat grants the proprietor no rights to begin installation or construction of improvements, including grading, tree removal or land balancing.
(Ord. passed 3-18-1997)