(A) Condition of final plat approval. Before the final plat is approved by the township, the proprietor shall be required to complete all of the following improvements at his or her expense and without reimbursement from any public agency or any improvement district (except as may be permitted by state law), and in accordance with the conditions and specifications contained in this chapter, except as provided in § 155.27(C), following. If the proprietor does form or cause to be formed a special district or districts to finance or construct required improvements, such action does not release the developer from his or her obligations to complete the improvements. Where applicable, the proprietor shall dedicate these improvements to the township or other applicable governmental unit, free and clear of all liens and encumbrances on the dedicated property and public improvements. These improvements shall be completed in accordance with the approved preliminary plat, the approvals of other authorities, the regulations in this chapter (particularly §§ 155.40 through 155.49), and the requirements of other applicable ordinances, laws and regulations, and shall be subject to inspection by the Township Engineer and other authorities having jurisdiction over such improvements. Required improvements include, where applicable:
(1) Monuments shall be set in accordance with Michigan Public Act 288 of 1967, being M.C.L.A. §§ 560.101—560.293, as amended (the Land Division Act), and the rules of the Michigan Department of Commerce. If any monument or lot marker is removed during construction the responsible party shall secure the services of a professional surveyor to replace the monument or lot marker;
(2) Streets (including curbs and gutters, where applicable);
(3) Utility lines;
(4) Storm drainage;
(5) Water supply system;
(6) Sanitary sewer system;
(7) Street signs;
(8) Sidewalks, pedestrian-bicycle pathways and crosswalks;
(9) Landscaping, including street trees;
(10) Soil erosion and sedimentation control measures; and
(11) Mailbox clusters, if required by the U.S. Postal Service.
(B) Self-imposed improvements and restrictions. If the proprietor proposes any improvements or places restrictions on any of the land contained in the subdivision that exceed the requirements in this chapter or the Zoning Ordinance, such improvements and restrictions shall be indicated on the plat and recorded in the subdivision restrictive covenants in a form to be approved by the Township Attorney.
(C) Construction plans and specifications. No installation or construction of any improvements shall be made before construction/engineering plans and specifications have been approved by the Township Engineer and by other authorities that have jurisdiction over the improvements. Where a plat straddles municipal boundaries, no permits for construction shall be issued until verification has been received that the preliminary plat has been approved by both municipalities.
(D) Alternative to completing improvements; subdivision improvement agreement. In lieu of completion of all applicable public improvements prior to approval of the final plat, the Township Board may permit the developer to enter into a subdivision improvement agreement by which the developer covenants to complete all required public improvements no later than two years following the date on which the final plat is signed by the township. The subdivision improvement agreement shall provide for the following:
(2) Subdivision improvement agreement. The subdivision improvement agreement shall provide that the covenants contained in the agreement shall run with the land and bind all successors, heirs and assignees of the proprietor. The subdivision improvement agreement shall be adopted by the Township Board and recorded pursuant to applicable state and local laws and ordinances.
(3) Completion of improvements. Upon substantial completion of all required improvements, the proprietor shall notify the township in writing of the completion or substantial completion of improvements, and shall send a copy to the Township Engineer and other agencies that have authority over the project. The Township Engineer shall inspect all improvements identified in the notice and shall file a detailed report, in writing, with the Township Board indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be listed.
(4) Approval of improvements. The Township Engineer shall either approve, partially approve or reject the improvements and shall notify the proprietor in writing of the contents of the report and the action taken no later than 30 days after receipt of the notice from the developer of the completion of the improvements. Failure of the Township Engineer to send or provide the notification within 30 days shall be deemed to constitute approval, and the obligor and surety, if any, shall be released from all liability pursuant to the performance guarantee.
(5) Partial approval. Where partial approval is granted, the developer shall be released from all liability except for that portion of improvements not yet approved.
(E) Review of construction plans and specifications. Review of the construction plans and specifications by the township shall be initiated by submitting the plans and specifications in the form and quantity and according to the process specified by the Building Inspector.
(1) Required plans. Plans and specifications shall be submitted for all proposed improvements including, where applicable: sanitary sewers; public water; storm sewers; sidewalks; soil erosion and sedimentation control measures; site grading (including all information required by the Township Engineer); roads (including road and paving cross-sections and profiles); street lighting; landscaping; and signs. Cost estimates for each such improvement shall be included.
(2) Construction operations plan. The proprietor shall also submit a construction operations plan for review and approval, which shall include the following information:
(a) The routes to be used by all construction traffic in the first phase and in subsequent phases. Construction traffic shall be routed to minimize impact on existing residential development, to the extent feasible;
(b) The method of storage, frequency of removal, type of covering and disposal destination of all construction debris. No cut trees, timber, debris, rocks, junk, rubbish or other waste materials of any kind shall be buried within the subdivision, or left or deposited on any street. Removal of the waste materials shall be required at the time of expiration of any subdivision improvement agreement or dedication of public improvements, whichever is sooner, unless weight restrictions on roads prevent removal, in which case the township may extend the time limit for removal. As a condition of extending the time limit, the township may require a performance guarantee to assure removal of waste materials;
(c) The methods and frequency of dust control (including dust, dirt and other material deposited or tracked onto public streets);
(d) Methods to protect adjacent property, including wetlands, other natural areas and residential developments, from construction impacts (e.g., temporary screen walls, fencing, landscaped buffer, silt fencing and other appropriate actions, including actions necessary to comply with the Michigan Natural Resources and Environmental Protection Act, being M.C.L.A. §§ 324.101 – 324.90106, and other applicable statutes);
(e) The approximate construction timetable on a month-by-month basis, the days of the week when construction will occur, and the maximum daily starting and ending times for construction;
(f) The methods that will be used to notify subcontractors of the requirements in the construction operations plan; and
(g) Methods established to control impacts from construction in accordance with an approved construction operations plan shall be maintained on a continuing basis for the duration of the construction project.
(3) Covenants and restrictions. If a homeowners' association is proposed, the developer shall submit a copy of the declaration of covenants and restrictions that will govern the association. If the homeowners' association is proposed as the method by which common areas and facilities will be maintained, then these covenants and restrictions shall specify, at a minimum, when the homeowners' association will be established; whether membership will be mandatory for each home buyer and any successive home buyer; whether the association or another entity will be responsible for liability insurance, applicable taxes and the continuing upkeep and proper maintenance of recreation, open space and other common facilities; whether homeowners will be required to pay their pro rata share of the cost of maintenance, and how unpaid assessments will be collected; and how the association will adjust any assessment to meet changing needs.
(4) Alternative method of maintenance. If a homeowners' association is not proposed then the person or organization responsible for the continuing upkeep and proper maintenance of recreational, open space and other common facilities shall be identified, and the method of financing such maintenance shall be outlined.
(5) Review by other authorities; proprietor's responsibility. It shall be the responsibility of the developer to obtain review and approval of construction plans and specifications for public improvements that are under the jurisdiction of other authorities. Evidence of all approvals required from other authorities shall be submitted in the form specified by the township prior to issuance of any permits for construction.
(F) Authorization to proceed.
(1) Developer requirements. Authorization to proceed with construction may be granted after:
(a) Construction plans and specifications have been approved by the township and other applicable authorities;
(b) The developer has submitted evidence of public liability and property damage insurance in a form and amount specified by the township;
(c) The developer has submitted evidence of public liability and property damage insurance in a form and amount specified by the Building Inspector; and
(d) The developer has submitted an inspection fee deposit in an amount specified by the township.
(2) Grading permit. Notwithstanding the preceding requirements, subsequent to final preliminary plat approval the developer may apply for a topsoil, tree removal and excavation permit from the Building Inspector; provided that, the final grading plan has been approved by the township. Upon receipt of the grading permit, the developer may commence construction to the grades and elevations specified on the approved grading plan.
(3) Construction of homes prior to final approval. The Building Inspector may permit construction of up to three homes which may be used as model homes prior to final plat approval, subject to applicable zoning standards and the following conditions.
(a) The lots on which the homes are constructed shall have direct access to an existing county road or state highway, except as noted in division (E)(3)(b) below.
(b) The developer shall submit plans and specifications and a performance guarantee to cover the cost of all improvements (including improvements required to provide proper access to a public road) that would be necessary to achieve a certificate of occupancy for single-family homes in the event that the remainder of the subdivision is not constructed.
(c) The model homes shall not be offered for sale until certificates of occupancy have been properly issued and approval has been obtained from other local, county or state agencies, as necessary.
(G) Pre-construction meeting.
(1) At least ten days prior to construction of subdivision improvements, including site grading, the contractor shall contact the township representative to establish a date and time for a pre-construction meeting which should occur at least five days prior to commencement of construction. The proprietor shall be responsible for making all arrangements and notifying meeting attendees.
(Ord. rev. 12-1-1998)
(2) Except where proposed improvements include only site grading, those invited to attend shall include, but not necessarily be limited to: the proprietor, the proprietor's engineer, the contractor and the contractor's on-site superintendent, subcontractor representatives, the Township Engineer, representatives from the Ingham County Road Commission, representatives from the Ingham County Drain Commission, Michigan Department of Transportation (if the project abuts a state highway) and the Williamstown Township Building Inspector. In addition, utility companies and other state, county, or local governmental agencies that have facilities that may be affected by the proposed development, or that may be able to contribute information of use to the construction project, shall be informed of and invited to attend the pre-construction meeting.
(3) If proposed improvements involve only site grading, those invited to attend shall include the proprietor, the proprietor's engineer, the contractor and the contractor's on-site superintendent, the Township Engineer, the Township Building Inspector and representatives from the Ingham County Drain Commission.
(H) Inspections.
(1) No work on water mains, sanitary sewers, storm drains and retention basins and paving shall proceed without prior notification of the Township Building Inspector to allow the township to schedule inspections, as deemed necessary. The contractor or proprietor shall contact the Township Building Inspector at least 48 hours prior to the start of construction to arrange for the inspection and to deposit the required inspection fee.
(2) Work installed without required inspections may not be accepted for dedication to the township and may not be allowed to connect to the public system and/or be issued a certificate of occupancy.
(I) Field changes. Where actual conditions encountered on the construction site warrant design modifications, the modifications may be permitted in accordance with the usual procedures established by the township for review and approval of the modifications; and, provided further that, all such modifications comply with the regulations in this and other applicable ordinances and laws, and provided that such modifications do not result in any significant change to the subdivision layout or lot sizes or dimensions. Changes to the subdivision layout or lot size or dimensions, where the changes result in an increase or decrease of greater than 10% in lot size, lot width or lot depth for any lot, shall be subject to Planning Commission review and Township Board approval.
(J) Escrow deposits for seasonal improvements. If certain lot improvements cannot be completed because of the season of the year, the Township Building Inspector may issue a certificate of occupancy, provided there is no danger to health, safety or general welfare, upon accepting a cash escrow deposit or certified letter of credit for the full cost of the improvements. All required improvements for which escrow funds have been accepted shall be installed by the developer within a period of nine months from the date of deposit and issuance of the certificate of occupancy. If the improvements have not been properly installed at the end of this time period, the Building Inspector shall give notice to the developer that the improvements shall be installed within two weeks. If the improvements are not properly installed after two weeks, the Building Inspector may request the Township Board to proceed to contract out the work for installation of the improvements for a cost not to exceed the amount of the escrow deposit. At the time of issuance of the certificate of occupancy for which escrow monies are being deposited, the developer shall file a notarized statement from the purchaser or purchasers of the premises authorizing the township to install the improvements at the end of the nine-month period if the improvements have not been properly installed by the developer.
(K) Final inspections and acceptance.
(1) Final inspection and tests. Prior to acceptance of public facilities or utilities for use and maintenance by the township or other public entity having jurisdiction, all improvements shall have been completed and equipment removed from the site, and the final inspection and all required tests shall be completed. Any tests which fail shall be repeated after repairs have been made. Any portions of the work found to be unacceptable shall be repaired or replaced prior to acceptance.
(2) As-built drawings. As-built (record) drawings showing the final locations and grades of all utilities and other improvements shall be submitted to the township for review and acceptance.
(Ord. passed 3-18-1997)