This ordinance shall officially be known, cited and referred to as the "Subdivision Ordinance of City of Coopersville" (hereafter "City").

(Ord. No. 309. Passed 3-23-98.)

(1)

It is declared to be the policy of the City to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the City pursuant to the Comprehensive Plan of the City for the orderly, planned, efficient, and economical development of the municipality.

(2)

Land shall not be subdivided until adequate public facilities, improvements, and services are available for the property.

(3)

The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the Comprehensive Plan, Planning and Zoning Code, Current Zoning Map, and Future Land Use Map, and the City's Capital Improvement Budget.

(4)

Land that has been subdivided prior to the effective date of this ordinance should, whenever possible, be brought within the scope of this ordinance to further the purposes of regulation(s) identified in Section 1220.03.

(Ord. No. 309. Passed 3-23-98.)

This ordinance is adopted for the following purposes:

(1)

To protect and provide for the public health, safety, and general welfare of the City residents, both existing and future.

(2)

To guide the future growth and development of the City in accordance with the Comprehensive Plan.

(3)

To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population.

(4)

To protect the character and the social and economic stability of all parts of the City and to encourage the orderly and beneficial development of the community through appropriate growth management techniques assuring the timing and sequencing of development, promotion of infill development in existing neighborhoods and nonresidential areas with adequate public facilities, to assure proper urban form and open space separation of urban areas, to protect environmentally critical areas and areas premature for urban development.

(5)

To protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings.

(6)

To balance public and private interests and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements, facilities, and services.

(7)

To provide a beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines.

(8)

To establish reasonable standards of design and procedures for subdivisions and replats in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land.

(9)

To lessen the pollution of air, streams, and ponds; to provide for adequate drainage facilities; to maintain the integrity of the water table, and to encourage the wise use and management of natural resources throughout the City.

(10)

To preserve the natural beauty and topography of the City and to ensure appropriate development with regard to these natural features.

(11)

To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of development as established in the zoning ordinance of the municipality.

(12)

To establish a means of determining whether land is appropriate for subdividing.

(13)

To remedy problems associated with inappropriately subdivided lands, including premature subdivision, excess subdivision, partial or incomplete subdivision, scattered and low-grade subdivision.

(14)

To coordinate the City's development with regional planning goals and purposes.

(Ord. No. 309. Passed 3-23-98.)

This ordinance is adopted in accordance with Act No. 285 of the Public Acts of 1931, as amended; Act No. 279 of the Public Acts of 1909, as amended; Act No. 207 of the Public Acts of 1921, as amended; and Act No. 288 of the Public Acts of 1967, as amended.

(Ord. No. 309. Passed 3-23-98.)

(1)

This ordinance applies to all subdivision of land, as defined in Section 1222.02 located within the corporate limits of the City.

(2)

No land may be subdivided through the use of any legal description other than with reference to a plat approved by the Council in accordance with this ordinance.

(3)

No land described in this ordinance shall be subdivided or sold, leased, transferred or developed until each of the following conditions has occurred in accordance with this ordinance:

(a)

The proprietor or his agent has submitted a conforming sketch plat of the subdivision to the City's Planning Director; and

(b)

The proprietor's sketch plat, a preliminary plat, and a final plat has been approved by the Council; and

(c)

The proprietor or his agent files the approved plats with the Clerk and Register of Deeds for Ottawa County.

(4)

No building permit or certificate of occupancy shall be issued for any parcel or plat of land created by subdivision and no excavation of land or construction of any public or private improvement within a subdivision shall take place or be commenced except in conformity with this ordinance.

(Ord. No. 309. Passed 3-23-98.)

All applications for subdivision approval, including final plats, pending on the effective date of this ordinance shall be reviewed under this ordinance except that this ordinance will not apply if preliminary plat approval was obtained prior to the effective date of this ordinance and the subdivider has constructed subdivision improvements prior to submission of the final plat as required by the municipality unless the Planning Commission determines on the record that application of this ordinance is necessary to avoid a substantial risk of injury to public health, safety, and general welfare.

(Ord. No. 309. Passed 3-23-98.)

(1)

Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This ordinance shall be construed broadly to promote the purposes for which they are adopted.

(a)

Public Provisions. This ordinance is not intended to interfere with, abrogate, or annul any other ordinance rule or regulation, statute, or other provision of law except as provided in this ordinance. Where any provision of this ordinance imposes restrictions different from those imposed by any other provision of this ordinance or any other ordinance, rule or regulation, or other provision of law, the provision which is more restrictive or imposes higher standards shall control.

(b)

Private Provisions. This ordinance is not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of this ordinance is more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of this ordinance shall govern.

(2)

Reserved.

(3)

Separability. If any part or provision of this ordinance or the application of this ordinance to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgement shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgement shall be rendered and it shall not affect or impair the validity of the remainder of this ordinance or the application of them to other persons or circumstances. The Council hereby declares that it would have enacted the remainder of this ordinance even without any such part, provision, or application which is judged to be invalid.

(Ord. No. 309. Passed 3-23-98.)

This ordinance shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of this ordinance, or as vacating or annulling any rights obtained by any person, firm, or corporation by lawful action of the City except as shall be expressly provided for in this ordinance.

(Ord. No. 309. Passed 3-23-98.)

Upon the adoption of this ordinance according to law, the Subdivision Ordinance of the City of Coopersville adopted January 17, 1972, as amended, are hereby repealed.

(Ord. No. 309. Passed 3-23-98.)

Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to this City. The developer has the duty of compliance with reasonable conditions laid down by the Planning Commission for design, dedication, improvement, and restrictive use of the land to conform to the physical and economic development of the municipality and to the health, safety, and general welfare of the future lot owners in the subdivision and of the community at large.

(Ord. No. 309. Passed 3-23-98.)

(1)

General. Where, upon review, the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with this ordinance and/or the purposes of this ordinance may be served to a greater extent by an alternative proposal, it may recommend exceptions and/or waivers of conditions to this Subdivision Ordinance so that substantial justice may be done and the public interest secured, provided that the exception or waiver conditions shall not have the effect of nullifying the intent and purpose of this ordinance; and further provided the Planning Commission shall not recommend exceptions and waiver of conditions unless it shall make findings based upon the evidence presented to it in each specific case that:

(a)

The granting of the exception or waiver of conditions will not be detrimental to the public safety, health, or welfare or injurious to other property;

(b)

The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property;

(c)

Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of this ordinance is carried out;

(d)

The relief sought will not in any manner vary the provisions of the Zoning Ordinances or Comprehensive Plan, except that those documents may be amended in the manner prescribed by law;

(e)

Any variance, exception or waiver recommended by the Planning Commission is subject to approval of Council.

(2)

Conditions. In recommending exceptions or waivers of conditions, the Planning Commission may require such conditions as will, in its judgement, secure substantially the purposes described in Section 1220.03.

(3)

Procedures. A petition for an exception or waiver of conditions shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Planning Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.

(Ord. No. 309. Passed 3-23-98.)

(1)

General.

(a)

In addition to the methods for enforcement available in accordance with Act No. 288 of the Public Acts of 1967, as amended, the City may prosecute a violation of this ordinance in the manner, and to the extent, provided for herein.

(b)

The subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, transfer, lease, or development is prohibited.

(c)

No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of this ordinance, nor shall the municipality have any obligation to issue certificates of occupancy or to extend utility services to any parcel created in violation of this ordinance.

(2)

Penalty. Whoever violates or fails to comply with any provision of this ordinance is responsible for a Municipal Civil Infraction and shall be subject to the penalties provided in Section 202.99(b) and (c) of the Administration Code. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 309. Passed 3-23-98.)