(1)

Classification of Subdivisions. Before any land is subdivided the owner of the property proposed to be subdivided, or his authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the following procedures, which include three principal steps for subdivision:

(a)

Sketch Plat.

(b)

Preliminary Plat.

(c)

Final Subdivision Plat.

(2)

Official Submission Dates. For the purpose of this ordinance, sixty days after the proprietor has submitted the completed application and paid the fee, shall constitute the Official Submission Date of the plat.

(3)

Coordination of Flexible Zoning Application with Subdivision Approval.

(a)

It is the intent of this ordinance that subdivision review be carried out simultaneously with the review of Planned Unit Development (PUD) applications under the Zoning Ordinances. The plans required for PUD applications shall be submitted in a form to satisfy the requirements of the subdivision regulations and Zoning Ordinances.

(b)

General Requirement. Whenever the Zoning Ordinances authorize PUD applications which permit uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated, and the application entails the subdivision of land, site plan approval by the Planning Commission shall be required in addition to all other procedures and approvals required under the Zoning Ordinances.

(c)

Referral for Approval. After completing its review the Planning Commission shall refer the sketch plat and preliminary plat with its recommendation for approval, conditional approval, or disapproval, together with such recommendations and reviews of use, density, and bulk standards as it was required to make under the PUD regulation of the Zoning Ordinances, to the Council. Application shall then be made to the Planning Commission for final plat recommendation and Council approval. No building permits or certificates of occupancy shall be issued for the project until the zoning application has been finally approved, the final subdivision plat is recorded with the Ottawa County Plat Board, and as required by Act No. 288 of the Public Acts of 1967, as amended.

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

(1)

Discussion of Requirements. Before preparing the sketch plat for a subdivision, the applicant should schedule an appointment and meet with the Planning Director to discuss the procedure for approval of a subdivision plat and the requirements as to general layout of streets, blocks, and for reservations of land, street improvements, drainage, sewerage, fire protection, characteristics of the land on and adjacent to the site, and similar matters, as well as the availability of existing services. The Planning Director shall also advise the applicant, when appropriate, to discuss the proposed subdivision with those officials who must eventually approve those aspects of the subdivision plat coming within their jurisdiction.

(2)

Application Procedure and Requirements. Prior to subdividing land and after meeting with the Planning Director, the owner of the land, or his authorized agent, shall file an application for review of a sketch plat with the Planning Commission. The application shall:

(a)

Be made on forms available at the office of the Planning Director.

(b)

Include all contiguous holdings of the owner including land "common ownership" as defined in this ordinance, with an indication of the portion which is proposed to be subdivided, accompanied by an affidavit of ownership, which shall include the dates the respective holdings of land were acquired, together with the liber and page where each conveyance to the present owner is recorded in the Ottawa County Recorder of Deeds Office. The affidavit shall advise as to the legal owner of the property, the contract owner of the property, the date the contract of sale was executed, and, if any corporations are involved, a complete list of all directors, officers, and stockholders of each corporation owning more than five percent of any class of stock.

(c)

Be accompanied by [a] minimum of fifteen copies of the sketch plat as described in this ordinance and complying in all respects with this ordinance.

(d)

Be accompanied by a fee as established by resolution of the Council.

(e)

The application shall include an address and telephone number of an agent who shall be authorized to receive all notices required by this ordinance.

(f)

The Planning Commission will review the plan with the subdivider or his agent.

(g)

The Planning Commission shall inform the subdivider or his agent of the City's development policies and make appropriate comments and suggestions concerning the proposed development.

(h)

The Planning Director shall inform the Council of the results of the review of the sketch plat.

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

No sooner than thirty days and no later than 180 days after the date of the Notice to Proceed, the applicant may apply for preliminary plat approval. If the applicant fails to apply for preliminary plat approval within the 180-day period, a new sketch plat must be submitted.

(1)

Application Procedure and Requirements. Based on the Notice to Proceed, the applicant shall file in duplicate with the Planning Director an application for approval of a preliminary plat if the applicant elects to proceed. The preliminary plat shall conform substantially with the sketch plat submitted by the applicant and which formed the basis for the Notice to Proceed. The application shall:

(a)

Be made on forms available at the Office of the Planning Director together with a fee as established by the Council.

(b)

Include all land which the applicant proposes to subdivide giving the numbers of section, township and range and all land immediately adjacent extending 300 feet from the street frontage of opposite land, with the names of owners as shown in the Assessor's files and the land use and existing zoning of adjacent tracts.

(c)

Be accompanied by a minimum of fifteen copies of the preliminary plat on a topographic map with contours shown of two foot intervals as described in this ordinance.

(d)

Name, addresses, one telephone number of the engineers and surveyors preparing the plat.

(e)

The preliminary plat may be on paper and shall not be less than twenty-four inches by thirty-six inches, at a scale of at least one inch to 100 feet showing date and north arrow.

(f)

A map showing the location of the subdivision to the City in general.

(g)

If the proposed plat is a portion of a larger holding intended for subsequent development, a map of the entire area scheduled for development.

(h)

The preliminary plat will include streets, street names, rights-of-way, roadway widths, lot lines, total number of lots by block, utility and other easements showing location, width and purpose.

(i)

Five copies of proposed protective covenants and deed restrictions, or state in writing that none are proposed.

(j)

Soil erosion and sedimentation plan for the construction period.

(k)

Grading plan for the entire site.

(l)

Be accompanied by a minimum of five copies of construction plans as described in this ordinance.

(m)

Be presented to the Planning Director at least thirty days prior to a regular meeting of the Planning Commission.

(2)

Public Hearing. Upon receipt of a formal application for preliminary plat approval and, if the applications and accompanying material meets all requirements of this ordinance, the Planning Director shall call a public hearing for the next regular meeting of the Planning Commission. The Planning Director shall submit a notice for publication in one newspaper of general circulation to be published at least fifteen days prior to the public hearing and mail notices to all property owners, as specified in Section 1224.03(1)(b), and shall maintain file copies of the plat and construction plans when appropriate for public review prior to the hearing.

(3)

Preliminary Plat Review. After the Planning Commission has reviewed the preliminary plat and construction plans, the report of the Planning Director, any Municipal recommendations and testimony and exhibits submitted at the public hearing, the applicant shall be advised of any required changes and/or additions. The Commission shall give its report to the Council within sixty days of the official submission date with recommendations to approve, conditionally approve, or disapprove the preliminary plat. The Council must act on the application within ninety days of filing.

(4)

Council.

(a)

After Planning Commission action, the subdivider shall submit to the Planning Director fifteen copies of the preliminary plat for distribution to Council and City staff.

(b)

The Council shall not review, approve or reject the preliminary plat until it has received the Planning, Commission report and recommendations.

(c)

The Council shall consider the preliminary plat at its next meeting, but no later than thirty days after receipt from the Planning Commission.

(d)

The Council shall within twenty days either approve, approve with conditions, or reject the preliminary plat. If the plat is rejected or conditions imposed, the Council's reasons shall be set forth in writing.

(5)

Standards for Approval of Preliminary Plats. No preliminary plat of a proposed subdivision shall be recommended by the Planning Commission or approved by the Council unless the applicant proves by clear and convincing evidence that:

(a)

Definite provisions have been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed;

(b)

If a public sewage system is proposed, adequate provision has been made for such a system and, if other methods of sewage disposal are proposed, that such systems will comply with federal, state, and local laws and regulations;

(c)

All areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions;

(d)

The proposed subdivision will not result in the scattered subdivision of land that leaves undeveloped parcels of land lacking urban services between developed parcels;

(e)

The subdivider has taken every effort to mitigate the impact of the proposed subdivision on public health, safety, and welfare.

The Council is authorized to disapprove the preliminary plat even though the land proposed for subdivision is zoned for the use to which the proposed subdivision will be put and the proposed use is consistent with the Comprehensive Plan if these standards are not met.

(6)

Public Improvements. The Council shall require the applicant to indicate on the plat all roads and public improvements to be dedicated, all special districts for water, fire, and utility improvements which shall be established or extended, and any other special requirements deemed necessary by the Council in order to conform the subdivision plat to the Comprehensive Plan of the City.

(7)

Distribution to Authorities. The proprietor shall submit to the various approving authorities the number of copies of the preliminary plat required by Act No. 288 of the Public Acts of 1967, as amended, plus two copies which will be distributed to the Coopersville Public School District. The proprietor shall then file with the City Clerk a list of all authorities to whom validated copies of the preliminary plat were distributed.

(8)

Effective Period of Preliminary Plat Approval. The approval of a preliminary plat shall be effective for a period of two years from the date that the preliminary plat is approved by the Council, at the end of which time the applicant must have submitted a final subdivision plat for approval. If a subdivision plat is not submitted for final approval within the two-year period, the preliminary approval shall be null and void, and the applicant shall be required to submit a new plat for sketch plat review subject to the then existing zoning restrictions and subdivision regulations.

(9)

Zoning and Subdivision Regulations. Every preliminary plat shall conform to existing zoning regulations and subdivision regulations applicable at the time that the proposed preliminary is submitted for the approval of the Council unless the Planning Commission; provided, however, that if pertinent zoning ordinance or subdivision ordinance provisions are amended prior to the preliminary plat's approval, the preliminary plat must comply with any such amendments.

(10)

Grading of Site Prior to Final Approval. Subsequent to preliminary approval, and approval of grading plan by the City Engineer, the Building Inspector may issue a permit to allow construction to the grades and elevations required by the approved preliminary plat.

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

At any time after preliminary plat approval and before submission of a final plat, the applicant may request of the Planning Director that an amendment be made in the approval or conditional approval of the preliminary plat. Under regulations established by the City, the Planning Director may agree to proposed amendments that are deemed to be minor. If the proposed amendment is major, the Planning Commission shall hold a public hearing on the proposed major amendment in accordance with the same requirements for preliminary plat approval found in Section 1224.02. Any public hearing on a proposed major amendment shall be limited to whether the proposed major amendment should or should not be approved. The Commission shall make recommendation to the Council to approve or disapprove any proposed major amendment and may make recommendations or any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. The Council shall act on the amendment within twenty days of receiving the report from the Planning Commission. The Council shall approve, approve with conditions or disapprove. A major amendment shall include, but is not limited to, any amendment that results in or has the effect of decreasing open space in the subdivision by ten percent or more or increasing density in the subdivision by ten percent or more or requires the approval of other governmental agencies. The Council shall render a decision on the proposed major amendment within thirty days after the meeting at which the public hearing was held, including any adjourned session, was closed.

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

(1)

Application Procedure and Requirements. Following the approval of the preliminary plat, the applicant, if he wishes to proceed with the subdivision, shall file with the Planning Director an application for final approval of a subdivision plat. The application shall:

(a)

Be made on forms available at the Office of the Planning Director, together with a fee as established by Council.

(b)

The City Clerk must receive copies of approval from all approving authorities as required by Act No. 288 of the Public Acts of 1967, as amended.

(c)

Final plats shall be proposed and submitted as provided for in the Act No. 288 of the Public Acts of 1967.

(d)

The subdivider shall submit proof of ownership of the land included in final plat form of an abstract of title certified to the date of the proprietor's certificate, or a policy of title insurance currently in force.

(e)

Be accompanied by a minimum of fifteen copies of the final subdivision plat and the construction plans, as described in this ordinance.

(f)

Comply in all respects with the preliminary plat, as approved.

(g)

Be presented to the Planning Director at least four weeks prior to a regular meeting of the Council in order that the required fifteen days public notice and personal notice to the owners listed in Section 1224.05(1)(h) may be given. The notice shall advise the public that the final plat and all conforming documents have been received by the Council and may be reviewed by members of the public who may then submit written comments to the Council concerning whether final approval should be granted. The notice shall include a deadline for receipt of comments and shall include the date of the public meeting at which final plat will be considered.

(h)

Be accompanied by all formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks, and easements, in a form approved by the City Attorney; and the subdivision plat shall be marked with a notation indicating the formal offers of dedication as follows:

The owner, or his representative, hereby irrevocably offers for dedication to the local government all the streets, local government uses, easements, parks, and required utilities shown on the subdivision plat and construction plans in accordance with an irrevocable offer of dedication dated _______, and recorded in the Ottawa County Record of Deeds Office.

By  _____
(Owner or Representative)

Date _______

The applicant shall deliver a full covenant and warranty deed to all dedicated lands and improvements in proper form for recording, together with a title policy for the local government in the sum not less than twenty dollars ($20.00) per parcel created, which sum shall be determined by the City Attorney before signing of the final subdivision plat.

(i)

Be accompanied by the subdivision improvement agreement and security, if required, in a form satisfactory to the City Attorney and in an amount established by the Council upon recommendation of the City Engineer and shall include a provision that the subdivider shall comply with all the terms of the resolution of final subdivision plat approval as determined by the Council and shall include, but not be limited to, the performance of all required improvements.

(j)

Be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of this ordinance and by written assurance from the public utility companies and improvement districts that necessary utilities will be installed and proof that the applicant has submitted petitions in writing for the creation or extension of any improvement districts as required by the Council upon preliminary plat approval.

(2)

Notice of Requirements. Upon receipt of formal application and all accompanying material, the Planning Director shall schedule action at the next meeting of the Council to be held at least thirty days after the date of the application. The Planning Director shall submit a notice for publication in one newspaper of general circulation to be published at least fifteen days prior to the meeting and mail notices to all property owners, as specified in Section 1224.05(1)(h), and shall maintain file copies of the plat and construction plans for public review prior to the meeting. All notices shall advise that the final plat for the subdivision and related documents are on file with the Council and may be reviewed by members of the public who may then submit written comment on whether final plat approval should be granted. The notices shall include a deadline for receipt of comments and shall include the date, time and place of the public meeting at which final plat approval will be considered.

(3)

Council and Determination. The Council shall, within thirty days from the Official Submission Date for the final subdivision plat, examine the plat for conformance with:

(a)

The provisions of the Subdivision Control Act.

(b)

The provisions of this ordinance.

(c)

The preliminary plat, as approved.

The time for review and recommendations by the Council may be extended by agreement with the subdivider.

(4)

Council. The Council shall review the final plat at its next regular meeting, or at a meeting to be called within twenty days of receipt from the Planning Director. The Council shall approve the plat, or disapprove it. If disapproved, the Council shall give the subdivider its reasons in writing and rebate the recording fee and whatever portion of the review fee is provided for in this ordinance. The Council shall instruct the Clerk to record all proceedings in the minutes of the meeting, which shall be open for inspection and to sign the Municipal certificate on the approved plat in behalf of the Council.

(5)

Improvements and Facilities Required by the City. The Council may require all improvements and facilities to be completed before it approves the final plat. If improvements and facilities are not required to be completed by the Council before plat approval, the final plat may be accompanied by an agreement between the subdivider and the Council for completion of all required improvements and facilities. Performance of the contract shall be guaranteed by either a cash deposit, certified check, surety bond, or irrevocable bank letter of credit. The Council shall not require a bond duplicating any bond required by an other governmental agency.

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

(1)

Effect of Approval. Except as otherwise provided in this Section 1224.06, no vested rights shall accrue to the owner or developer of any subdivision by reason of preliminary or final plat approval until the actual signing of the final plat by the Clerk of the City.

(2)

Effect of Recordation. Except as otherwise provided in this Section 1224.06, no vested rights shall accrue to the owner or developer of any subdivision by virtue of the recordation of a final plat.

(3)

Applicable Laws. To obtain final plat approval, the applicant shall be in compliance with all federal and state laws applicable at the time that the final plat is considered for approval by the Council. The application shall also be in compliance with all local laws and regulations applicable at the time that the preliminary plat was submitted to the Council in accordance with Section 1224.03(9). If the Council required the applicant to complete public improvements in the subdivision prior to final plat approval, and the improvements have, in fact, been completed, the applicant may be required to comply with local laws and regulations in effect at the time that the final plat is considered for approval only if the Council makes a finding on the record that such compliance is necessary to prevent a substantial risk of injury to public health, safety and general welfare.

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

(1)

Signing of Plat.

(a)

When a subdivision improvement agreement and security are required, the City Clerk shall endorse approval on the final plat after the agreement and security have been approved by the Council, and all the conditions of the resolution pertaining to the final plat have been satisfied.

(b)

When installation of improvements is required prior to recordation of the final plat, the City Clerk shall endorse approval on the final plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the City as shown by a certificate signed by the applicant's engineer stating that the necessary dedication of public lands and improvements has been accomplished and providing gravel, sand, and bituminous compaction test results and water and sanitary sewer test results to the City Engineer.

(2)

Recordation of Plat.

(a)

The City Clerk will sign the reproducible mylar original of the final subdivision plat and two sepia prints of the final subdivision plat. The sepia prints will be returned to the applicant's engineer.

(b)

It shall be the responsibility of the City Clerk to file the final plat with the Ottawa County Plat Board Office within ten days of the date of signature. Simultaneously with the filing of the final plat, the City Clerk shall record the agreement of dedication together with such legal documents as shall be required to be recorded by the City Attorney.

(3)

Sectionalizing Subdivision Plats. Prior to granting final approval of a subdivision plat, the Council may permit the plat to be divided into two or more sections and may deem necessary to assure the orderly development of the plat. The Council may require that the subdivision improvement agreement and security be in such amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining amount of the security until the remaining sections of the plat are offered for filing. The developer may also file irrevocable offers to dedicate streets and public improvements in the sections offered to be filed and defer filing offers of dedication for the remaining sections until those sections, subject to any conditions imposed by the Council shall be granted concurrently with final approval of the plat. If sectionalizing is approved, the entire approved subdivision plat including all sections shall be filed within ninety days after the date of final approval with the City Clerk's Office and such sections as have been authorized by the Council shall be filed with the Ottawa County Plat Boards Office. Such sections must contain at least ten percent of the total number of lots contained in the approved plat. The approval of all remaining sections not filed with the Plat Board's Office shall automatically expire unless such sections have been approved for filing by the Council all fees paid, all instruments and offers of dedication submitted and subdivision improvement agreements, security and performance bonds, if any, approved and actually filed with the Plat Board's Office within three years of the date of final subdivision approval of the subdivision plat.

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

If the municipality suspends final plat approval for any subdivision plat under this ordinance, it shall record a document with the Ottawa County Plat Board's Office declaring that final approval for the subdivision is suspended and that the further sale, lease, or development of property within the subdivision is prohibited except that this prohibition shall not apply to persons or parties who have acquired property from the subdivider unless the person or party acquiring property meets the definition of "common ownership" in Section 1222.02(26). If any court of competent jurisdiction invalidates final plat approval for any subdivision the municipality shall record a document with the Ottawa County Plat Board's Office declaring that the final plat for the subdivision is no longer valid and that further subdivision activity is prohibited.

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