Article 1 and Article 2 of this Chapter may be known and cited as the "Subdivision Platting Ordinance."

(Ord. No. 69-85, 11-18-69; Ord. No. 2006-52, § 1, 7-25-06)

The City Commission as a condition to the approval of any proposed plat submitted for approval to it, as the governing body of the municipality, pursuant to Act 288 of the Michigan Public Acts of 1967, as amended, may require the installation and construction of all or any part of the following improvements, in the whole or any part of said plat: Curb and gutter, pavement, sidewalks, water-mains, and sanitary sewers and their laterals and services, storm water drains and drainage facilities, including on-site and off-site drainage and including adequate provision for surface and subsurface drainage, topsoil between sidewalk and curb, street trees, grading, street signs, street lights, crosswalks, and off-street parking facilities; and may include walkways or any other items normally considered public improvements.

(Ord. No. 69-85, 11-18-69)

Installation and construction of such improvements shall be performed under the direction of the City Engineer and in accordance with plans and specifications approved by him or her.

(Ord. No. 69-85, 11-18-69)

The City Commission may specify times within which the installation and construction of such improvements shall be completed.

(Ord. No. 69-85, 11-18-69)

The City Commission shall require that the proprietor of such proposed plat enter into a contract or contracts with the City concerning the installation and construction of such improvements in accordance with the State Subdivision Control Act, Act 288 of the Michigan Public Acts of 1967, as amended, and Section 5.342 of this Chapter.

(Ord. No. 69-85, 11-18-69)

All preliminary plats filed with the City Clerk pursuant to Section 5.330 hereof shall be forwarded by the City Clerk to the City Engineer and the City Planning Director for a review of the proposed layout and design and extent of public improvements for conformity to the Master Plan and the requirements of this Chapter. All preliminary and final plats shall be subject to review by the City Planning Commission prior to submission to the City Commission as hereinafter provided in this Chapter. The City Engineer and the City Planning Director may recommend additional rules and regulations pertaining to the implementation and administration of this Chapter, which regulations shall be subject to the approval of the City Commission and which regulations shall become effective upon publication in the official newspaper of the City. No person shall fail to comply with any such rules and regulations.

(Ord. No. 69-85, 11-18-69)

The purpose of this Chapter is to advise and instruct anyone desiring to subdivide or plat land within the City of Grand Rapids of the requirements of the City, and to supplement the appropriate utility and special and public improvements Ordinances, Chapter 61 (Zoning), the Master Plan, and the standard requirements and specifications for public improvements of the City so as to further and promote and protect in every possible way the public health, safety and welfare of the people within the City of Grand Rapids, by providing for the orderly development of land within the City of Grand Rapids.

(Ord. No. 69-85, 11-18-69)

The provisions of this Chapter shall apply within the corporate limits of the City of Grand Rapids and those lands outside the corporate limits owned by the City of Grand Rapids and such other lands outside the corporate limits of the City where the legislative body in which such lands are located officially agrees to accept the provisions of this Chapter.

(Ord. No. 69-85, 11-18-69)

In the interpretation of this Chapter, the following definitions shall apply:

(1)

The word "alley" as used herein shall mean a strip of land over which there is a right-of-way, public or private, on which no dwelling or other land uses front, serving as a rear entrance to one (1) or more properties.

(2)

The word "block" shall mean a tract of land bounded by actual or platted streets, waterways or other definite boundaries.

(3)

The word "City" shall mean the corporate City of Grand Rapids, Michigan, or any other City-owned property without said corporate limits.

(4)

The words "City Engineer" shall mean the City Engineer of the City of Grand Rapids, or his or her duly authorized representatives.

(5)

The word "Proprietor" shall mean the applicant or owner or owners of the land being platted or subdivided, or the sponsor or proprietor of any plat, or their agents or representatives appointed or selected to act legally in their behalf.

(6)

The words "dead end street" or "cul-de-sac" shall mean a street having one (1) terminus open for public vehicular or pedestrian access and the other terminated by a vehicular turnaround.

(7)

The word "easement" shall mean a grant by the property owner for the use of a strip or parcel of land by the public or by public utilities.

(8)

The word "improvements" shall mean any or all of the following: Curb and gutter, pavement, sidewalks, water mains and sanitary sewers and their laterals and services, storm water drains and drainage facilities, including on-site and off-site drainage and including adequate provision for surface and subsurface drainage, topsoil between sidewalk and curb, street trees, grading, street signs, street lights, crosswalks, and off-street parking facilities; and may include walkways or any other items normally considered public improvements.

(9)

The words "local street" shall mean a street, other than a major street, designated primarily to provide access to abutting properties, usually residential.

(10)

The words "marginal access street" shall mean minor streets which are generally parallel to and contiguous to major arterial streets and highways.

(11)

The words "Major Street" shall mean a street connecting district centers serving large volumes of through traffic, usually located outside of or bounding residential neighborhoods and so designated in the Major Street Plan.

(12)

The words "Major Street Plan" shall mean that part of the Master Plan relating to the major street System of the City, which has been adopted by the Planning Commission and approved by the City Commission and is on file in the Office of the Planning Director.

(13)

The words "Master Plan" shall mean that Master Plan, or any part or amendments thereof, adopted by the Planning Commission, which is on file in the Office of the Planning Director.

(14)

The words "Planning Commission" shall mean the City Planning Commission of the City of Grand Rapids.

(15)

The words "Planning Director" shall mean the Planning Director of the City of Grand Rapids or his or her duly authorized representative.

(16)

The words "Subdivision Control Act" shall mean Act 288, Michigan Public Acts of 1967, as amended.

(17)

The word "subdivided" shall have the same meaning as defined in the Subdivision Control Act.

(18)

The words "substandard right-of-way" shall mean any right-of-way which has a width less than the standard width established in the Master Street Plan, or standard widths required herein.

(19)

The words "location map" shall mean a map showing the location of the proposed subdivision in relation to the nearest existing streets to enable the Planning Director and the Planning Commission to properly identify said proposed subdivision with relation to existing and proposed, if known, streets, schools, parks, and other commercial sites.

(20)

The word "walkway" shall mean a walk to provide pedestrian access to schools, playgrounds, or other public community facilities.

(21)

The words "Chapter 61" shall mean Chapter 61 (Zoning Regulations) of this Code, as amended, or any new Zoning Ordinance which may be hereafter adopted by the City Commission of the City of Grand Rapids and shall include the Zoning Ordinances of any of the Townships or other municipalities as long as such ordinances are in effect within the City of Grand Rapids, all new ordinances relating to zoning restrictions and districts which may hereafter be adopted under the provisions of Act 207 of the Michigan Public Acts of 1921, as amended, and all past and future amendments to any of the ordinances mentioned in this Section.

(22)

The word "plat" shall mean the same as defined in Section 102(a) of Act 288 of the Michigan Public Acts of 1967.

(23)

The words "preliminary plat" shall mean the same as defined in Section 102(c) of Act 288 of the Michigan Public Acts of 1967.

(24)

The words "pre-preliminary plat" shall mean a map submitted to the Planning Director and City Engineer for informal review in accordance with Section 5.330 of this Chapter.

(Ord. No. 69-85, 11-18-69)

An application shall be submitted in triplicate to the City Clerk by the proprietor, together with six (6) copies of the preliminary plat and such other data as may be herein required for a complete review of the preliminary plat of any proposed subdivision. The proprietor may also submit such other preliminary land Development Plans made by qualified persons as may assist the representatives of the City to visualize the type and scope of the Development Planned.

The application shall contain the following information:

(1)

Identifying name for the subdivision.

(2)

Legal description of the property to be subdivided.

(3)

Proposed means of water supply.

(4)

Proposed method of sewage disposal.

(5)

Proposed method of on-site and off-site drainage.

(6)

Name and address of owner of record, and evidence of ownership.

(7)

Name and address of the proprietor.

(8)

Name and address of the surveyor.

(9)

Proposed site grading.

There shall be an examination fee of one hundred dollars ($100.00) plus one dollar ($1.00) for each lot within the proposed subdivision, plus such amounts as may be charged to the City of Grand Rapids pursuant to State statute by other governmental units in connection with the proposed subdivision, but not including twenty dollars ($20.00) recording fee which is to be collected as provided under Section 5.333(1) hereof, submitted with all preliminary plats, payable to the Treasurer of the City of Grand Rapids. No additional examination fee will be required on submittal of the final plat.

Prior to submission of the preliminary plat as above provided, the proprietor may submit a pre-preliminary plat on a topographic map to the City Planning Director and City Engineer for review of lot size, lot orientation, street layout, street width and overall compliance with the provisions of Chapter 61 (Zoning) and the Master Plan. This review shall not constitute any approval of the proposed preliminary plat, but shall serve primarily as guidance to the prospective proprietor. The City Planning Director and City Engineer shall respond to the proprietor within fifteen (15) days of the receipt of a pre-preliminary plat. Except for the informal review of the pre-preliminary plat as provided above, no preliminary plat shall be accepted for filling by the City Clerk nor otherwise considered or reviewed until the examination fee is paid.

(Ord. No. 69-85, 11-18-69)

The preliminary plat shall be drawn to a scale of not more than two hundred (200) feet to one (1) inch and may be an original drawing or reproduction, on unbacked paper. It shall show the name, location and position of the subdivision and the subdivision plan and layout in sufficient detail on a topographic map to enable a determination of whether the subdivision meets requirements for lots, streets, utilities and roads including drainage and flood plains. In addition it shall contain the following information:

(1)

Identifying name for the subdivision.

(2)

Legal description of the parcel.

(3)

Name and address of the proprietor.

(4)

Name, address and seal of the surveyor who prepared the plat.

(5)

Proposed division of the land.

(6)

Date, cardinal point and scale.

(7)

The boundary lines, accurate in scale, of the tract to be subdivided.

(8)

The location, widths and names of any existing streets which may affect the location of a proposed street, and the location of any existing easements and their purpose.

(9)

The location of all drains, drainage ditches, ravines, culverts and other natural or artificial drainage facilities.

(10)

The location, widths and names of proposed streets, parks, lots and walkways in the area proposed to be platted and which are proposed to be dedicated to the public use.

(11)

The location of all proposed easements and their purpose.

(12)

When only a portion of a tract owned by the proprietor is proposed to be subdivided, a general layout of the remaining area shall be shown if the City Planning Director and the City Engineer determine that a reasonable review cannot be made of the proposed plat without reference to the remaining unplatted area at the time of the submission of the application and preliminary plat.

(13)

A location map at a scale of one (1) inch equals four hundred (400) feet (1″ = 400′) relating the proposed subdivision to the existing streets in the surrounding area.

(Ord. No. 69-85, 11-18-69)

Preliminary plats shall be subject to both tentative and final approval by the Planning Commission and the City Commission, as follows:

(a)

Tentative Approval of Preliminary Plat:

1.

Preliminary plats shall be reviewed by the City Engineer and the City Planning Director who shall advise the City Planning Commission and the City Commission whether the proposed plat complies with the provisions of the Subdivision Control Act, the requirements of this Chapter, other applicable provisions of the City Code, and any other published rules and regulations adopted pursuant to this Chapter. The City Engineer shall coordinate the review of preliminary plats by the other various City Departments concerned therewith, including the City Planning Department, the City Traffic Engineer, the City Fire Department, and such other Departments as the City Commission may from time to time require to review such plats, and all reports and recommendations of such reviewing departments shall be made to the City Engineer and transmitted by him or her to the City Planning Commission and the City Commission together with his or her recommendations. The City Planning Commission shall review the proposed plat and shall forward to the City Commission its recommendations as to whether the plat should be approved or rejected, together with its reason for rejection in the event that rejection is recommended.

2.

If the preliminary plat meets the requirements as set forth in Section 5.332(a)(1) hereof, the City Commission shall tentatively approve the preliminary plat and shall direct the City Clerk to note such approval upon the copy of the preliminary plat to be returned to the proprietor. Tentative approval of the preliminary plat by the City Commission shall confer upon the proprietor for a period of one (1) year from the date of such approval, approval of lot sizes, lot orientation and street layout. Such one-year period may be extended if applied for by the proprietor in writing and granted by resolution of the City Commission. The five (5) remaining copies of the preliminary plat, as tentatively approved, which are retained by the City shall be distributed as follows: one (1) copy to the City Clerk, one (1) copy to the City Planning Director, and three (3) copies to the City Engineer.

3.

If the preliminary plat does not meet the requirements as set forth in Section 5.332(a)(1) hereof, the City Commission shall reject said plat and shall set forth in writing its reasons for rejection and a list of changes necessary to render such plat acceptable. A copy of such list and reasons shall be furnished to the proprietor.

4.

The City Commission shall take action either tentatively approving or rejecting the preliminary plat within ninety (90) days of the date that the preliminary plat was filed with the City Clerk under Section 5.331 hereof.

5.

In the event that there is some deviation from the provisions of the City Code, the preliminary plat shall then be referred by the Planning Commission to the City Commission, together with its recommendations as to whether hardship exists and whether such deviation would violate the spirit and intent of this Chapter, and the proprietor shall be so advised. The City Commission, in hardship cases, shall have the authority to allow deviations from the provisions of this Chapter in accordance with Section 5.343 of this Chapter.

6.

If the preliminary plat includes any land which, according to the Master Plan of the City, is required as sites for future schools, parks, playgrounds, or major streets, the Planning Commission shall not approve the preliminary plat. The Planning Director shall, within ten (10) days from the date the preliminary plat is filed, notify the appropriate public body. The appropriate public body shall have six (6) months from the date it is notified by the Planning Director to either make an agreement to purchase or to file a condemnation suit in the appropriate court. If the proprietor and the appropriate public body enter into an agreement of sale within said six (6) months, the Preliminary Plat shall be amended in accordance with the agreement. If no such agreement of sale has been made and the appropriate public body has not filed condemnation proceedings within said six (6) months, then the Planning Commission shall approve of the preliminary plat as submitted, except as other provisions of State law and this Code may require changes therein. If, however, condemnation proceedings have been commenced in court within said six (6) months, then the Planning Commission will delay action on the approval of said preliminary plat until the condemnation proceedings are completed.

(b)

Final Approval of Preliminary Plat. In order to obtain final approval of a preliminary plat, the proprietor, after having obtained tentative approval of the preliminary plat by the City Commission as provided in Section 5.332(a) hereof, shall:

1.

Submit a preliminary plat to all authorities required by Sections 111 to 119 of Act 288 of the Michigan Public Acts of 1967.

2.

Submit to the City Clerk a list of all such authorities certifying that such list shows all authorities as required by Sections 111 to 119.

3.

Submit to the City Clerk all approved copies of the preliminary plat after all of the necessary approvals have been secured.

Upon receipt of all of the necessary approved copies of the preliminary plat the City Clerk shall forward the same to the City Engineer and the City Planning Director for their review. The City Engineer and the City Planning Director shall advise the City Planning Commission and the City Commission whether such preliminary plat meets all of the conditions for approval set forth in the tentative approval of the preliminary plat by the City Commission. If all such conditions have been met, the City Commission shall grant final approval of the preliminary plat. The City Commission shall take action either granting final approval or rejecting the preliminary plat within twenty (20) days of its submission to the City Clerk. The City Commission shall instruct the City Clerk to notify the proprietor of approval or rejection in writing, and if rejected, to give reasons. All proceedings hereunder shall be noted by the City Clerk in the minutes of the meeting and shall be open for inspection. Final approval of the preliminary plat under this Section shall confer upon the proprietor for a period of two (2) years from the date of approval, the conditional right that the general terms and conditions under which preliminary approval was granted will not be changed. The two-year period may be extended if applied for by the proprietor and granted by the City Commission in writing. If such an extension is granted, the City Commission shall direct the City Clerk to send written notice of such extension to the other approving authorities as listed on the list submitted by the proprietor pursuant to Section 5.332(a)(2) hereof.

(Ord. No. 69-85, 11-18-69)

(1)

After obtaining final approval of the preliminary plat by the City Commission as provided in Section 5.332(b) hereof, the proprietor shall cause a survey and five (5) true plats thereof to be made by a Surveyor. Said final plat shall conform to the requirements of the Subdivision Control Act and of this Chapter. The proprietor shall submit to the City Clerk five (5) true copies of said final plat, or six (6) true copies if the proprietor requests an additional copy to be returned to him or her, together with a check in the amount of twenty dollars ($20.00) payable to the Kent County Treasurer for the filing and recording fee pursuant to Section 241(1) of Act 288 of 1967. The proprietor may, at his or her option, submit one (1) reproducible copy of the final plat in accordance with the provisions of Rule 104(4) promulgated by the Michigan Department of Treasury in lieu of the number of copies required above. Prior to submitting the final plat to the City Clerk, the proprietor shall submit the final plat to the Kent County Drain Commissioner and/or the Board of County Road Commissioners of Kent County for their approval, if such approval is required by the Subdivision Control Act. A final plat shall not be accepted by the City Clerk after the date of expiration of the preliminary plat approval and any extensions thereof, as provided under Section 5.332(b) hereof.

(2)

All improvements in the development of the subdivision shall conform to the standards and requirements of the City of Grand Rapids as may be set forth in the City Code, the current Standard Construction Specifications of the City, published rules and regulations adopted hereunder or the provisions of this Chapter. Plans and specifications for public improvements provided by the proprietor at his or her own expense, shall be prepared by a Registered Professional Civil Engineer and shall bear the countersignature of the City Engineer, or his or her duly appointed representative. Provided, however, Plans and specifications for public improvements in whole or in part to be provided by use of public funds shall be prepared by or under the direction of and subject to the approval of the City Engineer.

(Ord. No. 69-85, 11-18-69)

(1)

Proof of title. Prior to the approval of any final plat by the City Commission, the City Commission shall require the proprietor of the proposed plat to furnish to the City an abstract of title certified to date, or at the option of the proprietor a policy of title insurance, for examination by the City Attorney in order that the City may ascertain whether the proper parties have signed the plat. The City Commission may accept, in lieu of an abstract of title, an attorney's opinion based on the abstract as to the ownership and marketability of title to the land.

(2)

Approval. The City Commission shall examine the record or final plat for compliance with the preliminary plat and required changes thereof, and if the plat complies with the preliminary plat and the requirements of Section 5.335 and the improvements have been provided for to the satisfaction of the City Commission, the City Planning Commission and the City Commission shall approve the plat and shall instruct the City Clerk to certify on the plat such approval, showing the date thereof, within twenty (20) days after submission thereof to the City Clerk.

(3)

Rejection. If, after examination of the record or final plat, the City Commission determines that the plat does not conform to the Subdivision Control Act, as amended, or with the provisions of this Chapter or any other provisions of the City Code, the City Commission shall reject the plat. The City Commission shall approve or reject the plat within twenty (20) days after it has been filed with the City Clerk. If a plat is rejected by the City Commission, written notice of the rejection and its reason therefor shall be given to the proprietor within such twenty-day period. The City Commission shall instruct the City Clerk to record all proceedings in the minutes of the meeting, which shall be open for inspection.

(4)

After a final plat has been approved by the City Commission and certified by the City Clerk, the City Clerk shall promptly forward all copies of the plat to the Clerk of the Kent County Plat Board, together with twenty dollars ($20.00) filing and recording fee deposited by the proprietor pursuant to Section 5.333(1) hereof.

(5)

The City Commission may waive the placing of any of the required monuments or markers for a reasonable time, not to exceed one (1) year, on condition that the proprietor deposits with the City Clerk cash or a certified check, or irrevocable bank letter of credit running to the City of Grand Rapids, whichever the proprietor selects, in the amount of fifty dollars ($50.00) per monument and not less than two hundred dollars ($200.00) in total, except that lot corner markers shall be at the rate of twenty dollars ($20.00) per marker. Such cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified. If the proprietor defaults, the City Commission shall promptly require a Surveyor to locate the monuments and markers in the ground as certified on the plat, at a cost not to exceed the amount of the security deposited and shall pay the Surveyor.

(Ord. No. 69-85, 11-18-69)

No subdivision or plat shall be approved unless the same is in conformance with the statutes of the State of Michigan, the City Code, the City Master Plan, and the requirements of this Chapter.

(Ord. No. 69-85, 11-18-69)

(1)

Major Streets. Major Streets shall conform to the Major Street Plan.

(2)

Relation to Adjoining Street System. Provisions shall be made for the continuation and extension of existing streets in adjoining or adjacent subdivisions unless a variation therefrom is approved by the Planning Commission.

(3)

Access to Property. To provide adequate means for fire protection, every subdivision shall have a dedicated public right-of-way with adequate public access.

(4)

Street Intersections. Streets shall intersect one (1) another at right angles or as nearly at right angles as conditions permit. Wherever more than two (2) streets would converge at one (1) point, an appropriate design solution must be presented.

(5)

Dead End Streets (Cul-de-sacs). Every permanently dead end street shall have a circular terminal area with a minimum right-of-way diameter of one hundred (100) feet. Such dead end streets shall not exceed seven hundred (700) feet in length.

(6)

Streets in Relation to Railroads. Whenever a subdivision is adjacent to a railroad right-of-way, there shall be a street which is parallel to the railroad so as to restrict the number of grade crossings.

(7)

Street Widths. The minimum width for all local and dead end streets shall be sixty (60) feet. The width for major streets shall conform to the width designated on the Major Street Plan, but the subdivider shall only be required to dedicate at his or her expense not more than one hundred (100) feet in width of right-of-way unless the connecting street is of greater width, in which case he or she shall be required to provide the greater width.

(8)

Street Grades. Profiles shall be required on all streets. The minimum grade shall be four-tenths (0.4) of one percent for concrete surfaces and five-tenths (0.5) of one percent for all other surfaces. The maximum grade shall be six (6) percent on major streets and seven (7) percent on local streets.

(9)

Access to Streets Across Ditches. When a proposed street crosses a watercourse or ditch, the manner of crossing shall be subject to the approval of the City Commission.

(10)

Substandard Rights-of-Way. Wherever there exists adjacent to the tract to be subdivided, a dedicated or platted substandard street right-of-way, additional width shall be platted to bring the street right-of-way up to the standards established in the Master Plan, provided that the subdivider shall not be required to dedicate at his or her expense more than sixty (60) feet to bring the substandard street right-of-way up to the standards established in the Master Plan.

(11)

Pavement Specifications. The minimum width of an improved roadway shall be thirty (30) feet measured from face to face of curb. The minimum pavement thickness of an improved roadway shall be eight (8) inches of compacted gravel and two (2) inches of hot-mix bituminous concrete or equivalent.

(Ord. No. 69-85, 11-18-69)

Cross reference— Streets generally, Ch. 51.

All proposed streets which, if extended in either direction, would align or nearly align with another already existing and named, must bear the same name. New street names shall not duplicate existing street names. Duplication of proposed subdivision names of those already existing in Kent County will not be permitted.

(Ord. No. 69-85, 11-18-69)

Cross reference— Streets, Chapter 51, Article 5, naming streets, Section 4.25.

Alleys will not be permitted in residential plats.

(Ord. No. 69-85, 11-18-69)

Where a plat abuts or contains an existing or proposed major thoroughfare or arterial street, the City Commission may require marginal access streets adjacent to such major thoroughfares where such lots front on such major streets.

(Ord. No. 69-85, 11-18-69)

Residential blocks shall be no more than one thousand three hundred twenty (1,320) feet long, nor less than two hundred (200) feet in width. Where blocks are more than eight hundred (800) feet long, a ten-foot pedestrian sidewalk easement may be required by the City Commission upon recommendation by the Planning Commission, for access to adjacent schools, streets, parks or other public facilities.

(Ord. No. 69-85, 11-18-69)

(1)

Size of Lots. Lots classified as residential shall conform in width and area to Chapter 61 (Zoning Regulations).

(2)

Lots with Double Frontage. No double frontage lots shall be permitted except where essential to provide separation of residential development from traffic arteries or to overcome disadvantages due to topography.

(3)

Side Lot Lines. Side lot lines, where practicable, shall be approximately at right angles to the right-of-way of the street on which the lot abuts.

(4)

Corner Lots. Corner lots shall have extra width sufficient to permit compliance with the setback requirements of Chapter 61 on both rights-of-way.

(Ord. No. 69-85, 11-18-69)

The proprietor of any plat shall provide for the installation and construction of such improvements as required by the City Commission, in either one (1) of several methods, as follows:

(1)

Improvements of Streets and Public Places. By entering into a contract or contracts with the City for the installation and construction of streets and/or public places by the City at his or her own cost and expense. The City shall require of the proprietor a cash deposit, certified check, irrevocable bank letter of credit, or surety bond, whichever the proprietor elects, running to the City to insure completion within the time specified in the contract, and the performance of any contract relation with the City relative to improvement of streets and public places.

(2)

Sanitary Sewer and Water Facilities. By entering into a contract or contracts with the City for the installation or construction of sanitary sewers and/or water facilities at his or her own cost and expense. The City shall require either a cash deposit, certified check, irrevocable bank letter of credit, or surety bond, whichever the proprietor elects, running to the City for the full cost of any required public sanitary sewer and water facilities to insure the installation of such required public sanitary sewer and water facilities, within the time specified within the contract.

(3)

By filing a petition requesting that the public improvement be provided under the terms of Chapter 10 of the City Code, after which, the City shall hold a public hearing and consider the merits of the public improvement petition. Proceedings hereunder shall conform as near as practical to the provisions of Chapter 10 of the City Code; provided, however, that no assessment roll for any such improvement shall be confirmed by the City Commission until after final approval of the preliminary plat shall have been obtained by the proprietor pursuant to Section 5.332(b) hereof.

(4)

Rebates. The City shall rebate to the proprietor, as the work progresses, amounts of any cash deposits equal to the ratio of the work completed to the entire project.

(5)

Major Streets. In the case of improvements on major streets, the City may elect to pay all or any portion of costs in excess of the normal cost of a local residential street improvement project.

(Ord. No. 69-85, 11-18-69)

(1)

If the proprietor can clearly demonstrate that literal enforcement of the terms of this Chapter is impractical, or will impose undue hardship in the use of his or her land because of peculiar conditions pertaining to his or her land, the City Commission, after a public hearing on the matter at a regular or special City Commission meeting may permit such variance or variances as in its sound discretion it believes to be reasonable and within the general purposes and policy of this Chapter. Provided, that nothing herein shall be construed as to permit the City Commission to alter or vary the provisions of the State Subdivision Control Act, as amended, or any other State Statute.

(2)

In making the findings required below, the City Commission shall consider, among other things, the location and condition of the proposed subdivision, the nature of the proposed variance as compared with the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision and variance on traffic conditions in the vicinity.

(3)

No variance shall be granted unless the City Commission finds that:

(a)

There are special circumstances or conditions affecting said property such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of his or her land, and

(b)

The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, and

(c)

The granting of the variance will not be detrimental to the public welfare or be injurious to property in the area in which said property is situated.

(Ord. No. 69-85, 11-18-69)

A petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed with the City Clerk pursuant to Section 5.330 hereof. The petition shall fully state the grounds for the application and all of the facts relied upon by the petitioner.

(Ord. No. 69-85, 11-18-69)

Compliance with this Chapter shall be prerequisite to the approval of any plat or subdivision, except insofar as this Chapter may be in conflict with any applicable State statute or any applicable provisions of the City Charter or the Master Plan.

(Ord. No. 69-85, 11-18-69)

This Article shall be known and cited as the "Land Division Ordinance."

(Ord. No. 2006-52, § 2, 7-25-06)

A.

The purpose of this Article is to implement the provisions of the Michigan Land Division Act (1967 PA 288, as amended, formerly known as the Subdivision Control Act) ("Act"), to prevent the creation of parcels of property and access easements which do not comply with applicable ordinances, zoning regulations and said Act, to minimize potential boundary disputes, to monitor the creation of new parcels and easements, to prevent illegal land divisions and to ensure that newly-created parcels are not landlocked, to prevent the creation of unusable lots due to noncompliance with the City of Grand Rapids Zoning Ordinance or other ordinances, to assure orderly development of the community, and to otherwise provide for the health, safety and welfare of the residents and property owners of City of Grand Rapids by establishing reasonable standards for prior review and approval of land divisions within City of Grand Rapids ("City").

B.

Approval of any land division pursuant to this Article shall not provide, constitute, infer or imply use or zoning approval of any such division or resulting parcels or assure or imply a parcel is buildable. Such use of land must still comply with the City Zoning Ordinance and any other applicable ordinances, laws or regulations, and it remains the responsibility of the property owner to ensure such compliance.

C.

It is not intended by this Article to repeal, abrogate, annul, or in any other way impair or interfere with provisions of the City Zoning Ordinance or of other laws or ordinances (except as otherwise expressly stated in Section 12 hereof) or of any private restrictions placed upon property by covenant, deed, or other private agreement; provided, however, that where any provision of this Ordinance imposes more stringent requirements, regulations, restrictions, or limitations upon the division or use of land, easements or buildings than are imposed or required by the provisions of any restrictions or any other law or ordinance, or any of said rules, regulations or permits, then the provisions of this Ordinance shall govern.

(Ord. No. 2006-52, § 2, 7-25-06)

For purposes of this Article, certain terms and words used herein shall have the following meaning:

A.

"Act" means Public Act No. 288 of 1967, as amended, being the Michigan Land Division Act. (MCLA 560.101 et seq.)

B.

"Applicant" means a natural person, firm, association, partnership, corporation, estate, entity, governmental unit, or combination of any of them which holds an ownership interest in land whether recorded or not.

C.

"County" means Kent County, Michigan.

D.

"Division" means the partitioning or splitting 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 (1) year, or of building development that results in one (1) or more parcels of less than forty (40) acres or the equivalent, and that satisfies the requirements of sections 108 and 109.

E.

"Transfer" means the conveyance of property between two (2) or more adjacent parcels, if the property taken from one (1) parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of this Act or the requirements of an applicable or local ordinance.

F.

"Exempt split" means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns that does not result in one (1) or more parcels of less than forty (40) acres or the equivalent. For a property transfer between two (2) or more adjacent parcels, if the property taken from one (1) parcel is added to an adjacent parcel, any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of this act or the requirements of any applicable city ordinances.

G.

"Parent Parcel" or "Parent Tract" means a parcel or tract, respectively, lawfully in existence on March 31, 1997.

H.

"City" means the City of Grand Rapids, Kent County, Michigan.

I.

The definitions of the Act, as amended, are hereby incorporated by reference and are made a part of this Article.

J.

For purposes of Section 109(1)(c) of the Act, the word "width" shall mean the width and frontage requirements of the City Zoning Ordinance.

K.

For purposes of Section 109(1)(d) of the Act, the word "area" shall mean any size, dimension, or space requirement of the City Zoning Ordinance.

(Ord. No. 2006-52, § 2, 7-25-06)

Land in the City shall not be divided or transferred without the prior review and approval of the City Assessor (or designee) in accordance with this Article and the Act, except that a parcel proposed for subdivision through a recorded plat pursuant to Article I and Article II of Chapter 64 and condominium developments shall be exempted from this requirement.

(Ord. No. 2006-52, § 2, 7-25-06)

1.

An applicant shall file all of the following with the City Assessor (or designee) for review and approval of a proposed land division before making any division:

A.

A completed City application form, together with all required supported materials.

B.

Signature on the application by the fee title owner of the property.

C.

A survey map of the land proposed to be divided, showing the dimensions and legal descriptions of the existing parcel, the parcels proposed to be created by the division(s) (including "remnant" parcels or those to be retained by the owner) and any easements, the location of all existing structures and other land improvements, including the location of any well or septic systems on the lot, and the accessibility of the parcels for vehicular traffic and utilities from existing public/private roads. The City may waive the survey requirement for good cause shown if adequate and accurate legal descriptions are demonstrated by the materials submitted by the applicant, and additionally, such materials are sufficient to show that all of the requirements of the ordinance and the Act have been met. In the event that the City waives the survey requirement, a map drawn to scale that includes the items as stated above in item 5.C is required. Said map shall include the name and signature of the preparer and the date prepared.

D.

Proof that all standards of the Act, this Article and other applicable ordinances and laws have been met.

E.

The City may require that the applicant provide a title search from a title insurance company if it is reasonably necessary to show that previous land divisions do not preclude the proposed land division(s) or that there are no deed restrictions which would render a proposed parcel "not buildable."

F.

Proof that all due and payable property taxes and installments of special assessments and charges in lieu of special assessments pertaining to all of the involved parcels are paid in full.

G.

Unless a division creates a parcel which is acknowledged and declared to be "not buildable" under Section 8 [Section 5.353] of this Article, all divisions shall result in "buildable" parcels containing sufficient "buildable" area outside of non-developable land area, as defined by the City Subdivision Ordinance, and with sufficient area to comply with all required setback provisions, minimum floor areas, off-street parking spaces, on-site sewage disposal and water well locations (where public water and sewer service is not available), and maximum allowed area coverage of buildings and structures on the site.

H.

The full fee in an amount as may from time to time be established by resolution of the City Commission for land division and transfer reviews pursuant to this Article to cover the costs of review of the application and administration of this Article.

2.

An applicant shall file all of the following with the City Assessor (or designee) for review and approval of a proposed land transfer, before conveying property between two (2) or more adjacent parcels:

A.

A completed City application form, together with all required supporting materials.

B.

Signature on the application by the fee title owner of the property.

C.

A survey map of the land proposed to be transferred, showing the dimensions and legal descriptions of the existing parcel, the parcels proposed to be created by the transfer(s) (including "remnant" parcels or those to be retained by the owner) and any easements, the location of all existing structures and other land improvements, including the location of any well or septic systems on the lot, and the accessibility of the parcels for vehicular traffic and utilities from existing public/private roads.

The City may waive the survey requirement for good cause shown if adequate and accurate legal descriptions are demonstrated by the materials submitted by the applicant, and additionally, such materials are sufficient to show that all of the requirements of the Article and the Act have been met. In the event that the City waives the survey requirement, a map drawn to scale that includes the items as stated above in item 5.C is required. Said map shall include the name and signature of the preparer and the date prepared.

D.

Proof that all standards of the Act, this Article and other applicable ordinances and laws have been met.

E.

The City may require that the applicant provide a title search from a title insurance company if it is reasonably necessary to show that previous land divisions or transfers do not preclude the proposed transfer(s) or that there are no deed restrictions which would render a proposed parcel "not buildable".

F.

Proof that all due and payable property taxes and installments of special assessments and charges in lieu of special assessments pertaining to all of the involved parcels are paid in full.

G.

Unless a transfer creates a parcel which is acknowledged and declared to be "not buildable" under Section 8 [Section 5.353] of this Article, all transfers shall result in "buildable" parcels containing sufficient "buildable" area outside of non-developable land area, as defined by the City Subdivision Ordinance, and with sufficient area to comply with all required setback provisions, minimum floor areas, off-street parking spaces, on-site sewage disposal and water well locations (where public water and sewer service is not available), and maximum allowed area coverage of buildings and structures on the site.

H.

The full fee in an amount as may from time to time be established by the City Manager for land division and transfer reviews pursuant to this Article to cover the costs of review of the application and administration of this Article.

(Ord. No. 2006-52, § 2, 7-25-06)

A.

Upon receipt of a complete land division application package or transfer application from an applicant, the City Assessor (or designee) shall (i) approve, (ii) approve with reasonable conditions to assure compliance with applicable ordinances and the protection of public health, safety and welfare, or (iii) disapprove the land division or transfer applied for within forty-five (45) days after receipt of the application conforming to this Article's requirements (including any and all required zoning and private street approvals) and shall promptly notify the applicant in writing of the decision(s) and the reasons for any denial.

If the application does not conform to these Article requirements and the Act, the City Assessor (or designee) shall return the same to the applicant for completion in accordance with this Article and the Act.

B.

Land division approvals shall be valid only for a period of one hundred twenty (120) days from the date of approval by the City. If the deeds or land contracts for such lots proposed by the land division are not properly recorded and accepted by the County Register of Deeds, and/or a proper survey by a registered surveyor which includes the legal description of the approved parcel(s) is not filed with and accepted by the City Assessor within this time period, the land division approval shall be considered null and void and a new application must thereafter be submitted. If an amendment to the City Zoning Ordinance or other City ordinance becomes effective prior to the land division being recorded and the amendment applies to any of the resulting parcels in a way which would make the proposed lot or lots violate the City Zoning Ordinance or other City Ordinance, the land division approval shall be null and void even if the one hundred twenty (120) day time limit has not expired. Land transfer approvals shall be valid for a period of one (1) year.

C.

The City Assessor (or designee) shall maintain an official record of all land division and transfer applications, including denied, approved, unrecorded and accomplished land divisions and transfer.

D.

If the land division involves the use or creation of a private street, approval of the private street must be obtained from the City in accordance with all applicable City regulations prior to the approval of the land division.

(Ord. No. 2006-52, § 2, 7-25-06)

1.

A proposed land division shall be approved only if all of the following criteria are met:

A.

All of the parcels to be created by the proposed land division(s) must fully comply with the applicable lot (parcel) width, access, setback, and area requirements of the City Zoning Ordinance, other applicable City Ordinances and any deed restrictions concerning the number, size, or location of structures allowed on the parcel(s).

B.

The ratio of depth to width of any parcel created by a land division (including a remnant parcel) shall not exceed 4:1 unless otherwise provided by the City Zoning Ordinance.

C.

If the land division involves the use of a new curb cut to a public street or road, the applicant must submit evidence of review and approval of the curb cut location by the City Traffic Safety Department.

D.

The City may require such additional conditions and safeguards as are deemed necessary to ensure compliance with the requirements of this Article.

E.

No land division shall be approved until all ad valorem property taxes due and owing on the original parcel have been paid in full to the City and/or County, and all special assessments and charges in lieu of special assessments, due and owing against the original parcel have been paid to the City in full.

2.

A proposed land transfer shall be approved only if all of the following criteria are met:

A.

All of the parcels to be created by the proposed transfer(s) must fully comply with the applicable lot (parcel) width, access, setback, and area requirements of the City Zoning Ordinance, other applicable City ordinances and any deed restrictions concerning the number, size, or location of structures allowed on the parcel(s).

B.

The ratio of depth to width of any parcel created by a transfer (including a remnant parcel) shall not exceed 4:1 unless otherwise provided by the City Zoning Ordinance.

C.

If the transfer involves the use of a new curb cut to a public street or road, the applicant must submit evidence of review and approval of the curb cut location by the City Traffic Safety Department.

D.

The City may require such additional conditions and safeguards as are deemed necessary to ensure compliance with the requirements of this Article.

E.

No transfer shall be approved until all ad valorem property taxes due and owing on the original parcel have been paid in full to the City and/or County, and all special assessments and charges in lieu of special assessments, due and owing against the original parcel have been paid to the City in full.

(Ord. No. 2006-52, § 2, 7-25-06)

Notwithstanding disqualification from approval pursuant to this Article, a proposed land division or transfer which does not fully comply with the applicable lot, setback, accessibility and area requirements of the City Zoning Ordinance or this Article may be approved where the applicant executes and records a permanent deed restriction with the Kent County Register of Deeds, in a form acceptable to the City, designating the parcel as "not buildable" and also not usable for anything other than passive uses, which restrictions shall be enforceable by the City. Any such parcel shall also be designated as "not buildable" in the City records, and shall not thereafter be the subject of a request to the Zoning Board of Appeals for variance relief from the applicable lot and/or area requirements, and shall not be used except for passive uses.

(Ord. No. 2006-52, § 2, 7-25-06)

Any parcel created in violation of or noncompliance with this Article shall not be eligible for any building permit or zoning approvals. Furthermore, the Planning Director or his/her designee shall record an affidavit with the Kent County Register of Deeds designating the parcel as "non-buildable" and not usable for anything other than passive use.

(Ord. No. 2006-52, § 2, 7-25-06)

Any person, firm, corporation, trust, governmental unit, partnership or other legal entity which violates or refuses to comply with any provision of this Article or knowingly provides false information on an application for approval of a land division or transfer shall be subject to the municipal civil infraction provisions of Chapter 170 of the City Code. Any person who violates any of the provisions of this Article shall also be subject to a civil action seeking invalidation of the land division and appropriate injunctive or other relief.

(Ord. No. 2006-52, § 2, 7-25-06)

The provisions of this Article are hereby declared to be severable and if any clause, sentence, word, section or provision is declared void or unenforceable for any reason by any court of competent jurisdiction, it shall not affect any portion of this Article other than said part or portion thereof.

(Ord. No. 2006-52, § 2, 7-25-06)