The purpose of this article is to regulate and control the division of land within the township in order to promote the public safety, health and general welfare.

Every person, firm or corporation who shall hereafter submit a proposed preliminary plat or condominium plan under Public Act No. 288 of 1967 (MCL 560.101 et seq.) and Public Act No. 59 of 1978 (MCL 559.101 et seq.), to the planning commission and township board for tentative approval, shall submit not less than ten legible copies of said proposed preliminary plat or plan. Said copies must contain, as a minimum, the following information and fees:

(1)

Show relief of area proposed to be platted or divided with not more than two-foot contour intervals.

(2)

Indicate road layout.

(3)

Indicate lot layout, showing size and shape of proposed lots with square feet calculations.

(4)

Indicate whether the proposed plat or plan will be served by a public sewer system or water supply system.

(5)

Indicate the general location and size of any floodplain possibly located within the area to be platted or divided.

(6)

Indicate specifically the methods and design of proposed stormwater disposal. The township encourages incorporating low impact design techniques, please refer to the township technical reference design manual if available.

(7)

When the proprietor owns or plans to acquire and anticipates platting or dividing land, he shall submit, with preliminary plat or plan for tentative approval, a tentative plan showing the feasibility of the development of such adjoining land.

(8)

Title documents, to be provided by proprietor.

(9)

A fee, if established by the township board to cover the cost of review.

(10)

The name, address, email address and telephone number of:

a.

All persons, firms or corporations with an ownership interest in the land on which the plat or condominium project will be located together with a description of the nature of each entity's interest (for example, fee owner, optionee or land contract vendee).

b.

All engineers, attorneys, architects or registered land surveyors associated with the plat or plan.

c.

The developer or proprietor of the plat or condominium project.

(11)

The legal description of the land on which the plat or condominium project will be developed together with appropriate tax identification numbers.

(12)

The acreage content of the land on which the plat or condominium project will be developed.

(13)

The intended use for the project (for example, residential, commercial, industrial, etc.).

(14)

Approximate number of lots or condominium units to be developed on the subject parcel.

(15)

All additional information as listed on the site plan review checklist.

Upon receipt of copies of said proposed plat or condominium plan under this article for tentative approval, the planning commission shall forward one copy each to the county planning commission, local soil conservation district and the county road department and/or state department of transportation, where applicable, for recommendation. The planning commission shall hold a public hearing for the purpose of allowing public comments relative to the plat or plan. Notice of the hearing shall be given as prescribed in section 38-837. The planning commission shall examine the proposed preliminary plat or condominium plan with assistance and review by an engineer or attorney if required and approved by the township supervisor. The township board, upon recommendation by the planning commission, shall determine whether the proposed preliminary plat or condominium plan complies with all township ordinances as well as makes adequate provision of the following:

(1)

Streets.

a.

Compliance with the county road department standards.

b.

The arrangement of streets shall provide for a continuation of existing streets from adjoining areas into the proposed plat or condominium plan.

c.

Where adjoining areas are not subdivided, the arrangement of streets in the proposed plat or condominium plan shall be extended to the boundary line of the tract to make provision for the future projection of streets into adjoining areas; provided, however, that minor streets within the plat or plan shall be so laid out that their use by through traffic will be discouraged.

d.

Where the proposed plat or condominium plan abuts or contains a county primary road and major thoroughfare as defined by the county road department, the planning commission and township board may require marginal access streets approximately parallel to the right-of-way of the primary road or major thoroughfare and may require such other treatment as is deemed necessary for the adequate protection of residential properties and to afford separation of through and local traffic.

e.

Street names should be unique. Commonly used names such as Oak Street, Pine Street, Elm Street, etc., should be avoided to eliminate confusion. Road names are to be approved by the county road department.

f.

All rights-of-way within or abutting such plats or condominium plans shall not be less than 66 feet in width. Permanent dead-end streets in excess of 660 feet in length shall be prohibited. Exceptions may be recommended by the planning commission and may be granted by the township board only where the topography of the area, rivers, streams, other natural conditions or the prior development of the area prevents a through street from being constructed.

g.

A plat or condominium plan or extension of an existing plat or condominium plan or extension of an existing development creating a total of 50 or more lots must be developed so as to provide two or more access streets.

(2)

Lots.

a.

All lots must comply with the area, width and setback provisions for the district in which the plat or condominium plan is proposed.

b.

Corner lots generally should have extra width to permit appropriate building setback from both streets.

(3)

General provisions.

a.

Privately held reserve strips controlling access to streets shall be prohibited.

b.

Existing natural features which add value to residential development, that enhance the attractiveness of the community such as streams, watercourses, historic spots and similar irreplaceable assets should be preserved insofar as possible in the design of the developments.

c.

Lands unsuitable for building or otherwise determined to be unsuitable for development by the planning commission and township board should not be divided for residential, commercial or industrial purposes. Such lands within a plat or condominium plan may be set aside for other purposes such as parks, open space or common elements.

d.

The planning commission shall review maps of existing and/or proposed electrical or gas utility easements, on record with the township, which are within 500 feet of the boundary of the proposed plat or plan.

e.

Elevation contours shall not be altered more than two feet as shown on the preliminary plan for any building site unless a licensed professional engineer certifies that the elevation change will not adversely affect the drainage plan for the plat or condominium plan. All roads and drainage infrastructure shall be built in accordance with the county road and the county water resources commissioner and must be approved by a licensed professional engineer bearing their stamp and registration number.

f.

If the planning commission and township board determine that the proposed plat complies with all applicable ordinances and statutes and the provisions set forth above, tentative approval of the preliminary plat shall be granted. Such approval shall be valid for a period of one year from the date of approval.

g.

If the planning commission and township board determine that the site condominium plan as submitted complies with all applicable ordinances and statutes and provisions set forth in section 38-578, final plan approval shall be granted by the township board, subject to the following:

1.

Submission for review to the county board of road commissioners, the county planning director, the county drain commissioner and the county health department.

2.

Copy of review recommendations with approval/non-approval from the named county offices.

3.

Copy of the master deed.

4.

A copy of the restrictive covenants, if any.

5.

A reproducible as-built drawing at a scale of one-inch equals 200 feet or less for township use.

6.

Compliance with section 38-579.

7.

Compliance with section 38-580.

Every person, firm or corporation shall submit ten copies of a proposed preliminary plat to the planning commission and township board for final approval. The submittal shall include the following relevant data:

(1)

Evidence that all requirements imposed by the planning commission or township board at the time of granting tentative preliminary approval have been incorporated into the proposed plan.

(2)

Evidence that all governmental reviewing bodies have granted tentative preliminary approval.

(3)

Detailed working drawings showing grades, drainage structures, proposed utilities and road construction plans for public and/or private roads within and adjoining said plat. Prior to submitting copies of the preliminary plat of the planning commission and township board for final approval, the developer shall document consultation with all public utilities which will be servicing the subdivision to resolve any conflicts in location between public utility facilities and other improvements.

(4)

A copy of the restrictive covenants.

(5)

Drawing showing monuments as outlined in this subsection:

a.

Monuments shall be located in the ground and made according to the following requirement, but it is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the plat or plan, if the angle points can be readily reestablished by reference to monuments along the sidelines of the streets.

b.

All monuments used shall be made of solid iron or steel bars at least one-half inch in diameter and 36 inches long and completely encased in concrete at least four inches in diameter.

c.

Monuments shall be located in the ground at all angles in the boundaries of the plat or plan at all intersection lines of streets, at the intersection of the lines of streets, at the intersection of alleys with the boundaries of the plat or plan; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in all side lines of streets and alleys; at all angles of an intermediate traverse line and at intersections with elements and all common elements, if applicable.

d.

If the required location of a monument is an inaccessible place, or where the location of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby and the precise location thereof be clearly indicated on the plans and referenced to the true point.

e.

If a point required to be monumented is on a bedrock outcropping, a steel rod, at least one-half inch in diameter, shall be drilled and grouted into solid rock to a depth of at least eight inches.

f.

All required monuments shall be placed flush with the ground where practical.

g.

All unit corners shall be monumented in the field by iron or steel bars or iron pipes at least 18 inches long and one-half inch in diameter, or other approved markers.

h.

The township board may waive the placing of any of the required monuments and markers, not required by law, for a reasonable time, not to exceed one year, on the condition that the proprietor deposits with the township treasurer, cash or a certified check, or irrevocable bank letter of credit running to the township, whichever the township selects, in an amount set by the township board. Such cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a professional licensed surveyor that the monuments and markers have been placed as required within the time specified.

Upon receipt of all required copies of the preliminary plat for final approval under this article, the planning commission and the township board shall examine the preliminary plat with such assistance and review by an engineer or attorney if required and approved by the township supervisor. If the fee for this service exceeds the amount collected under section 38-577, the additional actual costs shall be paid by the proprietor. Upon completing its review, the planning commission and the township board shall determine whether the proposed preliminary plat complies with the requirements imposed by the township at the time of tentative approval; has obtained the required statutory approval of other governmental agencies; and meets any or all of the following requirements:

(1)

All roads shall conform to county road department standards

(2)

Connection to sanitary sewers and/or water mains, if required by the planning commission or township board, when it is determined that the services are reasonably available to the project site.

(3)

The proprietor shall make arrangements for all distribution lines for telephone, electric, cablevision and other similar services distributed by wire or cable to be placed underground entirely through the residential subdivided area. Electric distribution lines shall be defined in accordance with the rules and regulations promulgated by the state public service commission. Such conduits or cables shall be placed within private easements provided to such service companies by the proprietor or within dedicated public ways. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. Private easements for underground utilities shall be shown on the preliminary plat or plan.

(4)

Stormwater disposal methods: Zero runoff from site in undeveloped areas, and stormwater treatment is required when there is existing storm sewer. The township encourages incorporating low impact design techniques, please refer to the township technical reference design manual if available.

(5)

No land within the subdivision may be isolated from a public thoroughfare thereby creating land-locked parcels.

(6)

Street lighting may be required by the planning commission and the township board for public health, safety and welfare.

(7)

Sidewalks may be required by the planning commission and township board when it is determined that sidewalks are necessary for pedestrian safety, public health and welfare. When required, sidewalks shall be constructed of concrete, four feet in width, four inches in depth upon a two-inch minimum sand base with expansion joints set at a minimum of 50 feet. Sidewalks built across driveways shall be constructed of concrete, six inches in depth.

(8)

If the planning commission and the township board determines that the preliminary plat has obtained the required statutory approval of other governmental agencies and complies with the requirements set forth in this section, the township board with recommendation from the planning commission shall grant final approval of the preliminary plat which shall confer upon the proprietor for a period of two years from the date of approval the conditional right that the general terms and conditions under which such approval was granted will not be changed. The two-year period may be extended in the discretion of the township board upon recommendation by the planning commission and upon request by the proprietor.

Every person, firm or corporation that shall hereafter submit a proposed final plat to the planning commission for approval shall also submit the following relevant data and fees:

(1)

An abstract of title or title insurance policy showing merchantable title in the proprietor of the land to be subdivided.

(2)

Evidence that all other governmental reviewing agencies have approved the final plat.

(3)

A fee if established by the township board.

The following will be considered for final plat approval:

(1)

All monuments required to be placed in the project have either been placed or a performance bond has been received by the township sufficient in amount to ensure completion thereof within the time specified and executed by the proprietors.

(2)

All roads, streets, bridges and culverts have been completed and installed or a performance bond has been received by the township sufficient in amount to ensure completion thereof within the time specified and executed by the proprietors.

(3)

If the project has any waterways or lagoons, etc., as set forth in the land division act that all such waterways, etc., shall be installed or a performance bond has been received by the township sufficient in amount to ensure completion thereof within the time specified and executed by the proprietors.

(4)

If any floodplains are involved in the proposed project, then such floodplains shall be restricted as provided by the land division act (MCL 560.101 et seq.) and such restrictions shall be submitted to the township board for review and approval prior to recording and thereafter shall be recorded in the office of the register of deeds contemporaneously with the recording of the plat.

(5)

All utilities serving the plat have been installed, stormwater management techniques are in place and water and sanitary sewer mains have been stubbed to the lot line or a performance bond has been received by the township sufficient in amount to ensure completion thereof within the time specified and executed by the proprietors.

(6)

All underground utilities installations, including lines for street lighting systems, which traverse privately owned property, shall be protected by easements granted by the proprietor and approval by the public utility. These easements shall be recorded on the final plat as private easements for public utilities or easements provided by separate instrument. Easements across lots or centered on rear or side lot lines provided for utilities shall be at least 12 feet wide, usual six feet dedicated from each lot or parcel, except side lot easements three feet wide granted for street lighting drop-outs. These easements should be direct and continuous from block to block.

(7)

All public improvements such as street lights, fire hydrants, sidewalks, parks, etc., which have been required by the planning commission/township board, have been completed and installed or a performance bond has been received by the township sufficient in amount to ensure completion thereof within the time specified and executed by the proprietor.

(8)

The proposed final plat complies with all applicable state statures and township ordinances and has received the requisite statutory approval of other governmental agencies.

(9)

That the dedication is executed by all required owners.

(10)

That actual costs incurred by the township, over the fee established by the township board have been paid by the proprietor or developer.

If a proprietor under this article shall, in any case, fail to complete such work within such a period of time as required by the conditions of the guarantee for the completion of public improvements, it shall be the responsibility of the township board to proceed to have such work completed. In order to accomplish this, the township board shall reimburse itself for the cost and expense thereof by appropriating the security deposit which the proprietor has deposited with the township, or the township may take such steps as may be necessary to require performance in accordance with the performance bond executed by the proprietors.

Where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this article, the zoning board of appeals shall have authority to grant variances so that the spirit of this article shall be observed and public health, safety and welfare secured.

All information shall be furnished to the zoning administrator and shall be kept updated until such time as a zoning certificate of occupancy has been issued.

At any time during the review process, the township planning commission may request the assistance, with consent of the township supervisor, of professionals including attorneys, planners, engineers, surveyors, architects and landscape architects. The applicants shall pay the actual cost of the services of such professionals. If a special meeting is requested by the applicant, all costs associated with the special meeting shall be paid by the applicant. A schedule of fees and cost for a special meeting shall be on file with the township clerk. No portion of the application fee or cost for special meeting shall be returned to the applicant. In addition, the township shall require appropriate engineering plans and inspection prior to the issuance of any zoning certificate of occupancy.

The zoning administrator may allow occupancy of the plat or condominium project before all improvements required by this article are installed, provided that a performance bond is submitted sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the township.

(a)

All streets located within a final plat or condominium project shall be constructed and paved in accordance with the standards and specifications of the county road department.

(b)

All condominium roads shall be designated and remain common elements as specified in the master deed. The master deed shall contain a clause approved by the township board which allows an assessment against condominium owners for road maintenance for the purposes of public safety and welfare. Where standards differ, the more restrictive standard shall apply.

(c)

Prior to issuance of a final zoning certificate of occupancy by the township, the township engineer shall inspect all site improvements, including roads, water, sanitary and storm sewer facilities, grading and road signs, and determine compliance with all applicable township ordinances and requirements.