This chapter shall be known and may be designated as the "City of Madison Heights Subdivision Regulations Ordinance."

(Code 1958, § 6-600; Ord. No. 86, § 1, 3-19-58; Ord. No. 435, § 1, 11-2-70)

(a)

Pursuant to the authority conferred by the public acts of the state in such case made and provided, and for the purpose of promoting and protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the city and to provide for orderly growth and harmonious development of land; to secure adequate traffic circulation and to lessen congestion in the streets and highways; to facilitate adequate provisions for transportation, water, sewage and other public requirements; to facilitate the subdivision of larger tracts into smaller parcels of land; these requirements are made with consideration for providing the best possible environment for human habitation, and for encouraging the most appropriate land development throughout the city; and to provide logical procedures for achievement of these purposes.

(b)

This chapter is designed to provide standards, procedures, rules and regulations related to the making and filing of plats and to provide a method for preliminary and final approval or rejection thereof, to provide for the splitting of existing platted lots; and to provide for the penalties for violation of the provisions thereof.

(Code 1958, § 6-601; Ord. No. 86, § 2, 3-19-58; Ord. No. 219, § 1, 5-13-63; Ord. No. 435, § 1, 11-2-70)

For the purpose of this chapter, certain words, terms and phrases shall be defined as follows:

All terms as defined in this subdivision control act, Act 288, Public Acts of 1967, MSA 26.430(101) et seq., shall control in this chapter unless indicated to the contrary in this section.

Block: Property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street and unsubdivided acreage, river or live stream; or between any of the foregoing and any other barrier to the continuity of development.

Easement: A grant by the owner of the use of land by the public, or by persons, for specific uses and purposes, to be designated as "public" or "private" easement depending on the nature of the use.

Improvements: Grading, street surfacing, curb and gutter, sidewalks, crosswalks, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities and other additions to the natural state of land which increases its value, utility or habitability.

Lot: A measured portion of a parcel or tract of land, which is described or fixed in a proposed or recorded plat.

Lot split: The division of a parcel of land, whose boundaries are fixed in a recorded plat, into more than one but less than five lots or tracts.

Major streets or thoroughfare plan: That part of the master plan which sets forth the location, alignment and dimensions of existing and proposed streets and thoroughfares.

Master plan: The comprehensive city plan including graphic and written proposals indicating the general locations recommended for the streets, parks, schools, public buildings, zoning districts and all physical developments of the city and includes any unit or part of such plan separately adopted, and any amendments to such plan or parts thereof duly approved by the plan commission and certified to the city council.

Parcel or tract: A continuous area of land which can be described as provided for in the subdivision act.

Plan commission: The city plan commission.

Plat: A map or chart of a subdivision of land:

(1)

Preliminary sketch: A sketch map of a proposed subdivision of sufficient accuracy and scale to meet the requirements of section 24-22.

(2)

Preliminary plat—Stage 1: A map indicating the proposed layout of the subdivision in sufficient detail to provide adequate basis for review and to meet the requirements and procedures set forth in this chapter.

(3)

Preliminary plat—Stage 2: A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration prepared in conformance with the subdivision act.

(4)

Final plat: A map of all or part of a subdivision providing substantial conformance to the preliminary plat of the subdivision prepared in conformance with the requirements of the subdivision act and this chapter, and suitable for recording by the county register of deeds.

Proprietor: A natural person, firm, association, partnership, corporation or combination of any of them which may hold any ownership interest in land, whether recorded or not.

Public utility: A firm, corporation or municipal authority providing gas, electricity, telephone, sewer, water or other services of a similar nature.

Street: Any dedicated avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway; or a street, as defined above, or way, shown in a plat heretofore approved pursuant to law; or a street, as defined above, or way, on a plat duly filed, and recorded in the office of the county register of deeds. A street, as defined above, includes the land between the right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and lawns:

(1)

Major thoroughfare: An arterial street of great continuity which is intended to serve as a large volume trafficway for both the immediate city area and region beyond, and may be designated in the city's major thoroughfare plan as a major thoroughfare, parkway, expressway or equivalent term to identify those streets comprising the basic structure of the street plan.

(2)

Secondary or collector street: A street intended to serve as a major means of access from minor streets to major thoroughfares which has considerable continuity within the framework of the major thoroughfare plan.

(3)

Minor street: A street of limited continuity used primarily for access to abutting residential properties.

(4)

Marginal access street: A minor street paralleling and adjacent to a major thoroughfare which provides access to abutting properties and protection from through traffic.

(5)

Boulevard street: A street developed in two two-lane, one-way pavements separated by a median.

(6)

Turnaround: A short boulevard street permanently terminated by a vehicular turnaround.

(7)

Cul-de-sac street: A short minor street having one end permanently terminated by a vehicular turnaround.

(8)

Half-street: A street with right-of-way width equal to one-half of that required for a full street and necessary to complete a street already platted or to provide for a future boundary street in the master plan.

(9)

Alley: A minor service street used primarily to provide secondary vehicular access to the rear or side of properties otherwise abutting upon a street.

Subdivider: Shall be deemed to include the plural as well as the singular and may mean a person, firm, association, partnership, corporation or any legal combination of them or any other legal entity proceeding under these regulations to effect a subdivision of land.

Subdivision: The partitioning or dividing of a parcel or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale, or lease of more than one year, or of building development, where the act of division, or of successive divisions within a period of ten years, creates five or more parcels of land, each of which is ten acres or less in area.

Subdivision act: The subdivision control act, Michigan Public Act No. 288 of 1967, MSA 26.430(101), as amended.

Zoning ordinance: The city's zoning ordinance in Appendix A.

(Code 1958, § 6-602; Ord. No. 86, § 4, 3-19-58; Ord. No. 219, § 1, 5-13-63)

No building permit shall be issued in any subdivision in the city unless the application for such permit is accompanied by evidence in the form of plat diagrams showing topography of such building site and the proposed surface drainage thereof approved by the city engineer. It shall be unlawful for any person to impede, block, change or alter the flow of surface drainage in any manner, or maintain any such impediment or blockage in any manner in any subdivision, without the prior written express approval of the city engineer.

(Code 1958, § 6-614; Ord. No. 86, § 14, 3-19-58; Ord. No. 159, § 1, 7-11-60; Ord. No. 219, § 1, 5-13-63)

No final occupancy permit required under section 10.702 of the zoning ordinance shall be issued for a new building in a subdivision until satisfactory evidence is furnished that the yard grading is complete for the lot or parcel of land on which the building is located. "Satisfactory evidence" shall be in the form of a certificate prepared by and certified by a registered land surveyor or registered professional engineer, showing existing versus proposed finished grades. When weather conditions will not permit the required grading to be done, a temporary certificate of occupancy may be issued by the building inspector upon the filing with the city clerk of a cash bond, in an amount to be determined by the city engineer, to guarantee that said grading will be completed as soon as weather permits. Upon the filing of satisfactory evidence that the grading has been completed as herein provided, said bond shall be refunded, without interest.

(Code 1958, § 6-615; Ord. No. 86, § 14, 3-19-58; Ord. No. 159, § 1, 7-11-60; Ord. No. 219, § 1, 5-13-63)

No building permit shall hereafter be issued for any residential construction in a subdivision other than for the erection of a sales model unless and until the city has approved and accepted all public improvements installed in the streets adjacent to the property for which the permit is sought.

(Code 1958, § 6-616; Ord. No. 86, § 14, 3-19-58; Ord. No. 219, § 1, 5-13-63)

The following roads or highways located within the city are hereby declared to be major thoroughfares or roads for the purpose of this chapter.

Ten Mile Road.

Eleven Mile Road.

Twelve Mile Road.

Thirteen Mile Road.

Fourteen Mile Road.

John R. Road.

Campbell Road.

Dequindre Road.

Stephenson Highway.

(Code 1958, §§ 6-602, 6-622; Ord. No. 260, § 1, 5-10-65)

The following streets or highways located within the city are hereby declared to be secondary thoroughfares or collector streets for the purpose of this chapter.

Lincoln Avenue.

Gardenia from John R. Road to westerly limits of the city.

Whitcomb.

Girard.

(Code 1958, § 6-623; Ord. No. 260, § 1, 5-10-65)

(a)

It shall be unlawful to approve any plat of land within the city unless said plat shall provide a 60 foot right-of-way from the center of any major thoroughfares and 43 feet from the center line of any designated secondary thoroughfares.

(b)

It shall be unlawful for any person to construct any structure nearer than 60 feet to the center line of any major thoroughfare or 43 feet from the center line of any secondary thoroughfare or collector street within the city. Provided, however, that whenever this section shall create a hardship or shall be confiscatory, then in that event, the owner of the property may make application to the council setting forth, in full detail, the manner in which a hardship is being created or his property is being confiscated by reason of this section. Upon review, the council may in its discretion order the building department to issue a building permit to build a structure within the confines of the owner's property; provided, however, that such permission shall in no way violate the zoning ordinance of the city.

(Code 1958, §§ 6-618, 6-624, 6-625; Ord. No. 219, § 1, 5-13-63; Ord. No. 260, § 1, 5-10-65)

Engineering fees, inspection fees, water and sewer connection charges and other applicable development charges in connection with a subdivision shall be provided for by resolution of the city council.

(Code 1958, § 6-617; Ord. No. 86, § 18, 3-19-58; Ord. No. 219, § 1, 5-13-63)

State Law reference— Authority to adopt a reasonable schedule of fees, MSA 26.430(246).

Streets in subdivisions shall conform to all minimum requirements, general specifications, typical cross sections and other conditions set forth in section 24-71 and any other requirements of the city engineer in addition to the following standards:

(a)

Location and arrangement:

(1)

The proposed subdivision shall conform to the various elements of the master plan and shall be considered in relation to existing and planned major thoroughfares and secondary streets, and such subdivision shall be platted in the location and the width indicated on such master plan.

(2)

The street layout shall provide for continuation of secondary streets in the adjoining subdivisions or of the proper projections of streets when adjoining property is not subdivided, generally not more than 1,300 feet apart; or conform to a plan for a neighborhood unit drafted and adopted by the plan commission.

(3)

The street layout shall include minor streets so laid out that their use by through traffic will be discouraged.

(4)

Should a proposed subdivision border on or contain an existing or proposed major thoroughfare, the plan commission may require marginal access streets, reverse frontage with an approved screen planting contained in a dedicated nonaccess reservation along the rear property line having a minimum width of 15 feet, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation and reduction of traffic hazards.

(5)

Should a proposed subdivision border on or contain an expressway, or other limited access highway right-of-way, the plan commission may require the location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for the development of an appropriate use of the intervening land as for parks in residential districts or for commercial or industrial purposes in appropriate districts. Such distances shall be determined with due consideration of the minimum distance required for approach grades to future grade separations.

(b)

Street layouts. The following design standards shall be used:

(1)

Major thoroughfare width shall conform to the major thoroughfare plan and shall have a minimum right-of-way width of 120 feet.

(2)

Secondary streets shall have a minimum right-of-way width of 86 feet.

(3)

Minor streets shall have a minimum right-of-way width of 60 feet.

(4)

Marginal access streets shall have a minimum right-of-way width of 34 feet and an easement of 16 feet reserved for public utilities on the developed side of said marginal access street.

(5)

Cul-de-sac streets shall have a minimum right-of-way width of 60 feet. They shall terminate in a vehicular turn-around with a minimum diameter of 120 feet and with a paved roadway of not less than 80 feet in diameter. Maximum length of cul-de-sac streets shall be 500 feet measured to the center of the turn-around.

(6)

Turn-around streets shall have a minimum right-of-way width of 120 feet and shall have an improved roadway minimum width of 22 feet and the exterior radius of the roadway at its terminating loop shall be not less than 40 feet. The boulevard area between the roadways shall be dedicated to the public.

(7)

Half streets shall be prohibited, except where they are absolutely necessary to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and where the plan commission finds it will be practicable to require the dedication of the other half when the adjoining property is developed. Wherever there exists adjacent to the tract to be subdivided, a dedication or platted and recorded half street, the other half shall be dedicated in the plat.

(8)

Alleys, where permitted, shall have a minimum width of 20 feet.

(c)

Grade standards:

(1)

Maximum grades for major thoroughfares, secondary and minor streets, shall not be greater than five percent. Where this maximum creates extreme hardship to the developer, the city engineer may waive this requirement upon determining that such waiver will be in the best interests of the city.

(2)

Maximum grades for public walkways of not greater than ten percent shall be permitted.

(3)

Minimum grades of not less than four-tenths percent shall be required. Where the minimum grade creates extreme hardship, the city engineer may allow a grade of no less than three-tenths percent.

(d)

Vertical curves:

(1)

Major thoroughfares shall have profile grade changes, where the grade change exceeds a total of one and five-tenths percent, connected by vertical curves of a minimum length equivalent to 20 times the algebraic difference in the rate of grade.

(2)

Major thoroughfares shall have a minimum vertical sight distance of at least 400 feet, measured on and five feet above the center line.

(3)

Secondary streets shall have profile grade changes where grade changes are over a total of one and five-tenths percent, connected by vertical curves of a minimum length equivalent to 15 times the algebraic difference in the rate of grade.

(4)

Secondary streets shall have a minimum vertical sight distance of at least 300 feet, measured on and five feet above the center line.

(5)

Minor streets shall have profile grade changes, where grade change is over a total of one and five-tenths percent, connected by vertical curves of a minimum length equivalent to ten times the algebraic difference in the rate of grade.

(e)

Horizontal alignment:

(1)

Major thoroughfares shall have radii of center line curvature of not less than 450 feet.

(2)

Secondary streets shall have radii of center line curvature of not less than 300 feet.

(3)

Between reverse curves on major thoroughfares and on secondary streets, there shall be a minimum tangent distance of 100 feet.

(4)

Streets shall be laid out so as to intersect as nearly as possible to 90 degrees.

(5)

Curved streets intersecting with major thoroughfares and secondary streets shall do so with a tangent section of center line 50 feet in length measured from the right-of-way line of the major thoroughfare or secondary street.

(Code 1958, § 6-608; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

Blocks within a subdivision shall conform to the following standards:

(a)

Sizes:

(1)

Maximum length for blocks shall not exceed 1,400 feet in length, except where in the opinion of the plan commission, with the advice of the city engineer, conditions of topography may justify a greater distance.

(2)

Widths of blocks shall be determined by the conditions of the layout and shall be suited to the intended design of the subdivision.

(b)

Public walkways:

(1)

Location of public walkways or crosswalks may be required by the plan commission to obtain satisfactory pedestrian circulation within the subdivision where blocks exceed 1,000 feet in length.

(2)

Right-of-way widths of public walkways when not adjacent to or a part of street rights-of-ways shall be at least ten feet and shall be dedicated to the use of the public.

(c)

Easements:

(1)

Location of utility line easements shall be provided along the rear or side lot lines as necessary for utility lines. Every lot, park or public grounds shall have access to an easement. Such easements shall be a total of not less than 12 feet wide. Where practical, the easement may be located six feet on each side of the center line and on adjoining lots.

(2)

Recommendations on the proposed layout for telephone, gas and electric utility easements shall be obtained from the utility companies serving the city.

(Code 1958, § 6-609; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

Lots within subdivisions shall conform to the following standards:

(a)

Sizes and shapes:

(1)

The lot size, width, depth and shape in any subdivision proposed for residential uses shall be appropriate for the location and the type of development contemplated. Lot areas shall conform to the minimum requirements of the zoning ordinance. Lot widths shall in no case be less than that required by the zoning ordinance and the subdivision act for the district in which the subdivision is proposed. Building setback lines shall conform to the minimum requirements of the zoning ordinance for the district.

(2)

Excessive depth in relation to width shall be avoided. A depth-to-width ratio of 5:1 shall be considered a maximum.

(3)

Corner lots shall be platted a minimum of at least ten feet wider than interior lots in order to permit conformance to set back lines on side streets.

(b)

Arrangement:

(1)

The narrow dimension of every lot shall front or abut on only one street except in the case of lots located on a curve of a street and except for the cases covered in paragraph (3) following.

(2)

Side lot lines shall be at right angles or radial to the street lines.

(3)

Residential lots abutting major thoroughfares or secondary streets, where marginal access streets are not practical, shall be platted with reverse frontage lots with an approved screen planting contained in a dedicated nonaccess reservation along the rear property line. Such planting area shall have a minimum width of 15 feet, and be landscaped to provide adequate protection of residential properties adjacent thereto. When side lot lines are parallel to a major or secondary street such lots shall be platted with extra width to permit generous distances between buildings and such trafficway.

(4)

Lots shall have a front to front relationship wherever possible across all streets.

(Code 1958, § 6-610; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

Natural features and character of lands in a subdivision must be preserved wherever possible.

(1)

Natural features. The natural features and character of lands must be preserved wherever possible. Due regard must be shown for all natural features such as large trees, natural groves, watercourses, scenic points and similar community assets that will add attractiveness and value to the property, if preserved. The preservation of drainage and natural stream channels must be considered by the subdivider and the dedication and provision of adequate barriers, where appropriate, shall be required.

(2)

Suitability of lands. Lands which are held to be unsuitable for residential use by reason of flooding, inadequate drainage, adverse rock or topographic conditions, or any other features likely to be harmful to health, safety or welfare of future residents will not be allowed to be subdivided for residential use.

(Code 1958, § 6-611; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

(a)

Whenever a builder or developer of a subdivision desires to install public improvements such as sewers, watermains, sidewalks, or pavements within an existing city right-of-way, they shall be required to follow the provisions of section 22-14.

(b)

Whenever a builder or developer desires to install public improvements within the boundaries of a proposed area to be platted they shall:

(1)

First obtain the approval of the city engineer of all plans and specifications for such installation;

(2)

Advertise for and take bids for the improvements and determine the bidder to whom they wish to award the contract;

(3)

Obtain the concurrence and approval of the city engineer as to the qualifications of the bidder to whom the contract is to be awarded;

(4)

Upon bidder approval and plan approval there shall be deposited with the city treasurer a sum of money equal to the cost of construction plus five percent contingencies, plus an amount equal to six percent of said costs to cover engineering, inspection, administration and any other costs of the city occasioned by such construction and installation. In the event the amount deposited with the city treasurer for the improvement is more than that required to complete the improvement, the excess shall be refunded without interest to the builder or developer. In the event the amount deposited with the city treasurer is less than the full cost thereof, the builder or developer shall deposit the amount of the difference forthwith upon notice to him by the city.

(5)

Thereupon the builder or developer shall award the contract naming the city engineer as the project engineer and the city as the paying agent for progress payments during the construction of any and all improvements to be made in the newly platted area. The city engineer shall have full control of all the construction work and shall control all progress payments to be made and have full and complete supervision of all contractors under the subject contract. Upon completion and acceptance of the public improvements, the proprietor shall provide a maintenance and guarantee bond of two year duration, in an amount equal to ten percent of the cost of improvements.

(Code 1958, § 6-612; Ord. No. 86, § 14, 3-19-58; Ord. No. 219, § 1, 5-13-63)

Street and utility improvements in subdivisions shall be provided in accordance with the following standards and requirements and the detailed specifications and standards of the city engineer:

(a)

Major thoroughfares shall have cross sections in accordance with the master plan of major thoroughfares and as determined by the city engineer and plan commission. The pavement width of major thoroughfares shall be 48 feet wide, and, unless modified by the city engineer, shall conform to the current standards.

(b)

Secondary streets shall have cross sections in accordance with the master plan of major thoroughfares and as determined by the city engineer and the plan commission, 86-foot right-of-way, minimum 37-foot pavement back to back of curb, 9-7-9 pavement design.

(c)

Minor streets shall have a 60-foot right-of-way, 27-foot pavement back to back of curb, 9-7-9 pavement design 4,000 psi concrete with integral rolled curb.

(d)

Marginal access streets shall have a 34-foot right-of-way, 27-foot pavement back to back of curb, 9-7-9 pavement design, 4,000 psi concrete with integral rolled curb.

(e)

Grading and center line gradients shall be per plans and profiles approved by the city engineer.

(f)

Curbs and gutters shall be in accordance with details and specifications prescribed by the city engineer. No curb drop shall be installed at the time of paving unless a house exists at the time of paving. Curb cut permits will be issued at the time of issuance of the building permit.

(g)

Sidewalks shall be in accordance with details and specifications prescribed by the city engineer. Sidewalks shall be constructed at all locations in public rights-of-ways as required by the city engineer.

(h)

Storm drainage systems. In all new subdivisions submitted to the city for approval and in addition to the other requirements of this chapter, the plat submitted shall be accompanied by a map, plan or diagram, prepared by a registered civil engineer clearly showing the surface drainage to be provided in such subdivision, approved by the city engineer.

Unless otherwise approved by the city engineer, suitable site markers consisting of rings painted on Edison or telephone poles, transformer or terminal enclosures, two feet above finished grade shall be established by the subdivider to provide a permanent means of rechecking the grade.

Adequate provision shall be made for proper drainage of surface storm water runoff from residential rear yards. Unless each yard is drained from rear to front, there shall be one rear yard catch basin every 240 feet or less along the rear easement line. Rear yards shall slope at a minimum grade of one percent to the proper storm water catch basin. In casements, rear yard catch basins shall be connected to the storm water system with pipe of not less than eight inch diameter with slip seal joints or equal.

Where county drains are involved, a letter or document of approval from the county drain commission must be submitted by the subdivider.

No new plat shall be approved by the council until such approval has been obtained from the city engineer. Storm sewers shall not be less than 12-inch diameter and laid at such a grade that the flow will exceed three feet per second when flowing full. Design criteria shall be based on a five-year storm rate. Generally, all storm sewers shall be located 12 feet south or west of property line.

Surface storm water shall run no more than 500 feet before being intercepted by a catch basin. If stormwater is carried around an intersection radius, limit of interception shall be 300 feet if the grade is six-tenths percent or less; if greater than six-tenths percent, intercepting basins shall be installed.

(i)

Sewage disposal. The sewage system shall be located within street rights-of-way per plans approved by the city engineer. Sanitary sewers shall be of not less than ten inches in diameter and must pass an infiltration test of 500 gallons per inch diameter per mile per day when tested in accordance with American Society for Testing and Materials (A.S.T.M.) procedure. Exfiltration tests shall not exceed 750 gallons per inch diameter per mile per day. All sanitary sewers shall be laid at a grade to exceed a flow of two feet per second when flowing full. Minimum sanitary sewer depth in all new work shall be eight and one-half feet below the center of the closest road. Generally, all sanitary sewers shall be located ten feet north or east of property lines.

(j)

Water supply. The water distribution system, per plans approved by the city engineer and in conformance with the regulations of the Michigan department of health, must be submitted by the subdivider.

Water mains may be laid of eight-inch water pipe. Six-inch lines may be used when headed on both ends by an eight-inch or larger main and in lengths of less than 1,200 feet. There shall be no dead-end six-inch lines. Hydrants shall be installed at the end of all dead-end lines. Fire hydrants shall be spaced a maximum of 600 feet apart.

The depth of cover over water mains shall be a six-foot minimum. Generally all water mains shall be located nine feet south or west of property lines. In general, gate valves on cross-connecting mains shall be located so that no single break shall require that more than 800 feet be out of service; on feeders, gates shall be spaced not more than one-quarter mile apart. Gates shall be so arranged that any section can be isolated by closing not more than four gates.

All water mains shall be class 250 cast iron pipe laid in accordance with current city standards, details and specifications.

(k)

Trees:

(1)

Existing trees near street rights-of-way shall be preserved by the subdivider.

(2)

Street trees shall be provided; at least one per lot or not more than one tree for each 50 feet placed between the sidewalk and curb.

(3)

The following species of trees shall be permitted:

a.

Norway Maple

b.

London Plane

c.

Pine Oak

d.

Honey Locust

e.

Cork Tree

f.

Sugar Maple

g.

Little Leaf Linden

h.

Modesta Ash

i.

Idaho Locust

j.

Moraine Locust

k.

Hop Horn Beam

l.

Paul Scarlet Hawthorne

m.

Such other species as may be approved by the superintendent of the department of public works.

(l)

Telephone and electric service. All lines for telephone, electric, television and other similar services distributed by wire or cable shall be placed underground entirely throughout a residential subdivided area, except for major thoroughfare right-of-way, and such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways. Overhead lines may be permitted by not less than five affirmative votes of the city council, at the time of final plat approval where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, plat design and character of the subdivision. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be construed in accordance with standards of construction approved by the Michigan Public Service Commission.

All underground utility installations which traverse privately owned property shall be protected by easements granted by the proprietor.

(Code 1958, § 6-613; Ord. No. 86, § 14, 7-19-58; Ord. No. 219, § 1, 5-13-68; Ord. No. 334, § 1, 1-8-68)

This article shall be known and cited as "the City of Madison Heights Land Division Ordinance."

(Ord. No. 975, § 2, 6-8-98)

The purpose of this article is to carry out the provisions of the State Land Division Act (1967 PA 288, as amended, formerly known as the Subdivision Control Act), to prevent the creation of parcels of property which do not comply with applicable ordinances and said Act, to minimize potential boundary disputes, to maintain orderly development of the community, and otherwise provide for the health, safety and welfare of the residents and property owners of the city by establishing reasonable standards for prior review and approval of land divisions within the city.

(Ord. No. 975, § 2, 6-8-98)

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

Applicant. A natural person, firm, association, partnership, corporation, or combination of any of them that holds an ownership interest in land whether recorded or not.

Divided or division. 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 year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and that satisfies the requirements of sections 108 and 109 of the State Land Division Act.

Exempt split or exempt division. 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 or more parcels of less than 40 acres or the equivalent, provided all resulting parcels are accessible for vehicular travel and utilities from existing public roads through existing adequate roads or easements, or through areas owned by the owner of the parcel that can provide such assess.

Forty acres or the equivalent. Either 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres.

Governing body. The legislative body of the City of Madison Heights.

Land division committee. The body designated to review and approve land divisions as set out in this article.

(Ord. No. 975, § 2, 6-8-98)

The land division committee shall consist of the city assessor, the community development director, the building inspection administrator and the city engineer or their designees.

(Ord. No. 975, § 2, 6-8-98)

Land in the city shall not be divided without the prior review and approval of the land division committee, in accordance with this article and the State Land Division Act, provided that the following shall be exempted from this requirement:

(a)

A parcel proposed for subdivision through a recorded plat pursuant to the city subdivision regulation ordinance and the State Land Division Act.

(b)

An exempt split as defined in this article.

(Ord. No. 975, § 2, 6-8-98)

An applicant shall file all of the following with the city assessor for review and approval of a proposed land division before making any division either by deed, land contract, lease for more than one year, or for building development:

(a)

A completed application form on such form as may be provided by the city.

(b)

Proof of fee ownership of the land proposed to be divided.

(c)

A survey map of the land proposed to be divided, prepared pursuant to the survey map requirements of 1970 Public Act 132, as amended, (MCL 54.211) by a land surveyor licensed by the State of Michigan, and showing the dimensions and legal descriptions of the existing parcel and the parcels proposed to be created by the division(s), the location of all existing structures and other land improvements, and the accessibility of the parcels for vehicular traffic and utilities from existing public roads.

If such survey map is not immediately available at the applicant's option, the applicant may waive the 60-day requirement (section 24-90 of this article) for a decision on the application, until such survey map and legal description are filed with the city, and submit a tentative preliminary parcel map drawn to scale of not less than that provided for on the application form including an accurate legal description of each proposed division, and showing the boundary lines, dimensions, and the accessibility of each division from existing or proposed public roads for automobile traffic and public utilities, for preliminary review, approval, and/or denial by the locally designated official prior to a final application under section 24-89.

The land division committee, may waive the survey map requirement where the foregoing tentative parcel map is deemed to contain adequate information to approve a proposed land division considering the size, simple nature of the divisions, and the undeveloped character of the territory within which the proposed divisions are located. An accurate legal description of all the proposed divisions, however, shall at all times be required.

(d)

Proof that all standards of the State Land Division Act and this article have been met.

(e)

The history and specifications of any previous divisions of land of which the proposed division was a part sufficient to establish the parcel to be divided was lawfully in existence as of March 31, 1997, the effective date of the State Land Division Act.

(f)

Proof that all due and payable taxes or installments of special assessments pertaining to the land proposed to be divided are paid in full.

(g)

If transfer of division rights are proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer.

(h)

Unless a division creates a parcel which is acknowledged and declared to be "not buildable" under section 24-92 of this article, all divisions shall result in "buildable" parcels containing sufficient "buildable" area outside of unbuildable wetlands, floodplains and other areas where buildings are prohibited therefrom, and with sufficient area to comply with all required setback provisions, minimum floor area, 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 of the site.

(i)

The fee as may from time to time be established by resolution of the city council for land division pursuant to this article to cover the costs of review of the application and administration of this article and the State Land Division Act. The applicant shall pay all costs for recording fees if the city assessor records the documents with the register of deeds.

(Ord. No. 975, § 2, 6-8-98)

(a)

Upon receipt of a land division application package, the land division committee shall approve; approve with reasonable conditions to assure compliance with applicable ordinances and the protection of public health, safety and general welfare; or disapprove the land division applied for within 60 days after receipt of the application package conforming to this article's requirements and shall promptly notify the applicant of the decisions and the reason for any denial. If the application package does not confirm to this article's requirements and the State Land Division Act, the land division committee shall return the same to the applicant for completion and refiling in accordance with this article and the State Land Division Act.

(b)

Any person or entity aggrieved by the decision of the land division committee may, within 30 days of said decision appeal the decision to the city council or such other board or person designated by the city council which shall consider and resolve such appeal by a majority vote of said board or by its designee at its next regular meeting or session affording sufficient time for a 20-day written notice to the applicant (and appellant where other than the applicant) of the time and date of said meeting and appellate hearing.

(c)

A decision approving a land division is effective for 90 days, after which it shall be considered revoked unless within such period a document is recorded with the county register of deeds office and filed with the city assessor accomplishing the approved land division or transfer.

(d)

The city assessor shall maintain an official record of all approved and accomplished land divisions or transfers.

(Ord. No. 975, § 2, 6-8-98)

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

(a)

All the parcels to be created by the proposed land division(s) fully comply with the applicable lot (parcel), yard and area requirements of the applicable zoning ordinance, including, but not limited to, minimum lot (parcel) frontage/width, minimum road frontage, minimum lot (parcel) area, minimum lot depth to width ratio, and maximum lot (parcel) coverage and minimum setbacks for existing buildings/ structures.

(b)

The proposed land division(s) comply with all requirements of the State Land Division Act and this article.

(c)

All parcels created and remaining have existing adequate accessibility, or an area available therefor, to a public road for public utilities and emergency and other vehicles not less than the requirements of the applicable zoning ordinance, major thoroughfare plan, road ordinance or this article. In determining adequacy of accessibility, any ordinance standards applicable to plats shall also apply as a minimum standard whenever a parcel or tract is proposed to be divided to create four or more parcels.

(d)

Satisfactory evidence of the suitability of each proposed land division for on-site sewage disposal and potable on-site water supply is provided from the county health department or State Department of Environmental Quality, unless public water and sewer service is available to the site.

(Ord. No. 975, § 2, 6-8-98)

Notwithstanding disqualification from approval pursuant to this article, a proposed land division which does not fully comply with the applicable lot, yard, accessibility and area requirements of the applicable zoning ordinance or this article may be approved in any of the following circumstances:

(a)

Where the applicant executes and records an affidavit or deed restriction with the Oakland County Register of Deeds in a form acceptable to the city, designating the parcel as "not buildable." 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 developed with any building or above ground structure exceeding four feet in height and shall not be used for human habitation.

(b)

Where, in circumstances not covered by paragraph (a) above, the zoning board of appeals has, previous to this article, granted a variance from the lot, yard, depth to width ratio, frontage and/or area requirements with which the parcel failed to comply.

(c)

Where the proposed land division involves only the minor adjustment of a common boundary line or involves a conveyance between adjoining properties which does not result in either parcel violating this article, any applicable zoning ordinance, or the State Land Division Act.

(Ord. No. 975, § 2, 6-8-98)

Any parcel created in noncompliance with this article shall not be eligible for any building permits, or zoning approvals, such as special land use approval or site plan approval, and shall not be recognized as a separate parcel on the assessment roll. In addition, violation of this article shall subject the violator to the penalties and enforcement actions set forth in section 24-94 of this article, and as may otherwise be provided by law.

(Ord. No. 975, § 2, 6-8-98)

Any person who violates any of the provisions of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $500.00 or by imprisonment not to exceed 90 days or both such fine and imprisonment. The building inspection administrator or his designee is hereby empowered to issue ticket citations or request and receive a warrant for violation of this article.

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. 975, § 2, 6-8-98)

The procedure for preliminary investigation relative to land area to be subdivided shall be as follows: Prior to the preparation of a preliminary plat, the proprietor shall meet informally, with the city planner and city engineer to investigate the procedures and standards of the city and to present for discussion a general preliminary sketch of the subdivision proposed, preferably at a scale of one inch equals 100 feet, indicating anticipated land use and street and lot arrangement. The proprietor should concern himself with the following factors:

(1)

The proprietor shall secure a copy of the zoning ordinance, subdivision regulations, engineering specifications and other similar ordinances or controls relative to the subdivision and improvement of land so as to make himself aware of the requirements of the city.

(2)

The area for the proposed subdivision shall be properly zoned for the intended use.

(3)

An investigation of adequacy of existing schools and the adequacy of public open spaces including parks and playgrounds to serve the proposed subdivision shall be made by the proprietor.

(4)

The relationship of the proposed subdivision with respect to major thoroughfares and plans for widening of thoroughfares shall be investigated by the proprietor.

(5)

Standards for sewage disposal, water supply and drainage of the city and health standards of the county and the state shall be investigated and complied with by the proprietor.

(Code 1958, § 6-603; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

If it is established that conditions exist whereby an assessor's plat is necessary, said assessor's plat shall comply with sections 201—213 of the subdivision act, MSA 26.430(201)—26.430(213).

(Code 1958, § 6-607; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

State Law reference— Similar provisions, MSA 26.430(201).

The procedure for preparation and submittal of the first stage of a preliminary plat of the land area to be subdivided shall begin as follows:

(1)

Ten copies of the preliminary plat of the proposed subdivision together with a written letter of application in triplicate shall be submitted to the city planner for the plan commission.

(2)

The applicant shall submit his proposed plan not less than 15 days prior to the next regular plan commission meeting at which he hopes to be heard. The plan commission shall act on the first stage of the preliminary plat within 60 days after the date of filing, which filing date shall be considered the date on which the proposal is first heard by the plan commission, unless the subdivider agrees to an extension of time in writing.

(3)

If the plat has been prepared in such a manner as to satisfy all the requirements of the second stage of the preliminary plat as specified by the subdivision act, the proprietor may request a waiver of the first stage, tentative approval, of the preliminary plat procedure.

(4)

The proprietor shall deposit the sum of $1.00 per lot in the proposed subdivision with a minimum deposit of $75.00 per subdivision to cover costs of reviewing all engineering plans and layout, said deposit to be made at the time the preliminary plat is filed.

(Code 1958, § 6-604; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63; Ord. No. 435, § 1, 11-2-70)

The first stage of a preliminary plat shall include:

(1)

Proposed name of subdivision;

(2)

Location by section, town and range, and by legal description;

(3)

Names and addresses of the proprietor, owner proprietor, and the planner, designer, engineer or surveyor who designed the subdivision layout; the proprietor shall also indicate his interest in the land;

(4)

Scale of plat, one inch equals 100 feet as minimum acceptable scale;

(5)

Date;

(6)

Northpoint.

(Code 1958, § 6-604; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

The first stage of a preliminary plat shall include:

(1)

An overall area map at a scale of not less than one inch equals 1,000 feet shall be provided showing the relationship of the subdivision to its surroundings such as section lines and major streets or collector streets;

(2)

Boundary line of proposed subdivision, section or corporation lines within or adjacent to the tract and overall property dimensions;

(3)

Property lines of contiguous adjacent tracts of subdivided or unsubdivided land and roadways up to one-half mile are to be shown in relation to the tract being proposed for subdivision including those located across abutting roads;

(4)

Location, widths and names of existing or prior platted streets and private streets, and public easements within or adjacent to the tract being proposed for subdivision, including those located across abutting roads;

(5)

Location of existing sewers, water mains, storm drains and other underground facilities within or adjacent to the tract being proposed for subdivision;

(6)

Topography drawn as contours with an interval of at least two feet in elevation, except if grade exceeds five percent, the contour interval shall be five feet. The map shall cover the area of the proposed subdivision as well as an area 150 feet around it; topography should be based on United States geological survey datum; bench marks for the work shall be indicated on the plat;

(7)

The school board or school board superintendent of the school district having jurisdiction in the area concerned shall be informed and made aware of the proposed preliminary plat by the proprietor. Acknowledgment of receipt of a letter or document by the school board or superintendent of the school district from the proprietor indicating the board's or district's awareness of the proprietor's intentions shall be submitted to the plan commission as part of the preliminary plat.

(Code 1958, § 6-604; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

The first stage of a preliminary plat shall include:

(1)

Layout of streets indicating proposed street names, right-of-way widths and connections with adjoining platted streets and also the widths and location of alleys, existing easements and public walkways;

(2)

Layout, numbers and scale dimensions of lots, including building setback lines showing dimensions;

(3)

An indication of parcels of land intended to be dedicated or set aside for public use or for the use of property owners in the subdivision;

(4)

An indication of the status of the petitioner's ownership, and existing and proposed use of any parcels identified as "excepted" on the preliminary plat. If the proprietor has an interest or owns any parcel so identified as "excepted," the preliminary plat shall indicate how this property could be developed in accordance with the requirements of the existing zoning district in which it is located and with an acceptable relationship to the layout of the proposed preliminary plat;

(5)

An indication of the required underground utilities;

(6)

An indication of the system proposed for sewage by a method approved by the city council and the city engineer;

(7)

An indication of the system proposed for water supply by a method approved by the city council and the city engineer;

(8)

An indication of storm drainage, and point of outlet at the subdivision line, proposed by a method approved by the city council and the city engineer;

(9)

In the case where the proprietor wishes to subdivide a given area, but wishes to begin with only a portion of the total area, the preliminary plat shall include the proposed general layout for the entire area. The part which is proposed to be subdivided first shall be clearly superimposed upon the overall plan in order to illustrate clearly the method of development which the proprietor intends to follow. Each subsequent plat shall follow the same procedure until the entire area controlled by the proprietor is subdivided;

(10)

If the subdivision is proposed to be developed under the subdivision open space plan, said subdivision shall meet the requirements of section 10.402 of the zoning ordinance.

(Code 1958, § 6-604; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

(a)

The city planner shall receive and review the first stage of the preliminary plat for completeness as required under section 24-30, and if complete, place the matter on the agenda of the next plan commission meeting. Should any important data be omitted, the city planner shall notify the subdivider of the additional data required and delay further plan commission action until the required data is received.

(b)

A copy of the first stage of the preliminary plat shall be transmitted to the city engineer for his technical review and recommendation.

(c)

The plan commission shall review all details of the proposed subdivision within the framework of the zoning ordinance, within the various elements of the master plan and within the standards of this chapter.

(d)

The plan commission shall recommend approval conditionally, disapproval or approval of the first stage of the preliminary plat:

(1)

Should the approval be a conditional approval, the preliminary plat may be forwarded to the city council.

(2)

Should the plan commission recommend disapproval of the preliminary plat, it shall record the reasons in the minutes of the meeting. The proprietor shall be notified of the action of the plan commission and may request copies of the recommendations for the purpose of revision and resubmittal.

(3)

Should the plan commission find that all requirements have been satisfactorily met, it shall recommend approval of the preliminary plat. The city planner shall make a notation to that effect on each copy of the preliminary plat and distribute copies of the same as follows:

a.

Retain one copy which shall become a matter of permanent record in the plan commission files;

b.

Forward one copy to the school superintendent of the school district having jurisdiction in the area concerned;

c.

Forward the remaining copies to the city council via the clerk's office with recommendations for approval.

(Code 1958, § 6-604; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

(a)

The city council will not review the first stage of a preliminary plat until it has received the review and recommendations of the plan commission per section 24-34. Following the receipt of such recommendations, the city council shall consider the preliminary plat and shall take action on the preliminary plat within 90 days of the date of filing, as defined in section 24-30.

(b)

Should the city council approve the first stage of the preliminary plat, it shall be deemed to confer upon the proprietor the right to proceed with the preparation of the second stage of the preliminary plat.

(c)

Approval of the first stage shall not constitute approval of the second stage of the preliminary plat. It shall be deemed as approval of the layout submitted on the first stage of the preliminary plat as a guide to the preparation of the second stage of the preliminary plat.

(d)

The approval of the city council shall be effective for a period of 12 months. Should the second stage of the preliminary plat in whole or in part not be submitted within this time limit, the first stage of the preliminary plat must again be submitted to the planning commission for recommendation and approval to the city council.

(e)

No installation or construction of any improvements shall be made at this time.

(Code 1958, § 6-604; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

The procedure for the preparation and review of the second stage of a preliminary plat shall begin as follows:

(1)

Ten copies of a valid and complete preliminary plat of stage 2 of the proposed subdivision, together with written application in triplicate and any other information required to be submitted under the subdivision act shall be filed with the city planner.

(2)

The second stage of the preliminary plat shall conform substantially to the first stage of the preliminary plat as approved, and it may constitute only that portion of the approved preliminary plat of stage 1 which the proprietor proposes to record and develop at the time; provided, however, that such portion conforms to this chapter.

(3)

The proprietor shall file with the city planner a certified list of all authorities required for approval in sections 112 through 119 of the subdivision act, MSA 26.430(112)—26.430(119). The proprietor shall also provide approve copies of plats from each of the required authorities, and show proof of submittal of copies of the plat to appropriate public utility agencies.

(4)

The proprietor shall submit as evidence of title a policy of title insurance, or a legal opinion with reference to ownership, for examination in order to ascertain as to whether or not the proper names appear on the plat.

(5)

The city planner shall check the proposed plat for completeness. Should any of the data required in the subdivision act, or the preceding division be omitted, the city planner shall be directed to inform the proprietor of the data required, and that the application will be delayed until the required data is received.

(6)

The city planner shall transmit a copy of the valid and complete second stage of the preliminary plat to the city engineer for his technical review and recommendation.

(Code 1958, § 6-605; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

(a)

Upon receipt of the recommendations of the engineer, the city planner shall place the second stage of the preliminary plat on the next regular plan commission agenda, at which meeting the proprietor will be scheduled to appear. The plan commission shall act on the preliminary plat within 60 days after the date of filing per section 24-42 unless the proprietor agrees to an extension, in writing, of the time required for approval by the city council and the plan commission.

(b)

The second stage of the preliminary plat shall be reviewed by the city engineer and city planner as to compliance with the approved first stage of the preliminary plat.

(c)

The city engineer and planner shall notify the plan commission of their recommendations for either approval or rejection of the second stage of the preliminary plat.

(d)

The second stage preliminary plat documents shall be reviewed by the plan commission as to compliance with the approved first stage of the preliminary plat.

(e)

Should the plan commission find that the second stage of the preliminary plat is in close agreement with the first stage of the preliminary plat, it shall recommend approval and notify the city council of this action in its official minutes and forward the same, together with all accompanying data, to the city council for their review.

(f)

Should the plan commission find that the second stage of the preliminary plat does not conform substantially to the previously approved first stage of the preliminary plat and that it is not acceptable, they shall record the reason in their official minutes and forward the recommendation with all accompanying data to the city council; and recommend that the city council disapprove the second stage of the preliminary plat until the objections causing disapproval have been changed to meet with the approval of the plan commission.

(Code 1958, § 6-605; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

(a)

The city council will not review the second stage of a preliminary plat until it has received the review and recommendations of the plan commission per section 24-43. Following the receipt of such recommendations, the city council shall consider the second stage at such meeting that the matter is placed on the regularly scheduled agenda and take action on the second stage of the preliminary plat within 20 days of the date of submission, which meeting shall be considered the date of submission.

(b)

If the second stage of the preliminary plat conforms substantially to the plat approved by the city council in the first stage and meets all conditions laid down in the first stage, the city council shall give final approval to the second stage of the preliminary plat.

(c)

The city planner shall promptly notify the proprietor of approval or rejection in writing; if rejected, reasons shall be given.

(d)

Final approval shall be effective for a period of two years from the date of final approval. The two year period may be extended if applied for by the proprietor and granted by the city council upon recommendation of the plan commission.

(e)

No installation or construction of any improvements shall be made before the second stage of the preliminary plat has received final approval of the city council, engineering plans have been approved by the city engineer, and any deposits required under section 24-71, have been received by the city.

(Code 1958, § 6-605; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-67)

The final plat shall be prepared as follows:

(1)

The final plat shall comply with the provisions of the subdivision act.

(2)

The final plat shall conform substantially to the second stage of the preliminary plat as approved and it may constitute only that portion of the approved preliminary plat which the proprietor proposed to record and develop at the time; provided, however, that such portion conforms to this chapter.

(Code 1958, § 6-606; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-67)

Five copies of the final plat shall be filed by the proprietor with the city planner together with a deposit for the sum of $100.00 to provide for the expense of inspection of lands, meeting of council and for the fees required by the subdivision act. If the proprietor prefers, he may submit only one mylar copy of the final plat to the city planner. In this case, the other needed mylar copies will be made by the state treasurers office with the cost charged to the proprietor.

(Code 1958, § 6-606; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

(a)

The final plat shall be reviewed by the city engineer and city planner as to compliance with the approved stage 2 preliminary plat and plans for utilities and all other improvements.

(b)

The city engineer shall notify the city planner of his recommendation for either approval or rejection of the final plat within ten days of its date of receipt, thereupon the city planner shall submit the final plat and all recommendations to the plan commission for review.

(Code 1958, § 6-606; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

(a)

Should the plan commission find that the final plat is in substantial agreement with the preliminary plat, after receiving the final plat and recommendations per section 24-53, it shall prepare a resolution recommending approval of the final plat to the city council and immediately forward the final plat and a copy of said resolution to the city council.

(b)

Should the plan commission find that the final plat does not conform to the previously approved preliminary plat, or that it is not acceptable, the commission shall immediately prepare a resolution to the city council setting forth its reasons for disapproval and recommend that the city council disapprove the final plat until the objections causing disapproval have been corrected and changed and the plat has received the approval of the plan commission.

(Code 1958, § 6-606; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-67)

(a)

The city council shall review all recommendations of the plan commission, received per section 24-54, and take appropriate action to approve or disapprove the final plat within 20 days after its date of submission, which date shall be considered the date on which the proposal is first heard by the city council.

(b)

Upon approval of the final plat by the city council, the subsequent approvals shall follow the procedure set forth in the subdivision act.

(c)

One complete set of "as built" mylar drawings shall be provided by the proprietor to the city engineer at the time of final acceptance of the public improvements.

(Code 1958, § 6-606; Ord. No. 86, § 6, 3-19-58; Ord. No. 219, § 1, 5-13-63)

State Law reference— Similar provisions, MSA 26.430(167).