Memphis City Zoning Code
CHAPTER 151
SUBDIVISIONS
§ 151.01 SHORT TITLE.
This chapter shall be known and may be designated as the “City of Memphis Subdivision Regulations Ordinance”.
(1979 Code, § 5.271) (Ord. 45, passed 6-6-1972)
§ 151.02 PURPOSES.
The purposes of this chapter are as follows:
(A) To provide for the orderly growth and harmonious development of the community;
(B) To secure adequate traffic circulation through coordinated street systems with relation to major thoroughfares, adjoining subdivisions and public facilities;
(C) To achieve individual property lots of maximum utility and livability;
(D) To secure adequate provisions for water supply, drainage and sanitary sewerage and other health requirements;
(E) To secure adequate provisions for recreational areas, school sites and other public facilities; and
(F) To provide logical procedures for the achievement of these purposes.
(1979 Code, § 5.272) (Ord. 45, passed 6-6-1972)
§ 151.03 DEFINITIONS.
(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(B) The definitions for terms defined in the Subdivision Act, M.C.L.A. §§ 560.101 to 560.293 shall control in the interpretation of this chapter unless indicated to the contrary in this section.
ALLEY. A minor service street used primarily to provide secondary vehicular access to the rear or side of properties otherwise abutting upon a street.
BLOCK. Property abutting one side of a street and lying between the two nearest intersecting streets or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or live stream; or between any of the foregoing and any other barrier to the continuity of development.
BOULEVARD STREET. A street developed to two two-lane, one-way pavements separated by a median.
CITY PLANNER or CONSULTING PLANNER. The Staff Planner or Consulting Planner of the city.
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.
COMMISSION. The Planning Commission of the City of Memphis.
CLERK. The City Clerk.
CUL-DE-SAC STREET. A short minor street having one end permanently terminated by a vehicular turn-around.
EASEMENT. A grant by the owner of the use of a strip of land by the public, a corporation or persons, for specific uses and purposes, to be designated as a PUBLIC OR PRIVATE EASEMENT depending on the nature of the use.
ENGINEER or CONSULTING ENGINEER. The City Engineer.
FILING DATE. For the purpose of these regulations, the filing date shall be the initial meeting date at which the plan for preliminary plat (stage 1), preliminary plat (stage 2), tentative or final plat review appears on the Planning Commission or City Council’s regular meeting agenda.
FINAL PLAT. A map of all or part of a subdivision providing substantial conformance to the preliminary plat (stage 2) of the subdivision prepared in conformance with the requirements of the Subdivision Act, M.C.L.A. §§ 560.101 to 560.293 and this chapter and suitable for recording by the County Register of Deeds.
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 recorded plat.
MARGINAL ACCESS STREET. A minor street parallel and adjacent to a major thoroughfare which provides access to abutting properties and protection from through traffic.
MAJOR STREETS OR THOROUGHFARE PLAN. The part of the Master Plan which sets forth the location, alignment and dimensions of existing and proposed streets and thoroughfares.
MAJOR THOROUGHFARE. An arterial street of great continuity which is intended to serve as a large volume traffic-way for both the immediate city areas 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.
MASTER PLAN. The comprehensive land use plan for the city, 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 adopted by the Planning Commission.
MINOR STREET. A street of limited continuity used primarily for access to abutting residential properties.
PARCEL or TRACT. A continuous area or acreage of land which can be described as provided for in the Subdivision Act, M.C.L.A. §§ 560.101 to 560.293.
PLAT. A map or chart of a subdivision of land.
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.
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, M.C.L.A. §§ 560.101 to 560.293.
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.
STREET. Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway; or a street or way shown in a plat heretofore approved pursuant to law or approved by official action or, a STREET or way on a plat duly filed and recorded in the office of the County Register of Deeds. A street includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and lawns.
TURN-AROUND. A short boulevard street permanently terminated by a vehicular turn-around.
SUBDIVISION ACT. The Subdivision Control Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended.
SUBDIVISION. The partitioning or dividing of a parcel or tract of land by the proprietor thereof, or by his or her heirs or assigns, for the purpose of sale or lease of more than one year or building development where the act of division creates five or more parcels of land, each of which is ten acres or less in area or five or more parcels of land, each of which is ten acres or less in area are created by successive divisions within a period of ten years.
ZONING CHAPTER. Chapter 150 of the city code.
(1979 Code, § 5.273) (Ord. 45, passed 6-6-1972)
§ 151.04 COMPLIANCE STANDARDS.
The approvals required under the provisions of this chapter shall be obtained prior to the installation of any subdivision or project improvements within the city, in public streets, public alleys, public rights- of-way and public easements and/or under the ultimate jurisdiction of the city. All subdivision or project improvements within the city installed in public streets, public alleys, public rights-of-way or public easements and/or under the ultimate jurisdiction of the city shall comply with all of the provisions and requirements of this code.
(1979 Code, § 5.314) (Ord. 45, passed 6-6-1972)
§ 151.05 INTERPRETATION.
The provisions of this chapter shall be held to be the minimum requirements adopted for the promotion and preservation of public health, safety and general welfare of the city. This chapter is not intended to repeal, abrogate, annul or in any manner interfere with nor conflict with any statutes of the state except that these regulations shall prevail in cases where these regulations impose a greater restriction than is provided by existing statutes, laws or regulations.
(1979 Code, § 5.315) (Ord. 45, passed 6-6-1972)
§ 151.06 FEES.
(A) (1) Preliminary plat (stage 1 and 2) and final plat review fees, planning fees, engineering fees, attorney fees, inspection fees, water and sewer connection charges and other applicable development charges shall be paid by the proprietor as may be provided for by ordinance or resolution of the City Council as a condition of final plat approval.
(2) The following shall be submitted by the developer and approved by the city prior to the release of bonds or other sums held by the city:
(a) An “as built site plan survey” for the project (two copies), on reproducible drawing material and approved by the City Engineer. The City Engineer shall determine that the project is complete to the approved plan and in compliance with applicable city ordinances.
(b) A survey drawing showing the placement of all required monuments to the standards set by M.C.L.A. § 560.125, as amended.
(c) Verification that inspections and/or approvals, as required, have been obtained.
(1979 Code, § 5.316)
(B) Fees can be charged for the review of preliminary plats (stage 1) by the planner on the basis of the following schedule. There shall be no additional planner review fee charged for the preliminary plats (stage 2) or final plats which are in substantial conformance to a previously approved plat (stage 2).
(1) Conventional subdivision plats: $25 plus $0.50 per lot;
(2) Subdivision open space plats: $100 plus $0.70 per lot; and
(3) Multiple-family residential plats: $50 per dwelling unit.
(1979 Code, § 5.317)
(Ord. 45, passed 6-6-1972; Ord. 156, passed 3-18-2003)
§ 151.07 VARIANCE.
(A) Variance for hardship. The City Council may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the City Council shall prescribe only conditions that it deems necessary to, or desirable for, the public interest. In making its findings, as required herein below, the City Council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivisions and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the City Council finds that:
(1) 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 this land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and/or
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.
(1979 Code, § 5.321)
(B) Variance for complete neighborhood.
(1) The City Council may authorize a variance from these regulations in the case of a plan for a complete community or neighborhood where such development is permitted by Ch. 150 and which, in the judgment of the City Council, and after a recommendation is had from the Commission, provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs, in making its findings, as required herein below, the City Council shall take into account the nature of the proposed use of and 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 development upon traffic conditions in the vicinity.
(2) The City Council shall find that:
(a) There is adequate acreage and population in the proposed plan so as to support at least one elementary school;
(b) The standards and requirements of Ch. 150 are met;
(c) The Planning Commission has reviewed the plan and recommends its approval as having met the standards and intent of the Master Plan of land use as it relates to facility needs;
(d) In granting the variance, it shall be valid only as long as the plan for the complete neighborhood is carried out as approved. Any departure from the plan shall immediately rescind any variance granted; and
(e) The City Council shall establish a time schedule to be met on the various aspects of the complete neighborhood.
(C) Application. Application for any such variance shall be submitted in writing by the proprietor at the time the preliminary plat (stage 1) is filed, stating fully and clearly all facts relied upon by the proprietor and shall be supplemented with maps, plans or other additional data which may aid in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.
(1979 Code, § 5.322)
(Ord. 45, passed 6-6-1972)
§ 151.20 PHASES.
The preparation of a subdivision for platting shall be carried out through three phases: pre-preliminary plat; preliminary plat; and final plat, all in accordance with the procedure as follows.
(1979 Code) (Ord. 45, passed 6-6-1972)
§ 151.21 INITIAL INVESTIGATION.
(A) Prior to the preparation of a pre-preliminary plat, it is suggested that the proprietor meet informally with the city departments concerned to investigate the procedures and standards of the city with reference to these subdivision regulations and with the proposals of the Master Plan as they affect the area in which the proposed subdivision is located. The proprietor should not submit a pre-preliminary plat at this time.
(B) The proprietor should concern himself or herself with the following factors.
(1) The proprietor shall secure a copy of Ch. 150, this chapter, engineering specifications and other similar ordinances or controls relative to the subdivision and improvement of land so as to make himself or herself 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 municipality shall be investigated by the proprietor.
(1979 Code, § 5.281) (Ord. 45, passed 6-6-1972)
§ 151.22 PRE-PRELIMINARY PLAT.
(A) The procedure for the preparation and review of a preliminary plat requires tentative and final approval as follows.
(1) Filing.
(a) Ten copies of a valid and complete preliminary plat of the proposed subdivision, together with written application in triplicate and any other information required to be submitted under the Subdivision Act, M.C.L.A. §§ 560.101 to 560.293 shall be filed with the Clerk.
(b) Submittal with the Clerk shall be at least ten days prior to the regular Commission meeting (which meeting shall be considered as the date of filing) at which the proprietor will be scheduled to appear. Should any of the data required in this section be omitted, the Clerk shall notify the proprietor of the additional data required and Commission action shall be delayed until the required data is received. The Commission shall act on the pre-preliminary plat within 60 days after the date of filing unless the proprietor agrees to an extension of time in writing.
(B) Identification and description. The pre-preliminary plat shall include the following:
(1) Proposed name of subdivision;
(2) Location by section, town and range or by other 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 or her interest in the land;
(4) Scale of plat: one inch equals 100 feet as minimum acceptable scale;
(5) Date; and
(6) Northpoint.
(C) Existing conditions.
(1) The pre-preliminary plat shall include:
(a) An overall area map at a scale of not less than one inch equals 2,000 feet showing the relationship of the subdivision to its surroundings such as section lines and/or major streets or collector streets;
(b) Boundary line of proposed subdivision, section or corporation lines within or adjacent to the tract and overall property dimensions;
(c) Property lines of adjacent tracts of subdivided and unsubdivided land shown in relation to the tract being proposed for subdivision including those of areas across abutting roads;
(d) 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;
(e) Location of existing sewers, water mains, storm drains and other underground facilities within or adjacent to the tract being proposed for subdivision; and
(f) Topography to be based on U.S.G.S. datum and topographical survey maps at a minimum scale of one inch equals 100 feet showing existing grades of the land on a two-foot contour intervals shown prior to any land changes and to include any proposed finished final grades. (This requirement may be waived only with prior consent of the Planning Commission based on existing grades and the development plan).
(2) The school board or school superintendent of the school district having jurisdiction in the area concerned shall be informed and made aware of the proposed pre-preliminary plat by the proprietor. A letter or document from the school board or school superintendent indicating awareness of the proprietor’s intentions shall be submitted to the Planning Commission as part of the pre-preliminary plat.
(D) Proposed conditions. The pre-preliminary plat shall include the following:
(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, easements and public walkways;
(2) Layout, numbers and dimensions of lots, including building setback lines showing dimensions;
(3) 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 ownership and existing and proposed use of any parcels identified as “executed” on the pre-preliminary plat. If the proprietor has an interest or owns any parcel as “excepted”, the pre-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 pre-preliminary plat;
(5) An indication of system proposed for sewage by a method approved by the City Council and the City Engineer;
(6) An indication of system proposed for water supply by a method approved by the City Council and the City Engineer;
(7) An indication of storm drainage proposed by a method approved by the City Council and the City Engineer and, if involving county drains, the proposed drainage shall be acceptable to the County Drain Commissioner; and
(8) In a case where the proprietor wishes to subdivide a given area, but wishes to begin with only a portion of the total area, but wishes to begin with only a portion of the total area, the pre-preliminary plat shall include the proposed general layout for the entire area. The part which is proposed to be subdivided 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.
(E) Pre-preliminary plat review by Planning Commission.
(1) The Clerk shall receive and check for completeness the pre-preliminary plat, as required under this section, if complete and basically in conformance with applicable municipal requirements. The Clerk shall place the proposal in the agenda of the next regular Commission meeting.
(2) The Clerk shall transmit a copy of the pre-preliminary plat to the City Engineer and the City Planner for their technical review and recommendations.
(3) The Commission shall review all details of the proposed subdivision within the framework of Ch. 150, within the various elements of the Master Plan and within the standards of this subchapter.
(5) The Commission shall approve conditionally, disapprove or approve the pre-preliminary plat.
(6) Should the approval be a conditional approval and therefore tentative, the pre-preliminary plat shall not be forwarded to the City Council until said conditions have been satisfied by the proprietor.
(7) Should the Commission disapprove the pre-preliminary plat, it shall record the reasons in the minutes of the regular meeting. A copy of the minutes shall be sent to the proprietor.
(8) Should the Commission find that all conditions have been satisfactorily met, it may give approval to the pre-preliminary plat. The Chairperson shall make a notation to that effect on each copy of the pre-preliminary plat and distribute copies of same as follows:
(a) Return one copy to the proprietor;
(b) Retain one copy which shall become a matter of permanent record in the Commission files;
(c) Forward one copy to the school board or school superintendent of the school district having jurisdiction in the area concerned; and
(d) Forward the remaining copies to the City Council via the Clerk’s office with recommendation for approval.
(F) Pre-preliminary plat review by City Council.
(1) The City Council will not review a pre-preliminary plat until it has received the review and recommendations of the Commission. Following the receipt of such recommendations, the City Council shall consider the pre-preliminary plat at such meeting that the matter is placed on the regularly scheduled agenda. The City Council shall take action on the pre-preliminary plat within 90 days of the date of filing, as defined herein.
(2) Should the City Council approve the pre-preliminary plat, it shall be deemed to confer upon the proprietor the right to proceed with the preparation of a preliminary plat.
(3) Approval of the pre-preliminary plat shall not constitute approval of the preliminary plat. It shall be deemed as approval of the layout submitted on the pre-preliminary plat as a guide to the preparation of a preliminary plat.
(4) The approval of the City Council shall be effective for a period of 12 months. Should the preliminary plat, in whole or in part, not be submitted within this time limit, a pre-preliminary plat must again be submitted to the Commission for approval.
(5) No installation or construction of any improvements shall be made at this time.
(1979 Code, § 5.282) (Ord. 45, passed 6-6-1972; Ord. 156, passed 3-18-2003)
§ 151.23 PRELIMINARY PLAT.
(A) Procedure. The procedure for the preparation and review of a preliminary plat requires tentative and final approval as follows.
(1) Ten copies of a valid and complete preliminary plat of the proposed subdivision, together with written application in triplicate and any other information required to be submitted under the Subdivision Act, M.C.L.A. §§ 560.101 to 560.293 shall be filed with the Clerk.
(2) The preliminary plat shall conform substantially to the pre-preliminary plat as approved, and it may constitute only that portion of the approved pre-preliminary plat which the proprietor proposed to record and develop at the time; provided, however, that such portion conforms to this subchapter.
(3) The Clerk shall check the proposed plat for completeness. Should any of the data required in the Subdivision Act, M.C.L.A. §§ 560.101 to 560.293 or § 151.22 be omitted, the Clerk shall be directed to inform the proprietor of the data required, that the application will be delayed until the required data is received.
(4) The Clerk shall transmit a copy of the valid and complete preliminary plat to the City Engineer and City Planner for their technical review and recommendations.
(B) Planning Commission review; tentative approval.
(1) The Clerk shall place the preliminary plat on the agenda of the next regular Planning Commission meeting.
(2) It shall be the duty of the Clerk to send a notice by registered or certified mail to the owners of land immediately adjoining the property to be platted of the presentment of the preliminary plat and the time and place of the meeting of the Commission to consider said preliminary plat. Said notice shall be sent not less than five days before the date fixed therefor.
(3) The preliminary plat shall be reviewed by the City Engineer as to compliance with the approved pre-preliminary plat and plans for utilities and other improvements.
(4) The City Engineer shall notify the Commission of his or her recommendation for either approval or rejection of the preliminary plat.
(5) The preliminary plat documents shall be reviewed by the Commission as to compliance with the approved pre-preliminary plat.
(6) Should the Commission find that the preliminary plat is in close agreement with the pre-preliminary plat, it shall approve same 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 its review.
(7) Should the Commission find that the preliminary plat does not conform substantially to the previously approved pre-preliminary plat and that it is not acceptable, it shall record the reason in their official minutes and forward same together with all accompanying data to the City Council and recommend that the City Council disapprove the preliminary plat until the objections causing disapproval have been changed to meet with the approval of the Commission.
(C) City Council; tentative approval.
(1) The City Council will not review a preliminary plat until it has received the review and recommendations of the Commission. Following the receipt of such recommendations, the City Council shall consider the preliminary plat at such meeting that the matter is placed on the regularly scheduled agenda. The City Council shall take action on the preliminary plat within approximately 60 days of the date of initial filing of the plat with the Clerk.
(2) Should the City Council tentatively approve the preliminary plat, it shall record its approval on the plat and return one copy to the proprietor.
(3) Tentative approval shall not constitute final approval of the preliminary plat.
(4) Tentative approval of the City Council shall be effective for a period of 12 months. Should the preliminary plat in whole or in part not be submitted for final approval within this time, the preliminary plat must again be submitted to the Commission and City Council for approval unless an extension is applied for by the proprietor and such request is granted in writing by the City Council.
(D) Preliminary plat review by City Council; final approval.
(1) The proprietor shall file a valid preliminary plat with the Clerk together with a certified list of all authorities required for approval in the Subdivision Act, M.C.L.A. §§ 560.112 to 560.119. The proprietor shall also provide approved copies of plats from each of the required authorities.
(2) The City Council shall take action on the preliminary plat within approximately 60 days of the submission of all necessary approved plats.
(3) If the preliminary plat conforms substantially to the plat tentatively approved by the City Council and meets all conditions laid down for tentative approval, the City Council shall give final approval to the preliminary plat.
(4) The Clerk shall promptly notify the proprietor of approval or rejection in writing; if rejected, reasons shall be given.
(5) (a) Final approval shall be effective for a period of 12 months from the date of final approval.
(b) The 12-month period may be extended if applied for by the proprietor and granted by the City Council in writing. Approval by the City Council of a final plan shall confer upon the applicant the right to a building permit for a period of 12 months from and after approval.
(c) Upon receipt of a building permit, reasonable construction shall be commenced within twelve months and be reasonably continued thereafter or the project plan and the building permit shall be declared invalid unless the applicant requests and obtains a new approval (renewal) from the City Council and Building Inspector.
(d) Prior to the City Council and Building Inspector allowing a renewal, the Planning Commission shall apply as its standards in determining to recommend renewal, the city’s then currently existing standards and requirements for approval.
(6) No installation or construction of any improvements shall be made before 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 §§ 151.55 through 151.58 have been received by the city.
(1979 Code, § 5.283) (Ord. 45, passed 6-6-1972; Ord. 156, passed 3-18-2003)
§ 151.35 STANDARDS.
The subdivision layout standards set forth under this section are development guides for the assistance of the proprietor. All final plans must be reviewed and approved by the City Council.
(1979 Code)
§ 151.36 STREETS.
(A) Minimum requirements. Streets shall conform to at least all minimum requirements of the general specifications and typical cross-sections as set forth in this subchapter and other conditions set forth by the City Council. All streets and their contents shall be constructed to standards identified and defined by the city and shall require formal approval of the City Engineer at appropriate times during construction as selected by the City Engineer and also upon completion of the street construction and installation of its contents. All streets must be located within the designated street right-of-way.
(B) Location and arrangements.
(1) The proposed subdivision shall conform to the various elements of the Master Plan and shall be considered in relation to the existing and planned major thoroughfares and collector streets and such part shall be platted in the location and width indicated on such plan.
(2) The street layout shall provide for continuation of collector streets in the adjoining subdivisions or of the proper projection of streets when adjoining property is not subdivided.
(3) The street layout shall include minor streets so laid out that their use by through traffic shall be discouraged.
(4) Should a proposed subdivision border on or contain an existing or proposed major thoroughfare, the Commission may require marginal access streets, reverse frontage or such other treatment as may be necessary for adequate protection of residential properties and to afford separation and reduction of traffic hazzards.
(5) Should a proposed subdivision border on or contain a railroad, expressway or other limited access highway right-of-way the 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 such as for parks in residential districts. Such distances shall be determined with due consideration of the minimum distance required for approach grades to future grade separation.
(6) Half streets shall be prohibited, except where absolutely essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the 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 dedicated or platted and recorded half street, the other half shall be platted.
(C) Right-of-way widths.
(1) Street right-of-way widths shall conform to at least the following minimum requirements.
Street Type | Right-of-Way Widths |
Street Type | Right-of-Way Widths |
Collector streets | 80 ft. |
Cul-de-sac streets; turn-arounds; industrial | 75 ft. radius |
Cul-de-sac streets; turn-arounds; residential and others | 60 ft. radius |
Industrial service streets | 80 ft. |
Major thoroughfare | 100 ft. |
Marginal access streets | 34 ft. |
Minor, single-family residential streets | 60 ft. |
Multiple-family residential streets; where platted | 60 ft. |
Turn-around loop streets | 120 ft. |
(2) Maximum length for residential cul-de-sac streets shall generally be 500 feet. Maximum length for industrial and other cul-de-sac streets may exceed 500 feet subject to the approval of the Commission.
(D) Street grades. For adequate drainage, the minimum street grade shall not be less than 0.5%. The maximum street grade shall be 6% except that the Commission may make an exception to this standard on the recommendation of the Engineer.
(E) Street geometries. Standards for maximum and minimum street grades, vertical and horizontal street curves and sight distances shall be established by ordinance or published rules of the City Council and shall in no case be less restrictive than the standards of the County Road Commission.
(F) Street intersections. Streets shall be laid out so as to intersect as nearly as possible to 90 degrees. Curved streets, intersecting with major thoroughfares and collector thoroughfares shall do so with a tangent section of centerline 50 feet in length, measured from the right-of-way line of the major or collector thoroughfare.
(G) Grading and centerline gradients. Per plans and profiles approved by the City Engineer.
(H) Street jogs. Street jogs with centerline offsets of less than 125 feet shall be avoided.
(I) Street parking. Street parking shall be allowed in areas designated specifically to accommodate vehicle parking and approved by the City Council during the site plan review and approval. All public and private streets shall be constructed to accommodate vehicle parking on at least one side, as shown on the site plan and approved by City Council.
(J) Street maintenance.
(1) All private streets and their contents which have not been conveyed and/or dedicated to the public shall be responsibly and timely maintained by their ownership. The streets and contents shall be kept in good repair. Accumulations of snow, ice and standing water shall be promptly removed. Appropriate actions shall be taken by the property owners to minimize safety hazards to vehicles and pedestrians.
(2) The master deed or subdivision covenants and restrictions shall contain adequate mechanisms to ensure that streets and sidewalks shall be properly maintained. Such provisions within the final master deed, restrictions and/or covenants shall be reviewed and approved by the City Engineer and City Attorney.
(1979 Code, § 5.291) (Ord. 45, passed 6-6-1972; Ord. 156, passed 3-18-2003)
§ 151.37 BLOCKS.
Blocks within subdivisions 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 Commission, conditions 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 layout.
(B) Public walkways.
(1) Location of public walkways or crosswalks may be required by the Commission to obtain satisfactory pedestrian access to public or private facilities such as, but not limited, to schools and parks.
(2) Widths of public walkways shall be at least 12 feet and shall be in the nature of an easement for this purpose.
(3) Sidewalks shall be constructed by the developer in compliance with city standards and located within public rights-of-way along existing public roadways on the side or sides of the roadway abutting the development. If sufficient land is unavailable within the then existing public right-of-way, the developer shall transfer sufficient land from the project to the public right-of-way to permit sidewalks to be constructed. These sidewalks shall be dedicated to public use. Maintenance and clearing of any sidewalk associated with the project which has been dedicated to public use shall be as for other public sidewalks within the city.
(C) Easements.
(1) Location of utility line easements shall be provided along the rear or side lot lines as necessary for utility lines. Easements shall give access to every lot, park or public grounds. Such easements shall be a total of not less than 12 feet wide, six feet from each parcel.
(2) Recommendations on the proposed layout of telephone and electric company easements should be sought from all of the utility companies serving the area. It shall be the responsibility of the proprietor to submit copies of the preliminary plat to all appropriate public utility agencies.
(3) Easements three feet in width shall be provided where needed along side lot lines so as to provide for street light dropouts. Prior to the approval of the final plat for a proposed subdivision, a statement shall be obtained from the appropriate public utility indicating that easements have been provided along specific lots. A notation shall be made on the final plat indicating: “The side lot lines between lots (indicating lot numbers) are subject to street light dropout rights granted to the (name of utility company)”.
(1979 Code, § 5.292) (Ord. 45, passed 6-6-1972; Ord. 156, passed 3-18-2003)
§ 151.38 LOTS.
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.
(2) Lot areas and widths shall conform to at least the minimum requirements of Ch. 150 for the district in which the subdivision is proposed.
(3) Building setback lines shall conform to at least the minimum requirements of Ch. 150.
(4) Corner lots in a residential subdivision shall be platted at least ten feet wider than the minimum width permitted by Ch. 150.
(5) Excessive lot depth in relation to width shall be avoided. A depth-to-width ratio of three to one shall normally be considered a maximum.
(6) Lots intended for purposes other than residential use shall be specifically designated for such purposes and shall have adequate provision for off-street parking, setbacks and other requirements in accordance with Ch. 150.
(B) Arrangement.
(1) Every lot shall front or abut on a street.
(2) Side lot lines shall be at right angles or radial to the street lines.
(3) Residential lots abutting major thoroughfares or collector streets, where marginal access streets are not desirable or possible to attain, shall be platted with reverse frontage lots or with side lot lines parallel to the major traffic streets or shall be platted with extra depth to permit generous distances between building and such traffic-way.
(4) Lots shall have a front-to-front relationship across all streets where possible.
(5) Where lots border upon bodies of water, the front yard may be designated as the waterfront side of such lot provided the lot has sufficient depth to provide adequate setback on the street side to maintain a setback for all structures equal to the front setback on the street side as well as on the waterfront side.
(1979 Code, § 5.293) (Ord. 45, passed 6-6-1972; Ord. 156, passed 3-18-2003)
§ 151.39 NATURAL FEATURES AND GREENBELTS.
(A) The natural features and character of lands must be preserved wherever possible.
(B) Due regard must be shown for all natural features such as large trees, natural groves, water courses and similar community assets that will add attractiveness and value to the property, if preserved. Existing trees shall be preserved wherever possible and removal must be justified to the city.
(C) A soil and sedimentation permit from the appropriate county department which administers the State Soil Erosion and Sedimentation Act, Public Act 451 of 1994, M.C.L.A. §§ 324.9101 through 324.9223a, must be obtained if any earth is to be disturbed within 500 feet of a river, drain or natural watercourse.
(D) Greenbelts acceptable to the city may be required to be placed next to incompatible features such as highways, commercial or industrial uses in order to screen the view from residential properties. Such screens or greenbelts shall be a minimum of 15 feet wide and shall not be a part of the normal road right-of-way or utility easement.
(E) Topsoil removal from areas to be developed shall be prohibited except in those areas to be occupied by buildings, roads or parking areas. A plan for storage or stockpiling and redistribution of all topsoil removed shall be submitted by the proprietor and requires approval by the city.
(1979 Code, § 5.295) (Ord. 45, passed 6-6-1972; Ord. 156, passed 3-18-2003)
§ 151.40 FLOODPLAINS.
Any areas of land within the proposed subdivision which lie either wholly or in part within the floodplain of a river, stream, creek or lake or any other areas which are subject to flooding or inundation by storm water shall require specific compliance with the Subdivision Act, M.C.L.A. §§ 560.101 to 560.293 and its review by the Water Resources Commission of the Department of Conservation.
(1979 Code, § 5.296) (Ord. 45, passed 6-6-1972)
§ 151.41 SURVEY MONUMENTS REQUIRED.
All subdivision projects shall be marked with monuments meeting the standards of M.C.L.A. § 560.125, as amended.
(Ord. 156, passed 3-18-2003)
§ 151.55 GENERAL REQUIREMENTS.
(A) The improvements set forth under this subchapter are to be considered as the minimum acceptable standard. All those improvements for which standards are not specifically set forth shall have said standards set by ordinance or published rules of the City Council. All improvements must meet the approval of the City Council.
(B) Prior to the undertaking of any improvements, the proprietor shall deposit with the Clerk cash, a certified check or irrevocable bank letter of credit running to the city, whichever the proprietor selects, to ensure faithful completion of all improvements within the time specified. The amount of the deposit shall be set by the City Council based on an estimate by the Engineer. All improvements shall be constructed and approved by the city within a length of time agreed upon from the date of approval of the final plat by the City Council. The City Council shall release fluids for the payment of work as it is completed and approved by the city.
(C) Prior to the acceptance by the city of improvements, a two-year maintenance bond in an amount set by the City Council shall be posted by the proprietor.
(D) Improvements shall be provided by the proprietor in accordance with the standards and requirements established in this subchapter and/or any other such standards and requirements which may from time to time be established by ordinance or published rules of the City Council.
(E) The following are street pavement width standards.
Street Type | Pavement Width (Measured from the Face of the Curb to the Face of the Curb) |
Street Type | Pavement Width (Measured from the Face of the Curb to the Face of the Curb) |
Alley | 20 ft. |
Collector streets | 56 ft. |
Cul-de-sac streets; turn-arounds; industrial | 65 ft. radius |
Cul-de sac streets; turn-arounds; residential and other | 45 ft. radius |
Industrial streets | 40 ft. |
Major thoroughfare | In conformance with the standards and specifications established by the City Council |
Marginal access streets | 24 ft. |
Minor residential streets | 28 ft. |
Multiple-family residential streets; dedicated streets | 56 ft. |
Multiple-family residential streets; undedicated streets | 51 ft.; asphaltic or concrete pavement with concrete curbs and gutter on each side |
Turn-around streets; loop streets | Not less than 80 ft. diameter at terminating loop |
(1979 Code, § 5.311) (Ord. 45, passed 6-6-1972)
§ 151.56 UTILITIES.
(A) Requirements for underground wiring.
(1) The proprietor shall make arrangements for all lines for telephone, electric, television and other similar services distributed by wire or cable to be placed underground entirely throughout a 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, provided only that overhead lines may be permitted upon written recommendation of the Engineer, planner, Commission and the approval 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.
(2) 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 constructed in accordance with standards of construction approved by the State Public Service Commission. All drainage and underground utility installations which traverse privately owned property shall be protected by easements granted by the proprietor.
(B) Sewage disposal.
(1) A sanitary sewer system, including all appurtenances, shall be required in all subdivisions which shall connect and outlet into the city sanitary sewer system. When a proposed subdivision is located within, adjacent to or within a distance defined in the then existing city code or the service area of an available public sanitary sewer system, then, sanitary sewers and other appurtenances thereto, as approved by the City Engineer and built to standards identified and defined by the city, shall be installed by the developer in such a manner as to serve all subdivision units in the initial phase of construction and designed to serve all subsequent phases if subsequent phases are contemplated.
(2) The city shall require all public sanitary sewer lines extending to the point of a tap, including the tap, to private use to be installed within the right-of-way or withing the general commons and conveyed and/or dedicated to the public when, in the opinion of the city, conveyance and/or dedication of the same would be in the best interest of the public. Sanitary accepted by the city shall thereafter be regulated by the city code and subject to design standards of the city and have associated assessments assigned to the appropriate property owner(s), if such assessments should be required.
(3) Where a public sewer system is not available, on-site sewage disposal may only be employed if approved by the county in which they are to be installed and/or the state.
(C) Water supply.
(1) A water supply system including appurtenances shall be required in all subdivisions which shall be connected to the city water supply system. When a proposed subdivision is located within, adjacent to or within a distance defined by the then existing city code of the service area of an available public water system then water mains, fire hydrants and required water system appurtenances thereto, as approved by the City Engineer and built to standards defined and identified by the city, shall be installed by the developer in such a manner as to adequately serve all subdivision units in the initial phase of construction and designed to serve subsequent phases if subsequent phases are contemplated as shown on the final subdivision plan, both for domestic use or business use and fire protection.
(2) The city shall require all public water lines and appurtenances extending to the point of a tap, and further to include the shut off box, to a private use be built to city standards and installed within the right-of-way or within the general commons and conveyed dedicated to the public when, in the opinion of the city, conveyance and/or dedication of the same would be in the best interest of the public. City water services which have been dedicated to the public and accepted by the city shall thereafter be regulated by the city code and subject to design standards of the city and associated assessments assigned to the appropriate property owner(s), if such assessments should be required. In the event of the nonavailability of a public water supply system, a private water supply system shall be provided by the developer as regulated by the city and county in which the private water supply is to be installed and the state, if applicable.
(D) Storm drainage system.
(1) An adequate storm drainage system including necessary storm sewers, catch basins, manholes, culverts, bridges and other appurtenances shall be required in all subdivisions. Adequate provision shall be made for proper drainage of storm water run-off from residential rear yards. Each yard shall be self-contained and shall be drained from rear to front except where topography or other natural features require otherwise.
(2) The city may require that all storm sewers be installed within the right-of-way or within the general commons and conveyed and/or dedicated to the public when, in the opinion of the city, conveyance and/or dedication of the same would be in the best interest of the public. Storm drains which have been dedicated to the public and accepted by the city shall thereafter be regulated by the city code and subject to design standards of the city and have associated assessments assigned to the appropriate property owner(s), if such assessments should be required.
(3) A detention basin is required for all subdivisions, unless the property is located adjacent to an existing body of water and the petitioner submits a hydraulic study prepared by a registered engineer which shows the run-off from the development will not adversely affect any downstream properties. Any run-off from a subdivision project which enters a body of water under the jurisdiction of the MDEQ must be approved by the MDEQ. A sedimentation basin shall be provided for all subdivisions that do not require detention.
(4) No detention or retention pond shall be placed within a residential lot or yard. Detention and retention ponds in residential developments shall be placed in outlots (an area within a development which is restricted from use for building), so dedicated with appropriate easements for drainage purposes.
(E) Easements for utilities. The subdivision plan shall include all necessary easements granted to the city for the purpose of constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or moving pipelines, mains, conduits and other installations of a similar nature (hereafter called, “public structures”) for the purpose of providing public utilities, including conveyances of sewage, water and storm run-off across, through and under the property subject to such easement, and excavating and refilling ditches and trenches necessary for the location of such public structures.
(1979 Code, § 5.312) (Ord. 45, passed 6-6-1972; Ord. 156, passed 3-18-2003)
§ 151.57 OTHER IMPROVEMENTS.
(A) Sidewalks.
(1) Major thoroughfares. A five-foot wide concrete sidewalk located one foot from the property line on the side or sides of the roadway abutting the subdivision shall be provided. In those instances where no good purpose would be served by the provision of sidewalks, the City Council may waive this requirement.
(2) Collector streets. A five-foot concrete sidewalk located one foot from the property line on each side of the roadway shall be provided. In those instances where no good purpose would be served by the provision of sidewalks, the City Council may waive this requirement.
(3) Minor streets. A five-foot concrete sidewalk located one foot from the property line on each side of the roadway shall be provided. In those instances where no good purpose would be served by the provision of sidewalks, the City Council may waive this requirement.
(4) Marginal access streets. A five-foot concrete sidewalk located one foot from the property line on the private property side of the roadway shall be provided. In those instances where no good purpose would be served by the provision of sidewalks, the City Council may waive this requirement.
(5) Public walkways. The surface of the walkways shall be developed in concrete. Planting pockets shall be provided in public walkways for tree and shrub planting. The planting plan and surface treatment shall meet the approval of the Commission. Fences and/or other improvements may also be required if the Commission and/or City Council determines they are necessary to protect the adjacent property owners.
(B) Trees and landscaping.
(1) Existing trees near street rights-of-way shall be preserved by the proprietor. Street trees shall be provided at least one per lot, and shall be placed in the separation strip at such location as required by the Planning Commission.
(2) It shall be the intent of the Planning Commission to recommend site plans which promote the presence of a natural environment along the streetscape by including suitable and appropriate plantings such as trees and the like which develop in a way consistent with the safety aspects of vehicles and pedestrians.
(3) This requirement may be waived by the Planning Commission in cases where the site contains substantial woodlands which are to be preserved, and where, in the opinion of the Planning Commission, no useful public purpose would be served. Unless, otherwise approved by the city, street trees, when required, shall be planted within the strip between the sidewalk and the pavement.
(4) Tree species should be selected for tolerance of the harsh roadside conditions, for compliance with sight distance requirements, to ensure maintenance of accessibility to fire hydrants, to provide minimum overhead clearance of 15 feet over any street and eight feet over a sidewalk or bike path and to avoid interference with overhead or underground utility lines.
(5) Plantings within 15 feet of a fire hydrant shall be no taller than six inches.
(6) The development and planting of required street trees and landscaping shall be the responsibility of the developer/proprietor; not the individual resident.
(7) Street trees shall be at least 50 feet from the intersection of two street right-of-way lines or access easements. Street trees shall be placed to avoid future driveway locations.
(8) Street trees shall be at lease five feet from the edge of any paved surface.
(9) All unimproved surface area of the commons or parcel shall be planted with grass, ground cover, shrubbery or other suitable landscape material, except where patios, decks, driveways and similar site features are allowed.
(C) Street names and signs.
(1) For the purpose of ensuring proper response by emergency vehicles, road name signs and traffic control signs shall be installed within the subdivision in accordance with the standards of the city.
(2) Street names shall be designated in a manner so as not to duplicate or be confused with existing streets within the postal code of the city. For private streets, in addition to the above requirements, a sign meeting the city standards, with the words, “not a public street”, shall be installed and maintained at all points where private streets meet public streets.
(D) Street lighting. For the purpose of protecting public safety, street lights meeting the standards of the city and the public utility providing the lighting shall be installed by the developer and maintained within the subdivision at all street intersections. The association of co-owners shall be responsible for the full cost of operation and maintenance of the street lights on private streets.
(1979 Code, § 5.313) (Ord. 45, passed 6-6-1972; Ord. 156, passed 3-18-2003)
§ 151.58 COMPLIANCE REQUIRED.
(A) The approvals required under the provisions of this subchapter shall be obtained prior to the installation of any subdivision or project improvements within the city in public streets, public alleys, public rights-of-way and public easements and/or under the ultimate jurisdiction of the city.
(B) All subdivision or project improvements within the city installed in public streets, public alleys, public rights-of-way or public easements and/or under the ultimate jurisdiction of the city shall comply with all of the provisions and requirements of this code.
(C) Prior to issuance of a building permit for residential, commercial or industrial structures, the developer shall demonstrate to the Building Inspector approval by the county(s) and state entities having jurisdiction with regard to any aspect of the development.
(D) Prior to issuance of a building permit for structures within the project, the City Engineer shall verify that all improvements such as, but not limited to, streets, water supply, sewage disposal, storm drainage and other utilities have been completed or are in a timely schedule in accordance with the approved plan.
(E) Prior to issuance of a building occupancy certificate, the developer shall provide to the Building Inspector an “as built survey” for the building, including its location, which verify that the subject building in compliance with all provisions of the approved zoning and planning ordinances.
(F) The Building Official may allow occupancy of the development before all improvements required by this subchapter are installed, provided that a cash performance guaranty, a certified check or an irrevocable bank letter of credit is submitted sufficient in amount and type to provide for the installation of such improvements without expense to the city. The return of the funds may be phased as certain improvements are completed.
(G) All improvements shall be completed within a time period specified by the Building Inspector, but in no instance shall the time be greater than six months from the date of issuance of the temporary occupancy certificate. If the improvements are not made withing the specified time limits, the entire performance guaranty shall be forfeited in full to the city.
(1979 Code, § 5.314) (Ord. 45, passed 6-6-1972; Ord. 156, passed 3-18-2003)