This chapter may be cited as the “Subdivision and Land Division Ordinance of the City of St. Johns.”

(Ord. 509, passed 4-22-2002)

   The purpose of this chapter is to regulate and control the division of land within the corporate limits of the city in order to promote the public health, safety, comfort, convenience, and the general welfare of the inhabitants of the city, to provide a means for carrying out the city’s responsibilities relative to the platting of land under the laws of the state, and to provide for the orderly growth and harmonious development of the city, consistent with the Community Development Plan and the Zoning Code; to secure adequate traffic circulation through coordinated street systems so as to lessen congestion on the streets and highways; to insure adequate provisions for water, drainage and sanitary sewer facilities, and other health requirements; to achieve the safety and welfare on individual lots; and to provide logical and reasonable procedures for the achievement of these purposes.

(Ord. 509, passed 4-22-2002)

   These regulations shall not apply to any lot forming a part of a subdivision created or recorded prior to the effective date of Ord. 246 except for the regulations in § 154.71 dealing with the division of platted lots. Nor is it in any way intended to repeal, abrogate, annul or in any way impair or interfere with existing and unrepealed provisions of other laws or ordinances or with private restrictions placed upon property by deed, covenant or other private agreement or with the land to which the city is a party.

(Ord. 509, passed 4-22-2002)

   Those regulations are enacted pursuant to the authority granted by statutes governing municipal planning, being M.C.L.A. §§ 125.31 et seq., (Public Act 285 of 1931), as amended, and the Land Division Act (Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293).

(Ord. 509, passed 4-22-2002)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ALLEY. A public or private right-of-way shown on a plat which provides secondary access to a lot, block, or parcel of land.

   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.

   BLOCK. A piece of or parcel of land entirely surrounded by public highways, streets, streams, railroad, right-of-way, a park, and the like, or a combination thereof.

   COMMUNITY DEVELOPMENT PLAN. The City of St. Johns Community Development Plan, prepared, adopted, and amended pursuant to Public Act 285 of 1931, as amended, being M.C.L.A. §§ 125.31 et seq.

   CROSSWALK. A right-of-way dedicated to public use which crosses a block to facilitate pedestrian access to adjacent streets and properties.

   EASEMENT. A grant by the owner of the use of a strip of land by the public, a corporation, or persons for specific uses or purposes and shall be designated as public or private depending on the nature of the user and in conformance with the Land Division Act, being M.C.L.A. 560.101 et seq.

   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 ten 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 access.

   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 City Commission of the City of St. Johns.

   IMPROVEMENTS. Grading, street surfacing, curb and gutter, sidewalks, street lighting, crosswalks, water mains and lines, fire hydrants, sanitary sewers, storm sewers, street trees, culvert, 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 and fined in a recorded plat.

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

   OUTLOT. When included within the boundary of a recorded plat, means a lot set aside for purposes other than a building site, park, or other land dedicated to public use or reserved for private use.

   PLANNING COMMISSION. The Planning Commission as established for the City of St. Johns.

   PLAT. A map or chart of a subdivision of land.

      (1)   PRELIMINARY PLAT. A map showing the salient features of a proposed subdivision submitted to an approving agency for the purpose of preliminary consideration.

      (2)   FINAL PLAT. A map of all or part of a subdivision prepared and certified as to its accuracy by a registered professional civil engineer or registered land surveyor. The FINAL PLAT map shall meet the requirements of the Land Division Act of 1967, being M.C.L.A. 560.101 et seq., and be acceptable for recording in accordance with that or succeeding Acts.

      (3)   REPLAT. The process of changing the map or plat which changes the boundaries of a recorded subdivision plat or part thereof. The legal dividing of an outlot within a recorded subdivision plat without changing the exterior boundaries of the outlot is not a replat.

   PUBLIC OPEN SPACE. Land dedicated or reserved for public ties. Includes parks, parkways, recreation areas, school sites, community or public building sites, and other public spaces.

   PUBLIC UTILITY. Any person, firm, corporation, copartnership, or municipal authority providing such public utilities as gas, electricity, water, steam, telephone, sewer, transportation, and other services of a similar nature.

   RIGHT-OF-WAY. Land reserved, used, or to be used for a street, alley, walkway or other public purpose.

   SETBACK LINE, REQUIRED. The line delineating the minimum required depth under the Zoning Code of the front yard.

   STREET. A right-of-way dedicated to public use, which provides vehicular access to adjacent properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, lane, or however otherwise designated comprising all the land between right-of-way lines, whether improved or unimproved, and may include pavement, curbs, gutters, shoulders, sidewalks, parking areas, lawn areas, and other areas within the right-of-way lines.

      (1)   LOCAL STREET. A street supplementary to a major street or collector street intended to serve the local needs of the neighborhood and of limited continuity used primarily as access to abutting residential properties and as so classified by the city.

      (2)   CUL DE SAC. A minor street of short length having one end open to traffic and being permanently terminated at the other end by a vehicular turn around.

      (3)   COLLECTOR STREET. A street intended to serve as a major means of access from minor streets to major thoroughfares and as so classified by the city.

      (4)   MAJOR STREET. An arterial street of great continuity which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond and as so classified by the city.

      (5)   HALF STREET. A street having lesser than the required right-of-way width for a street of full width as required by this chapter.

      (6)   TURN-AROUND. A short boulevard street permanently terminated by a vehicular turn- around.

   SUBDIVIDER. An individual, firm, association, syndication, co-partnership, corporation, trust, or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

   SUBDIVISION or SUBDIVIDE. 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, that results in one or more parcels of less than 40 acres or the equivalent and that is not exempted from the platting requirements of the Land Division Act, Sections 108 and 109, being M.C.L.A. §§ 560.108 and 560.109. Subdivide or subdivision does not include a property transfer between two or more adjacent parcels if the property taken from one parcel is added to an adjacent parcel and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the Land Division Act, this chapter and other local ordinances.

   TOPOGRAPHICAL MAP. A map showing existing characteristics with contour lines at sufficient intervals to permit determination of proposed grades and drainage.

(Ord. 509, passed 4-22-2002)

   (A)   The street and lot layout of a nonresidential subdivision shall be appropriate to the land use for which the subdivision is proposed and shall conform to the proposed land use and standards established in the Comprehensive Development Plan, Master Street Plan and Zoning Code. For the purposes of this chapter, nonresidential subdivisions shall include industrial parks and office parks, and may include neighborhood, community and/or general commercial districts.

   (B)   In addition to the principles and standards contained in these regulations, the subdivider shall demonstrate to the satisfaction of the Planning Commission that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and take account of other uses in the vicinity. The following additional principles and standards shall also be observed:

      (1)   Proposed parcels shall be suitable in area and dimensions to accommodate the types of uses anticipated;

      (2)   Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated;

      (3)   Special requirements may be imposed by the city in respect to the installation of public utilities;

      (4)   Special requirements may be imposed by the City Commission with respect to street, curb, gutter, and sidewalk design and construction;

      (5)   Every effort shall be made to protect adjacent residential areas from potential nuisance resulting from the proposed nonresidential subdivision, including the provision of extra depth in parcels backing up to existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary;

      (6)   Streets carrying nonresidential traffic shall not be extended to the boundaries of adjacent existing or potential residential areas or connected to streets intended for predominately residential traffic;

      (7)   Nonresidential subdivisions shall be located on either a major thoroughfare or secondary street.

(Ord. 509, passed 4-22-2002)

   Any restriction required to be placed on platted land by the City Commission shall vest in the Commission the right to enforce the restriction in a court of competent jurisdiction against anyone who has, or acquired, an interest in the land subject to the restriction. The restriction may be waived or released in writing but only by the City Commission having the right of enforcement.

(Ord. 509, passed 4-22-2002)

   Any division of property not covered by the subdivision plat or lot split review procedures of this chapter, by the Condominium Act, being M.C.L.A. §§ 559.101 et seq., or meeting the definition of an exempt split under the Land Division Act, being M.C.L.A. §§ 560.101 et seq., shall require review and approval under the terms of this section as a land division.

   (A)   Application for land division approval. An applicant shall file all of the following with the City Clerk or other official designated by the City Commission 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:

      (1)   A completed application form on such form as may be provided by the city;

      (2)   Proof of fee ownership of the land proposed to be divided;

      (3)   A survey map of the land proposed to be divided, prepared pursuant to the survey map requirements of Public Act 132 of 1970, being M.C.L.A. § 54.211, by a land surveyor licensed by the state 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;

         (a)   In lieu of such survey map, at the applicant’s option, the applicant may waive the 30 day statutory requirement 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 division (E) of this section;

         (b)   The City Commission or its designated agent delegated such authority by the governing body 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;

      (4)   Proof that all standards of the State Land Division Act and this chapter have been met;

      (5)   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;

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

      (7)   If transfer of division rights are proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer;

      (8)   Unless a division creates a parcel which is acknowledged and declared to be not buildable under this chapter, all divisions shall result in buildable parcels containing sufficient buildable area outside of unbuildable wetlands, flood plains 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 on the site;

      (9)   The fee as may from time to time be established by resolution of the City Commission for land division pursuant to this chapter to cover the costs of review of the application and administration of this chapter and the State Land Division Act.

   (B)   Procedure for review of applications for land division approval.

      (1)   Upon receipt of a land division application package, the City Clerk or other official designated by the City Commission shall forthwith submit the same to the City Assessor or other designated official for decision. The City Assessor or other designee 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 30 days after receipt of the application package conforming to this chapter’s requirements and shall promptly notify the applicant of the decisions and the reasons for any denial. If the application package does not conform to this chapter’s requirements and the State Land Division Act, the Assessor or other designee shall return the same to the applicant for completion and re-filing in accordance with this chapter and the State Land Division Act.

      (2)   Any person or entity aggrieved by the decision of the Assessor or designee may, within 30 days of the decision, appeal the decision to the City Commission or such other board or person designated by the City Commission which shall consider and resolve such appeal by a majority vote of the board or by the 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.

      (3)   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 Clerk or other designated official accomplishing the approved land division or transfer.

      (4)   The City Assessor or designee shall maintain an official record of all approved and accomplished land divisions or transfers.

   (C)   Standards for approval of land divisions. A proposed land division shall be approved if the following criteria are met:

      (1)   All the parcels to be created by the proposed land divisions(s) fully comply with the applicable lot (parcel), yard and area requirements of the city 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, maximum lot (parcel) coverage and minimum setbacks for existing buildings/structures;

      (2)   The proposed land division(s) comply with all requirements of the State Land Division Act and this chapter;

      (3)   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 chapter. 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 one or more parcels.

      (4)   The ratio of depth to width of any parcel created by the division does not exceed a four to one ratio exclusive of access roads, easements, or nonbuildable parcels created under this chapter and parcels added to contiguous parcels that result in all involved parcels complying with said ratio. The permissible depth of a parcel created by a land division shall be measured within the boundaries of each parcel from the abutting road right-of-way to the most remote boundary line point of the parcel from the point of commencement of the measurement. The permissible minimum width shall be as defined in the applicable zoning ordinance.

      (5)   Satisfactory evidence of the suitability of each proposed land division for on-site sewage disposal and a potable on-site water supply is provided from the Mid-Michigan Health Department or State Department of Environmental Quality unless public water and sewer service is available to the site.

   (D)   Allowance for approval of other land divisions. Notwithstanding disqualification from approval pursuant to this chapter, 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 chapter may be approved in any of the following circumstances:

      (1)   Where the applicant executes and records an affidavit or deed restriction with the 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;

      (2)   Where, in circumstances not covered by subsection (1) above, the Zoning Board of Appeals has, previous to this chapter, granted a variance from the lot, yard, depth to width ratio, frontage and/or area requirements with which the parcel failed to comply;

      (3)   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 chapter, any applicable zoning ordinance or the State Land Division Act.

   (E)   Consequences of noncompliance with land division approval requirement. Any parcel created in noncompliance with this chapter 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 chapter shall subject the violator to the penalties and enforcement actions set forth in § 154.99 and as may otherwise be provided by law.

(Ord. 509, passed 4-22-2002)

   The provisions of the Land Division Act, being Public Act 288 of 1967, not specifically referred to herein, shall apply to the development of all subdivisions in the city.

(Ord. 509, passed 4-22-2002)

   (A)   The subdivider or developer may wish, at their option, to present a conceptual representation of the entire proposed subdivision to the city for information and feedback. The City Planning Commission is not required to vote to approve or deny, but can give the developer their preliminary recommendations on the proposed subdivision. Recommendations at this stage shall not infer approval at later stages.

   (B)   The following items shall be required if the developer wishes to submit a pre-preliminary plat:

      (1)   A completed application form;

      (2)   Lot sizes and lot dimensions;

      (3)   Street layout;

      (4)   Zoning of the property within the enclosed plat;

      (5)   Drainage patterns;

      (6)   Proposed location of water and sewer lines.

   (C)   The developer shall submit ten copies to the City Zoning Administrator at least 30 days prior to the meeting at which the Planning Commission shall review the plat. City staff shall review the plat and provide written comments to the Planning Commission. The developer shall be provided comments from the Commission and staff on their pre-preliminary plat.

(Ord. 509, passed 4-22-2002)

   (A)   Before a preliminary plat is submitted to the City Commission, it shall first receive the recommendations of the Planning Commission in conformance with the following regulations. The subdivider or developer shall submit a complete preliminary plat package to the clerk of the Planning Commission at least 20 days prior to the regular Planning Commission meeting at which he is scheduled to appear. The Planning Commission will act within 30 days of said regular meeting unless the subdivider agrees to an extension of time in writing.

   (B)   In filing the preliminary plat package, the subdivider shall submit the following:

      (1)   Ten copies of an application form for a preliminary plat review;

      (2)   Ten copies of a complete preliminary plat;

      (3)   Fee as established by City Commission resolution.

(Ord. 509, passed 4-22-2002)

   The preliminary plat shall contain the following information:

   (A)   Proposed name of subdivision;

   (B)   Location by legal description;

   (C)   Names and addresses of the proprietor and the engineer or surveyor who designed the subdivision layout;

   (D)   Date, north point, and scale (scale of the preliminary plat shall be one inch equals 100 feet as an acceptable minimum);

   (E)   Layout of streets, including proposed names, rights-of-way widths, and connections to adjoining platted streets and easements, public walkways and lot lines within the plat, and easements and street rights-of-way on land within 200 foot of the proposed plat and adjoining sidewalks;

   (F)   Topography drawn as contours with an interval of not more than two feet. Where existing ground surface will remain substantially unchanged, proposed grades of streets will be shown by superimposed contours in a characteristic clearly distinguishable from the existing ground contours. Where substantial alteration of existing ground surface is proposed, a separate contour map shall show the proposed revised ground surface and street grades;

   (G)   Layout, numbers, and dimensions of lots, including building setback lines showing dimensions and a closed boundary. If any outlots are proposed in the plat, the specific purpose of each outlet shall be indicated;

   (H)   Indication of the proposed uses of parcels to be dedicated or set aside for public use or for the use of the property owners in the subdivision or lands set aside for future street connections;

   (I)   An indication of the system proposed for sewage disposal by a method approved by the Michigan Department of Health, the Clinton County Health Department, and the City Commission;

   (J)   An indication of the storm drainage proposed by a method approved by the City Commission and, if involving county drains, the proposed drainage shall be acceptable to the Clinton County Drain Commissioner;

   (K)   In the case where the proprietor wishes to subdivide a given area but wishes only to begin with a portion of the total area, the preliminary plat shall include a 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.

(Ord. 509, passed 4-22-2002)

   (A)   The proposed preliminary plat shall be placed on the agenda of the next regular Planning Commission meeting which follows the submittal of a complete preliminary plat package, but no less than 20 days. Should any required data be omitted, the proprietor shall be notified in writing of the specific data required, and the Planning Commission shall delay further action until said data is received.

   The Planning Commission shall recommend approval, conditional approval or rejection of the preliminary plat.

   (B)   The Planning Commission shall review the preliminary plat in the following manner:

      (1)   All details of the proposed preliminary plat shall be reviewed with reference to the requirements of the Zoning Code, the various elements of the Community Development Plan, and the design standards set forth in this chapter. The Planning Commission may, at its discretion, transmit copies of the preliminary plat to the City Engineer and the City Manager for their review. The Planning Commission shall transmit copies of the preliminary plat to all city departments concerned with the development and may transmit a copy to the St. Johns School Board for review and recommendation;

      (2)   It shall be the duty of the Planning Commission via the City Clerk’s office to send notice by first class mail to the proprietor and to property owners immediately adjacent to the property to be platted of presentment of the preliminary plat and the time and place of the meeting of the Planning Commission to consider the preliminary plat. The notice shall be sent not less than five days before the meeting date fixed therefor. The Planning Commission shall act on the preliminary plat in sufficient time to permit the City Commission to act within the time limit required by Land Division Act of 1967, M.C.L.A. § 560.112.

         (a)   Should the recommendation be a conditional approval and therefore tentative, and if the proprietor shall in writing have waived the time requirement set forth by this chapter, the preliminary plat shall not be forwarded to the City Commission until the conditions have been satisfied by the proprietor. The revised preliminary plat shall be marked a revision and shall follow the filing procedure set forth in this chapter.

         (b)   Should the Planning Commission recommend rejection of the preliminary plat, it shall record the reasons in the minutes of that meeting. A copy of the minutes and all copies of the preliminary plat shall be forwarded to the City Commission.

         (c)   Should the Planning Commission find that all conditions have been met satisfactorily, it shall recommend approval of the preliminary plat. The Chairperson or Clerk of the Planning Commission shall make a notation to that effect on each copy of the preliminary plat, returning one copy to the proprietor, forwarding four copies to the City Commission via the City Clerk’s office and retaining one copy for its files.

(Ord. 509, passed 4-22-2002)

   The City Commission shall not review a preliminary plat until it has received a recommendation on the plat from the Planning Commission. Following the receipt of such recommendations, the City Commission shall consider the preliminary plat at a meeting at which the matter is placed on the regularly scheduled meeting agenda. The meeting shall be held within 30 days of the date of the regular Planning Commission meeting at which the preliminary plat was considered, except that the entire review process of the Planning Commission and the City Commission, barring an extension agreed to in writing by the proprietor, shall not exceed a period of 90 days from the date of submittal by the proprietor to the Planning Commission, to the date of approval or rejection by the City Commission.

   (A)   Should the City Commission issue tentative approval of the preliminary plat, it shall be deemed to confer upon the proprietor for a period of one year from the date, approval of lot sizes, lot orientation, and street layout. Such tentative approval may be extended if applied for by the proprietor and granted by the City Commission in writing.

   (B)   Should the City Commission reject the preliminary plat, it shall record the reasons for such action in the minutes of the meeting at which the preliminary plat was rejected and notify the proprietor in writing of such action with its reasons.

(Ord. 509, passed 4-22-2002)

   (A)   The proprietor shall submit to the City Commission, via the City Clerk, copies of all preliminary plats approved by the reviewing authorities, listed in Land Division Act of 1967, M.C.L.A. §§ 560.112 through 560.119, as necessary: the Clinton County Road Commission, the Clinton County Drain Commissioner, the Michigan Department of Transportation, the Michigan Department of Natural Resources, the Michigan Department of Environmental Quality and the Mid-Michigan Health Department.

   (B)   The City Commission shall review the preliminary plat at its next meeting, or within 20 days from the date of submission, and approve it if the proprietor has met all conditions laid down for approval of the preliminary plat. The City Commission shall instruct the City Clerk to notify the proprietor of approval or rejection in writing and, if rejected, to give the reasons. The City Commission shall instruct the City Clerk to note all proceedings relative to the preliminary plat in the minutes of the meeting, which minutes shall be open for public inspection. Final approval of the preliminary plat under this section shall confer upon the proprietor for a period of two years from the date of approval the conditional right, that the general terms and conditions under which preliminary plat approval was granted will not be changed. The two year period may be extended if applied for by the proprietor and granted by the City Commission in writing. Written notice of such extension shall be sent by the City Commission via the City Clerk’s office to all approving authorities.

   (C)   After receiving final approval of his preliminary plat but before proceeding with the construction of any public improvements, the proprietor shall submit four copies of complete street, street lighting, water, storm, and sanitary sewer plans, and specifications prepared and sealed by an engineer registered in this state. The method indicated for the disposal of sewage shall be acceptable to the Michigan Department of Health, the Mid-Michigan Health Department, and the City Commission and the proposed method of storm drainage involving county drains shall be acceptable to the Clinton County Drain Commissioner.

(Ord. 509, passed 4-22-2002)

   Following final approval of the preliminary plat by the City Commission, the proprietor shall cause a survey and five true plats thereof to be made by a registered land surveyor.

   (A)   A final plat shall not be accepted after the date of expiration of the final preliminary plat approval.

   (B)   The proprietor shall submit a final plat to the City Clerk at least ten days prior to the regular meeting of the Planning Commission at which he is scheduled to appear. In filing, the proprietor shall submit the following:

      (1)   Fees as established by the City Commission by resolution;

      (2)    Five linen backed copies of the proposed final plat.

(Ord. 509, passed 4-22-2002)

   The final plat shall comply with the provisions of the Land Division Act of 1967, as amended, being M.C.L.A. §§ 560.101 et seq., and shall contain, in addition, the following information:

   (A)   The necessary easements along side lot lines that street light drop outs have been granted to the appropriate public or private utility;

   (B)   The subdivider shall submit an abstract of title certified to date with an opinion from an attorney-at-law as to title showing all interests of record, or, at the option of the subdivider, a policy of title insurance for examination in order to ascertain whether or not the proper parties have signed the plat;

   (C)   As-built drawings of all completed improvements with letters from the approving agencies that the improvements were built in compliance with their standards and are approved. For any improvements not completed prior to final plat approval, the proprietor will submit copies of approved construction plans with letters from the approving agencies indicating that the plans have been approved.

(Ord. 509, passed 4-22-2002)

   The final plat documents shall be transmitted to the Clerk of the Planning Commission for review as to compliance with the approved preliminary plat. The Planning Commission shall act on the final plat within 30 days from the date of submission to the City Clerk or at its next regularly scheduled meeting.

   (A)   Should the Planning Commission find that the final plat is in substantial agreement with the preliminary plat, it shall approve same and notify the City Commission of this action.

   (B)   Should the Planning Commission find that the plat does not conform to the previously approved preliminary plat, and that it is not acceptable, it shall state the reason in its official minutes and forward same to the City Commission and recommend that the City Commission disapprove the final plat until the objections are removed.

(Ord. 509, passed 4-22-2002)

   Upon receipt of the final plat from the Planning Commission, the City Commission shall review the final plat and all recommendations of the Planning Commission and shall take action to approve or disapprove the final plat at its next regular meeting or at a meeting called within 20 days of the date of receipt.

   (A)   The City Commission shall require of the proprietor, as a condition of final plat approval, a cash deposit, certified check, or irrevocable bank letter of credit, whichever the proprietor elects, running to the city to insure, within the time specified in the contract, the performance of any contract relation with the city relative to improvement of public places or parts thereof that have not been completely installed or constructed at the time of final plat approval and shall require either a cash deposit, certified check, or irrevocable bank letter of credit, whichever the proprietor elects, running to the city for the full cost, as estimated pursuant to § 154.49, of any required public improvements or parts thereof that have not been completely installed or constructed at the time of final plat approval, to insure the installation of such required public improvements within the time specified in the contract after approval of the plat; provided, the city shall refund to the proprietor as the work progresses, amounts of any cash deposits, or allow the appropriate reduction in security, in amounts equal to the cost of completed units of work stipulated in the agreement prepared pursuant to § 154.49, performance guarantee, and satisfactory accomplishment of the construction milestones noted therein.

   (B)   After the City Commission has approved the final plat, no change shall be made therein unless the final plat is resubmitted for review and approval in accordance with the provisions of this chapter.

   (C)   Upon approval of the final plat, the subsequent approvals shall follow the procedure set forth in the Land Division Act of 1967.

   (D)   A certificate of approval of the final plat shall be affixed to the plat by the surveyor and all copies of the final plat signed by the City Clerk on behalf of the City Commission upon approval of the final plat by the body.

(Ord. 509, passed 4-22-2002)

   It is the purpose of this section to establish and define the public improvements which will be required to be provided by the proprietor as conditions for final plat approval.

   (A)   All water, sanitary sewer, storm drainage, street and sidewalk improvements shall comply with the city’s engineering and construction standards.

   (B)   (1)   Accessible public drainage system. Where a storm drain is reasonably accessible, each lot within the subdivided area shall be provided with a connection thereto. All connections shall be subject to the approval of the City Engineer and all materials used in such system shall be subject to current city specifications.

      (2)   Non-accessible public drainage system. In the event that a public storm drain is not reasonably accessible to the subdivision, the subdivider shall pay the cost of extending the storm sewer lines from the area platted to the nearest public storm sewer trunk of adequate size to carry additional flow. In addition, the subdivider shall install public storm drain facilities within the platted area in accordance with the current city specifications.

      (3)   Existing trees near street rights-of-way shall be preserved by the subdivider. Street trees from the varieties listed in the city specifications on file with the City Clerk shall be provided at least one per lot in the planting strip between the sidewalk and curb and planted by the proprietor in accordance with the aforesaid city tree planting specifications.

   (C)   Monuments shall be placed at all block corners, angle points and points of curves in the street. Fee for the inspection by the city of all monuments shall be set by resolution of the City Commission.

(Ord. 509, passed 4-22-2002)

   (A)   The developer shall be responsible for the provision of all required improvements to the subdivision. The final plat should not be submitted until all of the required improvements within the plat have been completed according to plans and specifications as set forth herein or until satisfactory arrangements have been made to complete them.

   (B)   This may be accomplished by either the full installation of all required improvements by the developer at the time that the final plat is forwarded to the City Commission with a recommendation of approval by the Planning Commission or by the provision of a financial guarantee of performance in the following manner.

      (1)   Performance guarantee.

         (a)   Any requests made of the City Commission to accept a performance guarantee deposit in lieu of completing all required improvements prior to having the City Commission approve the final plat shall be confirmed in writing and shall be accompanied by an estimate of costs of the remaining required improvements. This estimate shall be furnished by the proprietor’s engineer. It shall be complete in all respects, including estimated quantities and unit prices, and bear the engineer’s seal of registration. If approved by the City Commission, this estimate will provide the basis for the amount of performance deposit and written agreement. Generally, the amount of performance guarantee deposit required will be equal to 100% of the proprietor’s engineer’s estimate, following review by the City Engineer’s estimate and agreement, plus 25% of such estimate for contingencies. The agreement may further stipulate that the deposit shall be rebated to the proprietor, or an appropriate reduction in the security, in the amounts equal to the cost of completed units of work stipulated in the agreement prepared pursuant to this section and satisfactory accomplishment of the construction milestones noted therein. The performance guarantee shall either be a cash deposit or a certified check or an irrevocable letter of credit deposited by the subdivider with the City Treasurer or a responsible escrow agent or trust company, subject to the approval of the City Commission and the City Attorney.

         (b)   Further, the agreement will be so written that any part of the performance deposit, as required, may be used to reimburse the city for costs incurred in connection with the examination and inspection of the required improvements.

         (c)   In the event the developer shall in any case fail to complete such work within such period, as required by the conditions of the guarantee, the city shall have such work completed. In order to reimburse itself for the cost expense thereof, the City Commission may appropriate from the deposit which the subdivider deposits in lieu of the required improvements.

      (2)   Maintenance bond. Prior to acceptance by the city of required improvements, a one year maintenance bond in an amount set by the City Commission shall be posted by the subdivider.

      (3)   Inspections.

         (a)   City staff or their designees shall provide construction inspection of all required improvements on a continuous basis as outlined in the city’s engineering and construction standards. In no case shall the same engineer provide services to both the city and the subdivider.

         (b)   It shall be the responsibility of the improvements contractors to notify the office of the City Manager at least days in advance for the following periodic inspections:

            1.   Storm and sanitary sewers, water lines, mains, laterals, and catch basins before the trenches are backfilled;

            2.   Forms set for curb and cutter sub-base has been put in place and before the concrete is poured;

            3.   Forms set for sidewalks before any concrete is poured;

            4.   All subgrade that has been shaped and rolled, before compaction test is made;

            5.   Forms for pavement before any concrete is poured;

            6.   All base courses.

         (c)   No work covered by the bond shall be accepted or bonds released until these inspections have been made and work found satisfactory.

         (d)   The agreement to install required public improvements shall also provide for the checking of improvement plans and continuous inspections of all improvements by the city and for costs of said services which shall be borne by the subdivider.

(Ord. 509, passed 4-22-2002)

   The subdivision design standards set forth in the following sections are development guides for the assistance of the developer. All final plans shall be reviewed and meet the approval of the City Commission.

(Ord. 509, passed 4-22-2002)

   Location of utility line easements shall be provided along rear or side lot lines as necessary for utilities. Easements shall give access to every lot, park or public ground. The easements shall be a total of not less than 12 feet wide, usually six feet dedicated from each lot or parcel. The proprietor shall grant such additional public utility easements as may be necessary to effectuate the purposes of § 154.67. Recommendations on the proposed layout of public utility easements shall be sought from all of the public 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 companies.

(Ord. 509, passed 4-22-2002)

   In all residential subdivisions hereafter approved, all wires, cables and lines for the distribution of electrical energy or telecommunication service in and to buildings and all light poles in such subdivision shall be located underground or along rear lot lines.

(Ord. 509, passed 4-22-2002)

   Blocks within subdivisions shall not exceed 1,320 feet nor a minimum of 300 feet except where, in the opinion of the Planning Commission, physical conditions may justify a variation. Maximum length of a street terminating with a cul-de-sac shall be 800 feet measured from the nearest intersection to the beginning of the turn-around.

(Ord. 509, passed 4-22-2002)

   Public walkways or sidewalks may be required by the Planning Commission to obtain satisfactory pedestrian circulation within the proposed subdivision. The sidewalks need to be constructed in a manner consistent with the requirements outlined in §§ 95.10 through 95.14, and the approved engineering and construction standards. In addition, sidewalks in subdivisions must meet the following requirements:

   (A)   Installation of sidewalk has to be completed on both sides of the street; and

   (B)   Construction of the entire sidewalk network must be completed concurrently with the public street and utility installation. No gaps will be allowed in the sidewalk network.

(Ord. 635, passed 2-12-2018)

   (A)   When consideration is given by the proprietor to the allocation of areas suitably located and of adequate size for playgrounds, school sites, parks and recreation facilities, as indicated in the Comprehensive Development Plan and the Zoning Code. The areas shall be provided by one of the following methods:

      (1)   Dedication to the city;

      (2)   Reservation of land for the use by property owners by deed or covenants;

      (3)   Reservation for acquisition by the city or school board within a period of two years. The reservation shall be made in such a manner as to provide for a release of the land to the proprietor in the event the city or school board does not proceed with the purchase within the prescribed time limit.

   (B)   Due regard shall be shown by the Planning Commission and City Commission for preserving outstanding natural features such as scenic spots, water courses, or stands of trees. Every effort shall be made by the proprietor to preserve any nondiseased tree whose trunk is eight inch diameter or more, regardless of its location within the plat.

(Ord. 509, passed 4-22-2002)

   (A)   Lot sizes and shapes. Lots within subdivisions shall conform to the following standards:

      (1)   Lot widths, areas, and building setback lines shall conform to at least the minimum requirements of the Zoning Code;

      (2)   Residential lots having excessive depth in relation to width shall be avoided. Under no circumstances shall a depth-to-width ratio exceed three to one;

      (3)   Corner lots for residential use shall be provided with extra width to permit appropriate building setback from and orientation to both streets. Lots abutting a pedestrian walkway shall be treated as corner lots;

      (4)   Lots intended for purposes other than single-family or two-family residential use shall be specifically designated for such purposes.

   (B)   Lot division. Lots, outlots or other parcels of land in a recorded plat shall not be divided for the purpose of sale or lease for building development unless the same is approved by the Planning Commission.

      (1)   Procedures. Application for lot divisions shall be submitted in writing to the Planning Commission and be accompanied by a sketch drawn to scale showing the original lot, the proposed division, all pertinent dimensions and the proposed legal descriptions.

      (2)   Conformance to minimum size. The proposed divisions shall not create lots which would be less than the minimum sizes required by the Zoning Code and shall not have the effect of increasing the number of buildable lots in a subdivision. This provision shall not apply to nonresidential subdivisions.

      (3)   Maximum number of divisions. The proposed divisions will not result in the division of a platted lot into more than four parts.

   (C)   Lot arrangement. Lots within subdivisions shall conform to the following standards.

      (1)   Every lot shall front or abut on a public street.

      (2)   Side lot sides shall be at right angles or radial to the street centerline or as nearly as possible thereto.

      (3)   Residential lots abutting major thoroughfares or secondary streets, where marginal access streets are not desirable or possible to attain, shall be platted with reverse frontage lots with an approved screen planting contained in a non-access reservation along the rear property line having a minimum width of 18 feet or such other treatment as may be adequate for protection of residential properties or with side lot lines parallel to the major traffic streets.

   (D)   Uninhabitable lots. Lots located wholly within the floodplain or lots deemed by the City Commission to be uninhabitable shall not be platted for residential occupancy, nor for such other purposes as may increase danger to health, life or property or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not produce unsatisfactory living conditions.

   (E)   Lot remnants. All remnants of lots below minimum size left over after platting of a larger tract shall be added to adjacent lots rather than allowed to remain as unusable parcels.

   (F)   Modifications. Variations, exceptions, and/or modifications of these design requirements may be made by the Planning Commission in specific cases where it is determined that unusual topographical conditions or other physical conditions justify such modifications.

(Ord. 509, passed 4-22-2002)

   Any violations of the provisions of this chapter shall constitute a violation of the city’s municipal civil infraction ordinance. The city may also bring an action, in its own name, to restrain or prevent any violation of this chapter or any continuance of any such violation. Any sale of lands subdivided in violation of the provisions of this chapter shall be voidable at the option of the purchaser thereof and shall subject the seller thereof to the forfeiture of any and all consideration received or pledged therefore, together with any damages sustained by said purchaser thereof, recoverable in an action at law.

(Ord. 509, passed 4-22-2002)