The purpose of this article is to regulate and control the subdivision of land within the Village of Stockbridge, pursuant to the Subdivision Control Act of 1967, being Act No. 288 of the Public Acts of Michigan of 1967, as amended.

(Ord. No. 2018.10-1, 10-1-2018)

The article applies to any lot or lots forming a part of a subdivision proposed to be created and recorded by or after the effective date of this article. It shall not apply to any lot or lots forming a part of a subdivision created and approved prior to the effective date of this article except for further division of existing lots.

(Ord. No. 2018.10-1, 10-1-2018)

(a)

Generally. Before making or submitting a final plat for approval, the proprietor shall make a preliminary plat and submit copies to the village clerk in the manner provided in this section, together with payment of all fees required under section 6-118.

(b)

Procedure for submission of preliminary plat.

(1)

Information. The preliminary plat shall show the name, location and position of the subdivision and the subdivision plan and layout in sufficient detail on a topographic map to enable a determination of whether the subdivision meets all village requirements for lots, streets, roads, and highways including drainage and floodplains.

(2)

Plan specifications. The preliminary plat shall be drawn to a scale of not more than 200 feet to one inch and may be an original drawing or reproduction on unbacked paper. It shall contain proper identification of the parcel of land to be divided, the name of the plat and proposed division of the land, the name and address of the proprietor and the name, address and seal of the surveyor who prepared it, all legibly printed or typewritten. Additional preliminary land development plans may be made by other qualified persons to assist approving authorities to visualize the type and scope of the development plan.

(3)

Data. The proprietor shall submit at least four copies of the preliminary plat and any other required data to the village clerk together with evidence of compliance with the Land Division Act, No. 591 of the Public Acts of Michigan of 1997, if necessary.

(c)

Approval.

(1)

Tentative.

a.

The village council, within 90 days from the data [date] of filing the preliminary plat with the village clerk, shall tentatively approve and note its approval on the copy of the preliminary plat to be returned to the proprietor or set forth in writing its reasons for rejection and requirements for tentative approval. The village council may refer the proposed plat to the downtown development authority (DDA) for its review and comment or a committee appointed by the village council for that purpose and may hold a public hearing on approval of the preliminary plat. The village council may require the submission of the following as it deems necessary:

1.

A map of the entire area scheduled for development if the proposed plat is a portion of a larger holding intended for later development;

2.

Preliminary engineering plans for streets, water sewers, sanitary sewers and storm sewers, sidewalks and other required public improvements in detail sufficient to enable the village council to make a preliminary determination of conformance of the proposed improvements to applicable village regulations and standards;

3.

A statement of intended use of the proposed plat;

4.

Copies, as required, of any proposed protective covenants and deed restrictions.

b.

Tentative approval under this section shall confer upon the proprietor for a period of one year from the date, approval or lot sizes, lot orientation and street layout. Such tentative approval may be extended if applied for by the proprietor and granted by the governing body in writing.

(2)

Final.

a.

The proprietor shall:

1.

Submit a preliminary plat to all authorities as required by Land Division Act, No. 591 of the Public Acts of Michigan of 1997.

2.

Submit a list of all such authorities to the village clerk certifying that the list shows all authorities required to be so notified.

3.

Submit all approved copies to the village clerk after all necessary approvals have been secured.

b.

The village council, after receipt of the necessary approved copies of the preliminary plat shall:

1.

Consider and 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.

2.

Instruct the clerk to promptly notify the proprietor of approval or rejection, in writing, and if rejected, to give the reasons.

3.

Instruct the clerk to note all proceedings in the minutes of the meeting, which minutes shall be open for inspection.

c.

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 approval was granted will not be changed. The two-year period may be extended it applied for by the proprietor and granted by the village council in writing. Written notice of the extension shall be sent by the village council to the other approving authorities.

(Ord. No. 2018.10-1, 10-1-2018)

(a)

Preparation. Following final approval of the preliminary plat by the village council, the proprietor shall cause to be made and prepared a final plat and survey in accordance with The Land Division Act No 591 of the Public Acts of Michigan of 1967, as amended. When the final plat has been approved by the drain commissioner and the county road commissioners, if necessary the proprietor shall submit all copies of the plat to the village clerk together with the filing fee required by section 6-118.

(b)

Council approval or rejection. At its next regular meeting or a meeting called within 20 days of the date of submission, the village council shall:

(1)

Approval. Approve the plat if it conforms to all of the provisions of the Land Division Act, No. 591 of the Public Acts of Michigan of 1997, and this article and instruct the village clerk to certify on the plat to the village council's approval, showing the date of the council approval, the approval of the health department, when required, and the date therefore as shown on the approved preliminary plat. When the plat has been approved by the village council, the village clerk shall promptly forward all copies of the plat to the Clerk of the Ingham County Plat Board together with the filing and recording fee collected pursuant to section 6-118.

(2)

Rejection. Reject the plat and instruct the village clerk to give the reasons in writing as set forth in the minutes of the meeting, return the plat to the proprietor, and instruct the clerk to record all proceedings in the minutes of the meeting, which shall be open for inspection.

(Ord. No. 2018.10-1, 10-1-2018)

(a)

Street, alley and road.

(1)

The village council may require the following as a condition for approval of a final plat for all public and private streets, alleys and roads in its jurisdiction.

a.

Installation of bridges and culverts where it deems necessary;

b.

Certification that all such construction conforms to all then applicable MDOT, Ingham County Road Commission and village specifications;

c.

Submission of complete plans for grading, drainage and construction to be prepared and sealed by a civil engineer registered in the state;

d.

Completion of all required improvements relative to streets, alleys or roads or a deposit by the proprietor with the village clerk in the form of cash, certified check or irrevocable bank letter of credit, whichever the proprietor selects, or a performance surety bond acceptable to the village council, in an amount sufficient to insure completion within the time specified.

(2)

As a condition of approval of the final plat, the village council may require a deposit to be made in the same manner as provided in section 6-118(3)d. and e. to ensure performance of any of the obligation of the proprietor to make required improvements.

(3)

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

(4)

The village council shall reject any plat:

a.

Which is isolated from or which isolates other lands from existing public streets unless suitable access is provided;

b.

Showing a street or road name duplicating one already in use in the village except in continuing a street or road;

c.

Showing the name of a new street, alley or road that is similar to one already in existence in the village, and that permitting such use in the subdivision may be confusing for purposes of assessing, mail delivery, and locating by the public.

(b)

Subdivision design standards. Where applicable, the proposed subdivision and final plat shall fully comply with the following:

(1)

The Village of Stockbridge Zoning Ordinance, chapter 6.

(2)

The village water system ordinance, article II, chapter 34.

(3)

The village wastewater ordinance, article III, chapter 34.

(4)

Section 186 of the Subdivision Control Act of 1967 (Act No. 288 of the Public Acts of Michigan of 1967), unless modified by any of the above.

(Ord. No. 2018.10-1, 10-1-2018)

The schedule of fees for the review of plans and plats shall be established by resolution of the village council in accordance with section 246(1), Act No. 288 of the Public Acts of Michigan of 1967, as amended. A proprietor submitting a plan or plat for approval shall be required to deposit the established fees with the village clerk and until the fee is paid, no plan or plat shall be considered or reviewed.

(Ord. No. 2018.10-1, 10-1-2018)

(a)

Generally. The division of lots in a recorded plat is prohibited, unless approved following application to the village council. The application shall be filed with the village clerk, in a form approved from time to time by resolution of the village council. No lot in a recorded plat shall be divided, unless it complies with the Land Division Act and village ordinances. No building permits shall be issued, or any building constructed commenced until the division has been approved by the village council. The division of a lot resulting in a smaller area than proscribed by this article may be permitted, but only for the purpose of adding to the existing building site or sites and so long as the remaining lot conforms to the lot size requirements or the zoning ordinance.

(b)

Application. The written documentation required in such form and shape as determined by resolution of the village council to indicate a request for a land division. The application shall at a minimum include a survey, which shall set forth the following:

(1)

Drawn to scale of not smaller than one-inch equals 100 feet and prepared, sealed, and signed by a registered land surveyor;

(2)

Survey to show all existing structures on the site and those located on abutting property within 50 feet of the lot line;

(3)

All buildings are to be dimensioned from the proposed boundary lines of any new parcel;

(4)

Boundaries of any water body or wetlands;

(5)

All proposed divisions with complete dimensions and area of each proposed resulting parcel;

(6)

Proposed easement locations with dimensions for utilities and other purposes; and

(7)

The survey shall indicate the current zoning district of the parcel proposed to be split and all contiguous parcels of property.

(c)

Procedures for considering application. The village council shall adhere to the following procedures when considering an application for a lot division in a previously approved plat:

(1)

Upon receipt of the completed application, the clerk shall:

a.

Collect a fee as established by resolution of the village council;

b.

Forward 13 copies of the application and survey to the village council;

c.

Provide a copy of same to the zoning administrator, who shall review same for administrative completeness within seven days of receipt:

1.

If the application is administratively complete, then the zoning administrator shall inform the clerk in writing, with a copy to the applicant. Thereafter, the clerk shall continue with the procedures set forth in this section.

2.

If the application is not administratively complete, the zoning administrator shall inform the clerk in writing, with a copy to the applicant. Thereafter, the clerk shall take no further action to complete the procedures in this section until a revised application is received by the applicant. If the applicant does not submit a revised application within 90 days of the date of the zoning administrator's written notice, then the application is deemed denied and the fee forfeited to the village, unless the time frame is extended in writing by the zoning administrator for good cause.

d.

Forward a request to the village treasurer, township treasurer, and township assessor for a statement setting forth the amount, if any, of due and unpaid taxes and/or special assessments on the land;

e.

Forward a request to all public safety departments that serve the village for comment, including, but not limited to, the village DPW, village police department, and the Stockbridge Township Fire Department. The request should indicate that any response the departments' desire the village council to receive should be submitted within 45 days of receipt of the request;

f.

Within 45 days, after the receipt of (1) the application, (2) the response for the village treasurer, township treasurer, and township assessor, and (3) any response from public safety departments, then the application shall be on the next available agenda of the village council meeting and a public hearing shall be scheduled on proposed division;

g.

All persons within 300 feet of the parcel proposed to be divided shall receive notice of the public hearing by first class mail and notice of same shall be posted in a newspaper of common circulation within the Village of Stockbridge not more than 30 nor less than 15 days before the time set for the public hearing.

(2)

Village council's action:

a.

Within 60 days after the village council completes its review of the application and supporting documentation and takes public comment at the scheduled public hearing, it shall either table, approve, approve with conditions, or deny the proposed division of a platted lot;

b.

The village council shall specifically place in writing upon the record the reasons for its decision;

c.

The village council shall specifically inform the applicant upon the record that:

1.

No tax identification numbers shall be issued for any approved land divisions unless and until registered survey(s) with appropriate legal description(s) are recorded with the Ingham County Register of Deeds for the land divisions and true copies of same are provided to the clerk;

2.

No approved land division is effective unless and until tax identification numbers are issued for the land divisions;

3.

All land divisions are null and void unless tax identification numbers are obtained six months from date of approval;

4.

No land use or building permits can be issued until the land division becomes final;

5.

The registered survey(s) and legal descriptions must conform to the land division as approved by the village council;

6.

All taxes and special assessments due and owing must be paid, in advance of final approval of the division(s); and

7.

All fees and costs associated with this division approval process must be paid prior to any tax identification numbers being issued or divisions finalized.

(d)

Criteria for approval by village council.

(1)

All resulting divisions shall meet the zoning requirements of the zoning district in which they are located, except as provided in article IV;

(2)

All resulting divisions shall have such road frontage, in type and amount as required by the Village of Stockbridge Zoning Ordinance;

(3)

No resulting division shall exceed a width to depth ratio of four to one;

(4)

All existing structures shall meet, after all divisions, the minimum set back requirements for the zoning district in which they are located;

(5)

Legal proof of availability of the number of proposed splits from the parent parcel and deed restrictions and easements of record on the parent parcel;

(6)

All resulting divisions shall provide utility easements across the proposed parcel(s), as required by the village engineer.

(e)

Requirements of payment of taxes and special assessments.

(1)

Prior to any division of land in the Village of Stockbridge, any due and unpaid taxes shall be paid;

(2)

Prior to any division of land in the Village of Stockbridge, the entire balance of any special assessments shall be paid in full;

(f)

Penalties and remedies.

(1)

Penalties. Every person, corporation, or firm who violates, disobeys, omits, neglects, or refuses to comply with any provision of this land division article shall be guilty of a municipal civil infraction as set forth in section 1-6.

(2)

Remedies. The village council or the attorney of the Village of Stockbridge and any interested party, may institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, abate or remove and unlawful erection, alteration, maintenance, or use and it is null and void. The rights and remedies herein provided are civil in nature and in addition to criminal remedies.

(g)

Not applicable to assessor's plats. This section shall not apply to "assessor's plats." Instead, the owner of a parcel in an "assessor's plat" that is proposed to be split, shall comply with the provisions of the split process for un-platted land. Please see article V.

(Ord. No. 2018.10-1, 10-1-2018)