Sturgis City Zoning Code

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessibility [means] the lot or parcel shall be accessible by means of having frontage on a public road, a private road or an easement, providing vehicular access to an existing public road or street.

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

As-built drawings means construction plans revised in accordance with all approved changes made in the field on a site.

Block means an area of land within a subdivision which may contain lots and is usually bounded by a combination of streets but may be bounded by public parks, unplatted acreage, corporate boundary lines, other rights-of-way, shorelines of waterways, or other natural or manmade boundary lines.

Bond means any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the governing body. All bonds shall be approved by the governing body wherever a bond is required by this chapter.

Boundary line adjustment means a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel. Platted lots are not subject to this section. Platted lots subject to potential division shall be processed in accordance with the city's Platted Lot Severance Ordinance, Section 50-266.

Building means a structure erected on-site, which is above or below ground and is designed primarily for the use or intended use of shelter, support, or enclosure of persons, animals, property, or business activities.

Building line means line beyond which any enclosed portion of a building such as a porch or vestibule shall not project, which is more or less parallel to the road right-of-way, shore of lake, edge of a stream, or other property line.

Centerline means a line marked or painted upon a roadway which separates opposing traffic or where not delineated, shall be an imaginary line equidistant from the face of opposite curbs lines or lateral lines of the roadway.

Collector road means a road intended to move traffic from local roads to secondary arterials. A collector road serves a neighborhood or large subdivision and should be designed so that no residential properties face or exit on to it.

Common elements means the portions of the condominium project other than the condominium units.

Common open space means an area within a subdivision held out of development by the proprietor and designed for the common use or enjoyment of the subdivision residents, which may contain such complimentary features as are necessary and appropriate for the use or enjoyment of the subdivision residents. This may include common open space areas for recreational use, wildlife, plant preserves or nature study areas.

Comprehensive plan means a comprehensive, long-range plan intended to guide the growth and development of a community or region and one that includes analysis, recommendations, and proposals for the community's population, economy, housing, transportation, community facilities and land use. The master plan of the municipality.

Condominium subdivision plan means the site, survey and utility plans; floor plans; and sections, as appropriate, showing the existing and proposed structures and improvements including the location thereof on the land.

Condominium unit means that portion of the condominium project designed and intended for separate ownership and use, as described in the master deed.

Consolidating master deed means the final amended master deed for a contractible condominium project, an expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.

Contractible condominium means a condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to express provisions in the condominium documents and in accordance with this chapter and the Condominium Act (MCL 559.101 et seq.).

Conversion condominium means a condominium project containing condominium units some or all of which were occupied before the establishment of the condominium project.

Convertible area means a unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to express provision in the condominium documents and in accordance with this chapter and the Condominium Act (MCL 559.101 et seq.).

Cul-de-sac means a minor street having only one outlet and a terminal end that facilities ease of traffic reversal.

Dead end street means a street having only one outlet for vehicular traffic which does not meet the definition of a cul-de-sac. Plats containing such streets shall not be approved.

Dedication means the transfer of property from private to public ownership.

Detention pond means a facility constructed to impound or retard peak stormwater runoff temporarily.

Developer means any person who causes land to be divided and developed. Consent shall be required from the legal owner of the premises.

Division or divide mean the partitioning or splitting of an unplatted parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent. The term "division" 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 this chapter or other applicable ordinance.

State Law reference— Similar provisions, MCL 560.102(d).

Easement means a grant by the land owner to another party for the specific and limited use of that land.

Easement, drainage means an acquired legal right to use land owned by others for the purpose of construction, operation, or maintenance of storm or sanitary drainage features.

Escrow means a deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be deposited with the municipality.

Exempt split means the partitioning or splitting of an unplatted parcel or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors, or assigns that does not result in one or more parcels of less than 40 acres or the equivalent; provided all resulting parcels are accessible for vehicular travel and utilities from existing public roads through existing adequate roads or easements, or through areas owned by the owner of the parcel that can provide such access.

State Law reference— Similar provisions, MCL 560.102(e).

Expandable condominium means a condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this chapter and the Condominium Act (MCL 559.101 et seq.).

Final plat means the map or plan or record of a subdivision and any accompanying material, as described in this chapter.

Floodplain means all area in or adjacent to a waterway or other water channel or drain which is subject to periodic flooding at least once in every 100 years (100-year floodplain) and which area would be adverse to past, current, future construction or prudent land use as to constitute a significant hazard to public health, safety, or welfare.

State Law reference— Similar provisions, MCL 560.102(ee).

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

State Law reference— Similar provisions, MCL 560.102(l).

Frontage means that side of the lot abutting on a street or which is intended to be adjacent to a street.

Governing body means the legislative body of the city.

Grade means the slope of a road, street, or other public way, specified in terms of a percentage (rise divided by run times 100).

Joint ownership means joint ownership among persons shall be construed as the same owner for the purposes of imposing this chapter.

Land means all geographic areas occupied by or with real property. Ground, soil, or earth, including structures on, above, or below the surface.

State Law reference— Similar provisions, MCL 560.102(b).

Land division official means the City of Sturgis Zoning Administrator or their designee.

Licensed engineer means an engineer licensed and registered in the state.

Licensed land surveyor means a land surveyor licensed and registered in the state.

Local government means for the purposes of this chapter, any city, township, or village authorized by law to enforce subdivision ordinances.

Local road means a road intended to provide access to collector roads from individual properties and as described in the comprehensive plan of the city.

Lot means a parcel or portion of land, which is separated from other parcels or portions by description and fixed in a plat or which serves as a unit of the transfer of ownership or for development.

State Law reference— Similar provisions, MCL 560.102(m).

Lot, corner means a lot which is typically situated at the intersection of two streets, but may be between a street and a public park, waterway, or easement for public purposes.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and the midpoint of the rear lot line.

Lot improvement means any building, structure, place, object, or improvement of the land on which it is situated which constitutes a physical betterment of real property, or which may increase the value of such real property.

Lot in condominium subdivisions means the same as homesite and condominium unit.

Lot line, front, means the line separating the lot from the street; in the case of a corner lot, the line separating the narrowest side of the lot from the street.

Lot line, rear, means, ordinarily, that line of a lot which is opposite from the front lot line. In a triangular or other oddly shaped lot, it shall be a straight line entirely within the lot, ten feet long, parallel to and most distant from the front lot line.

Lot severing or severance means the partitioning or splitting of a platted lot by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than one year. Lot width, minimum is established in the zoning ordinance based upon the particular zone in which the proposed plat is located, and shall be considered that horizontal distance between side lot lines measured at the setback line.

Marginal access street means a local street which is more or less parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic but does not carry through traffic.

Master deed means the condominium document recording the condominium project as approved by the city to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project.

Master plan. See "Comprehensive plan."

Nonresidential subdivision means a subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivisions must comply with the applicable provisions of this chapter.

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

State Law reference— Similar provisions, MCL 560.102(n).

Owner means any person, group of persons, firm or firms, corporation or corporations, or other legal entity having title to or sufficient proprietary interest in the land sought to be subdivided under this chapter.

Pedestrian way means a separate right-of-way dedicated to or reserved for public use by pedestrians, which crosses blocks or other tracts of land, or which may connect buildings, structures, or other uses of land for the purpose of facilitating pedestrian access to adjacent street, properties, structures, parking lots, and other uses of land. This may include sidewalks, or other similar walkways constructed of asphalt, wood chips, or other materials.

Plat means a map or chart of the subdivision of land.

State Law reference— Similar provisions, MCL 560.102(a).

Preliminary plat means a map showing the salient features of a proposed subdivision submitted to the municipality for the purposes of preliminary consideration by the municipal planning board and/or governing body.

State Law reference— Similar provisions, MCL 560.102(c).

Primary arterial means a road intended to move traffic to and from major attractors such as shopping centers, central business districts, regional shopping malls, colleges and universities, military installations and similar traffic generators within the local unit of government, and/or as a route for traffic between neighboring communities.

Private road means a road not open or dedicated to the public use which may serve more than one dwelling, but which shall be built according to the county road commission, or other municipal standards and shall be approved by the municipality prior to final plat approval.

Proprietor means any person, firm, association, partnership, corporation, or any combination of these entities which have ownership rights to property.

State Law reference— Similar provisions, MCL 560.102(o).

Public improvement means any or all of the following: grading; road; pavement; curb; gutter; sidewalk; water main; sanitary sewer line; storm sewer line; retention and detention areas; leechate basins; curb cut; side walk and driveway entrances; right-of-way; guard rails; retaining walls; sodding; landscaping and plantings; or other facility for which the local government may ultimately assume responsibility for maintenance and operation, or which may affect an improvement for which the local government responsibility is established.

Recipient means the person or entity that shall own the property subject to boundary line adjustment after the boundary line adjustment is made.

Right-of-way means a strip or area of land occupied or intended to be occupied by a street, crosswalk, railroad, electric distribution and/or transmission line, oil, gas pipeline, water main, sanitary or storm sewer main, shade trees or other use. The right-of-way shall not be included within the dimensions of any lot or parcel adjoining such right-of-way. Such rights-of-way shall be dedicated to the public use by the maker of the plat on which the right-of-way is established.

Right-of-way, width for roads means the distance between property lines measured at right angles to the centerline of the street.

Roads, classification means the classification of each street based upon its location within its respective zoning district and its present and expected future traffic volume and its relative importance and function.

Secondary arterial means a road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic generating areas such as community commercial areas, primary and secondary educational buildings, hospitals, major recreational areas, churches, and offices, and/or designed to carry traffic from collector streets to the system of primary arterials.

Setback means the minimum distance required between a building or proposed building or structure and the street right-of-way, or where no right-of-way is present, that distance as measured from the building or proposed building or structure to the nearest property line.

Site condominium means a condominium development containing residential, commercial, office, industrial, or other structures for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, defined as a condominium unit, as described in the master deed. A site condominium shall be equivalent to the term "subdivision" as used in the zoning ordinance and this chapter and may be referred to as a condominium subdivision.

Streets and highways means the official map and accompanying text which is a part of the comprehensive plan, which portrays and classifies all existing and proposed roads, streets, and thoroughfares within the local unit of government. (See map and text.)

Subdivision or subdivide means the partitioning or splitting of an unplatted 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 sections 108 and 109 of the Land Division Act (MCL 560.108, 560.109). The terms "subdivide" or "subdivision" do 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 this chapter or other applicable ordinance.

State Law reference— Similar provisions, MCL 560.102(f).

(Code 1969, ch. 151, § 201.0; ; Ord. of 3-25-2020(2))

Cross reference— Definitions generally, § 1-2.

This chapter is designed to regulate the division of land within the city for the following purposes:

(1)

To promote public health, safety and general welfare.

(2)

To facilitate the orderly development, layout and use of land, and guide future development according to the city master plan.

(3)

To require adequate and suitable land for building sites and public improvements while preventing overcrowding of the land due to congestion of population.

(4)

To provide for adequate drainage of land areas, proper ingress and egress to subdivided lots.

(5)

To protect and conserve the value of land throughout the municipality and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings.

(6)

To promote the proper surveying and monumenting of unplatted land to be divided or subdivided, and conveyed by accurate legal descriptions; and establish procedures for divisions, redivisions, subdivisions and resubdivisions of land, and, to promote continued compliance of severed lots with the applicable size and setback requirements.

(7)

To provide flexibility and ease of platting on and near environmentally sensitive lands; to provide for public open space, green areas and recreational areas.

(8)

To provide the most efficient relationship between the uses of land and buildings and the circulation of traffic throughout the municipality, particularly to avoid congestion on streets and highways, and the pedestrian traffic movement appropriate to the various uses of land and buildings, and to provide for adequate connection and accessibility to neighboring lands.

(9)

To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard groundwater supplies; and to encourage the wise use and management of natural resources throughout the city.

(10)

To provide for open spaces through the most efficient design and layout of land.

(11)

To provide for approvals to be obtained by subdividers prior to the recording and filing of plats; to provide for the reservation of easements for utilities.

(12)

To provide penalties for violations of the provisions of this chapter.

(Code 1969, ch. 151, § 102.0)

This chapter shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to November 1, 1995, except for the further division of an existing lot.

(Code 1969, ch. 151, § 105.0)

This chapter shall apply to all divisions and subdivisions of unplatted land, severances of platted lots, and boundary line adjustments all as defined in this chapter, located within the limits of the city.

(1)

No land shall be subdivided within the city until:

a.

The subdivider or its agent has submitted a preliminary plat to the city planning board;

b.

The plat has obtained preliminary and final plat approval from the city;

c.

The approved final plat is filed and recorded by the county clerk/register of deeds.

(2)

No unplatted land shall be divided within the city until:

a.

An application for land division approval has been filed with the city land division official pursuant to section 50-262; and

b.

The application has been approved pursuant to 50-264 or 50-275.

(3)

No platted land shall be severed within the city until:

a.

An application for the severance of the platted lot has been filed with the city land division official pursuant to section 50-266; and

b.

The application has been approved pursuant to section 50-267 or 50-275.

(4)

No boundary line adjustment shall be made within the city until:

a.

An application for the boundary line adjustment has been filed with the city land division official pursuant to section 50-271; and

b.

The application has been approved pursuant to section 50-273 or 50-275.

(Code 1969, ch. 151, § 108.0; Ord. of 3-25-2020(2))

This chapter shall not apply to exempt splits of land defined in this chapter and shall also exclude cemeteries, those divisions or subdivisions required as part of a judicial settlement, and the conveyance of land or interest therein for use as a right-of-way for any public facilities or pipelines which does not involve any new streets.

(Code 1969, ch. 151, § 109.0)

No building permit or certificate of occupancy shall be issued for any parcel or plat of land which was created by subdividing after November 1, 1995, and not in conformance with, the provisions of this chapter, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformance with this chapter.

(Code 1969, ch. 151, § 111.0)

Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to this municipality. The developer has the duty of compliance with reasonable conditions laid down by the planning board and governing body for design, dedication, improvement, and restrictive use of land so as to conform to the physical and economical development of the municipality and to the safety and general welfare of the future plot owners in the subdivision and of the community at large.

(Code 1969, ch. 151, § 117.0)

State Law reference— Planning commission authority over plats, MCL 125.31 et seq.

(a)

No owner, or agent of an owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such a subdivision has been reviewed by the city in accordance with the provisions of this chapter, and filed with the county clerk/register of deeds.

(b)

The subdivision of any lot or any parcel of land, by the use of metes and bounds description for the purpose of sale, transfer, or lease with the intent of evading this chapter, shall not be permitted. All such described subdivisions shall be subject to all of the requirements contained in this chapter.

(c)

No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of this chapter.

(Code 1969, ch. 151, § 301.0)

It shall be the duty of the city to enforce this chapter and to bring to the attention of the city any violations or lack of compliance with this chapter.

(Code 1969, ch. 151, § 301.0)

(a)

Where the governing body finds that extraordinary or practical difficulties may result from strict compliance with this chapter and/or the purposes of this chapter may be served to a greater extent by an alternative proposal, it may act upon variances to this chapter so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of this chapter; further provided the governing body shall not act upon variances unless it shall make findings based upon the evidence presented to it in each specific case that:

(1)

The granting of the variance will not be detrimental to the public safety, health, or general welfare or injurious to other property;

(2)

The conditions upon which the request for variance is based are unique to the property for which the variance is sought and not applicable generally to other property;

(3)

Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience or economic hardship, if the strict letter of this chapter is carried out;

(4)

The variance will not in any manner vary the provisions of the zoning ordinance or master plan;

(5)

That conditions requiring the variance were not created by the proprietor.

(b)

In acting on variances, the governing body may require such conditions as will, in its judgement, secure substantially the objectives, standards, or requirements of this chapter.

(c)

A petition for variance shall be submitted in writing by the subdivider at the time when the tentative preliminary plat is filed for the consideration of the planning board. The planning board shall hold a public hearing notifying all property owners within 300 feet and then make a recommendation on the variance to the governing body. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner for the variance. The planning board shall forward its recommendation on the variance request to the governing body which shall have authority for approving variances. The process for variance consideration shall run concurrently with tentative preliminary plat approval.

(Code 1969, ch. 151, §§ 304.0—306.0)

(a)

Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and shall not be subdivided until proper provision is made for drainage, transportation, water and sewerage facilities, and it can be proven that these amenities presently exist and have adequate capacity to serve the proposed subdivision.

(b)

All attempts shall be made to connect new subdivisions to public water and sewage facilities. New subdivisions located within an existing or proposed service area district for water or sanitary sewer shall be required to connect to those facilities.

(Code 1969, ch. 151, § 107.0)

Pursuant to authority conferred by section 141 of the Condominium Act, (MCL 559.241), all condominium subdivision plans shall be reviewed and approved by the planning board. In determining whether to approve a condominium subdivision plan, the planning board shall consult with the city attorney, city engineer and city planner regarding the adequacy of the master deed, deed restrictions, utility systems and streets, subdivision layout and design and compliance with all requirements of the Condominium Act and this chapter.

(Code 1969, ch. 151, § 450.0)

(a)

The name, address and telephone number of:

(1)

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

(2)

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

(3)

The developer or proprietor of the condominium project.

(b)

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

(c)

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

(d)

The purpose of the project (for example, residential commercial, industrial, etc.)

(e)

Number of condominium units to be developed on the subject parcel.

(f)

A survey plan of the condominium subdivision.

(g)

A wetlands survey plan when appropriate.

(h)

The condominium subdivision plat shall show the size, location, area vertical boundaries and volume for each unit comprised of enclosed air space. A number shall be assigned to each condominium unit. The condominium subdivision plan shall include the nature, location and size of common elements.

(i)

A utility plan showing all sanitary sewer, water, and storm sewer lines and easement granted to the city for installation, repair and maintenance of all utilities.

(j)

A street construction, paving and maintenance plan for all streets within the proposed condominium subdivision.

(k)

A storm drainage and stormwater management plan, including all lines, swales, drains, basins, and other facilities.

(Code 1969, ch. 151, § 451.0)

The condominium subdivision plan shall include all necessary easements granted to the city for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing, and/or removing pipelines, mains, conduits, power lines and other installations of a similar character for the purpose of providing public utilities, including conveyance of electricity, communications, sewage, water and stormwater 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 structure. Easements 15 feet in width shall be located on both sides of the street right-of-way in all site condominium subdivisions. Easements incapable of inclusion in this location shall have a minimum width of 20 feet, have access to the street and run parallel with lot lines where practical.

(Code 1969, ch. 151, § 452.0)

If a condominium subdivision is proposed to have private streets, they shall be developed to the minimum design, construction, inspection approval, and maintenance requirements of this chapter.

(Code 1969, ch. 151, § 453.0)

All condominiums subdivision plans shall conform to the plan preparation requirements; review and approval procedures; design, layout and improvements standards of this chapter, as amended. A guarantee acceptable to the city shall be made with the city to guarantee the installation and completion of any required streets, sanitary sewer, water supply, open space improvements, and drainage facilities, within a length of time agreed upon from the date of final approval of the condominium subdivision plan as provided in article IV, division 2 of this chapter.

(Code 1969, ch. 151, § 454.0)

The planning board shall consider whether to grant preliminary approval of the site plan for the proposed condominium project based on the standards and requirements set forth in this chapter. The planning board shall preliminarily approve, preliminarily approve subject to conditions, or deny the proposed condominium project and site plan.

(Code 1969, ch. 151, § 455.0)

A denial shall mean that the proposed project and site plan does not meet the requirements of this chapter. Any denial shall specify the reasons for the denial and those requirements of the ordinance that are not met. A preliminary approval shall mean that the condominium project and site plan meet the requirements of this chapter. Subject to any conditions imposed by the planning board as part of its motion, preliminary approval assures the applicant that his project and site plan will receive final approval if:

(1)

All state and county approvals are obtained;

(2)

No negative comments are received from any governmental agency or public utility;

(3)

All federal, state and local laws and ordinances are met.

(Code 1969, ch. 151, § 456.0)

(a)

All site condominium projects shall require the review and approval of the following agencies prior to final site plan approval:

(1)

The county road commission if any part of the project includes or abuts a county road or, if any part of the project includes or abuts a state highway or includes streets or roads that connect with or be within the right-of-way of a state highway, the state department of transportation;

(2)

The county drain commission;

(3)

The state department of natural resources shall approve the extensions of the water supply system and the wastewater disposal system, with appropriate county health department reviews as required.

(b)

In addition to the specific required approvals, all site condominiums project site plans shall be submitted to the state department of natural resources, the county plat board, each of the public utilities serving the site, and any other state agency designated by the planning board for informational purposes. The planning board shall consider any comments made by these agencies prior to final site plan approval.

(Code 1969, ch. 151, § 457.0)

Final approval shall be granted by the planning board and city commission upon the receipt of all the following:

(1)

A revised, dated site plan incorporating all of the changes, if any, required for preliminary approval.

(2)

Approved site plans showing all required state and county approvals.

(3)

All requirements pursuant to section 50-126.

(Code 1969, ch. 151, § 458.0)

The condominium project developer or proprietor shall furnish the city with the following:

(1)

One copy of the recorded master deed; one copy of all restrictive covenants; two copies of an "as built" survey;

(2)

One copy of the site plan on a mylar sheet of at least 13 inches by 16 inches with an image not to exceed 10½ inches by 14 inches;

(3)

The "as built" survey shall be reviewed by the city engineer for compliance with city ordinances.

(Code 1969, ch. 151, § 703.0)

The purpose of this section is to provide for reasonable and acceptable standards of subdivision and site design. These standards will foster functional and attractive subdivision development, minimize adverse impacts of improper design, and ensure that subdivision development remains a community asset. In order to promote this, major subdivisions shall conform to the following standards which are designed to result in a well planned community without adding unnecessarily to development costs. These standards are considered minimums in terms of acceptability.

(Code 1969, ch. 151, § 601.0)

The street system shall be designed to permit the safe, efficient, and orderly movement of traffic; to meet the needs of present and expected future populations; to have a simple and logical pattern; to respect natural and topographic features so as to result in useable lots, reasonable grades both for streets and driveways intersecting therewith; and to promote an attractive streetscape.

(1)

Residential street systems shall be designed to meet the needs of the planned neighborhood and to discourage use by through traffic.

(2)

Streets shall be classified in a street hierarchy with design tailored to function.

(3)

Streets shall be constructed in accordance with the standards promulgated or approved by the city engineer.

(4)

Street layout shall not isolate or landlock adjacent or nearby parcels of undeveloped property from existing public streets.

(5)

Local streets shall be 30 feet wide, measured from curb face to curb face. All major streets shall be 40 feet wide, measured from curb face to curb face. Local street intersections shall be at 90 degree angles when possible with a minimum intersection length of 100 feet, but never less than 80 degrees. No more than two streets shall cross at an intersection. Opposing "T" type intersections shall require a minimum separation distance of 200 feet measured from centerline to centerline.

(6)

Cul-de-sac streets are allowed provided that the maximum distance a cul-de-sac extends from an intersection is 1,320 feet, measured along the centerline.

(7)

Private streets are unacceptable in most instances. Exceptions will be considered for planned unit developments, cluster, and condominium developments. Approval of private roads shall be granted by the governing body and built to city standards.

(8)

Marginal access streets may be required when a subdivision abuts or contains a proposed extension of a collector, or arterial street. These are required for adequate protection of residential properties, to afford separation of through and local traffic, and to retain the traffic carrying capacity of the collector and arterial streets. A 15-foot wide landscaped area shall be required between the marginal access street and the collector or arterial street. This marginal access street shall be dedicated to the public.

(9)

Where topography and the size of the parcel allow for curvilinear local road layout and design, such design shall be utilized in the full development and subdivision of the parcel and shall be looked upon favorably by the municipality. Straight street lengths for local roads in excess of 1,320 feet should be avoided.

(10)

A subdivision or an extension of an existing subdivision which creates a total of 40 or more lots shall require two or more points of access to publicly dedicated primary roads built to city specifications.

(Code 1969, ch. 151, § 602.0)

Cross reference— Streets, sidewalks and other public places, ch. 46.

State Law reference— Streets and alleys in subdivisions, MCL 560.181 et seq.

Curb and gutter shall be required for the purposes of drainage, safety, prevention of unnecessary maintenance, and delineation and protection of the pavement edge in all major subdivisions. A variance from this requirement may be allowed for subdivisions in the agricultural or rural residential zoning categories.

(1)

Curb style and requirements shall vary according to street traffic volume and use, as approved by the city engineer.

(2)

Curbing shall be designed to provide for ramps for bicycles and wheelchairs at street intersections and other areas as may be required by the governing body.

(3)

Curbing shall without exception be either concrete or asphalt and shall be constructed in accordance to the specifications of the city engineer.

(4)

A minimum distance of two feet shall separate curbs from walkways and bicycle pathways.

(Code 1969, ch. 151, § 603.0)

Pedestrian walkways shall be required for safety and located to reduce or eliminate potential vehicle/pedestrian conflicts.

(1)

Pedestrian walkways shall be required for all major subdivisions and along all streets.

(2)

Pedestrian walkways shall be placed on both sides of the street and parallel to it within the dedicated nonpavement right-of-way, with exceptions permitted to preserve natural features or where slope makes pedestrian systems impractical. In those instances where pedestrian ways are located outside of the right-of-way, an easement in which the pedestrian way is located shall be provided. They shall also conform to construction requirements of the municipal engineer and shall be five feet in width and made of concrete. These pedestrian walkways shall have a ramp where they intersect streets.

(Code 1969, ch. 151, § 604.0)

Lots shall conform to the requirements of the municipal zoning ordinance for minimum square footage and lot frontage for the zoning district within which the plat is located.

(1)

Corner lots shall exceed by a minimum of ten feet, the width requirements of the municipal zoning ordinance in order to accommodate the additional setback requirements.

(2)

Residential lots shall not face onto a freeway right-of-way, arterial or collector street, or other nonresidentially zoned property, but may front upon a marginal access street. Lots on a cul-de-sac which opens onto a major street and which may front nonresidentially zoned areas or freeway right-of-way, arterial or collector street may be allowed.

(3)

All lots shall abut, with their entire frontage, on a dedicated public street, or private street as approved by the governing body.

(4)

Lots extending through a block and facing two streets are prohibited, except where a lot may back up to a freeway right-of-way, arterial or collector street, or nonresidentially zoned area, provided that a 20-foot wide landscaped buffered area separates the lots from a freeway right-of-way, arterial or collector street, or nonresidential land use.

(5)

For lots abutting lakes, streams, other water bodies, and dedicated open areas such as parks, that portion of the lot facing that amenity may be designated on the plat as the front, provided that the setback from the street is equal to the setback required for the front. In no case, however, shall the front setback be less than that required by the zoning ordinance.

(6)

Lot lines shall be perpendicular to the street right-of-way and radial from curvilinear streets. Side lot lines should be straight unless made impractical by natural features or street curves. Variations shall be allowed by the governing body where variation from these requirements results in a better arrangement of lots.

(7)

Lots shall not be platted within the floodplain of any water body located in the municipality, or upon other lands as in the opinion of the governing body would increase the danger to health, life, or property, or increase flooding hazard. These lands shall be set aside for other uses such as parks or open space.

(Code 1969, ch. 151, § 605.0)

State Law reference— Lots, MCL 560.186.

Blocks shall have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions to this provision may be made for blocks adjacent to nonresidential uses, arterial and collector streets, freeway rights-of-way, railroad rights-of-way, river, and/or other open watercourses.

(1)

Blocks shall be not less than 400 feet from centerline to centerline of intersecting streets.

(2)

Blocks shall not have a length greater than 1,400 feet from centerline to centerline of intersecting streets.

(Code 1969, ch. 151, § 606.0)

(a)

Stormwater facilities. No plat shall be approved by the municipality which does not adequately provide for storm and flood water management features including, but not limited to, detention and retention areas, piping, runoff channels, and basins, and no subdivision shall be approved unless adequate drainage will be delivered and provided to an adequate drainage watercourse or facility. Such facilities may be required by the municipal engineer to be oversized to accommodate upstream drainage or minimize the impact of the proposed subdivision on the downstream drainage area.

(1)

The location of stormwater utility lines where practical shall fall within the dedicated right-of-way of existing and proposed streets according to the specifications and standards of the municipal engineer.

(2)

Where public storm sewers are available, the applicant shall install storm sewer facilities and be required to book up to these existing facilities. However, where such public facilities are not available, adequate provision shall be made on-site.

(3)

On-site retention and detention areas shall be separate from platted lots within the subdivision.

(4)

Culverts and other drainage features shall in each case be large enough to accommodate potential runoff from the entire upstream drainage area, whether inside or outside of the proposed subdivision. Such sizing shall be based upon accepted standards and specifications promulgated by the municipal engineer.

(5)

Drainage features on-site shall also take into consideration down stream water course drainage and shall be designed so that additional runoff to down stream facilities shall not be overburdened.

(6)

Low-lying lands, wetlands, and lands along watercourses which are subject to flooding or overflow during storm periods, whether or not included in areas for dedication, be preserved and retained in their natural state as drainage areas. Such lands subject to periodic flooding shall not be computed in determining the number of lots to be utilized for average densities, nor for computing the area requirements for lots.

(7)

Drainage easements incapable of inclusion in the road right-of-way shall be perpetual and unobstructed having a minimum width of 20 feet, have satisfactory access to the road, run parallel with the lot lines where practical, and be acceptable to the county drain commissioner.

(8)

Storm sewer design shall be based upon a five-year storm of 20-minute duration with an impervious area of 30 percent.

(b)

Water and sewer. All transmission lines for water and sewer utilities shall be located within the street right-of-way. Where such transmission lines run between subdivisions, and/or are extended from an existing subdivision or to a proposed subdivision, easements shall be located between and run parallel with property lines. Easements shall be unobstructed and shall be a minimum of 20 feet in width, or ten feet on each side of a property line.

(c)

Gas, wire and cable utilities. All lines for telephone, electrical, television, and other services distributed by wire or cable shall be placed underground throughout the subdivision. Required above ground servicing equipment of underground distribution lines is exempt from this requirement. This may include, but not be limited to, surface mounted transformers, power terminal pedestals, meters and meter boxes, street lights and street light poles.

(d)

Easement location. Easements for all underground utilities and transformers listed in subsection (c) of this section, shall be located within a 15-foot easement provided by the proprietor on each side of the street. Such easements shall be so located as to not interfere with the use of any lot or other part of the subdivision, and shall be perpetual easements located immediately adjacent to the street right-of-way.

(e)

Street lights. Street lights shall be installed in all major residential subdivisions prior to occupancy of any structures within the proposed subdivision. Lighting for safety shall be provided at intersections and along walkways. Spacing of the street lights shall be determined by Illuminating Engineering Society (IES) guidelines and the width of the lots. Height of the street light standards shall not exceed the maximum building height allowed by the zoning ordinance for the particular zone in which the plat is located, nor shall the height be greater than 25 feet. Lighting for subdivisions located in the agricultural or rural residential zoning categories may be waived by the governing body.

(f)

Irrigation lines. Irrigation lines shall not be permitted within the area between the curb and property line on any public street.

(Code 1969, ch. 151, § 607.0)

Cross reference— Utilities, ch. 62.

(a)

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

(b)

Street trees shall be provided at least one per lot and shall be placed not less than five feet outside the street right-of-way line on private property. Trees may be placed closer than five feet to a street right-of-way line provided tree root barriers are installed.

(c)

Street trees shall be not less than two-inch caliper when planted and shall be guaranteed for one year from the date of planting. Trees shall not be located over underground utility lines.

(d)

The following trees shall be permitted:

(1)

Norway Maple;

(2)

London Plane;

(3)

Pine Oak;

(4)

Honey locust;

(5)

Sugar Maple;

(6)

Little Leaf Linden;

(7)

Such other species as may be approved by the city.

(Code 1969, ch. 151, § 608.0)

Land in the city shall not be divided without the prior review and approval of the city land division official in accordance with this chapter and the Land Division Act.

(Ord. of 3-25-2020(2))

An applicant shall file all of the following with the city land division official, before making any division either by deed, land contract, or lease for more than one year:

(1)

A completed application form provided by the city land division official.

(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 No. 132 of 1970 (MCL 54.211 et seq.) by a land surveyor licensed by the state and showing the dimensions and legal descriptions of parcels proposed to be created by the division and resulting parcel(s), the location of all existing structures and other land improvements to proposed and existing property lines, and the accessibility of the parcels for vehicular traffic and utilities from existing public roads. In lieu of such survey map, at the applicant's option, the applicant may waive the 45-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 resulting parcels, 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. The city land division official, 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 and resulting parcel(s), however, shall at all times be required.

(4)

Proof that all standards of the Land Division Act (MCL 560.101 et seq.) 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.

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

(8)

All divisions shall result in "buildable" parcels containing sufficient "buildable" area outside of unbuildable wetlands, floodplains and other areas where buildings are prohibited therefrom, and with sufficient area to comply with all required setback provisions, minimum floor areas, 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 site. Divisions created for the use of essential services are exempt from this requirement.

(9)

The fee may from time to time be established by resolution of the governing body of the city for land division reviews pursuant to this chapter to cover the costs of review of the application and administration of this chapter and the Land Division Act (MCL 560.101 et seq.).

(Ord. of 3-25-2020(2))

(1)

Upon receipt of a land division application package, the city land division official shall review the application package for approval. The city land division official shall approve with reasonable conditions to assure compliance with applicable ordinances and the protections of public health, safety and general welfare, or disapprove the land division applied for, within 45 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.

(2)

Any person or entity aggrieved by the decision of the city land division official may, within 30 days of such decision appeal the decision to the zoning board of appeals of the city or such other board or person designated by the governing body which shall consider and resolve such appeal by a majority vote of such 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 such meeting and appellate hearing.

(3)

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

(Ord. of 3-25-2020(2))

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

(1)

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

(2)

The proposed land division comply with all requirements of the Land Division Act (MCL 560.101 et seq.) and this chapter.

(3)

All parcels created and remaining must be accessible.

(4)

All parcels created and remaining must have existing adequate accessibility 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 four or more parcels.

(5)

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 non-buildable parcels created under this chapter and parcels added to contiguous parcels that result in all involved parcels complying with such ratio, unless a different ratio is required by the applicable zoning ordinance. 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 zoning ordinance.

(6)

All parcels created by a land division shall comply with the minimum standards of the city zoning ordinance.

(7)

In the absence of applicable zoning or other ordinances providing a different standard, all parcels created by a land division shall comply with the following minimum standards:

a.

Where accessibility is to be provided by a proposed newly dedicated public road, proof that the city engineer, county road commission or state department of transportation has approved the proposed layout and construction design of the road and of utility easements and drainage facilities connected therewith.

b.

Where accessibility by vehicle traffic and for utilities is permitted through other than a dedicated and accepted public road or easement such accessibility shall comply with the following:

1.

Where such private road or easement extends more than 660 feet from a dedicated public road, or is serving or intended to serve more than one separate parcel, unit or ownership, it shall be not less than 66 feet in right-of-way width, 22 feet in improved roadbed width with at least two feet of improved shoulder width on each side and adequate drainage ditches and necessary culverts on both sides to accumulate and contain surface waters from the road area. It shall further be improved with not less than six inches of a processed and stabilized gravel base over six inches of granular soil, have a grade of not more than nine percent, and if dead-ended, shall have a cul-de-sac with a radius of not less than 50 feet of improved roadbed for the accommodation of emergency, commercial and other vehicles.

2.

Where the private road or easement is 660 feet or less in length, and is serving or is intended to serve not more than four separate parcels, units or ownerships, it shall not be less than 40 feet in right-of-way width, 20 feet in improved roadbed width with at least two feet of improved shoulder width on each side, and adequate drainage ditches on both sides with necessary culverts to accommodate and contain surface waters from the road area. It shall further be improved with processed and stabilized gravel and granular soil, have a grade of not more than nine percent, and a cul-de-sac where dead ended as specified in subsection (7)b.1 of this section. If such private road or easement is serving or is intended to serve more than four separate parcels, units or ownerships, the right-of-way and development standards set forth in subsection (7)b.1 of this section shall apply.

3.

If accessibility is by a private road or easement, a document acceptable to the city shall be recorded with the county register of deeds and filed with the assessor or designee specifying the method of private financing of all maintenance, improvements, and snow removal, the apportionment of these costs among those benefitted, and the right of the city to assess such costs against those properties benefitted, plus a 25 percent administrative fee, and to perform such improvements in the event of a failure of those benefitted to privately perform these duties for the health, safety and general welfare of the area.

4.

Any intersection between private and public roads shall contain a clear vision triangular area as per Appendix A—Zoning Section 1.1107 Corner Clearance in the Sturgis Code of Ordinances.

5.

No private road or easement shall extend for more than 1,000 feet from a public road.

6.

No private road shall serve more than 25 separate parcels.

(Ord. of 3-25-2020(2))

Platted lots in the city shall not be severed without the prior review and approval of the city land division official in accordance with this chapter and the Land Division Act.

(Ord. of 3-25-2020(2))

An applicant shall file all of the following with the city land division official, before making any severance to a platted lot 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 land division official.

(2)

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

(3)

A survey map of the lot proposed to be severed, prepared pursuant to the survey map requirements of Public Act No. 132 of 1970 (MCL 54.211 et seq.) by a land surveyor licensed by the state and showing the dimensions and legal descriptions of lots proposed to be created by the severance and resulting lot(s), the location of all existing structures and other land improvements to proposed and existing property lines, and the accessibility of the parcels for vehicular traffic and utilities from existing public roads. In lieu of such survey map, at the applicant's option, the applicant may waive the 45-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 severance and resulting lot(s) and showing the boundary lines, dimensions, and the accessibility of each severance 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. The city land division official, may waive the survey map requirement where the foregoing tentative parcel map is deemed to contain adequate information to approve a proposed lot severance considering the size, simple nature of the severance, and the undeveloped character of the territory within which the proposed severances are located. An accurate legal description of all the proposed lot(s) and resulting lot(s), however, shall at all times be required.

(4)

Proof that all standards of the Land Division Act (MCL 560.101 et seq.) and this chapter have been met

(5)

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

(6)

All severances and resulting lot(s) shall result in "buildable" lots containing sufficient "buildable" area outside of unbuildable wetlands, floodplains and other areas where buildings are prohibited therefrom, and with sufficient area to comply with all required setback provisions, minimum floor areas, 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 site. Divisions created for the use of essential services are exempt from this requirement.

(7)

The fee may from time to time be established by resolution of the governing body of the city for land division reviews pursuant to this chapter to cover the costs of review of the application and administration of this chapter and the Land Division Act (MCL 560.101 et seq.).

(Ord. of 3-25-2020(2))

(1)

Upon receipt of a platted lot severance application package, the city land division official shall review the application package for approval. The city land division official may approve with reasonable conditions to assure compliance with applicable ordinances and the protections of public health, safety and general welfare, or disapprove the land division applied for, within 45 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

(2)

Any person or entity aggrieved by the decision of the city land division official may, within 30 days of such decision appeal the decision to the zoning board of appeals of the city or such other board or person designated by the governing body which shall consider and resolve such appeal by a majority vote of such 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 such meeting and appellate hearing.

(3)

The city land division official shall maintain an official record of all approved and accomplished platted lot severing.

(Ord. of 3-25-2020(2))

The city land division official may approve the partitioning or splitting of a previously platted lot in an approved and recorded subdivision or plat in the following circumstances:

(1)

No intent to create a separate buildable lot: When the application states that the sole purpose of the requested split is to add land to adjoining existing lots or parcels and not to create a separate buildable lot, the city land division official may approve the application if the requested split will not cause any remaining portion of the original lot which is developed or intended for development to violate any provision of this ordinance, or the provisions of such ordinance as may be in effect at the time of such application concerning minimum lot frontage, lot width, minimum lot area, and minimum setbacks.

(2)

Intent to create new buildable lot: In situations not within the scope of the subsection (1) above, the city land division official may approve one or more splits of a lot upon determining that the following criteria are met:

a.

All of the resulting lots comply with the applicable requirements of this section, such zoning ordinance as may be in effect at the time of said application with respect to minimum lot frontage, lot width, lot area, and setbacks, and all other applicable ordinances and the Land Division Act including the number, area and width limitations of Sections 186 and 263 of such Act; or that the resulting lots comply with the applicable requirements of a zoning variance granted as to a particular lot or group of lots by the city zoning board of appeals. If approval of such a platted lot split is based on a variance granted by the city zoning board of appeals, the applicant shall indicate the date on which the variance was granted and the applicant shall attach a copy of the minutes to the application for platted lot split.

b.

Variance/zoning board of appeals: No variance that has been granted by the city zoning board of appeals pursuant to the city zoning ordinance, in association with a proposed lot split such as a setback or lot width variance, shall be interpreted as an approval of a platted lot split application. Such approval is reserved to the city land division official. If a land division application is intended to create a new buildable lot and such building envelope or proposed structure requires a variance, the applicant shall first go to the zoning board of appeals for variance approval prior to making the platted lot split application.

c.

Access to such lots complies with the zoning ordinance as may be in effect at the time of such application and any other applicable ordinance.

d.

The resulting lots will each have access to public and/or private utility services.

e.

The resulting lots shall be accessible.

f.

The proposed split and likely development that will result will not cause an unreasonable alteration in the essential character of the area or otherwise be detrimental to any adjoining property.

g.

The proposed division will not for any other reason be contrary to the public health, safety, or general welfare.

(Ord. of 3-25-2020(2))

The following actions are prohibited:

(1)

The division or severances of a parcel or lot without prior approval of the city's land division official as required by this article.

(2)

The commencing of construction on, or the application for a building permit for such construction, on any portion of a lot or parcel that was divided or severed without prior approval of the city's land division official as required by this article.

(3)

The submission of any document for recording involving the division or severance of a lot or parcel without prior approval of such division or severance by the city's land division official as required by this article.

(Ord. of 3-25-2020(2))

Land in the city shall not have a boundary line adjustment without the prior review and approval of the city land division official in accordance with this chapter and the Land Division Act.

(Ord. of 3-25-2020(2))

An applicant shall file all of the following with the city land division official, before making any boundary line adjustment 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 land division official.

(2)

Proof of fee ownership of the land proposed to have a boundary line adjustment.

(3)

A survey map of the parcel proposed, prepared pursuant to the survey map requirements of Public Act No. 132 of 1970 (MCL 54.211 et seq.) by a land surveyor licensed by the state and showing the dimensions and legal descriptions of the parcels and resulting parcel(s) from the boundary line adjustment, the location of all existing structures and other land improvements to proposed and existing property lines, and the accessibility of the parcels for vehicular traffic and utilities from existing public roads. In lieu of such survey map, at the applicant's option, the applicant may waive the 45-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 boundary line adjustment, and showing the boundary lines, dimensions, and the accessibility of each adjustment 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. The city land division official, may waive the survey map requirement where the foregoing tentative parcel map is deemed to contain adequate information to approve a proposed boundary line adjustment considering the size, simple nature of the adjustment, and the undeveloped character of the territory within which the proposed adjustments are located. An accurate legal description of all the proposed parcel(s) and resulting parcel(s), however, shall at all times be required.

(4)

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

(5)

All adjustments shall result in "buildable" parcels containing sufficient "buildable" area outside of unbuildable wetlands, floodplains and other areas where buildings are prohibited therefrom, and with sufficient area to comply with all required setback provisions, minimum floor areas, 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 site. Divisions created for the use of essential services are exempt from this requirement.

(6)

The fee may from time to time be established by resolution of the governing body of the city for land division reviews pursuant to this chapter to cover the costs of review of the application and administration of this chapter and the Land Division Act (MCL 560.101 et seq.).

(Ord. of 3-25-2020(2))

(1)

Upon receipt of a boundary line adjustment application package, the city land division official shall review the application package for approval. The city land division official may approve with reasonable conditions to assure compliance with applicable ordinances and the protections of public health, safety and general welfare, or disapprove the boundary line adjustment applied for, within 45 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.

(2)

Any person or entity aggrieved by the decision of the city land division official may, within 30 days of such decision appeal the decision to the zoning board of appeals of the city or such other board or person designated by the governing body which shall consider and resolve such appeal by a majority vote of such 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 such meeting and appellate hearing.

(3)

The city land division official shall maintain an official record of all approved and accomplished boundary line adjustments.

(Ord. of 3-25-2020(2))

A proposed boundary line adjustment may be approved if the following criteria are met:

(1)

All the parcels with boundary line adjustments proposed must fully comply with the applicable lot (parcel), yard and area requirements of the applicable zoning ordinance, including, but not limited to, minimum lot (parcel) frontage, width, minimum road frontage, minimum lot (parcel) area, minimum lot (parcel) width to depth ratio, and maximum lot (parcel) coverage and minimum setbacks for existing buildings structures.

(2)

All parcels created by a boundary line adjustment shall comply with the minimum standards of the city zoning ordinance.

(Ord. of 3-25-2020(2))

The following actions are prohibited:

(1)

No property subject to a property line adjustment may be deeded or transferred without first complying with the application and approval provisions of this article and failure to do so shall be a violation of this article.

(2)

No resulting parcel (after a boundary line transfer), shall not be considered a buildable site unless the parcel conforms to the requirements of the Land Division Act and the city zoning ordinance.

(3)

The commencing of construction on, or the application for a building permit for such construction on, any portion of property subject to boundary line adjustment under this article, without having received zoning and/or building code approval from the city, shall be a violation of this article.

(4)

The submission of any document for recording involving a boundary line adjustment without prior approval of such boundary line adjustment in accordance with this section shall be a violation of this article.

(Ord. of 3-25-2020(2))

Notwithstanding disqualification from approval pursuant to this chapter, a proposed land division, severance or boundary line adjustment 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 where the zoning board of appeals has granted a variance from the lot, yard, ratio, frontage and/or area requirements.

(Ord. of 3-25-2020(2))

Any parcel created in noncompliance with this article shall not be eligible for any building permits, or zoning approvals, such as special land use approval or site plan approval, and shall not be recognized as a separate parcel on any assessment roll. In addition, violation of this article shall be an offense.

(Ord. of 3-25-2020(2))

Approval of a division is not a determination that the resulting parcels comply with any other ordinances or regulations.

(Ord. of 3-25-2020(2))

Unless provided otherwise by law or in this article, violations of this article are a municipal civil infraction.

(Ord. of 3-25-2020(2))

All plats proposed under this chapter shall conform to all zoning ordinance provisions for the district in which the proposed plat is to be located and all other ordinance provisions of the municipality.

(Code 1969, ch. 151, § 106.0)

Proprietors and potential subdividers are encouraged to examine all relevant official maps and plans of the municipality and to become familiar with the approval process of subdividing prior to engagement therein. These relevant official documents include the zoning ordinance, subdivision ordinance, master plan and map. The developer is also encouraged to consult with the planning board, staff, or other municipal officials prior to subdivision submittal. This will be beneficial in terms of understanding and becoming familiar with the conditions and ordinance requirements needed for subdivision development. The proprietor is also encouraged to review the Land Division Act (MCL 560.101 et seq.)

(Code 1969, ch. 151, § 401.0)

The proprietor or his agent shall submit to the city, on a form provided for this purpose, at least six, but not more than ten copies of a proposed tentative preliminary plat for review and tentative approval. Such a submission shall be accompanied with the associated fee as adopted in the schedule of fees set by the governing body, for tentative approval of a preliminary plat. Only a complete application shall be accepted by the municipality for review. The official date of submission shall begin with the acceptance by the municipality of a complete application.

(Code 1969, ch. 151, § 402.0)

The proprietor shall prepare and submit a plan for tentative preliminary plat approval. The required plan shall contain the following items:

(1)

Topography of the parcel at a contour interval of two feet or less in accordance with National Geodetic Vertical Datum (NGVD) of 1929, with description and location of at least two bench marks used for contour elevations. State plane coordinate data shall also be provided for plat location.

(2)

A scale of not greater than one inch equals 100 feet, north arrow, and a general vicinity map at a scale of one inch to 1,000 feet with the appropriate orientation to the plat showing section and quarter section lines and any general features located in the vicinity of the plat. Whenever possible the top of each sheet should be oriented north.

(3)

Location of streets and street classification including right-of-way widths and dimension, and street names.

(4)

Location of all manmade and natural features including, but not limited to topography, property lines of adjacent parcels, fence lines, curb cuts, streets, and where possible, other natural and manmade features located within 100 feet of the plat boundary.

(5)

Location of all existing and proposed water main, sanitary sewer, stormwater drainage features, with arrows depicting direction of flow and pipe size. If such features are not available at the site a note indicating the location of the nearest water main, sanitary sewer, or stormwater drainage features shall be provided.

(6)

The names and addresses of all owners of real property as listed on the most recent tax roll of the municipality immediately adjoining the proposed plat and all owners of real property located within 300 feet of the proposed subdivision as measured from the outermost plat boundary. In areas zoned agricultural or rural residential, the names and addresses of all owners of real property located within 1,000 feet shall be submitted.

(7)

Location and elevation of any floodplain and or wetland areas that are regulated by the department of natural resources or the federal government. Base floodplain elevational data shall be provided as identified by the federal flood insurance study.

(8)

A title block which provides the following information:

a.

Name, address, and telephone number of the proprietor, engineer, or land surveyor which drafted the proposed plat.

b.

Date, sheet number, draft number, plat title, township, range, and section number, and appropriate legal description.

c.

Official seal of the professional engineer and or registered land surveyor which approved or constructed the legal description of the property, plat design, and engineering calculations.

(9)

Location and width of all existing and proposed utility easements and sidewalks.

(10)

Location of all proposed lot irons and monuments with each lot numbered in a consecutive fashion.

(11)

Lot size dimensions regarding length of all proposed lot lines measured to the nearest foot with plat boundary lines in a heavy solid line.

(12)

General site data requirements including parcel zoning minimum lot size, proposed lot sizes, total acreage of the plat, census tract and/or block number, and density in units per acre.

(13)

Location of all soil borings made upon the parcel and description of all predominant soils types located in the plat.

(14)

Building setback lines showing dimensions from all streets.

(Code 1969, ch. 151, § 403.0)

The planning board after receiving a complete application shall schedule the tentative preliminary plat for a public hearing. One notice of the public hearing for the preliminary plat shall be placed in a paper of general circulation within the community not less than five days nor more than 15 days before the application is to be considered. Notice of the hearing shall also be sent by mail to all owners of real property located within 300 feet of the proposed plat. In areas zoned agricultural or rural residential, the distance required for notification shall be 1,000 feet from the plat boundary. Such notice shall:

(1)

Describe the nature of the proposed request.

(2)

Provide a site location map of the property which is subject to development.

(3)

State when and where the application shall be considered.

(4)

Indicate where and by what date written comments may be submitted for inclusion in the minutes of the public hearing.

(Code 1969, ch. 151, § 404.0)

In evaluating the proposed plat for tentative approval the city shall take into consideration all the relevant official planning documents of the city. Such review and evaluation by the city shall also take into consideration the general requirements of this chapter with particular attention given to the arrangement, location, and width of streets, their relation to the topography of the land, sewage disposal, drainage, lot sizes and arrangement, and the further development of adjoining lands as yet unsubdivided.

(Code 1969, ch. 151, § 405.0)

(a)

The planning board after hearing comments at the public hearing shall take action on the preliminary plat within 60 days of the date of filing a complete application for tentative approval of a preliminary plat. This review period may be extended up to one year by written agreement between the planning board and the proprietor if the written agreement is completed prior to planning board action on the plat. If no action is taken by the planning board within the 60-day period, and no extension is secured, the governing body shall assume the plat has been recommended for unconditional approval by the planning board.

(b)

If the planning board determines that there is substantial conformance, it shall recommend approval or conditional approval of the plat. Where it is determined there is not substantial conformance, the planning board shall recommend disapproval of the preliminary plat and transmit its recommendation together with any conditions or rationale for its actions to the governing body.

(Code 1969, ch. 151, § 406.0)

The governing body shall within 90 days of the submission date of the preliminary plat for tentative approval either approve, conditionally approve, or deny the tentative preliminary plat and set forth in writing its reasons for rejecting the tentative preliminary plat and the requirements for tentative preliminary plat approval. Tentative approval of the preliminary plat by the governing body shall constitute authorization to prepare and submit a preliminary plat for final approval and shall confer upon the proprietor for a period of one year from the approval date, approval of lot sizes, lot orientation, and street layout. The governing body may require additional changes as a result of further study of the subdivision final form.

(Code 1969, ch. 151, § 407.0)

(a)

Generally. The municipality, at its option, may waive the tentative preliminary plat approval process provided that:

(1)

The proprietor has prepared the preliminary plat plan containing all requirements of section 50-52.

(2)

The proprietor has applied for and received approval from all of the review agencies pursuant to section 50-76 and any other agency as required by the Land Division Act (MCL 560.101 et seq.).

(3)

The requirements of subsections 50-77(a), (b) and (c) have been met.

(b)

Submission, review, and recommendation to planning board.

(1)

Application for waiver of tentative preliminary plat under section 50-78 shall be made to the planning board or city clerk-treasurer, and be associated with the required fees for final preliminary plat approval. The planning board shall then schedule the final preliminary plat for a public hearing pursuant to section 50-52.

(2)

The planning board after hearing comments at the public hearing and consulting with an appointed engineer, shall take action on the final preliminary plat within 60 days of the date of filing a complete application for approval of a final preliminary plat. This review period may be extended up to one year by written agreement between the planning board and the proprietor if the written agreement is completed prior to planning board action on the plat. If no action is taken by the planning board within the 60-day period, and no extension is secured, the governing body shall assume the plat has been recommended unconditionally for approval by the planning board.

(3)

If the planning board determines that there is substantial conformance with all municipal planning documents, it shall recommend approval or conditional approval of the plat. Where it is determined there is not substantial conformance, the planning board shall recommend disapproval of the final preliminary plat and transmit its recommendation together with any conditions or rationale for its actions to the governing body.

(c)

Approval of governing body.

(1)

The governing body shall within 90 days of the submission date of the final preliminary plat either approve, conditionally approve, or deny the final preliminary plat and set forth in writing its reasons for rejecting the final preliminary plat and the requirements for final preliminary plat approval.

(2)

Final approval of the preliminary plat by the governing body shall confer upon the proprietor for a period of two years from the approval date, approval of the lot sizes, lot orientations, and street layout of the proposed subdivision. Notice of final preliminary plat approval shall be given by the city clerk-treasurer. Final preliminary plat approval may be extended beyond this two-year period of approval of one year if an extension is applied for by the proprietor and granted in writing by the governing body.

(3)

The proprietor shall have two years from the date of final preliminary plat approval from the governing body in which to make all of the required and necessary improvements, both public and private, to the property, unless an extension is granted as described in this section.

(4)

Approval by the governing body authorizes the proprietor to submit for final plat approval.

(Code 1969, ch. 151, § 411.0)

State Law reference— Approval of preliminary plat, MCL 560.112, 560.120.

The proprietor shall be responsible for delivering copies of the plat to, and receive approval from, the review agencies listed in sections 112—119 of the Land Division Act (MCL 560.112—560.119). The proprietor or his agent shall submit to the planning board, or city clerk-treasurer, on a form provided for this purpose, at least six, but not more than ten copies of a proposed preliminary plat for final review and approval. Such an approval shall be accompanied with the associated fee as adopted in the schedule of fees, for final review and approval of a preliminary plat. Only a complete application shall be accepted by the municipality for review. All applications for preliminary plat approval shall be accompanied by either a letter from the school superintendent of the local school district in which the proposed subdivision is located indicating that the school district has received a copy of the proposed preliminary plat, or other evidence that mailing of the plat to the school district has occurred. In addition, letters of preliminary plat approval from the following agencies shall also be required to accompany the application to the municipality:

(1)

The county road commission for proposed streets under its jurisdiction, or any other municipal body for roads under its jurisdiction.

(2)

The county drain commissioner indicating that all public stormwater improvements will meet the appropriate standards for control of storm drainage and run off.

(3)

The county health department, environmental health division indicating that soil conditions in the proposed plat are adequate for septic tank absorption fields and water wells, if public water and sanitary sewer are not included in the plat.

(4)

The county equalization department indicating that street names in the proposed plat are acceptable and there is no duplication of street names.

(5)

The state department of natural resources regarding the development of, on, or near any designated wetlands, lakes, or streams on the parcel, if applicable.

(6)

The state department of transportation for any development that has access to roads under its jurisdiction, if applicable.

(Code 1969, ch. 151, § 408.0)

(a)

Prior to application for final preliminary plat approval, all outstanding taxes upon the land proposed to be subdivided shall be paid in full.

(b)

The proprietor shall submit at least six and not more than ten copies of the proposed anal preliminary plat plans for the subdivision which shall include all items listed in section 403.0, and which shall conform substantially to the preliminary plat as tentatively approved by the municipality.

(c)

The proprietor shall submit three sets of detailed working drawings and calculations showing plans for grading, drainage structures, all proposed utilities, road construction, and soil erosion and sedimentation plans. All plans shall be prepared and sealed by a registered professional engineer.

(d)

The city shall transmit these plans to their appointed engineer for review and approval.

(Code 1969, ch. 151, § 409.0)

(a)

The governing body shall within 20 days of the submission date approve, conditionally approve, or deny the proposed plat and set forth in writing its reasons for rejecting the final preliminary plat and the requirements for final preliminary plat approval.

(b)

Final approval of the preliminary plat by the governing body shall confer upon the proprietor for a period of two years from the approval date, approval of the lot sizes, lot orientations, and street layout of the proposed subdivision. Notice of final preliminary plat approval shall be given by the city clerk-treasurer on commission action. Final preliminary plat approval may be extended beyond this two-year period of approval for one year if an extension is applied for by the proprietor and granted in writing by the governing body.

(c)

Approval of the final preliminary plat shall not constitute approval of the final plat, but rather, that final plat approval shall be conditioned on all requirements of final preliminary plat approval being met.

(d)

The proprietor shall have two years from the date of final preliminary plat approval from the governing body in which to make all of the required and necessary improvements, both, public and private, to the property, unless an extension is granted as described in this section.

(Code 1969, ch. 151, § 410.0)

State Law reference— Final approval of preliminary plat, MCL 560.120.

All applications for final plat approval shall be in the form, and contain the information, required by the Land Division Act (MCL 560.101 et seq.) and include:

(1)

One reproducible copy on mylar or other dimensionally stable material at a minimum of 18 inches by 24 inches and ten prints thereof, an 11-inch by 17-inch copy of the final plat, and all recording and filing fees shall be deposited with the city clerk-treasurer.

(2)

Title, abstract of title, or other certificate which establishes ownership interests for all land included within the plat, and title insurance in an amount satisfactory to the municipality.

(3)

The proprietor shall provide the municipality with three copies of as-built drawings or final construction plans for streets, water, sewer, storm drainage, sidewalks, utility profiles, and other required public improvements shall be submitted to the municipality in order to make determination as to the conformance of proposed improvements to state, county, and municipal specifications and ordinances.

(4)

Be accompanied by all formal irrevocable offers of dedication to the public of all streets, local governmental uses, utilities, parks, and easements, on a form approved by the municipality; and the subdivision plat shall be marked with a notation indicating formal offers of dedication as follows:

"The owner, or his representative, hereby irrevocably offers for dedication to the municipality all public improvements shown within the subdivision plat and construction plans in accordance with an irrevocable offer of dedication dated ________, and subject to the acceptance of the Municipality."

(5)

The proprietor shall deliver a full covenant and warranty deed to all such lands stated in subsection (4) of this section in proper form for recording, together with a title policy for the municipality in a sum acceptable to the municipality.

(6)

Performance agreement as outlined in article IV, division 2 of this chapter, if required, in a form acceptable to the municipality in an amount satisfactory to the municipal engineer and the governing body which shall include a provision that the principle of the bond shall comply with all the terms of final plat approval as determined by the governing body and shall include, but not be limited to, the performance all required subdivision improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the municipality free and clear of all liens and encumbrances on the premises.

(7)

At least six, but not more than ten copies of any proposed restrictive covenants and deed restrictions, or written statement that none are proposed.

(8)

Such other information as the municipality shall deem to be reasonably necessary to establish whether the proper parties have signed the final plat.

(9)

A letter from the county bureau of environmental health, if applicable for those subdivisions requiring individual wells and septic systems, indicating that the proposed final plat is consistent with the preliminary plat as approved by the county bureau of environmental health.

(10)

Other such information as the municipal engineer may require to reasonably ensure the extent of completion of any required unfinished public improvements.

(Code 1969, ch. 151, § 412.0)

The subdivider shall submit the final plat and required copies with as-built drawings and other data as required in this division to the city clerk-treasurer.

(1)

The city must hold a public hearing as is required by section 15 of Public Act No. 285 of 1931 (MCL 125.45), with notices to be sent by first class mail to the owners of land immediately adjoining the proposed plat, at least five, but not more than 15 days prior to the hearing date.

(2)

The governing body shall within 20 days of the submission date for final plat approval act on the final plat and shall either approve or disapprove the plat. If the plat is disapproved, the governing body shall transmit to the subdivider its reasons for denial in writing within ten days. If approved, the board shall instruct the clerk-treasurer to sign the municipal certificate on the final plat on behalf of the governing body showing the date of approval and record all proceedings in the minutes of the meeting.

(Code 1969, ch. 151. § 413.0)

State Law reference— Approval of final plat, MCL 560.166 et seq.

(a)

It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered professional engineer of this state, a complete set of as-built drawings including but not limited to profiles, cross sections, specifications other supporting data for all required improvements and other facilities as deemed required by the governing body. Such as-built plans shall be based on the preliminary plans which have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat. The city shall obtain all required state department of natural resources and state department of public health permits for water and sewer.

(b)

No grading, land filling, land removal, removal of trees or other vegetation, construction of improvements, or other material changes except for that which is required by any of the reviewing agencies for the purpose of aiding in their review of the preliminary plat, shall commence on the subject property until the proprietor has:

(1)

Received written notice from the governing body or its designee that the municipality has issued approval of the preliminary plat.

(2)

Deposited with the municipality a bond or other form of security required by this chapter for the provision of improvements and inspections.

(3)

Received written approval of the submitted engineering plans for each improvement from the municipal engineer of each improvement to be installed prior to final plat approval.

(Code 1969, ch. 151, § 701.0)

Every subdivider proposing to make a major subdivision as defined in this chapter shall be required to install the following public and other improvements. Where the rules of this chapter are in conflict with those of any other agency, the rules of this chapter shall prevail. All of the required improvements listed below are subject to financial guarantees of performance established in article IV, division 2 of this chapter.

(1)

Monuments and lot irons shall be set in accordance with the Land Division Act (MCL 560.101 et seq.) and the rules promulgated by the state department of treasury.

(2)

Streets and roads shall be constructed in accordance with the standards and specifications outlined in this chapter and those rules promulgated by the city having such responsibility for approving streets and roads.

(3)

Where required, curb and gutter shall be located along all streets within the plat in accordance with this chapter and the rules promulgated by the municipal engineer or other municipal body or agency with responsibility for approving such.

(4)

Installation of public utilities including but not limited to electric, telephone, cable, water, and sewer, shall be installed underground and shall be installed in accordance with this chapter, the Land Division Act (MCL 560.101 et seq.), and those rules promulgated by the state public service commission, as amended.

(5)

Driveway openings and curb cuts as specified by the state department of transportation for state and federal roads and, if applicable the municipality having jurisdiction, for all other roads within the municipality. Driveway openings for residential lots shall have a maximum opening of 20 feet with a minimum radius of five feet at the street curb. Not more than one driveway for a lot with a width of 100 feet or less shall be permitted for a residential lot and in no instance shall be driveway be located closer than 40 feet to a street intersection. Driveway openings for industrial lots shall have a minimum opening of 30 feet with a minimum radius of 30 feet at the street curb. In no instance shall a driveway be located closer than 50 feet to a street intersection.

(6)

An adequate storm drainage system including the necessary storm sewers, drain inlets, manholes, culverts, bridges and other appurtenances, shall be required in all subdivisions. These requirements shall conform to this chapter and those standards required by the county drain commissioner.

(7)

Water supply systems and appurtenances shall be provided to each lot where public water is available or may be required by the governing body where public water supply is reasonably proximate or is planned to be installed. All construction shall conform to the specifications and standards of the state department of public health and the municipal engineer. All easements and improvements for such systems shall be dedicated to the public for administration, operation, and maintenance. Individual wells shall be permitted where such public facilities not available, reasonably proximate, or planned, and shall conform to those installation requirements set forth by the county bureau of environmental health where public water is not available.

(8)

Sanitary sewer systems and appurtenances shall be provided to each lot where sanitary sewer is available or may be required by the governing body where the sanitary sewer is reasonably proximate or is planned to be installed. All construction shall conform to the specifications and standards of the state department of natural resources and the municipal engineer. All easements and improvements for such systems shall be dedicated to the public for administration, operation, and maintenance. Individual septic systems shall be permitted where such public facilities not available, reasonably proximate, or planned, and shall conform to those installation requirements set forth by the county bureau of environmental health where public sewer is not available.

(9)

Where oversized facilities are required by the municipality, the proprietor shall be responsible only for his share of the costs associated with the proposed subdivision based upon some land measure, service area, population, or some other proportionate measure. The amount of proprietor responsibility and the means of allocating costs shall be agreed upon prior to final approval of the preliminary plat by the municipality.

(10)

Where required pedestrian ways shall be constructed in accordance with the specifications provided by the city.

(11)

Public areas where provided shall be dedicated to the public prior to final plat approval by the governing body board.

(12)

Where required, street lighting shall be located and installed by the municipality along all roads in accordance with this chapter.

(Code 1969, ch. 151, § 702.0)

All improvements required by this chapter shall be inspected by the city, except for improvements made under the jurisdiction of other governmental agencies responsible for their own inspections. Where these inspections are made by other agencies, the city shall be given a report of final inspection from those agencies indicating that the required improvements have been completed.

(1)

It shall be the proprietors responsibility to notify the municipality or any other public agency responsible for inspections when an inspection is desired.

(2)

The proprietor shall bear the final responsibility for the installation and construction of all required improvements according to the provisions of this chapter and to the standards and specifications of other public agencies.

(3)

Approval of installation and construction shall not constitute acceptance by the municipality of any improvement for dedication purposes.

(4)

The proprietor shall pay all inspection costs incurred by the municipality according to the schedules of fees adopted by the municipality for such inspections, by deposit to an escrow account held by the municipality for such purposes prior to final plat approval. Any funds not used by the municipality in its inspections shall be refunded to the proprietor when the subdivision, or phase thereof, is completed. The proprietor shall pay to the municipality an amount by which the cost of inspection exceeds the deposit fee.

(5)

The proprietor shall be responsible for removal of all equipment, material, and general construction debris from the subdivision and from any lot, street, or public way or property therein or adjacent thereto.

(Code 1969, ch. 151, § 703.0)

The construction of all improvements required by this chapter shall be completed by the subdivider and approved by the governing body prior to final plat approval. In lieu of the actual installation and approval of all public improvements required by this chapter prior to final plat approval, the governing body may, in its discretion for those requirements which are over and beyond the requirements of any other approving agency, or any agency responsible for the administration, operation and maintenance of the applicable public improvements, require the subdivider to guarantee completion of such required improvements in one or a combination of the following arrangements. In each instance where the subdivider is to guarantee completion of required improvements, the municipality and the subdivider shall enter into a written agreement specifying in detail the nature of the required improvements, the time in which these improvements are to be completed, provisions for checking or inspecting the construction of each such improvement to determine its conformity to the submitted construction plans and specifications, and the nature of the financial guarantee of performance which is to be provided by the subdivider for each improvement.

(Code 1969, ch. 151, § 501.0)

Financial guarantees shall be provided by one or both of the following methods:

(1)

Performance or surety bond.

a.

Accrual. The bond shall accrue to the municipality and shall cover the full cost of constructing and installing the specific public improvement and, where applicable, placing the specific public improvements in operation.

b.

Amount. The bond shall be in an amount equal to the total estimated cost for completing construction and installation of the specific public improvement, including contingencies as estimated by the municipal engineer and governing body, as well as, where applicable, the total estimate of the cost of placing the specific public improvement in operation, including contingencies as estimated by the municipal engineer and governing body.

c.

Term. The term of the bond shall be for such period as shall be deemed acceptable by the governing body.

d.

Bonding or surety company. The bond shall be written by a surety company authorized to do business in the state acceptable to the governing body.

(2)

Cash deposit, certified check, negotiable bond, or irrevocable bank letter of credit.

a.

Treasurer, escrow agent or trust company. A cash deposit, certified check, negotiable bond, or irrevocable bank letter of credit, as approved by the governing body, shall be deposited with the municipality. Such deposit shall be made pursuant to a written escrow agreement between the subdivider and the municipality. The escrow agreement may provide that the deposit will be held by the clerk-treasurer.

b.

Value. The dollar value of the financial instrument shall be in an amount equal to the total estimated cost of construction and installation of the specified public improvement including contingencies, as estimated by the municipal engineer and governing body.

c.

Term. The deposit shall be retained by the municipality for a period to be specified by the governing body.

(Code 1969, ch. 151, § 502.0)

The written agreement between the subdivider and the municipality may provide for progressive remuneration in various amounts acceptable to the municipality, of the financial instruments outlined in sections 50-181 and 50-182. The amount of remuneration shall be reduced only upon certification by the municipal engineer that the specific required public improvement has been satisfactorily completed and installed. The amount of remuneration shall be reduced only to the ratio that the public improvement bears to the total public improvements to the plat. At no time, however, shall a performance bond be reduced below 25 percent of the principal amount.

(Code 1969, ch. 151, § 503.0)

Acceptance of formal offers of dedication of streets, public areas, easements, and parks shall be by ordinance/resolution of the municipality. The approval by the municipality of a subdivision shall not be deemed to constitute or imply the acceptance by the municipality of any public improvement shown on the plat.

(Code 1969, ch. 151, § 504.0)

In the event the subdivider shall, in any case, fail to complete a public improvement within a period of time specified in his agreement with the municipality for the completion of such improvements, the governing body may, at its option, proceed to have the public improvement completed. The subdivider shall reimburse the municipality for all costs associated with the completion of such improvement from the bond or deposit provided pursuant to this chapter.

(Code 1969, ch. 151, § 505.0)

Whenever, by reason of the season of the year, any lot improvements required by this chapter cannot be performed, the municipality may issue a certificate of occupancy, provided there is no danger to health, safety, or general welfare upon accepting a cash escrow deposit in an amount to be determined by the municipality for the cost of such improvements. Any performance bond in effect shall remain in effect. All requirements for which escrow monies have been accepted by the municipality at the time of issuance of a certificate of occupancy shall be installed by the developer within a period of nine months from the date of deposit. Prior to these escrow monies being released, the appointed engineer shall certify that the public improvements have been completely and correctly installed.

(Code 1969, ch. 151, § 506.0)

No building permit shall be issued for the final 15 percent of lots in a subdivision; if 15 percent is less than two lots, then no building permit shall be issued for the final two lots of a subdivision, until all public improvements required by the municipality have been fully completed and dedicated to the appropriate body having jurisdiction. No building permit will be issued for any lot or parcel which does not have facilities for sewage disposal or potable water. Prior to the issuance of any building permits, well and septic permits from the state bureau of environmental health shall be required for on-site systems or permits from the city shall be required for lots or parcels connected to municipal sewer or water systems.

(Code 1969, ch. 151, § 507.0)

The extent of street improvements shall be sufficient for vehicular access by the prospective occupant and by all public protective service equipment, which may include police and fire equipment, prior to the issuance of occupancy permit. Sufficiency of public vehicular access shall be determined by the municipal police and fire chiefs, and at a minimum shall require a base layer of asphalt or other paving material with adequate compaction to support the weight and movement of public safety vehicles.

(Code 1969, ch. 151, § 508.0)

For the purpose of allowing the early construction of model homes in a subdivision, the municipality in its discretion may issue permits for no more than two lots provided that those lots derive access from an existing city, county or state road or highway, and provided that adequate vehicular access for police and fire equipment exists on a local road serving the proposed subdivision, and provided that adequate facilities for water and sewer are available. Permits for model homes shall only be issued after the subdivider has received preliminary plat approval and shall be subject to any conditions as may be required by the municipality.

(Code 1969, ch. 151, § 509.0)