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West Bloomfield Charter Township
City Zoning Code

CHAPTER 21

SUBDIVISION AND LAND DIVISION

ARTICLE V. - LAND DIVISION[2]


Footnotes:
--- (2) ---

Editor's note— Ord. No. C-789, § 1, adopted Mar. 10, 2014, repealed the former art. V., §§ 21-86—21-94, and enacted a new art. V as set out herein. The former art. V was entitled "Division of Land in Recorded Plat", and derived from Ord. No. 115, Art. VI, §§ 600—606, adopted Feb. 22, 1983; Ord. No. C-284, § 1, adopted Aug. 20, 1990; and ; Ord. No. C-351, § 1, adopted Mar. 23, 1992.


ARTICLE VI. - RESERVED[3]


Footnotes:
--- (3) ---

Editor's note— Ord. No. C-789, § 2, adopted Mar. 10, 2014, repealed art. VI, § 21-106, entitled "Division of Unplatted Land", which derived from Ord. No. 115, § 700, adopted Feb. 22, 1983; Ord. No. C-284, § 2, adopted Aug. 20, 1990; and Ord. No. C-351, § 2, Mar. 23, 1992.


Sec. 21-1. - Purposes.

The purposes of this chapter are to provide for the orderly growth and harmonious development of the township; to secure adequate traffic circulation through coordinated street systems with relation to thoroughfares and collector streets, pedestrian/bicycle paths, adjoining subdivisions, and public facilities; to achieve individual property lots of maximum utility and livability; to secure adequate provisions for water supply, drainage and sanitary sewage, and other health requirements; to secure adequate provisions for recreational areas; to preserve significant natural features of the land such as wetlands, watercourses, flood plains, woodlands and hillsides; and to provide logical procedures for the achievement of these purposes.

(Ord. No. 115, § 101, 2-22-83)

Sec. 21-2. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section. All terms as defined in the subdivision act shall control in this chapter unless indicated to the contrary in this section:

Block means property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets, or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or live stream; or between any of the foregoing and any other barrier to the continuity of development.

Easement means a grant by the owner for the use of land by the public, a corporation, or a person, for specific uses and purposes, to be designated as public easement or private easement depending on the nature of the use.

Improvements means grading, street surfacing, curb and gutter, pedestrian/bicycle paths, crosswalks, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities, landscaping and other additions to the natural state of land which increase its value, utility or habitability.

Master plan means the comprehensive master plan for future land use of the township including graphic and written proposals indicating the general locations recommended for the streets, parks, schools, public buildings, zoning districts and all physical developments of the township, and includes any unit or part of such plan separately adopted, and any amendments to such plan or parts thereof duly adopted by the planning commission.

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

(1)

Preliminary plat means a map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration, prepared in conformance with the subdivision act.

(2)

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

Public walkways means a right-of-way dedicated for the purpose of a pedestrian access through residential areas, and located so as to connect to two (2) or more streets, or a street and a public land parcel.

Road commission means the board of county road commissioners.

Safety paths means an improvement located within public or private rights-of-way designed primarily for the use of pedestrians as shown on the master safety path plan.

Street means any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway; or a street or way shown in a plat heretofore approved pursuant to law or approved by official action; or a public or private street or way on a plat duly filed and recorded in the office of the county register of deeds. A street includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, pedestrian/bicycle paths, parking areas and lawns.

(1)

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

(2)

Secondary thoroughfare means a street intended to serve as a major means of access from streets to major thoroughfares and has considerable continuity within the framework of the township's master plan.

(3)

Collector street means a street which accommodates through vehicular traffic from beginning to end, but without continuity through the township, and which serves primarily to collect traffic from minor streets and provide it access to major or secondary thoroughfares.

(4)

Minor street means a street of limited continuity used primarily as access to abutting properties.

a.

Boulevard street means a street developed as two (2), one-way pavements separated by a median.

b.

Cul-de-sac (court) means a minor street of short length, having one (1) end open to traffic and being permanently terminated by a vehicular turnaround.

c.

Turnaround (place) means a minor street of short length with two (2) openings to traffic, beginning from the same street, and projecting parallel to each other and connecting at their termination by a loop.

d.

Alley means a minor vehicular way used primarily to serve as an accessway to the back or side of properties otherwise abutting on a street.

Subdivision means the partitioning or dividing of a parcel or tract of land by the proprietor thereof or by his heirs, executors, administrator, legal representatives, successors or assigns for the purpose of sale, or lease for more than one (1) year, or of building development, where the act of division creates five (5) or more parcels of land each of which is ten (10) acres or less in area; or five (5) or more parcels of land each of which is ten (10) acres or less in area are created by successive divisions within a period of ten (10) years.

Subdivision act means the Subdivision Control Act, Michigan Public Act No. 288 of 1967 (MCL 560.101 et seq.), as amended.

(Ord. No. 115, § 200, 2-22-83; Ord. No. C-355, § 1, 6-1-92)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 21-3. - Interpretation.

The provisions of this chapter shall be held to be the minimum requirements adopted for the promotion and preservation of the public health, safety and general welfare of the township. This chapter is not intended to repeal, abrogate, annul or in any manner interfere with existing regulations or laws of the township, nor conflict with any statutes of the state or the county, except that this chapter shall prevail in cases where it imposes a greater restriction than is provided by existing statutes, laws or regulations.

(Ord. No. 115, Art. X, 2-22-83)

Sec. 21-4. - Compliance standards.

The approvals required under the provisions of this chapter shall be obtained prior to the installation of any subdivision or project improvements within the township, in public streets, public alleys, public rights-of-way and public easements, and under the ultimate jurisdiction of the township. All subdivision or project improvements within the township installed in public streets, public alleys, public rights-of-way or public easements, and under the ultimate jurisdiction of the township shall comply with all of the provisions and requirements of this chapter or any other related ordinance.

(Ord. No. 115, Art. VIII, 2-22-83)

Sec. 21-5. - Variances.

(a)

The township board or the planning commission may authorize a variance from this chapter when in their opinion undue hardship may result from strict compliance. In granting any variance, the planning commission or the township board shall prescribe only conditions that are deemed necessary to or desirable for the public interest. In making their findings, the township board or the planning commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the effect upon traffic conditions in the vicinity.

(b)

The township board may authorize a variance from this chapter in the case of a planned residential development option where such option is permitted by the township zoning ordinance and which, in the judgment of the township board, and after recommendation from the planning commission, provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs.

(Ord. No. 115, §§ 900, 901, 2-22-83)

Sec. 21-6. - Fees.

(a)

Preliminary and final plat review fees, planning fees, engineering fees, attorney fees, inspection fees, water and sewer connection charges and other applicable development charges shall be paid by the proprietors as may be prescribed by resolution of the township board.

(b)

The fees to be paid by a subdivider for the examination and inspection of plats, and the land proposed to be subdivided, and related expenses shall be established by resolution of the township board. The required fee shall be deposited with the township clerk at the time of filing a preliminary plat for approval, and no preliminary plat shall be considered or reviewed unless and until the required fee is paid.

(c)

If permanent monuments are not placed at the time of survey, the proprietor shall deposit with the clerk cash, a certified check or an irrevocable bank letter of credit, in the amount of twenty-five dollars ($25.00) per monument and not less than one hundred dollars ($100.00). Such deposit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments have been placed in the proper locations and within the one-year time period, as required by section 125 of the Subdivision Act (MCL 560.125).

(d)

When the final plat is submitted to the clerk, a fee established by resolution of the township board shall be paid, to be sent to the clerk of the county plat board after the final plat is approved by the township board.

(Ord. No. 115, §§ 1100—1102, 2-22-83)

Sec. 21-21. - Generally.

The preparation of a subdivision for platting shall be carried out through two (2) phases: preliminary plat and final plat, all in accordance with the procedure set forth in this article.

(Ord. No. 115, Art. III, 2-22-83)

Sec. 21-22. - Initial investigation.

(a)

Prior to the preparation of a preliminary plat, it is suggested that the proprietor meet informally with township departments to investigate the procedures and standards of the township with reference to this chapter and with the proposals of the master plan as they affect the area in which the proposed subdivision is located. The planning staff will make the proprietor aware of topographic maps, wetland and flood plain maps, environmental inventories and township policies concerning the development of environmentally significant areas. The proprietor may submit a pre-preliminary plat at this time, but not more than one (1) meeting shall be devoted to the pre-preliminary plat unless agreed to by the planning commission.

(b)

The proprietor should concern himself with the following:

(1)

The proprietor or his representative shall secure a copy of the township zoning ordinance (chapter 26), subdivision regulations (this chapter) and subdivision control act of 1968, the township wetland and flood plain protection ordinance (chapter 12, article V), engineering specifications, and other similar ordinances or controls relative to the subdivision and improvement of land so as to make himself aware of the requirements of the township.

(2)

The area for the proposed subdivision shall be properly zoned and if applicable have been qualified for the intended use and development technique.

(3)

The relationship of the area to existing schools, parks, playgrounds, public open spaces and facilities and pedestrian/bicycle path networks as they relate to pedestrian and automobile movement, safety and convenience.

(4)

The relationship of the parcel to major and secondary thoroughfares, the county right-of-way plan and anticipated improvements, the relationship of the area to adjoining parcels and developments.

(5)

Standards for sewage disposal, water supply and drainage of the township shall be investigated by the proprietor.

(Ord. No. 115, § 300, 2-22-83)

Sec. 21-23. - Tentative approval of preliminary plat.

The procedure for preparation and submittal of a preliminary plat of the land area to be subdivided for tentative approval in accordance with section 112 of the subdivision act shall be as follows:

(1)

Filing:

a.

Eight (8) copies of the preliminary plat of the proposed subdivision, together with written application and the required fees, shall be submitted to the clerk or the clerk's designee for the planning commission.

b.

The preliminary plat shall be prepared in accordance with section 111 of the subdivision act and in accordance with the requirements of this chapter. It shall not be necessary that initial submission be prepared by and sealed by a surveyor, provided that properly sealed copies of the preliminary plat are filed with the township prior to the grant of tentative approval by the planning commission.

c.

Scheduling of a proposed plat for tentative preliminary plat approval by the planning commission will depend to a large extent on the ability of the proprietor to submit a proposal which complies substantially to applicable ordinances and regulations. Following a favorable endorsement of the tentative preliminary plat by applicable review agencies and departments, the proposals will be placed on the next available planning commission agenda. The planning commission shall act on the preliminary plat within sixty (60) days after the date of filing unless the proprietor agrees to an extension of time in writing.

d.

At the time of filing application for tentative approval of any proposed subdivision, review and inspection fees shall be paid to the township clerk in accordance with section 21-6.

(2)

Identification and description: The preliminary plat shall include:

a.

Proposed name of subdivision;

b.

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

c.

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

d.

Scale of plat, 1" = 100' as minimum acceptable scale;

e.

Date;

f.

Northpoint.

(3)

Existing conditions: The preliminary plat shall include:

a.

An overall area map at a scale of not less than 1" = 2,000' showing the relationship of the subdivision to its surroundings such as section lines and major thoroughfares or collector streets;

b.

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

c.

Property lines of adjacent tracts of subdivided and unsubdivided land shown in relation to the tract being proposed for subdivision, including those of areas across abutting roads;

d.

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

e.

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

f.

Topography drawn as contours with an interval of at least two (2) feet, and extending at least one hundred (100) feet beyond the property lines. Topography to be based on United States Geological Survey datum;

g.

Location of existing buildings on the site and all buildings located on the adjacent property within fifty (50) feet of the plat boundary;

h.

Flood plain and wetland areas as indicated on the official wetland and flood plain maps on file in the clerk's office must be shown;

i.

Existing stands of mature trees (over six-inch caliper) must be shown based on a field inventory or aerial photographs. A brief narrative describing the character of the wooded area (size range and predominant species of the trees) must be submitted;

j.

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

(4)

Proposed conditions: The preliminary plat shall include:

a.

Layout of streets indicating proposed street names, right-of-way widths and connections with adjoining platted streets and also the widths of alleys, easements and pedestrian/bicycle paths;

b.

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

c.

Indication of parcels of land intended to be dedicated or set aside for public use or for the use of property owners in the subdivision. Indicate the area of open space and the percentage of the horizontal development area. All proposed improvements to the open space should be indicated (i.e., bicycle paths, nature trails, play equipment, landscaping, etc.);

d.

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

e.

An indication of system proposed for sewage by a method approved by the township board;

f.

An indication of system proposed for water supply by a method approved by the township board;

g.

An indication of storm drainage proposed by a method approved by the township board and, if involving county drains, the proposed drainage shall be acceptable to the county drain commissioner;

h.

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

i.

A note acknowledging the requirement for the provision of two (2) street trees per lot in accordance with the provisions of section 21-67, must be indicated on the plan.

(5)

Preliminary plat review by planning commission:

a.

The clerk shall receive and check for completeness the preliminary plat as required under subsections (1) through (4). If complete, the preliminary plat shall be forwarded to applicable review agencies and departments for review and comment. Following favorable endorsements from review agencies and departments, the proposed plat will be placed on the next available planning commission agenda.

b.

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

c.

The planning commission shall approve or reject the preliminary plat.

1.

Should the approval be a conditional approval, the conditions and modifications shall be included on the preliminary plat by the proprietor and five (5) copies of the revised plat shall be returned to the planning staff within seven (7) days of the action of the planning commission or the plat will be rejected; however, an extension may be granted by the planning director upon written request by the proprietor.

2.

Should the planning commission reject the preliminary plat, it shall record the reasons for rejection in its minutes. Copies of the minutes shall be sent to the proprietor and filed in the office of the clerk.

3.

Should the planning commission find that all conditions have been satisfactorily met and the preliminary plat conforms to the subdivision act and this chapter, it shall give tentative approval to the preliminary plat. The chairman shall make a notation to that effect on each copy of the preliminary plat and distribute copies of the same as follows:

i.

Return one (1) copy to the proprietor;

ii.

Retain one (1) copy which shall become a matter of permanent record in the planning commission files;

iii.

Forward one (1) copy to the building department;

iv.

Forward one (1) copy to the assessor; and

v.

Forward one (1) copy to the clerk.

(6)

Appeal of planning commission action. The action of the planning commission shall become the action of the township board unless, within ten (10) days after the approved preliminary plat or the record of rejection is filed with the clerk, the proprietor shall file with the clerk a written request for hearing before the township board.

(7)

Hearing. A hearing, if requested, shall be held by the township board at its next regular meeting occurring not less than ten (10) days after the filing of a request. Following the hearing the township board shall approve or reject the preliminary plat in accordance with section 112 of the subdivision act.

(8)

Rights conferred by tentative approval. Tentative approval of the preliminary plat shall confer upon the proprietor the rights granted by section 112 of the subdivision act.

(Ord. No. 115, § 301, 2-22-83)

Sec. 21-24. - Final approval of preliminary plat.

The procedure for the preparation and review of a preliminary plat for final approval under section 120 of the subdivision act is as follows:

(1)

The proprietor shall file a valid preliminary plat with the clerk together with a list certifying all authorities required for approval in sections 112 and 119 of the subdivision act, as well as the school district having jurisdiction in the area concerned. The proprietor shall also provide approved copies of the plats from each of the required authorities.

(2)

The township board shall take action on the preliminary plat within twenty (20) days of the submission of all necessary approved plats.

(3)

If the preliminary plat conforms substantially to the tentatively approved preliminary plat and meets all conditions laid down for tentative approval, the township board shall give final approval to the preliminary plat. If the plat does not, the board shall return the plat to the commission.

(4)

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

(5)

Final approval shall be effective for a period of two (2) years from the date of final approval. The two-year period may be extended if applied for by the proprietor and granted by the township board in writing.

(6)

No installation or construction of any improvements including any wetlands or flood plain modifications shall be made before the preliminary plat has received final approval of the township board, engineering plans have been approved by the township engineer, and any deposits required under article IV of this chapter have been received by the township.

(Ord. No. 115, § 302, 2-22-83)

Sec. 21-25. - Final plat.

The procedure for preparation and review of a final plat shall be as follows:

(1)

Preparation:

a.

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

b.

The final plat shall conform substantially to the preliminary plat as approved and it may constitute only that portion of the approved preliminary plat which the proprietor proposes to record and develop at the time; provided, however, that such portion conforms to this chapter. If it does not so conform, the plat shall be returned to the planning commission.

c.

The proprietor shall submit as evidence of title an abstract of title certified to date with the written opinion of an attorney-at-law thereon or, at the option of the proprietor, a policy of title insurance for examination in order to ascertain as to whether or not the proper parties have signed the plat.

(2)

Final plat review:

a.

Six (6) mylar copies and six (6) paper prints of the final plat shall be filed by the proprietor with the clerk and shall deposit such sums of money as the township board may require.

b.

The final plat shall be reviewed by the township engineer as to compliance with the approved preliminary plat and plans for utilities and other improvements.

c.

The township board shall review all recommendations and take action on the final plat within twenty (20) days of the date of filing.

d.

Upon the approval of the final plat by the township board, the subsequent approvals shall follow the procedure set forth in the subdivision act. The six (6) prints of the final plat shall be forwarded one (1) each as follows: clerk's office, building department, assessor's office, police department, fire department, and water and sewer department. The six (6) mylar copies shall be forwarded to the clerk of the county plan board.

(Ord. No. 115, § 303, 2-22-83)

Sec. 21-41. - Generally.

The subdivision design layout standards set forth under this article are development guides for the assistance of the proprietor. All final plans must be reviewed and approved by the township board.

(Ord. No. 115, Art. IV, 2-22-83)

Sec. 21-42. - Streets.

(a)

Generally: Streets shall conform to at least all minimum requirements of the general specifications and typical cross-sections as set forth in this section, and other conditions set forth by the township board and road commission.

(b)

Location and arrangement:

(1)

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

(2)

The street layout shall provide for continuation of major or secondary thoroughfares or collector streets in the adjoining subdivisions or of the proper projection of streets when adjoining property is not subdivided.

(3)

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

(4)

Should a proposed subdivision border on or contain an existing or proposed major or secondary thoroughfare, the planning commission may require marginal access streets, reverse frontage or such other treatment as may be necessary for adequate protection of residential properties and to afford separation and reduction of traffic hazards.

(5)

Should a proposed subdivision border on or contain a railroad, freeway or other limited-access highway right-of-way, the planning commission may require the location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for the development of an appropriate use of the intervening land. Such distances shall be determined with due consideration of the minimum distance required for approach grades to future grade separation.

(6)

Half streets shall be prohibited, except where absolutely essential to the reasonable development of the subdivision in conformity with the other requirements of this chapter, and where the planning commission finds it will be practicable to require the dedication of the other half when the adjoining property is developed. Wherever there exists adjacent to the tract to be subdivided a dedicated or platted and recorded half street, the other half shall be platted.

(c)

Right-of-way widths: Street right-of-way widths shall conform to at least the following minimum requirements or the requirements of the road commission, whichever is greater:

Street type Right-of-way widths (in feet)
Urban super highway 150
Major thoroughfare 120 or in conformance with the master plan
Secondary thoroughfares 120
Collector streets 86
Industrial service streets 60
Multiple-family residential streets where platted 60
Minor (single-family residential) streets 60
Marginal access streets 50
Turnaround (loop) street 120
Alley 20
Cul-de-sac streets—Turnarounds
Industrial 75 (radius)
Residential and others 60 (radius)
(Maximum length for cul-de-sac streets shall be 600 feet unless approved by the planning commission.)

 

(d)

Grade standards: For adequate drainage, minimum street grades shall meet the minimum requirements of the road commission.

(e)

Street geometrics: Standards for maximum and minimum street grades, vertical and horizontal street curves and sight distances shall be as required by the road commission.

(f)

Street intersections: Streets shall be laid out so as to intersect as nearly as possible to ninety (90) degrees. Streets which intersect the same street shall have a distance of no less than one hundred (100) feet between them, measured from center line to center line.

(g)

Grading and center line gradients: Per plans and profiles approved by the road commission.

(h)

Acceleration, deceleration, passing lanes: Streets which intersect with major or secondary thoroughfares shall be provided with paved acceleration and deceleration lanes and passing lanes on both sides of the thoroughfare. Such lanes shall be provided in keeping with the standards approved by the township board for this type of improvement.

(Ord. No. 115, § 400, 2-22-83)

Sec. 21-43. - Blocks.

Blocks within subdivisions shall conform to the following standards:

(1)

Sizes:

a.

Blocks shall not exceed one thousand three hundred and twenty (1,320) feet in length, except where, in the opinion of the planning commission, physical conditions may justify a greater distance.

b.

Widths of blocks shall be determined by the condition of the layout and shall be suited to the intended layout.

(2)

Public walkways:

a.

Location of public walkways, crosswalks or pedestrian/bicycle paths may be required by the planning commission to obtain satisfactory pedestrian access to public or private facilities such as, but not limited to, schools and parks.

b.

Public access shall be provided via a dedicated open space at least thirty (30) feet in width. The plat shall provide a detailed landscape plan for the access which adequately buffers the walkway from adjoining residences. Where internal pedestrian/bicycle paths or public walkways or access is provided such details shall be specifically noted on the final plat either graphically, textually or both.

(3)

Easements:

a.

Location of utility line easements shall be provided along the front, rear or side lot lines as necessary for utility lines. Such easements shall be a total of not less than twenty (20) feet wide, ten (10) feet from each parcel, for side or rear lot lines. Front lot line easements shall be not less than six (6) feet in width. Easements shall give access to every lot, park or public grounds.

b.

Recommendations on the proposed layout of telephone and electric company easements should be sought form all of the utility companies serving the area, and shall be in accordance with section 21-63. It shall be the responsibility of the proprietor to submit copies of the preliminary plat to all appropriate public utility agencies.

c.

Easements three (3) feet in width shall be provided where needed along side lot lines so as to provide for streetlight dropouts. Prior to the approval of the final plat for a proposed subdivision, a statement shall be obtained from the appropriate public utility indicating that easements have been provided along specific lots. A notation shall be made on the final plat indicating: "The side lot lines between lots (indicate lot numbers) are subject to streetlight dropouts rights granted to the (name of utility company)."

(Ord. No. 115, § 401, 2-22-83)

Sec. 21-44. - Lots.

Lots within subdivisions shall conform to the following standards:

(1)

Sizes, shapes:

a.

The lot size, width, depth and shape in any subdivision proposed for residential uses shall be appropriate for the location and type of development contemplated.

b.

Lots, areas and widths shall conform to at least the minimum requirements of the township zoning ordinance for the district in which the subdivision is proposed, and development option used.

c.

Building setback lines shall conform to at least the minimum requirements of the township zoning ordinance.

d.

Corner lots in residential subdivisions shall be platted at least ten (10) feet wider than the minimum width permitted by the township zoning ordinance.

e.

Excessive lot depth in relation to width shall be avoided. A depth-to-width ratio of 3:1 shall normally be considered a maximum.

f.

Lots fronting on or backing onto a major thoroughfare shall be no less than one hundred and forty-five (145) feet in depth. Such lots on a secondary thoroughfare shall be no less than one hundred and thirty-five (135) feet in depth.

g.

The minimum distance between the front yard setback line and rear yard setback line of a lot shall be thirty (30) feet.

h.

Lots and outlots intended for purposes other than residential use shall be specifically designed for such purposes, and shall have adequate provision for off-street parking and setbacks, all in accordance with the requirements of the township zoning ordinance. If the use intended requires special approval of the planning commission or the zoning board of appeals, such approval shall be obtained prior to the approval of the final plat.

(2)

Lot arrangement:

a.

Every lot shall front or abut on a street.

b.

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

c.

Residential lots abutting major or secondary thoroughfares or collector streets shall be platted with reverse frontage lots, or with side lot lines parallel to the major traffic streets, or shall be platted with extra depth to permit generous distances between buildings and such trafficway.

d.

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

e.

Where lots border upon bodies of water, the front yard may be designated as the waterfront side of such lot provided the lot has sufficient depth to provide adequate setback on the street side to maintain a setback for all structures equal to the front setback on the street side as well as on the waterfront side.

f.

Where lots are adjacent to a wetland or flood plain area, as shown on the official wetland and flood plain maps, no lot or portion of a lot may extend into such wetland area unless a permit is approved by the planning commission.

(Ord. No. 115, § 402, 2-22-83)

Sec. 21-45. - Development options.

When considering residential development in the township, consideration should be given to development options provided in the township zoning ordinance; i.e. averaged lot size option, planned subdivision option and cluster option. Below is a brief description of provisions in each option and when it may be used.

(1)

Averaged lot size (See section 26-80). This option allows for fluctuations in lot area and depths in the R-15 single-family residential zone only. As the name suggests, while some lots may be reduced in lot area (not less than thirteen thousand five hundred (13,500) square feet) and lot depth (not less than one hundred five (105) feet), the overall density shall not exceed what could be achieved if the land area were subdivided in the minimum square foot area required for the district (gross density 2.2 dwelling units per acre). This option is well-suited for use where the land area has unusual topographic conditions, is adjacent to permanent open space or abuts an older existing subdivisions that has lots which are substandard in terms of lot area and width.

(2)

Planned subdivision option (See section 26-82). This option may be used in any single-family residential districts provided the planning commission determines that the property to be subdivided contains natural features which should be preserved; contains topographic conditions which make normal subdivision practices impractical; contains substantial amounts of wetlands, floodplains or poor soil conditions; or has some other feature which, in the judgment of the planning commission, is unique. Petitions for use of this options must be supported by documentation evidence. Under the planned subdivision option lots shall have a minimum width of eight (80) feet and shall have a minimum lot area of ten thousand eight hundred (10,800) square feet (if the lot is adjacent to a dedicated open space, lot area may be reduced to eight thousand eight hundred (8,800) square feet). The township zoning ordinance provides for reduced setbacks and zero lot lines under certain conditions. A minimum of seventeen (17) percent of the development area must be dedicated open space. Densities may not exceed densities permitted or attainable under normal subdivision techniques. (See section 26-82 for an explanation of properties which must be excluded from density credit.)

(3)

One-family clustering option (See section 26-80). This option is generally accomplished through the provisions of the condominium control act and would only be applicable to the state subdivision control act and subdivision regulations on rare occasions. It is included here only to highlight its potential use for single-family residential development. This option may be used in any single-family residential district provided the planning commission determines that the property to be considered qualifies for use of this option because of natural features which should be preserved; contains unusual topography; substantial amounts of wetlands, flood plains or poor soils; or other qualifying criteria as outlined in section 26-81(b). Under the provisions of the cluster option up to four (4) units may be attached (via an approved architectural detail). If detached units are used minimum spacing must be provided. Densities may not exceed that permitted under normal subdividing practices and provide no density bonus. A minimum of seventeen (17) percent of the development area must be open space.

(Ord. No. 115, § 403, § 2-22-83; Ord. No. C-295, § 1, 1-21-91)

Sec. 21-46. - Natural features.

Due consideration must be given to natural features such as large trees, unusual topographic conditions, natural drainage patterns, wildlife habitats, wetlands and flood plains. Any areas of land within the proposed subdivision which lie either wholly or in part within a wetland or flood plain as identified on the township official wetland and flood plain maps shall require specific compliance with the subdivision act and its review by the water resources commission of the state department of conservation, the applicable ordinances of the state department of natural resources (DNR) and the township wetland and flood plain protection Ordinance No. 97-A.

(Ord. No. 115, § 404, 2-22-83)

Sec. 21-61. - Generally.

(a)

The improvements set forth under this article are to be considered as the minimum acceptable standard. All those improvements for which standards are not specifically set forth shall have such standards set by ordinance or published rules of the township board, or the road commission. All improvements must meet the approval of the township board.

(b)

Prior to approval of the final plat the township board must be satisfied that all improvements required under this article have been constructed. In lieu of the completion of the improvements the proprietors shall be required to deposit the complete cost of the improvements as set by the township board, based on an estimate of the township engineer, in escrow in a form satisfactory to the township treasurer, to ensure construction of all such improvements. The deposit shall guarantee the completion of the required improvements within one (1) year from the date of the approval of the plat. The township board shall rebate to the proprietors, as the work progresses, amounts of any cash deposits equal to the ratio of the work completed to the entire project.

(c)

Prior to the acceptance by the township of improvements, a one-year maintenance bond in the amount set by the township board shall be posted by the proprietor.

(d)

Improvements shall be provided by the proprietor in accordance with the standards and requirements described in this article.

(Ord. No. 115, Art. V, 2-22-83)

Sec. 21-62. - Streets.

In subdivided areas, street improvements shall conform to the following:

(1)

Pavement widths and roadway pavements for major and secondary thoroughfares, collector streets, marginal access streets and minor streets shall be as required by the road commission.

(2)

Grading and center line gradients shall be per plans and profiles approved by the road commission.

(3)

Curbs and gutters, if provided, shall be in accordance with details and specifications prescribed by the road commission and the township board.

(Ord. No. 115, § 500, 2-22-83)

Sec. 21-63. - Requirements for underground wiring.

The proprietor shall make arrangements for all distribution lines within a subdivision for telephone and electric service to be placed underground entirely throughout a subdivided area, and such conduits or cable shall be placed within private easements provided to such service companies by the developer or within dedicated public ways. Those telephone and electrical facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All telephone and electrical facilities shall be constructed in accordance with standards of construction approved by the state public service commission. All drainage and underground utility installations which traverse privately owned property shall be protected by easements granted by the proprietor.

(Ord. No. 115, § 501, 2-22-83)

Sec. 21-64. - Storm drainage system, other drainage improvements.

In subdivisions, storm drainage systems and other drainage improvements shall conform to the following:

(1)

Shall be per plans approved by the township board and by the county drain commissioner, when required.

(2)

Drainage at rear lot lines and side lot lines must be enclosed unless approved by the township engineer.

(3)

Adequate provision shall be made for proper drainage of storm water runoff from residential rear yards. Each yard shall be self-contained and shall be drained from rear to front except where topography or other natural features require otherwise.

(Ord. No. 115, § 502(1), 2-22-83)

Sec. 21-65. - Sewage disposal.

In subdivisions, sewage disposal systems shall be per plans approved by the township board and the requirements of the county department of health.

(Ord. No. 115, § 502(2), 2-22-83)

Sec. 21-66. - Water supply.

Water distribution systems in subdivisions shall be per plans approved by the township board and in conformance with the regulations of the state department of health relating to municipal water supplies.

(Ord. No. 115, § 502(3), 2-22-83)

Sec. 21-67. - Trees.

(a)

In subdivided areas, existing trees near street rights-of-way shall be preserved by the proprietor and builder. At least three (3) trees shall be provided on each lot within twenty (20) feet from the abutting curb or pavement edge and shall be planted at the time of occupancy, or no later than six (6) months following such occupancy. Trees shall have at least a three-inch caliper, measured one (1) foot above the ground for deciduous trees or a minimum height of six (6) feet for coniferous trees. The following trees shall not be permitted:

(1)

Box Elder.

(2)

Elm.

(3)

Poplar.

(4)

Willow.

(5)

Horse Chestnut (nut bearing).

(6)

Tree of Heaven.

(7)

Catalpa.

(8)

Russian Olive.

(b)

If master landscape plans are submitted by the proprietor showing development of common open spaces within the subdivision, one (1) of the three (3) required trees may be used in the development of such open space, provided the master landscape plan is approved by the planning commission.

(Ord. No. 115, § 502(4), 2-22-83; Ord. No. C-365, § 1, 7-20-92)

Sec. 21-68. - Street signs.

Street name signs shall be placed at all street intersections in subdivisions and shall be of a permanent, weather-resistant construction with street name visible from two (2) directions. Such signs shall meet any additional requirements of the road commission.

(Ord. No. 115, § 502(5), 2-22-83)

Sec. 21-69. - Safety paths.

A safety path located on the subject property a minimum of one (1) foot inside the property line shall be constructed along all major and secondary thoroughfares and collector streets in subdivisions on those sides where the roadway abuts the subdivision unless waived or otherwise modified by the planning commission. At the election of the owner of the subject property and approval of the planning commission, required safety paths may be installed off of the subject property a minimum of one (1) foot outside the property line on the condition that an appropriate easement or right-of-way for such purpose is available. The construction materials and specifications for safety paths shall be specified by the township engineer, taking into consideration the promotion of long-term safety, compatibility with the immediate and surrounding area, construction materials and specifications on adjoining safety paths, the nature of soil conditions and other relevant engineering principles.

(Ord. No. 115, § 502(6), 2-22-83; Ord. No. C-355, § 2, 6-1-92)

Sec. 21-86. - Purpose.

The purpose of this article is to carry out the provisions of the Land Division Act, MCL 560.101 et seq., to ensure compliance with applicable township ordinances and the Land Division Act, MCL 560.101 et seq.; to minimize potential boundary disputes; maintain orderly development of the township; and provide for the health, safety and welfare of the residents and property owners of the township by establishing reasonable standards for prior review and approval of land divisions within the township.

(Ord. No. C-789, § 1, 3-10-2014)

Sec. 21-87. - Definitions.

For purposes of this article, the terms and words used herein shall have the following meanings:

Adjoining means the lot or parcel adjacent to another parcel.

Applicant means a natural person, firm, association, partnership, corporation, or combination thereof that holds an ownership interest in land whether recorded or not, and may include multiple owners.

Buildable means a parcel has sufficient area outside of the required open space areas such as a regulated wetland, watercourse, floodplain, protected woodland area, structural setback area, and that has sufficient area to meet the minimum lot area, depth, width, and parcel size requirements of the zoning ordinance.

Combination or transfer means a transfer of land between two (2) or more adjacent parcels if a parcel or a part of a parcel is added to the adjacent parcel and the resulting land area shall be considered to be a single parcel for tax assessment and all other township purposes; however, any resulting parcel shall not be considered a buildable site unless the parcel conforms to the requirements of all applicable statutes and ordinances.

Divide or division means the partitioning or splitting of a parcel or tract of land by the proprietor thereof, or by his or her heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale or lease for more than one (1) year, or of building development that results in one (1) or more parcels of less than forty (40) acres or the equivalent, and that satisfies the requirements of Sections 108 and 109 of the Land Division Act, MCL 560.101 et seq. However, any resulting parcel shall not be considered a buildable site unless the parcel conforms to the requirements of the Land Division Act and all applicable statutes and ordinances.

Exempt split or exempt division means the partitioning or splitting of a parcel or tract of land by the proprietor thereof, or by his or her heirs, executors, administrators, legal representatives, successors, or assigns that does not result in one (1) or more parcels of less than forty (40) acres or the equivalent.

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

Governing body means the township board.

Lot means a lot or outlot in a recorded plat.

Lot area means the area of a lot as defined in the zoning ordinance.

Lot depth means the depth of a lot as defined in the zoning ordinance.

Lot width means the width of a lot as defined in the zoning ordinance.

Parcel means a continuous area or acreage of land including lots.

Recorded plat means land which has been subdivided pursuant to the Land Division Act, MCL 560.101 et seq., as amended, or any predecessor statute.

(Ord. No. C-789, § 1, 3-10-2014)

Sec. 21-88. - Prior approval required for division or combination and transfer of land.

Land in the township shall not be divided or transferred and combined without the prior review and approval of the township assessor in accordance with this article and the Land Division Act, MCL 560.101 et seq.

(Ord. No. C-789, § 1, 3-10-2014)

Sec. 21-89. - Combinations and transfer of adjoining land.

All procedures and requirements applicable to the division of land shall also apply to combinations and transfers of adjoining parcels, or part of a parcel. Land combinations and transfers shall follow the same procedures as set forth herein for the approval of a division of land.

(Ord. No. C-789, § 1, 3-10-2014)

Sec. 21-90. - Application for division of land.

Before making any division or transfer of land either by deed, land contract, lease for more than one (1) year, or for building development, an applicant shall file a complete application with the township assessor for review and approval of a proposed land division that conforms with the following requirements:

(1)

Completed form. A completed application form that includes all required information and documents listed on the form, and signed by all persons who have a legal or equitable interest in the parcel. For a transfer of property to an adjoining parcel, the application shall also be signed by all persons having an interest in such adjoining parcel.

(2)

Proof of ownership. Proof of ownership of the land proposed to be divided, including a title commitment covering all of the land included in the land division or combination.

(3)

Parent parcel. A statement as to whether the land proposed to be divided is a parent parcel, or if not a parent parcel, the applicant shall provide the history of the land proposed to be divided from the parent parcel to present, including all leases, land contracts and conveyances.

(4)

Survey. A survey, signed and sealed by a registered land surveyor with a scaled drawing for the proposed division(s) including an accurate legal description of each proposed resulting parcel, and showing the boundary lines, dimensions, easement locations, wetland, woodland, and preservation setback areas, and the accessibility of each proposed resulting parcel for automobile traffic and public utilities.

(5)

Compliance with standards. Proof that all standards of the Land Division Act, MCL 560.101 et seq., and this article have been met.

(6)

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

(7)

Fee. The fee established by resolution of the township board to cover the costs of review of the application and administration of this article and the Land Division Act, MCL 560.101 et seq.

(Ord. No. C-789, § 1, 3-10-2014)

Sec. 21-91. - Complete application required.

An application shall not be complete unless all information is included and all documentation is attached as listed on the application form. An application submitted that is determined to not be complete, shall be returned to the applicant marked "incomplete."

(Ord. No. C-789, § 1, 3-10-2014)

Sec. 21-92. - Standards for approval.

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

(1)

Parcel compliance. All the parcels to be created by the proposed land division fully comply with the lot, yard and area requirements of applicable ordinances, including but not limited to, minimum lot frontage, width, minimum road frontage, minimum lot area, and maximum lot coverage, and minimum setbacks for existing buildings and structures or have received a variance from such requirements from the zoning board of appeals.

(2)

Statutory compliance. The proposed land divisions comply with all requirements of the Land Division Act, MCL 560.101 et seq., and this article.

(3)

Accessibility. All parcels created and remaining have existing adequate accessibility, or an area available for accessibility, to a public road for public utilities and emergency and other vehicles.

(4)

Depth to width ratio. The ratio of depth to width of any parcel created by the division does not exceed a 4:1 ratio exclusive of access roads, easements or non-developable sites. The depth of a parcel created by a land division shall be measured within the boundaries of each parcel from the front property line to the rear property line measured along the median between the side lot lines. The width of a parcel shall be measured as provided by the applicable zoning ordinance provision.

(Ord. No. C-789, § 1, 3-10-2014)

Sec. 21-93. - Approval procedure.

(a)

The assessor shall approve or disapprove the land division within forty-five (45) days after receipt of a complete application and shall promptly notify the applicant, in writing, of the decision and, if denied, the reasons for denial.

(b)

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

(c)

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

(d)

The township and its officers and employees shall not be liable for approving a land division if building permits for construction on the parcels are subsequently denied because of inadequate water supply, sewage disposal facilities, or any other applicable regulation or requirement.

(Ord. No. C-789, § 1, 3-10-2014)

Sec. 21-94. - Assessment roll records.

Upon approval, the assessor shall record the approved land division upon the township assessment roll and thereafter the divided portions of the parcel shall be considered to be separate parcels for tax assessment and all other township purposes. If a combination or transfer of adjoining property is approved, the resulting land area shall be considered to be a single parcel for tax assessment and other township purposes. Approval of a land division or land transfer does not signify that the resulting parcel complies with applicable requirements to be a buildable site.

(Ord. No. C-789, § 1, 3-10-2014)

Sec. 21-95. - Recording of land division or combination.

The approval shall be prepared in a recordable form, recorded with the Oakland County Register of Deeds, and a copy shall be provided to the applicant.

(Ord. No. C-789, § 1, 3-10-2014)

Sec. 21-96. - Consequences of noncompliance.

Any parcel or lot created by deed, land contract, lease for greater than one (1) year, or other conveyance which has not been approved for land division shall be considered in noncompliance with this article, and shall not be eligible for any building permit, or approval required under the zoning ordinance, and shall not be recognized as a separate parcel on the assessment roll. In addition, enforcement action may be brought by the township as provided by law, including the Land Division Act, MCL 560.101 et seq.

(Ord. No. C-789, § 1, 3-10-2014)

Sec. 21-151. - Intent and purpose.

It is the intent and purpose of this article to establish the authority and procedure for vacating certain streets dedicated as part of the subdivision of land under the Michigan Subdivision Control Act, Act 288 of the Public Acts of 1967, as amended, and its predecessor Act, and to provide standards for township board consideration of petitions for vacation. It is the further intent and purpose of this article to clarify and reflect the law in the State of Michigan that the township board has jurisdiction to vacate only certain streets, and that as to those streets over which the township board does not have jurisdiction, it is necessary to seek relief in the circuit court.

(Ord. No. C-485, § 1, 2-20-96; Ord. No. C-485-A, § 1, 3-9-98)

Sec. 21-152. - Jurisdiction.

(a)

Concurrent jurisdiction. The township board and the circuit court have concurrent jurisdiction to consider petitions for the vacation of streets dedicated to the public as part of the subdivision of land under the Michigan Subdivision Control Act or its predecessor Act, following abandonment of such streets by the Board of Oakland County Road Commissioners, except as provided in the next subparagraph.

(b)

Exclusive circuit court jurisdiction. The circuit court has exclusive jurisdiction, and the township does not have jurisdiction, to consider the vacation of:

(1)

Subdivision streets not dedicated for public use.

(2)

Public streets having any part within twenty-five (25) meters of a lake or the general course of a stream.

(Ord. No. C-485, § 1, 2-20-96; Ord. No. C-485-A, § 1, 3-9-98)

Sec. 21-153. - Petitions for vacation.

(a)

Qualification. A petition seeking vacation under this article may be filed by:

(1)

One or more owners of lots abutting the street proposed to be vacated; or

(2)

Any ten (10) persons residing in the township.

(b)

Contents. A person or entity requesting the township board to vacate a subdivision street shall prepare and file with the township clerk sixteen (16) copies of a petition including the following:

(1)

A description of the part or parts of the street sought to be vacated.

(2)

The reasons for seeking the vacation.

(3)

An identification of each public utility known to the petitioner to have installments or equipment in the subdivision or which has a recorded easement or franchise right in the existing street right-of-way, or which would otherwise be affected by the vacation.

(4)

A copy of the file of the Oakland County Road Commission, and the resolution of the board of road commissioners abandoning and discontinuing the street.

(5)

Any and all additional facts known to the petitioner relative to:

a.

The use or non-use of the street.

b.

Any function performed, or anticipated to be performed by the street, or the lack of present or anticipated function to be performed by the street.

c.

Any other relevant facts and circumstances.

(c)

Preliminary review. Upon receipt of a petition by the clerk, copies shall be distributed to the: Township supervisor, building director, planning director, engineering director, water and sewer director, police chief and fire chief. Such officials shall undertake a review and provide a report to the township board, to be filed with the clerk's office for distribution, providing a recommendation on whether the petition for vacation of the street should be granted. If a recommendation is that the petition should be denied, the reasons for such denial should be stated. In addition, such report shall include a recommendation to the township board with regard to any conditions or reservations that should be made in the event the petition for vacation is granted; e.g., the reservation of right-of-way for drainage and/or utilities, fire access, or the like.

(Ord. No. C-485, § 1, 2-20-96; Ord. No. C-485-A, § 1, 3-9-98)

Sec. 21-154. - Proceedings on petition.

(a)

Following receipt of the reports and recommendations from the several township officials, consideration of the petition for vacation shall be placed on an agenda of the township board. In connection with such agenda item, the board shall be provided with a copy of the petition, together with the reports and recommendations of the township officials.

(b)

Notice of the time, date and place of the meeting shall be given to the petitioner, which shall include a statement that the township board shall commence its consideration of the petition at such meeting.

(c)

At the meeting, which the board may adjourn for reasons stated at the meeting, the petition shall be analyzed in light of the reports and recommendations of the respective township officials. In addition, the petitioner shall be provided with an opportunity to be heard.

(1)

On the basis of the reports and recommendations of township officials, taking into consideration the materials and any presentation of the petitioner, if the township board determines that the petition for vacation should be denied, the board shall adopt a resolution denying the petition for vacation, including a statement of the reasons for denial.

(2)

If the board finds that the street sought to be vacated has not been dedicated and accepted for public use as part of the establishment of a subdivision, or that any part of the road to be vacated is within twenty-five (25) meters of a lake or the general course of a stream, the board shall deny the petition for vacation on the ground that the board lacks jurisdiction to vacate such a street.

(3)

If the board has not otherwise denied the petition for vacation in accordance with subsections (1) or (2) above, and if the board tentatively determines that the petition for vacation may be granted, the board shall set a date for a public hearing on the petition. The board may require the petitioner to submit additional information and documentation on or before a date specified by the board for consideration at the public hearing.

(d)

Notice of the time, date and place of the public hearing on the petition for vacation shall be transmitted to the petitioner and to the owners of each lot or parcel of land within three hundred (300) feet of the street sought to be vacated, with ownership being determined on the basis of the township tax assessment roll. Notice shall also be transmitted to the drain commissioner.

(e)

On the date scheduled for public hearing, which may be adjourned from time-to-time, as determined by the board, the board shall provide the petitioner with an opportunity to be heard, and also provide an opportunity to be heard to interested parties. The board may also elect to consider further reports and/or testimony from township officials or other experts and consultants.

(f)

Following the public hearing, the township board shall adopt a resolution granting the petition for vacation, denying the petition for vacation or granting the petition for vacation with conditions and/or reservations. If vacation is granted, the effective date of vacation shall be specified, which shall be a date following recordation of the board's resolution granting the vacation. If vacation is denied, the reasons for denial shall be specified.

(Ord. No. C-485, § 1, 2-20-96; Ord. No. C-485-A, § 1, 3-9-98)

Sec. 21-155. - Standards for decision making.

In arriving at its decision on a petition for vacation at the conclusion of a public hearing, the following standards for decision making shall be considered by the board:

(1)

If objections to the petition for vacation are presented which create a material question as to whether the street is necessary for the promotion or protection of the public health, safety and general welfare, the petition for vacation may be denied by the board.

(2)

The board may adopt a resolution granting the petition if it is found by the board that there are no material questions as to whether the street is necessary for the promotion or protection of the public health, safety and general welfare, and that there are no reasonable objections presented. In reaching its conclusions on these issues, the board shall take into consideration:

a.

Whether any property intended to be served by the street would be landlocked, considering property improvements and divisions previously made, as well as those likely to occur in the future.

b.

Whether access to any one or more properties, natural features, or natural resources would be terminated, and the nature of any objections with regard to such termination.

c.

The positive and negative impacts of the resulting transfer of ownership of the land to be vacated to adjacent property owners by operation of this article if the petition is granted, including impact relating to law enforcement and fire fighting, views of natural features and resources, buffering, and the like, and, the likelihood of losing effective control of land which is used or usable for maintaining grades relative to drainage and/or the installation, repair and/or maintenance of utilities, telecommunications facilities, and the like.

d.

The present or future need for the right-of-way for through-traffic purposes.

e.

Any impact vacation would have on future right-of-way planning.

f.

Other considerations which are relevant to the particular facts and circumstances attendant to the street sought to be vacated.

(Ord. No. C-485, § 1, 2-20-96; Ord. No. C-485-A, § 1, 3-9-98)

Sec. 21-156. - Conditions and reservations.

With or in conjunction with a resolution granting a petition to vacate, the township board may impose conditions and/or reservations. A resolution granting a vacation of a street being used by a public utility for public utilities purposes shall reserve an easement for the use of public utilities and may reserve an easement for other purposes, including such things as drainage, law enforcement, fire fighting access, views of natural features and resources, buffering, telecommunications, and the like.

(Ord. No. C-485, § 1, 2-20-96; Ord. No. C-485-A, § 1, 3-9-98)

Sec. 21-157. - Vesting of title upon vacation of street.

Upon the effective date of a street vacation granted under this article, the land situated in the street right-of-way shall cease to be public property, and ownership of such land shall transfer as follows:

(1)

Title to a street the full length of which is vacated under this article shall vest in the rightful owners of the lots within the subdivision covered by the plat abutting the street.

(2)

If the lots abutting the vacated street on both sides belong to the same person, title to the vacated street shall vest in that person.

(3)

If the lots on opposite sides of the vacated street belong to different persons, title up to the center line of the vacated street shall vest in the respective owners of the abutting lots on each side.

(4)

If only part of the width of a street, not extending beyond the center line, is vacated, title to the vacated part of the street shall vest in the owner of the lots abutting the vacated portion.

(5)

When title to any part of a vacated street vests in an abutting property owner, any future legal description of the abutting lot or lots shall include that part of the vacated street.

(Ord. No. C-485, § 1, 2-20-96; Ord. No. C-485-A, § 1, 3-9-98)

Sec. 21-158. - Requirements upon approval.

Upon the grant of a petition for vacation, the resolution granting the vacation shall, within thirty (30) days following approval of the minutes of the meeting at which the vacation was granted, be:

(1)

Recorded with the Oakland County Register of Deeds Office; and

(2)

Filed with the Michigan Department of Consumer and Industry Services.

(Ord. No. C-485, § 1, 2-20-96; Ord. No. C-485-A, § 1, 3-9-98)

Sec. 21-159. - Fees.

At the time of filing of a petition for vacation under this article, the petitioner shall pay the fee established by resolution of the township board.

(Ord. No. C-485, § 1, 2-20-96; Ord. No. C-485-A, § 1, 3-9-98)