Chapter 16 SUBDIVISION AND LAND DIVISION REGULATIONS*
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*Cross references: Buildings and building regulations, ch. 4; planning, ch. 13; roads, driveways, and parking lots, ch. 15; zoning, ch. 19.
State law references: Subdivision control act, MCL 560.101 et seq., MSA 26.430(101) et seq.; township planning, MCL 125.321 et seq., MSA 5.2963(101) et seq.

ARTICLE I. IN GENERAL
Sec. 16-1. Definitions.
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:
Act or the Act shall mean the Land Division Act, Public Act No. 288 of the Public Acts of Michigan of 1967, as amended (MCL 560.101 et seq., MSA 26.430(101) et seq.).
Alley shall mean a public or private right-of-way shown on a plat which provides secondary access to a lot, block or parcel of land.
As-built plans shall mean revised construction plans in accordance with all approved field changes.
Block shall mean the property abutting one side of a street between the two nearest intersecting streets, crossing or terminating; or between the nearest such street, unsubdivided acreage, or between any of the foregoing and any other barrier to the continuity of development.
Board shall mean the Charter Township of Milford Township Board.
Building line or setback line shall mean a line parallel to a street right-of-way line, high water mark of waters edge of a lake, stream or river, established on a parcel of land or on a lot for the purpose of prohibiting construction of a building between such line and right-of-way, other public area or the high water mark of waters edge of a lake, stream or river.
Caption shall mean the name by which the plat is legally and commonly known.
Commercial development shall mean a planned commercial center providing building areas, parking areas, service areas, screen planting and widening, turning movement and safety lane roadway improvements.
Comprehensive development plan (or master plan) shall mean a plan adopted by the township for the physical development of the township showing the general location for major streets, parks, schools, public building sites, land use and other similar information. The plan may consist of maps, data and other descriptive matter.
County drain commissioner shall mean the Oakland County Drain Commissioner.
County health department shall mean the Oakland County Health Department.
County plat board shall mean the Oakland County Plat Board.
County road commission shall mean the Oakland County Road Commission.
Dedication shall mean the intentional appropriation of land by the owner to public use.
Division shall mean 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 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 satisfies the requirements of sections 108 and 109 of the Land Division Act. "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 act or the requirements of an applicable local ordinance.
Easement shall mean a grant by the owner of the use of a strip of land by the public, a corporation, or persons for specific uses and purposes to be designated as a "public" or "private" easement depending on the nature of the use.
Engineer shall mean either a land surveyor who is registered in this state as a registered land surveyor or a civil engineer who is registered in the state as a registered professional engineer.
Exempt split shall mean the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns that does not result in one or more parcels of less than 40 acres or the equivalent. For a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel, any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of this act or the requirements of an applicable local ordinance.
Floodplain shall mean that area of land adjoining the channel of a river, stream, water course, lake or other similar body of water which will be inundated by a flood which can reasonably be expected for that reason.
Forty acres or the equivalent means either 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres.
Greenbelts or buffer parks shall mean a strip or parcel of land, privately restricted or publicly dedicated as open space located between incompatible uses for the purpose of protecting and enhancing the residential environment.
Improvements shall mean any structure incident to servicing or furnishing facilities for a subdivision such as grading, street surfacing, curb and gutter, driveway approaches, sidewalks, crosswalks, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities, lagoons, slips, waterways, lakes, bays, canals and other appropriate items, with appurtenant construction.
Industrial development shall mean a planned industrial area designed specifically for industrial use providing screened buffers, wider streets and turning movement and safety lane roadway improvements, where necessary.
Lot shall mean a measured portion of a parcel or tract of land, which is described and fixed in a recorded plat.
(1) Lot depth shall mean the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
(2) Lot width shall mean the horizontal distance between the side lot lines measured at the setback line and at right angles to the lot depth.
Outlot, when included within the boundary of a recorded plat, shall mean a lot set aside for purposes other than a building site, park or other land dedicated to public use or reserved to private use.
Parcel shall mean a continuous area or acreage of land which can be described as provided for in the Land Division Act (MCL 560. 101 et seq., MSA 26.430(101) et seq.).
Planning commission shall mean the planning commission of the township.
Plat shall mean a map or chart of a subdivision of land.
(1) Prepreliminary plat shall mean an informal plan or sketch drawn to scale and in pencil, if desired, showing the existing features of a site and its surroundings and the general layout of a proposed subdivision.
(2) Preliminary plat shall mean a map showing the salient features of a proposed subdivision of land submitted to an approving authority for purposes of preliminary consideration.
(3) Final plat shall mean a map of a subdivision of land made up in final form ready for approval and recording.
Proprietor, subdivider or developer shall mean any person who may hold any recorded or unrecorded ownership interest in land. The proprietor is also commonly referred to as the owner.
Public open space shall mean land dedicated or reserved for use by the general public. It includes parks, parkways, recreation areas, school sites, community or public building sites, streets and highways and public parking spaces.
Public utility shall mean all persons providing gas, electricity, water, steam, telephone, telegraph, storm sewers, sanitary sewers, transportation or other services of a similar nature.
Replat shall mean the process of changing, or the map or plat which changes the boundaries of a recorded subdivision plat or part thereof. The legal dividing of an outlot within a recorded subdivision plat without changing the exterior boundaries of the outlot is not a replat.
Right-of-way shall mean land reserved, used or to be used for a street alley, walkway or other public purposes.
Sight distance shall mean the unobstructed vision along a street centerline from a drive-eye height of 3.75 feet and an object height of six inches.
Sketch plan shall mean a prepreliminary plat.
Street shall mean a right-of-way which provides for vehicular and pedestrian access to abutting properties.
(1) Freeway shall mean those streets designed for high speed, high volume through traffic, with completely controlled access, no grade crossings and no private driveway connections.
(2) Expressway shall mean those streets designed for high speed, high volume traffic, with full or partially controlled access, some grade crossings but no driveway connections.
(3) Parkway shall mean a street designed for noncommercial, pleasure-oriented traffic moving at moderate speeds, between and through scenic areas and parks.
(4) Arterial street shall mean those streets of considerable continuity which are used or may be used primarily for fast or heavy traffic, which are 66 feet or greater.
(5) Collector street shall mean those streets used to carry traffic from minor streets to arterial streets, including principal entrance streets to large residential developments.
(6) Cul-de-sac shall mean a minor street of short length having one end terminated by a vehicular turnaround.
(7) Marginal access street shall mean a minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic and not carrying through traffic.
(8) Minor street shall mean a street which is intended primarily for access to abutting properties.
(9) Street width shall mean the shortest distance between the lines delineating the right-of-way of streets.
(10) Half street shall mean a street extant upon only one-half of the delineated right-of-way width typically intended to provide access to abutting property on only one side.
Subdivide or subdivision shall mean the partitioning or splitting of a parcel or tract of land by the proprietor therefor 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, and that is not exempted from the platting requirements by sections 108 and 109 of the Land Division Act. "Subdivide" or "Subdivision" does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of this act or the requirements of an applicable local ordinance.
Subdivision Control Act shall mean the Land Division Act, Public Act No. 288 of the Public Acts of Michigan of 1967, as amended (MCL 560.101 et seq., MSA 26.430(101), et seq.).
Topographical map shall mean a map showing existing physical characteristics, with contour lines at sufficient intervals to permit determination of proposed grades and drainage.
Tract shall mean two or more parcels that share a common property line and are under the same ownership.
Walkway shall mean a right-of-way, dedicated to public use, which crosses a block to facilitate pedestrial access to adjacent streets and properties.
Water resources commission shall mean the water resources commission of the state department of conservation.
(Ord. No. 139, 8-20-80; Ord. No. 133A, § 1, 4-8-98)
Sec. 16-2. Purpose.
The purpose of this chapter is to regulate and control the subdivision of land within the township, in order to promote the safety, public health and general welfare of the community. These regulations are specifically designed to:
(1) Provide for orderly growth and development of the community consistent with accepted planning practices and techniques and provide for compatibility with the township's adopted land use plan.
(2) Secure adequate traffic circulation through coordinated street systems with proper relation to major thoroughfares, adjoining subdivisions and public facilities.
(3) Insure adequate provisions for water, drainage, sanitary sewer facilities and other health requirements.
(4) Plan for the provision of adequate recreational areas, school sites and other public facilities.
(5) Achieve individual lots of maximum utility and livability, and lots of such size and layout as to be in harmony with the existing and proposed development pattern of the area.
(6) Provide logical procedures for the achievement of these purposes.
(Ord. No. 139, § 1.2, 8-20-80)
Sec. 16-3. Legal basis.
This chapter is enacted pursuant to the statutory authority granted by the Land Division Act, Act. No. 288 of the Public Acts of Michigan 1967, as amended (MCL 560.101 et seq., MSA 26.430(101) et seq.) and Act No. 246 of the Public Acts of Michigan 1945, as amended (MCL 41.181 et seq., MSA 5.45(1) et seq.), authorizing township boards to adopt ordinances and regulations to secure the public health, safety and general welfare.
(Ord. No. 139, § 1.3, 8-20-80; Ord. No. 133A, § 2, 4-8-98)
Sec. 16-4. Scope.
This chapter shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to September 27, 1980 except for the further dividing of lots. Nor is it intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, ordinances or regulations, or with private restrictions placed upon property by deed, covenant or other private agreements, or with restrictive covenants, or other private agreements, or with restrictive covenants running with the land to which the township is a party. Where this chapter imposes a greater restriction upon land than is imposed or required by such existing provision of any other ordinance of this township, the provisions of this chapter shall control.
(Ord. No. 139, § 1.4, 8-20-80)
Sec. 16-5. Administration.
The approval provisions of this chapter shall be administered by the township board in accordance with Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.), as amended.
(Ord. No. 139, § 1.5, 8-20-80)
Sec. 16-6. Penalty for violations.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $100.00 and the costs of prosecution or in default of the payment thereof, by imprisonment in the county jail for a period not to exceed 90 days, or both such fine and imprisonment in the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate violation.
(Ord. No. 139, art. VII, 8-20-80)
Sec. 16-7. Variances.
(a) The planning commission may recommend to the township board a variance from the provisions of this chapter on a finding that undue hardship may result from strict compliance with specific provisions or requirements of this chapter or that application of such provision or requirement is impracticable. The planning commission shall only recommend variances that it deems necessary to or desirable for the public interest. In making its findings, as required herein below, 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 probable effect of the proposed subdivision upon traffic conditions in the vicinity.
(b) No variance shall be recommended unless the planning commission finds after a public hearing:
(1) That there are such special circumstances or conditions affecting such property that the strict application of the provisions of this chapter would clearly be impracticable or unreasonable. In such cases the subdivider shall first state his reasons in writing as to the specific provision or requirement involved and submit them to the planning commission.
(2) That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which such property is situated.
(3) That such a variance will not violate the provisions of the Subdivision Control Act.
(4) That such variance will not have the effect of nullifying the interest and purpose of this chapter and the comprehensive development plan of this township.
(5) The planning commission shall include its findings and the specific reasons therefor in its report of recommendations to the township board and shall also record its reasons and actions in its minutes.
(Ord. No. 139, § 6.1, 8-20-80)
Sec. 16-8. Fees.
The township board shall establish by resolution a schedule of fees to be charged to proprietors with respect to the administration of this chapter.
(Ord. No. 139, § 1.6, 8-20-80)
Secs. 16-9--16-35. Reserved.
ARTICLE II. LAND DIVISION
Sec. 16-36. General restriction.
It shall be unlawful for any person to sell, divide or partition any lot, outlot or other parcel of land in a recorded plat, or sell, divide or partition any unplatted parcels or tracts of land, except in accordance with the provisions of this article, unless the division or partition is approved as part of a recorded plat under the laws of the state.
(Ord. No. 141, § C, 3-24-82)
Sec. 16-37. Applications.
Applications for land divisions shall be filed with the township and shall include the following:
(1) A completed application form provided by the township.
(2) Proof of fee ownership of the land proposed to be divided or written consent to the application signed by the owner of such land.
(3) A tentative parcel map drawn to scale including an accurate legal description of each proposed division, and showing the boundary lines, approximate dimensions, and the accessibility of each division for vehicular traffic and public utilities and showing any existing buildings or structures.
(4) Proof that all standards of the State Land Division Act and this article have been met.
(5) 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.
(6) Proof that any due or unpaid taxes or special assessments upon the property have been paid.
(7) A fee as required by the board to cover the costs of review of the application and administration of this article and the State Land Division Act.
(Ord. No. 141, § C, 3-24-82; Ord. No. 133A, § 3, 4-8-98)
Sec. 16-38. Approvals.
(a) Procedure for review of applications for land division approval. A complete application for a land division shall be forward to the township land division board ("land board"), which shall consist of the township supervisor, township clerk and township treasurer, for review and approval. Any two members of the land board shall approve or disapprove the land division applied for within 45 days after receipt of a complete application conforming to this article's requirements and the land division act, and shall promptly notify the applicant of the decision and, if denied, the reasons for denial. Approval of a division is not a determination that the resulting parcels comply with other applicable ordinances and regulations and the township and its officers and employees shall not be liable for approving a land division if building permits for construction on the parcel(s) are subsequently denied because of inadequate water supply, sewage disposal facilities or otherwise, and any notice of approval shall include a statement to this effect.
(b) A proposed land division reviewable by the land board shall be approved if the following criteria are met:
(1) All resulting parcels shall comply with all applicable ordinances, including the requirements of the township zoning ordinance for the zoning district in which the resulting parcels are located, including minimum lot size, lot width, lot area, road frontage and parking requirements.
(2) The depth to width ratio of any parcel created by the proposed division(s) exclusive of access roads, easements, or non-development sites does not exceed four to one. The depth of a parcel created by a land division shall be measured within the boundaries of each parcel at a point from the abutting road right-of-way, access road, or access easement, to the most remote boundary line point of the parcel from the point of commencement of the measurement.
(3) Each resulting parcel shall be accessible and shall comply with all applicable ordinances governing such access.
(4) The proposed division, together with any previous division(s) of the same parent parcel or parent tract, shall not result in a number of resulting parcels that is greater than that permitted under Section 108 of the Act.
(5) The proposed land division(s) comply with all the requirements of this article and the State Land Division Act.
(6) All parcels created and remaining have existing adequate accessibility, or an area available therefor, for public utilities and emergency and other vehicles.
(c) Consequences of noncompliance with land division approval requirement. In addition to the other penalties provided for in this article, any division of land in violation of any provision of this article shall not be recognized as a land division on the township tax roll and no construction thereon which requires the prior issuance of construction or building permit shall be allowed. The township shall further have the authority to initiate injunctive or other relief to prevent any violation or continuance of any violation of this article.
(d) Appeal. Any rejection of a land division application under this article may be appealed by the applicant to the township board, via the township planning commission for its recommendation.
(Ord. No. 141, § D, 3-24-82; Ord. No. 133A, § 4, 4-8-98)
Sec. 16-39. Violations and penalties.
Any person who shall violate any of the provisions of this article, or who fails to comply with any of the regulatory measures or conditions of the land board, or the township board, adopted pursuant thereto, is responsible for a municipal civil infraction, subject to payment of a civil fine as specified in section 1-10 of this Code, plus costs and other sanctions, for each infraction. Each day such violation continues shall be deemed a separate offense. Repeat offenses shall be subject to increased fines as provided by section 1-10 of this Code.
(Ord. No. 141, § F, 3-24-82; Ord. No. 133A, § 5, 4-8-98)
Secs. 16-40--16-60. Reserved.
ARTICLE III. PLATTING PROCEDURE AND DATA REQUIRED
DIVISION 1. GENERALLY
Sec. 16-61. General requirements.
The following requirements are applicable to all plans and plats filed under this article:
(1) Plans submitted shall be on 24 inch by 36 inch, white prints having blue or black lines, and shall be neatly and accurately prepared.
(2) For projects or subdivisions having more than one sheet of plans, a general plan having a scale of one inch equals 100 feet shall be provided showing the overall project or subdivision and indicating the location of all improvements shown in the detailed plans. Superimposed on this general plan shall be two-foot contours of the area, including the area at least 100 feet outside of the proposed development. Street names, lot lines and lot numbers shall be shown in all plans.
(3) Elevations shall be on U.S.G.S. datum. A minimum of two benchmarks shall be indicated on the plans.
(4) Finished grades of structures shall be indicated on the plan or profile for all structures.
(5) A copy of the computed plat or site shall be submitted.
(6) All plans submitted shall bear the seal and signature of the appropriate professional responsible for the design, who shall be licensed in the state.
(7) One copy of as-built plans of water, sanitary sewer, roads and storm sewer system, and certification from an appropriate licensed professional that all surface grades, roads and structures are in conformance with the approved plan, shall be provided prior to acceptance of a subdivision and/or other improvement regulated by this chapter.
(8) Complete plans shall be submitted prior to review and approval of any portion, unless the township engineer determines that a phased review would be appropriate in terms of providing plans for a phase which is capable of standing alone as an independent development (coupled with other phases previously constructed).
(9) All utility easements shall be shown on plans having a minimum of 12 feet in width unless a wider easement is specified.
(10) Submission for approval of subdivision or site improvements shall be made to the township and shall include a detailed estimate of cost of the improvements. Three sets of plans and specifications shall be submitted to the township. The township's engineers shall review the estimate and the plans, and determine whether the plans are consistent with this chapter and all other applicable requirements, after which the township engineers shall return one of the three sets with appropriate comments. The applicant, after making any changes required, shall then resubmit four sets of revised plans to the township. The township engineers shall then review these revised plans for conformity and, if they are consistent with this chapter and all applicable requirements, the township engineers shall return one approved copy to the applicant. The applicant shall obtain approval of the county road commission, county department of public works, county drain commission and the county health department, where applicable.
(Ord. No. 154, § 2.1, 7-17-91)
Secs. 16-62--16-70. Reserved.
DIVISION 2. PREPRELIMINARY PLAT
Sec. 16-71. Purpose.
(a) The purposes of the prepreliminary plat are to provide:
(1) Guidelines for the subdivider concerning development policies of the township.
(2) The planning commission and other affected agencies with general information concerning the proposed development.
(b) Acceptance of the prepreliminary plat plan does not assure acceptance of the preliminary plat.
(Ord. No. 139, § 3.11, 8-20-80)
Sec. 16-72. Submittal.
The subdivider shall provide ten copies of the prepreliminary plat, at a scale of one inch equals 100 feet, to the township clerk ten days before the next meeting of the planning commission.
(Ord. No. 139, § 3.12(a), 8-20-80)
Sec. 16-73. Information required.
The proprietor should provide the following information to the planning commission for the entire tract of land, whether or not the tract will be developed in stages. Information on the prepreliminary plat may be combined on one or more drawings.
(1) Description of features, existing and proposed, surrounding the site, of importance to the proposed development.
(2) Description of general topographic and general soil conditions on the site.
(3) Location and description of existing and future manmade features of importance to the proposed development.
(4) A site analysis showing which of the site conditions the proprietor intends to retain or modify as part of the basic design of the subdivision.
(5) The concept, objectives, general layout and location and extent of the various uses and facilities to be incorporated within the subdivision.
(6) Stages of development.
(7) Property dimensions and area.
(8) Letter from the engineer concerning the general feasibility of the land for subdividing.
(9) Proof of ownership of the land proposed to be subdivided.
(10) Indication shall be made on the proposed plan, document that same is a prepreliminary plat.
(Ord. No. 139, § 3.12(b), 8-20-80)
Sec. 16-74. Review procedure.
(a) The township clerk shall promptly transmit the ten copies of the prepreliminary plat to the planning commission.
(b) The planning commission will review the plan with the subdivider or his agent and shall inform the subdivider or his agent of the township's development policies and make appropriate comments and suggestions concerning the proposed development scheme.
(c) The planning commission shall inform the township board of the results of the review of the prepreliminary plat.
(Ord. No. 139, § 3.12(c), 8-20-80)
Secs. 16-75--16-85. Reserved.
DIVISION 3. TENTATIVE APPROVAL OF PRELIMINARY PLAT
Sec. 16-86. Submittal.
The subdivider shall provide ten copies of the preliminary plat in accordance with the requirements of section 111 of the Subdivision Control Act, together with the required information, forms and fees to the township clerk at least ten days before a meeting of the planning commission.
(Ord. No. 139, § 3.21, 8-20-80)
Sec. 16-87. Information required.
The following shall be shown on the preliminary plat or submitted with it:
(1) The preliminary plat shall be at scale of one inch equals 100 feet and showing the date and north arrow.
(2) The name of the proposed subdivision.
(3) Names, addresses and telephone numbers of the subdivider and the surveyor preparing the plat.
(4) Location of the subdivision, giving the numbers of section, township and range, and the name of the township and county.
(5) The names of abutting subdivisions.
(6) Statement of intended use of the proposed plat, such as, residential single-family, two-family and multiple housing; commercial; industrial; recreational or agricultural. Also proposed sites, if any, for multifamily dwellings, shopping centers, churches, industry and other nonpublic uses exclusive of single-family dwellings. Also, any sites proposed for parks, playgrounds, schools or other public uses.
(7) A map of the entire area scheduled for development, if the proposed plat is a portion of a larger holding intended for subsequent development.
(8) A location map showing the relationship of the proposed plat to the surrounding area.
(9) The land use and existing zoning of the proposed subdivision and the adjacent tracts.
(10) Streets, street names, right-of-way and roadway widths.
(11) Lot lines and the total number of lots by block.
(12) Contours shall be shown on the preliminary plat at five-foot intervals where slope is greater than ten percent, and two-foot intervals where slope is ten percent or less.
(13) A site report as described in the rules of the state department of public health. The requirement for a site report if the proposed subdivision is not to be served by public sewer and water systems.
(14) Proposed and existing storm and sanitary sewers, water mains, and their respective profiles, or indicate alternative methods.
(15) Two copies of the proposed protective covenants and deed restrictions, or state in writing that none are proposed.
(16) Right-of-way easements, showing location, width and purpose.
(Ord. No. 139, § 3.21(b), 8-20-80)
Sec. 16-88. Preliminary engineering plans.
The subdivider shall submit nine sets of preliminary engineering plans for streets, water, sewers, sidewalks and other required public improvements. The engineering plans shall contain enough information and detail to enable the planning commission to make preliminary determination as to conformance of the proposed improvements to applicable township regulations and standards.
(Ord. No. 139, § 3.21(c), 8-20-80)
Sec. 16-89. Review procedures.
(a) The clerk shall check the completeness of the submittal as required by this division. Should any of the data required in this division be omitted, the clerk shall notify the proprietor of the additional data required and commission action shall be delayed until the required data is received. If complete and basically in conformance with applicable requirements, the clerk shall transmit the submittal to the planning commission in adequate time to place the proposal on the agenda of the next regular commission meeting.
(b) The township clerk shall transmit a copy of the preliminary plat to the township engineer and the township planner for their technical review and written recommendation.
(c) The commission shall review all details of the proposed subdivision within the framework of chapter 19, within the various elements of the future land use plan and within the standards of this chapter.
(d) The commission shall recommend conditional approval, disapproval, or approval of the preliminary plat.
(1) Should the approval be a conditional approval, such conditions shall be satisfied by the proprietor within a time set by the commission or the plat shall be recommended for rejection.
(2) Should the commission recommend disapproval of the preliminary plat, it shall record the reasons in the minutes of the regular meeting. A copy of the minutes shall be sent to the proprietor.
(3) Should the commission find that all conditions have been satisfactorily met, it may recommend 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 same as follows:
a. Return one copy to the proprietor.
b. File one copy which shall become a matter of permanent record in the files of the clerk's office.
c. The remaining copies shall be retained by the planning commission.
(e) The planning commission shall take action on the preliminary plat within 60 days of the date of filing of the plat. The review period may be extended by written agreement between the planning commission and the proprietor. If no action is taken by the planning commission within the 60-day period, and if no extension is secured, the township board shall assume that the preliminary plat has been recommended for approval by the planning commission.
(f) The township board shall, within 30 days of the planning commission's recommendation, tentatively approve, disapprove or conditionally approve the preliminary plat.
(g) Tentative approval under this section shall confer upon the proprietor for a period of one year from date, approval of lots sizes, lot orientation and street layout. Such tentative approval may be extended if applied for by the proprietor and granted by the township board in writing.
(Ord. No. 139, § 3.22, 8-20-80)
Secs. 16-90--16-100. Reserved.
DIVISION 4. FINAL APPROVAL OF PRELIMINARY PLAT
Sec. 16-101. Submittal.
The preliminary plat, as tentatively approved by the township board and approved by all county and state approval authorities as required for approval in sections 112 through 119 of the Subdivision Control Act, together with the required information, forms and fees shall be submitted to the clerk at least ten days prior to the meeting of the township board at which the preliminary plat is to be considered for final approval. The clerk shall determine if the application is complete, and if complete, transmit same to the township board in adequate time for inclusion on the agenda for the board's next meeting. If the application is not complete the clerk shall notify the proprietor in writing and shall list deficiencies. Board action on final approval of the preliminary plat shall be delayed until the required data is received.
(Ord. No. 139, § 3.31(a), 8-20-80)
Sec. 16-102. Information required.
The proprietor shall provide the following information to the township board to obtain final approval of the preliminary plat.
(1) A list of all county and state authorities required by the Subdivision Control Act to approve the preliminary plat, certifying that the list is complete and that each authority has approved the preliminary plat.
(2) One approved copy of the preliminary plat from each county and state authority required by the Subdivision Control Act to approve the preliminary plat.
(3) Copy of receipt from the township clerk that all fees required under this chapter have been paid.
(Ord. No. 139, § 3.31(b), 8-20-80)
Sec. 16-103. Review procedure.
(a) The board shall review the preliminary plat at its next regular meeting after submittal of the complete application, or within 20 days of the date of submission to the clerk. The board shall finally approve the preliminary plat if it conforms to the preliminary plat as tentatively approved by the board and if all other required approvals have been obtained by the proprietor. The clerk shall promptly notify the proprietor of the final approval, in writing.
(b) The board shall disapprove the preliminary plat if it does not conform to the preliminary plat as tentatively approved by the board, or if any of the other approvals required by the Subdivision Control Act have not been obtained. The clerk shall promptly notify the proprietor of the disapproval and the reasons therefor, in writing. The reasons for the disapproval shall be recorded in the minutes of the meeting of the board. Notice of disapproval shall be sent to each of the other plat approval authorities by the clerk.
(c) Final approval of the preliminary plat shall confer upon the proprietor for a period of two years from the date of approval the conditional right that the general terms and conditions under which the final approval of the preliminary plat was granted will not be changed. The two year period may be extended if an extension is applied for by the proprietor and granted by the township board in writing. Written notice of any extension shall be sent by the board to all other plat approval authorities.
(d) No installation or construction of any improvements 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 section 16-231 have been received by the township.
(Ord. No. 139, § 3.32, 8-20-80)
Secs. 16-104--16-115. Reserved.
DIVISION 5. FINAL PLAT
Sec. 16-116. Submittal.
When the preliminary plat has been approved by the county drain commissioner and the county road commission, the proprietor shall submit all copies of the plat in the form required in the Subdivision Control Act, together with the completed application form and fees for filing and recording and plat review, and shall be submitted to the clerk at least ten days prior to the meeting of the township board at which the plat is to be considered. The clerk shall determine if the submittal is complete, and if complete, transmit same to the board in adequate time for inclusion on the agenda for the board's next meeting. If the application is not complete the clerk shall so notify the applicant in writing and shall list deficiencies. A final plat shall not be accepted for review after the date of expiration of the final approval of the preliminary plat.
(Ord. No. 139, § 3.41(a), 8-20-80)
Sec. 16-117. Information required.
All final plats shall be in the form, and contain the information required by the Subdivision Control Act.
(1) Five copies on an approved polyester film and three paper prints of the final plat shall be filed by the proprietor with the township clerk.
(2) 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.
(3) If the proprietor has completed installation of the required public improvements, he shall provide the township clerk with a certificate from the township engineer indicating that improvements have been installed in conformance with the approved engineering drawings, with any changes noted therein and attached in drawing. If the proprietor has not completed the required improvements or facilities, the final plat shall be accompanied by a contract between the proprietor and the township board for the completion of all required improvements and facilities established under section 16-231.
(Ord. No. 139, § 3.41(b), 8-20-80)
Sec. 16-118. Review procedures.
(a) The township board shall review all recommendations and either approve or disapprove the final plat at its next regular meeting after the date of submission, or at a meeting called within 20 days of the date of submission. The board shall approve the plat if it conforms to the preliminary plat as finally approved and to the provisions of the Subdivision Control Act.
(b) If the final plat is approved, the township clerk shall sign a certificate signifying approval of the final plat by the township board, which shall include the date of approval and the date on which the clerk signs the certificate.
(c) Upon the approval of the final plat by the township board, the subsequent approvals shall follow the procedure set forth in the Subdivision Control Act. The three paper prints of the final plat shall be forwarded; one to the clerk, one to the planning commission, and one to the building inspector. The clerk shall promptly forward the remaining five copies to the clerk of the county plat board, together with the filing and recording fee.
(d) If the final plat is disapproved, the clerk shall record the reasons for rejection in the minutes of the meeting, notify the proprietor in writing of the action and the reasons therefor, and return the plat to the proprietor.
(e) Approval of the final plat shall confer upon the proprietor for a period of three years from the date of approval a right that all existing zoning regulations and subdivision regulations shall remain unchanged as they apply to the property included in the final plat.
(Ord. No. 139, § 3.42, 8-20-80)
Secs. 16-119--16-140. Reserved.
ARTICLE IV. SUBDIVISION DESIGN STANDARDS
DIVISION 1. GENERALLY
Sec. 16-141. Public walkways.
(a) Walkways. Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas. The right-of-way shall be at least ten feet wide and extend entirely through the block.
(b) Sidewalks. Sufficient right-of-way shall be provided so that sidewalks may be installed on both sides of all streets.
(Ord. No. 139, § 4.3, 8-20-80)
Sec. 16-142. Easements.
Easements shall be provided along rear lot lines for all public utility installations and drainageways and also along side lot lines when necessary. The total width shall not be less than six feet along each lot, or a total of 12 feet for adjoining lots. (See also subsection (f) for backup lots.) Such easements shall be so located as to not interfere with the use of any lot or other part of the subdivision.
(Ord. No. 139, § 4.4, 8-20-80)
Sec. 16-143. Blocks.
(a) Arrangements. A block shall be so designed as to provide two tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary.
(b) Minimum length. Blocks shall not be less than 500 feet long.
(c) Maximum length. The maximum length allowed for residential blocks shall be 1,000 feet except that in the R-1-S and R-1-R zones the block length may be extended to 1,800 feet where the average lot frontage on both sides of the street, measured at the required building line is 150 feet.
(Ord. No. 139, § 4.5, 8-20-80)
Sec. 16-144. Lots.
(a) Conform to zoning. The lot width, depth and area shall not be less than the particular district requirements of chapter 19 except where outlots are provided for some permitted purpose.
(b) Lot lines. Side lot lines shall be essentially at right angles to straight streets and radial to curved streets.
(c) Width related to length. Narrow deep lots shall be avoided. The depth of a lot generally shall not exceed three times the width as measured at the building line.
(d) Corner lots. Corner lots in residential subdivisions shall be platted at least ten feet wider than the minimum width permitted by chapter 19. Lots abutting a pedestrian midblock walkway shall be treated as corner lots.
(e) Uninhabitable areas. Lands subject to flooding or otherwise deemed by the planning commission to be uninhabitable shall not be platted for residential purposes, or for uses that may in the judgement of the planning commission increase the danger to health, life, or property or increase the flood hazard. Such land within a subdivision shall be set aside for other uses, such as parks or other open spaces.
(f) Back-up lots. Lots shall back into such features as freeways, arterial streets, shopping centers or industrial properties, except where there is a marginal access street, unless a secondary access is provided. Such lots shall contain a landscaped easement along the rear at least 20 feet wide in addition to the utility easement to restrict access to the arterial street to minimize noise and to protect outdoor living areas. Lots extending through a block and having frontage on two local streets shall be prohibited.
(g) Lot frontage. All lots shall front upon a publicly dedicated street.
(h) Future arrangements. Where parcels of land are subdivided into unusually large lots (such as when large lots are required for septic tank operations), the parcels shall be divided, where feasible, so as to allow for resubdividing into smaller parcels in a logical fashion. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future resubdividing or lot splitting is contemplated the plan thereof shall be approved by the planning commission prior to the taking of such action.
(i) Lot division. Lot division shall be provided in accordance with the standards and specifications of the division of land ordinance as officially adopted by the township board.
(j) Division of unplatted parcel. The division of an unplatted parcel of land shall be provided in accordance with the standards and specifications of the division of land ordinance as officially adopted by the township board.
(Ord. No. 139, § 4.6, 8-20-80)
Sec. 16-145. Planting strips.
Planting strips may be required to be placed next to incompatible features such as highways, railroads, commercial, or industrial uses to screen the view from residential properties. Such screens shall be a minimum of 20 feet wide, and shall not be a part of the normal roadway right-of-way or utility easement.
(Ord. No. 139, § 4.71, 8-20-80)
Sec. 16-146. Reserve strips.
(a) Private. Privately-held reserve strips controlling access to streets shall be prohibited.
(b) Public. A one-foot reserve strip may be required to be placed at the end of "stub" or "dead-end" streets which terminate at subdivision boundaries. These reserves shall be deeded in fee simple to the township for future street purposes.
(Ord. No. 139, § 4.72, 8-20-80)
Sec. 16-147. Natural features.
Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved, insofar as possible, in the design of the subdivision.
(Ord. No. 139, § 4.73, 8-20-80)
Sec. 16-148. Commercial subdivisions.
(a) Where commercial developments for retail sales, wholesale sales, business services, offices and similar establishments fall within the definition of "subdivision" as set forth in the Subdivision Control Act, such development shall conform to the provisions of this chapter, except for modifications provided for in this section. The development shall conform to all requirements of chapter 19.
(b) Streets shall conform to the requirements of section 16-163. All streets in a commercial subdivision shall be paved, and shall have curb and gutter, and underground storm drainage. Streets shall be designed and constructed to adequately handle truck traffic. Curb side parking and loading shall not be provided for, nor permitted on, any street in a commercial subdivision. No backing or similar maneuvering of vehicles to enter or leave a parking or loading space shall be permitted or provided for on a commercial subdivision street; such movements shall be adequately provided for on each lot.
(c) Entry drives for the subdivision shall be located and designed so as not to create congestion or hazardous conditions on public streets serving the subdivision. Driveways from parking and/or loading areas shall intersect subdivision streets at a distance from street intersections that is large enough to permit safe and convenient maneuvering of vehicles.
(d) The block sizes set forth in section 16-143, shall not apply to commercial subdivisions. The blocks shall be designed to meet the needs of the commercial uses that will occupy the subdivision. However, block sizes shall meet the requirements of fire protection, snow removal and other service and emergency vehicles.
(e) Lots in a commercial subdivision shall have access from subdivision or frontage streets, and shall not open directly onto an arterial or collector street.
(f) Sidewalks and pedestrian ways shall be required in commercial subdivisions, except where the planning commission determines that such facilities are not required for the safety and convenience of pedestrians within or around the subdivision.
(g) Buffer strips, at least 20 feet wide and landscaped may be required by the planning commission to be provided along the perimeter of a commercial subdivision where adjacent to a residential area. The planning commission may also require provision of a fence, wall or screen if it determines such is necessary to protect the adjacent areas from litter, trespass and other nuisances. Any intended future expansion of the commercial development should be shown on the preliminary plat submitted for tentative approval.
(Ord. No. 139, § 4.81, 8-20-80)
Sec. 16-149. Industrial subdivisions.
(a) Where industrial developments consisting of, but not limited to, manufacturing establishments, trucking and warehouse facilities, and similar activities, fall within the definition of "subdivision" as set forth in the Subdivision Control Act, such development shall conform to the provisions of this chapter, except for modifications provided for in this section. The development shall conform to all requirements of chapter 19.
(b) Streets shall conform to the requirements of section 16-163. All streets in an industrial subdivision shall be paved according to standards suitable for heavy trucking activities. All streets shall have concrete curb and gutter with enclosed underground storm drainage.
(c) All streets within the subdivision shall be designed and constructed to easily and conveniently accommodate the movement of large trucks. Street grades shall conform to the requirements of section 16-165. Street intersections shall have a minimum curb radius of 25 feet.
(d) Parking and loading on all streets in an industrial subdivision shall be prohibited. Adequate parking and loading areas, and space necessary for maneuvering of trucks in loading and unloading operations shall be provided on each site. Layouts which permit use of streets for turnaround and other maneuvers shall not be acceptable.
(e) Entry drives for the subdivision shall be located and designed so as not to create congestion or hazardous conditions on public streets serving the subdivision. Driveways from parking and/or loading areas shall intersect subdivision streets at a distance from any street intersections that is large enough to permit safe and convenient maneuvering of all vehicles.
(f) Streets within an industrial subdivision normally shall not be extended to the boundaries of adjacent existing or potential residential areas or connected to streets intended for predominantly residential traffic. Streets within the subdivision, except collector and arterial streets, shall be laid out so as to prohibit through traffic.
(g) The block sizes set forth in section 16-143 shall not apply to industrial subdivisions. The blocks shall be designed to meet the needs and characteristics of the industrial operations that will be conducted therein, and may vary considerably in size. However, block dimensions shall meet the requirements of fire protection, snow removal, and other services and emergency vehicles. The subdivision plat should emphasize flexibility to accommodate various industrial needs for space and should concentrate on the size and shape of blocks rather than on individual lots. Lots in an industrial subdivision shall have access only from subdivision or frontage roads, and shall not open directly onto arterial or collector streets.
(h) Sidewalks and pedestrian ways shall be required in industrial subdivisions, except where the planning commission determines that such facilities are not required for the safety and convenience of pedestrians within or around the subdivision.
(i) Buffer strips of at least 20 feet in width, and landscaped may be required by the planning commission along the side and rear property lines of an industrial subdivision where these abut a residential, agricultural, institutional or commercial area. The planning commission may require provision of a fence, wall or screen if it determines such is necessary to protect the adjacent areas and/or the industrial subdivision from litter, trespass, and other nuisances.
(j) Any intended future expansion of the industrial development should be shown on the preliminary plat as submitted for tentative approval.
(Ord. No. 139, § 4.82, 8-20-80)
Secs. 16-150--16-160. Reserved.
DIVISION 2. STREETS AND ROADS
Sec. 16-161. Minimum standards.
The standards set forth in this division shall be the minimum standards for streets, roads and intersections. Any higher standards adopted by the county road commission shall prevail.
(Ord. No. 139, § 4.11, 8-20-80)
Sec. 16-162. Dedication.
All streets shall be dedicated to public use.
(Ord. No. 139, § 4.11, 8-20-80)
Sec. 16-163. Location and arrangement.
(a) Compliance. When a major street plan has been adopted, subdivision streets shall be required to conform to the plan.
(b) Local or minor streets. Local or minor streets shall be so arranged as to discourage their use by through traffic.
(c) Street continuation and extension. The arrangement of streets shall provide for the continuation of existing streets from adjoining areas into new subdivisions, unless otherwise approved by the planning commission and the county road commission.
(d) Stub streets. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be extended to the boundary line of the tract to make provision for the future projection of streets into adjacent areas.
(e) Relation to topography. Streets shall be arranged in proper relation to topography so as to result in usable lots, safe streets and reasonable gradients.
(f) Marginal access streets. Where a subdivision abuts or contains an arterial street, the township may require:
(1) Marginal access streets approximately parallel to and on each side of the right-of-way.
(2) Such other treatment as it deems necessary for the adequate protection of residential properties and to afford separation of through and local traffic.
(g) Cul-de-sac streets. Cul-de-sacs shall not be more than 1,000 feet in length. Special consideration shall be given to longer cul-de-sacs under certain topographic conditions or other unusual situations. Cul-de-sacs shall terminate with an adequate turnaround with a minimum radius of 60 feet for right-of-way and 40 feet for pavement in residential and commercial subdivisions and shall terminate with a minimum radius of 80 feet for right-of-way and 60 feet for pavement in industrial subdivisions.
(Ord. No. 139, § 4.12(a)--(e), (g), (h), 8-20-80)
Sec. 16-164. Prohibited ways.
(a) Alleys. Alleys shall not be prohibited.
(b) Half streets. Half streets shall be prohibited.
(c) Private streets. Private streets and roads shall be prohibited within platted subdivisions.
(Ord. No. 139, § 4.12(f), (i), (j), 8-20-80)
Sec. 16-165. Rights-of-way widths.
Street and road right-of-way and roadway widths shall conform to the major street plan of the township and the rules of the county road commission and the state department of transportation.
(Ord. No. 139, § 4.13(a), 8-20-80)
Sec. 16-166. Street gradients.
(a) Maximum grades. Street grades shall not exceed eight percent on either local streets or collector streets. Grades up to four percent will be considered the maximum for industrial subdivisions. However, grades up to six percent will be considered under special conditions.
(b) Minimum grades. No street grade shall be less than 0.4 percent.
(Ord. No. 139, § 4.13(b), 8-20-80)
Sec. 16-167. Street alignment.
(a) Horizontal alignment. When street lines deflect from each other by more than ten degrees in alignment, the centerlines shall be connected by a curve with a minimum radius of 500 feet for arterial streets, 300 feet for collector streets and 150 feet for local or minor streets. Between reverse curves, on minor streets, there shall be a minimum tangent distance of 100 feet, and on collector and arterial streets, 200 feet.
(b) Vertical alignment. Minimum sight distances shall be 200 feet for minor streets and 300 feet for collector streets.
(Ord. No. 139, § 4.13(c), 8-20-80)
Sec. 16-168. Street names.
(a) Street names shall not duplicate any existing street name in the township, except where a new street is a continuation of an existing street.
(b) Street names that may be spelled differently but sound the same shall also be avoided.
(c) Duplications can be avoided by checking new street names with the U.S. Postal Service master listing.
(Ord. No. 139, § 4.14, 8-20-80)