PART II  CODE OF ORDINANCES - Chapter 16

LAND DIVISIONS AND SUBDIVISIONS*

*Charter references: Plats approved by council, ch. X, § 14.
Cross references: Any ordinance granting or accepting easements, plats or dedication of land to public use saved from repeal, § 1-12(10); buildings and building regulations, ch. 6; environment, ch. 10; fences, walls and hedges, ch. 12; planning, ch. 26; streets, sidewalks and other public places, ch. 30; utilities, ch. 36; vegetation, ch. 38; zoning, ch. 40.
State law references: Land division act, MCL 560.101 et seq.; further partition or division of property, MCL 560.263; municipal planning, MCL 125.31 et seq.



 

ARTICLE I.  IN GENERAL

Sec. 16-1.  Purpose.
The purpose of this chapter is to:
(1)     Promote the health, safety, comfort, convenience and general welfare of the inhabitants of the village by regulating and controlling the division of land;
(2)     Establish standards and procedures for regulating and controlling the division of land pursuant to the statutes of the state;
(3)     Provide for the orderly growth and harmonious development of the village consistent with the village master plan and chapter 40 of this Code;
(4)     Attain and secure traffic circulation through coordinated street systems so as to lessen congestion on the streets and highways;
(5)     Attain and secure an adequate water supply, drainage, wastewater disposal and other health requirements;
(6)     Attain and secure recreational areas and other public facilities;
(7)     Provide for and control the installation of sanitary sewer, storm drainage, water mains, site grading and paving in connection with residential projects;
(8)     Preserve significant natural resources and a proper ecological aesthetic balance in connection with the subdivision of land; and
(9)     Establish standards, procedures, rules and regulations related to the review of plats and nonplatted divisions of land which are designed to encourage unique, creative and innovative concepts in connection with the subdivision of land.
(Ord. No. 222, art. I, § 101, 8-20-2002)

Sec. 16-2.  Legal authority.
This chapter is adopted pursuant to the state land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), and the municipal planning act, Public Act No. 285 of 1931 (MCL 125.31 et seq.).
(Ord. No. 222, art. I, § 102, 8-20-2002)

Sec. 16-3.  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:

Alley means a dedicated public way of 20 feet or more in width, affording secondary access to abutting property and not intended for general traffic circulation.

Assessor means the Lake Township Assessor.

Block means property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street and railroad right-of-way, undivided acreage, lake, river or stream, or between any of such areas and any other barrier to the continuity of development.

Building line and setback line mean a line parallel to a street right-of-way line established on a parcel of land or on a lot for the purpose of prohibiting construction of a building between such line and a right-of-way, other public area or the edge of a lake, stream or riverbank.

Building site means a parcel with existing structures proposed for use and/or a parcel on which the improvements of new structures is proposed.

Character and harmony mean individual traits which, when combined and reviewed over a certain area, create an overall pleasing and congruent agreement of such traits. Character traits which may be considered include the following:
(1)     Size of parcel (area, lot width, lot depth, width to depth ratio, etc.).
(2)     Percentage of lot coverage.
(3)     Natural features.
(4)     Intensity of use.

Comprehensive plan and master plan mean the basic plan for the village, including graphic and written material indicating the general locations recommended for streets, parks, schools, public buildings, zoning districts and all physical developments of the village, including any unit or part of such plan separately accepted or adopted and any amendments to such plan, or parts thereof, in use by the planning commission.

County plat board means the register of deeds, who shall act as chairperson; the county clerk, who shall act as secretary; and the county treasurer. If the offices of county clerk and register of deeds have been combined, the chairperson of the board of supervisors shall be a member of the county plat board and shall act as chairperson. In a county where a board of auditors is authorized by law, such board may elect to serve on the county plat board by adopting a resolution ordering such service. A copy of the recorded resolution shall be sent to the state treasurer.

Development site means any parcel or lot on which exists, or which is intended for, a building development other than a division as defined in this section.

Division means the partitioning or splitting of a parcel or tract of land by the proprietor thereof, or his heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale, or lease of more than one year, or 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 state land division act (MCL 560.108, 560.109). Any such division shall conform to the requirements of this chapter, including, but not limited to, section 16-265.

Easement means a specific area of land over which a right, privilege or advantage is granted by the owner to a person, firm, corporation or the public for specific uses and purposes and which shall be designated as a public or private easement.

Engineer means a civil engineer who is a professional engineer licensed under article 20 of the occupational code, Public Act No. 299 of 1980 (MCL 339.2001 et seq.).

Exempt split and exempt division mean the partitioning or splitting of a parcel or tract of land by the proprietor thereof, or his heirs, executors, administrators, legal representatives, successors or assigns, that does not result in one or more parcels of less than 40 acres or the equivalent. 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 chapter and the land division act or the requirements of any other applicable local ordinances.

Floodplain means the area of land adjoining the channel of a river, stream, watercourse, lake or other similar body of water which will be inundated by a flood which can reasonably be expected for that region.

Health department means the Macomb County Health Department or Wayne County Health Department.
Improvements means grading, street surfacing, curb and gutter, sidewalks, crosswalks, water mains and lines, sanitary sewers, storm sewers and drains, fire hydrants, culverts, bridges, utilities, parks and other additions to the natural state of the land which increase its value, utility or habitability.

Land means all land areas occupied by real property.

Land division act means Public Act No. 288 of 1967 (MCL 560.101 et seq.).

Landscaping easement means 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.

Lot means a measured portion of a parcel or tract of land, which is described and fixed in a recorded plat.

Lot width means the distance from one side lot line to the other side lot line, measured at the minimum front yard setback permitted in chapter 40 of this Code. Lot widths shall conform at least to the minimum requirements of chapter 40 of this Code for the district in which the subdivision is proposed. In no case shall the width of a lot at any point be less than 75 percent of the required minimum lot width.

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

Parcel means a continuous area or acreage of land which can be described as provided for in the land division act.

Parent parcel and parent tract mean a parcel or tract respectively, lawfully in existence on the effective date of the amendatory act that added the ordinance from which this chapter is derived.

Performance guarantee means any security, including cash, corporate surety bonds or irrevocable bank letters of credit or other similar performance guarantees acceptable to the village board, for required subdivision improvements that will be installed by the proprietor.

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

Preliminary plat means a map showing all requisite details of a proposed subdivision, submitted to an approving authority for purposes of preliminary consideration, in conformance with the state land division act, this chapter and any other applicable village codes, ordinances, rules or regulations.

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 this chapter and the land division act, and suitable for recording by the county register of deeds.

Proprietor means a natural person, firm, association, partnership or corporation, or a combination thereof, that holds an ownership interest in land, whether recorded or not.

Public sewer means a sewerage system as defined in section 4101 of part 41 (sewerage systems) of the natural resources and environmental protection act, Public Act No. 451 of 1994 (MCL 324.4101).

Public utility means all persons, firms, corporations, copartnerships, or municipal or other public authority providing gas, electricity, water, steam, telephone, sewer or other services of a similar nature.

Public water means a system of pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water to the public for household or drinking purposes.

Replat means 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.

Secretary means the Secretary of the Village of Grosse Pointe Planning Commission.

Street means any avenue, boulevard, road, lane, parkway, viaduct or other way which is an existing state, county or municipal roadway, or any road or way shown in a plat approved pursuant to law prior to the effective date of the ordinance from which this chapter is derived. A street includes the land between the right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and lawns.

Boulevard street means a street developed in two, one-way pavements, separated by a landscaped median.

Collector street means a street intended to serve as a major means of access from minor streets to major thoroughfares, including principal entrance streets to large scale developments.

Cul-de-sac means a short minor street having one end permanently terminated by a vehicular turnaround.

Local street means a road of limited continuity, used primarily for access to abutting residential properties.

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

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

Marginal access street means a local street parallel and adjacent to a major thoroughfare, which provides access to abutting properties and protection from through traffic.

Regional thoroughfare means an arterial street of great continuity, which is intended to serve large volumes of primarily region-to-region traffic, and shall be designated in the village master plan.

Turnaround means a short boulevard street, permanently terminated by a paved area, with sufficient outside radius to permit vehicular turnaround appropriate for such particular type of street.

Subdivide and subdivision mean the partitioning or splitting of a parcel or tract of land by the proprietor thereof, or his heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale, or lease of more than one year, or building development that results in one or more parcels of less than 40 acres or the equivalent, and that is not exempt from the platting requirements of MCL sections 108 and 109 of the land division act (560.108, 560.109). Such terms do not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel, and any resulting parcel shall not be considered to be a building site unless the parcel conforms to the requirements of the land division act or the requirements of an applicable local ordinance.

Surveyor means a professional surveyor licensed under article 20 of the occupational code, Public Act No. 299 of 1980 (MCL 339.2001 et seq.).

Tract means two or more parcels that share a common property line and are under the same ownership.

Village engineer and engineer mean the staff engineer or consulting professional engineer employed by the village.

Village planner and planner mean the staff planner or consulting community planner employed by the village.

(Ord. No. 222, art. II, 8-20-2002; Ord. No. 223, § I, 9-17-2002)
Cross references: Definitions generally, § 1-2.

Sec. 16-4.  Appeals.
Any proprietor who is aggrieved by a decision of the village council in connection with the decisions, requirements, provisions, etc., of lands covered by the provisions of this chapter, may appeal such decision to the zoning board of appeals. The zoning board of appeals shall follow the process defined in section 40-393. Any person aggrieved by a final decision of the zoning board of appeals may appeal to the circuit court.
(Ord. No. 222, art. X, 8-20-2002)

Sec. 16-5.  Violations; penalties.
In addition to the penalties prescribed for this chapter, the village may also seek such other relief as may be permitted by law, including, but not limited to, injunctive relief.
(Ord. No. 222, art. XI, 8-20-2002)
Secs. 16-6--16-40.  Reserved.

 

ARTICLE II.  INITIAL INVESTIGATION

Sec. 16-41.  Informal meeting.
Prior to the preparation of a plat, it is suggested that the proprietor meet informally with the planning commission to investigate the procedures of the village with reference to subdivision requirements.
(Ord. No. 222, art. III(intro. ¶), 8-20-2002)

Sec. 16-42.  Proprietor's responsibilities.
(a)     The proprietor should obtain copies of and/or be thoroughly familiar with:
(1)     This chapter, chapter 40 of this Code, the master plan, engineering specifications and other similar ordinances or controls relative to the subdivision and improvement of land.
(2)     The relationship of the proposed subdivision with respect to adjacent land uses and to thoroughfares and plans for improving thoroughfares.
(3)     The adequacy and standards for schools and public open spaces, including parks and playgrounds to serve the proposed subdivision.
(4)     The availability, standards and adequacy of sewage disposal, water supply and storm drainage within the village.
(b)     The proprietor may, at his election, submit a pre-preliminary plan showing the proposed development of the subdivision in schematic form, including the area of first development. Such a sketch plan should include the general layout of streets and lots, existing characteristics and conditions of the site, and the general area set aside for schools, parks and other community facilities (see section 16-74).
(c)     Nothing in this section, however, shall be construed so as to require approval of the pre-preliminary plan. The pre-preliminary plan shall serve only as a general guide to the proprietor and the village.
(Ord. No. 222, art. III, § 300, 8-20-2002)
Secs. 16-43--16-70.  Reserved.

 

ARTICLE III.  PRELIMINARY PLAT--TENTATIVE APPROVAL

Sec. 16-71.  Filing.
(a)     Prior to filing a preliminary plat, the applicant shall submit a certified survey in accordance with Public Act No. 132 of 1970 (MCL 54.211 et seq.), showing the area of land to be platted and any residual parcel. As part of the submission of a preliminary plat, the village assessor shall review and approve all proposed parcel splits and combinations for compliance with this chapter. The applicant shall submit evidence of such approval with the tentative preliminary plat.
(b)     The proprietor shall submit copies of the preliminary plat to the Macomb and Wayne County plat board, the Macomb and Wayne County drain commissions, the Macomb and Wayne County road commission, and the Macomb and Wayne County health department for review, as necessary, and obtain the county's written comments before tentative approval of the preliminary plat is granted by the planning commission.
(c)     The proprietor shall submit 15 copies of the preliminary plat, all required county department/agency comments, and other data concerning the proposed subdivision, together with a copy of proof of ownership, to the village manager at least 30 days before the meeting date of the planning commission. The village manager shall forward such data to the secretary and shall request that the preliminary plat be placed on the next agenda of the planning commission.
(d)     The school district having jurisdiction in the area concerned shall be informed and made aware of the proposed preliminary plat by the proprietor. The proprietor shall submit evidence that a copy of the preliminary plat has been delivered to the appropriate school district for its information and comment.
(e)     In cases where the property proposed for platting was previously platted, proof of subdivision vacation must be submitted. No plat shall be given tentative approval until such existing plat is vacated.
(f)     The preliminary plat shall be prepared in accordance with sections 111 and 112 of the state land division act (MCL 560.111, 560.112) and in accordance with the requirements of this chapter. The planning commission shall act on the preliminary plat within 60 days after the first meeting of the planning commission after the proposed preliminary plat has been properly filed with the village. Such first planning commission meeting date shall be considered the date of filing, subject to the conditions of section 16-75(b).
(g)     The proprietor shall deposit the sum required in article IX of this chapter at the time the preliminary plat is submitted to the village manager.
(Ord. No. 222, art. IV, § 400, 8-20-2002)

Sec. 16-73.  Existing conditions.
The following existing conditions shall be submitted with the preliminary plat:
(1)     An area location map, at a scale of not less than one inch equals 200 feet, showing the relationship of the subdivision to significant surroundings, i.e., section lines, major streets or collector streets.
(2)     Boundary line of the proposed subdivision, the section or village line within or adjacent to the tract and the overall property dimensions.
(3)     Property lines of contiguous adjacent tracts of subdivided and unsubdivided land, up to 200 feet of which are to be shown in relation to the tract being proposed for subdivision, including the property lines located opposite to abutting roads.
(4)     Location, widths and names of existing or prior platted streets, private streets, public areas and public easements within, or adjacent to, the tract being proposed for subdivision, including such streets, public areas and public easements located opposite to abutting roads.
(5)     Location of existing sewers, water mains, storm drains and other underground facilities within, or adjacent to, the tract being proposed for subdivision and a statement describing how the improvements will be provided for the subdivision.
(6)     Drainage patterns shall be graphically displayed on an accompanying sketch, including the following information:
a.     Lake location and river, stream or open drainageways (ditches) and the direction of flow.
b.     The direction of surface drainage over the site.
c.     Soil drainage characteristics shall be designated as:
1.     Well drained;
2.     Subject to ponding; or
3.     Susceptible to flooding.
(7)     Elevations shall be based on National Geodetic Vertical Datum (NGVD), with village benchmarks used where they are available. Contours shall be drawn at an interval of two feet in elevation, and the survey shall show the limits of any floodplain, water body, lake, river, stream, creek or drain when such floodplain is within or adjacent to the proposed plat. The topographic map shall include the area of the proposed subdivision, as well as an area at least 200 feet beyond the subdivision.
(8)     Soil types and characteristics, as made available by the United States Department of Agriculture, Soil Conservation Service, shall be sketched and submitted at the same scale as the subdivision site, indicating the suitability of the proposed site for the proposed development (see the Soil Survey, Macomb and Wayne Counties, Michigan).
(9)     The type and location of vegetation on the site shall be carefully inventoried and sketched on a map at the same scale as the preliminary plat. In particular, existing trees, five inches in caliper or greater when measured five feet above the established grade, shall be recorded along with the type and species of such trees.
(10)     Any information which the village manager or planning commission may deem necessary to render a decision.
(Ord. No. 222, art. IV, § 402, 8-20-2002)

Sec. 16-74.  Proposed conditions.
An illustration showing the following information shall be submitted as the preliminary plat drawing:
(1)     Layout of streets, indicating proposed street names, right-of-way widths and connections with adjoining platted streets, existing easements and public walkways. Prior to final preliminary plat approval, all street names shall be reviewed and approved by the fire department and assessor.
(2)     Layout, number and dimension of lots, including building setback lines, showing dimensions thereof. The area of each lot shall be indicated on the lot or on a supplemental table. A typical building footprint, representing a building size consistent with that which is planned for the subdivision, shall be drawn on each lot.
(3)     An indication of parcels of land intended to be dedicated or set aside for public use and/or for the use of property owners in the subdivision, in particular, a landscape easement and plan as required pursuant to section 16-186.
(4)     A tree inventory and preservation plan.
(5)     An indication of the status of the petitioner's ownership and existing and proposed use of any parcels adjacent to or abutting the subject proposed plat. Such parcels shall be identified as "excepted" on the preliminary plat. The proprietor shall indicate how excepted parcels 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.
(6)     A statement of the intended use of the proposed plat, such as residential, single-family and multiple housing; commercial; industrial; recreational; or agricultural. The intended use for proposed sites, if any, for multifamily dwellings, shopping centers, churches, industry and other nonpublic uses, exclusive of single-family dwellings, shall be stated. Any site proposed for parks, playgrounds, schools or other public uses shall be designated.
(7)     A landscape plan for the entire development, including specific details for the subdivision entrance sign and lighting.
(Ord. No. 222, art. IV, § 403, 8-20-2002)

Sec. 16-75.  Review by planning commission.
(a)     One copy each of the preliminary plat shall be transmitted by the village to the village engineer and village planner for their technical review and recommendation to the planning commission.
(b)     The village planner shall check the proposed plat for planning and site layout. Should any of the data required in sections 16-72--16-74 be omitted, the village planner shall inform the planning commission of the data required, and that the application shall not be considered to be properly filed until the required data is received.
(c)     Upon proper and timely receipt of the proposed plat, the secretary shall place the preliminary plat on the next regular planning commission agenda, at which meeting the proprietor will be scheduled to appear. The planning commission shall act onthe preliminary plat as provided in section 16-71, unless the proprietor agrees to an extension, in writing, at such time, or verbally approves an extension for the record.
(d)     The planning commission shall review the preliminary plat for compliance with the following:
(1)     Applicable ordinances and regulations.
(2)     General availability and adequacy of utilities.
(3)     Availability of school and recreation facilities.
(4)     Master plan requirements.
(5)     General design and site layout (street and lot orientation).
(6)     Environmental impacts.
(7)     Proper reviews and comments from village consultants and state and county agencies.
(e)     The planning commission shall recommend disapproval, approval or conditional approval of the preliminary plat.
(1)     Should the planning commission recommend disapproval of the preliminary plat, it shall record the reasons for such disapproval in the minutes of the meeting. The proprietor shall be notified, in writing, of the action of the planning commission. A copy of such action shall also be submitted to the village council.
(2)     Should the planning commission find that all conditions have been satisfactorily met, it shall recommend tentative approval of the preliminary plat. The secretary shall make a notation to such effect on each copy of the preliminary plat and distribute copies of the preliminary plat as follows:
a.     Retain one copy, which shall become a matter of permanent record in the planning commission's files.
b.     Forward one copy to the school board or school superintendent of the district having jurisdiction in the area concerned.
c.     Forward one copy each to the village engineer and village planner.
d.     Forward the remaining copies to the village council via the village manager, with recommendations for approval.
(Ord. No. 222, art. IV, § 404, 8-20-2002)

Sec. 16-76.  Review by village council.
(a)     The village council will not review a preliminary plat before compliance with section 16-75, and then the village council shall consider the preliminary plat and shall take action on such plat within 90 days of the date of filing, as set forth in this article, unless the proprietor agrees to an extension, in writing, at such time, or approves an extension verbally for the record.
(b)     Should the village council give tentative approval of the preliminary plat, it shall be deemed to confer upon the proprietor the right to proceed with the necessary steps for final preliminary plat approval.
(c)     Tentative approval of the preliminary plat by the village council is effective for a period of one year. Should the preliminary plat, in whole or in part, not be submitted for final approval within such time limit, the preliminary plat shall expire. The one-year period may be extended if requested, in writing, by the proprietor and granted by the village council prior to the expiration of the plat. A plat shall not be reinstated after the expiration date.
(d)     No installation or construction of any improvements shall be made prior to final preliminary plat approval and approval of all engineering plans, as provided in this article.
(Ord. No. 222, art. IV, § 405, 8-20-2002)
Secs. 16-77--16-110.  Reserved.

 

ARTICLE IV.  PRELIMINARY PLAT--FINAL APPROVAL

Sec. 16-111.  Submission.
Within one year after having received tentative approval of the preliminary plat, as prescribed in article III of this chapter, and after having received approval from the village engineer, the proprietor shall submit the preliminary plat for final approval.
(Ord. No. 222, art. V(intro. ¶), 8-20-2002)

Sec. 16-112.  Filing.
(a)     The proprietor shall file with the village manager 15 copies of the preliminary plat and other data concerning the proposed subdivision, including 15 copies of an approved engineering plan, coincidental with filing copies thereof with the authorities as required in sections 112--119 of the state land division act (MCL 560.112--560.119). A list of such authorities, and evidence of their approvals, shall accompany the filing with the village manager. All other information required for tentative preliminary plat approval, as set forth in article III of this chapter, must be provided.
(b)     The proprietor shall submit 15 copies of the proposed subdivision deed restrictions or protective covenants, or a signed statement, in writing, that no deed restrictions or protective covenants are proposed.
(c)     The proprietor shall deposit the required fees to cover costs of reviewing the plat and layout.
(d)     As evidence of title, the proprietor shall submit a policy of title insurance or a legal opinion, disclosing the name of the titleholder and all other persons having an interest in the realty proposed for subdividing. The title policy shall indicate encumbrances against the property, such as, but not limited to, easements and special assessments.
(e)     If the proprietor wishes to stage the subdivision of a parcel, the preliminary plat shall include the proposed general layout for the entire parcel. The portion proposed to be subdivided first shall be superimposed upon the overall plan in order to clearly illustrate the sequence of development which the proprietor intends to follow. Each subsequent plat shall follow the same procedure until the entire parcel is subdivided.
(f)     The application shall include evidence that the fire department and assessor reviewed and approved all street names.
(Ord. No. 222, art. V, § 500, 8-20-2002)

Sec. 16-113.  Review by village engineer and village planner.
(a)     A copy of the preliminary plat shall be transmitted by the village to the village engineer and village planner for technical review and recommendation.
(b)     The village engineer and village planner shall recommend approval or rejection of the preliminary plat before the end of the 30-day review period.
(Ord. No. 222, art. V, § 501, 8-20-2002)

Sec. 16-114.  Review by planning commission.
The preliminary plat documents shall be reviewed by the planning commission for conformity with the tentatively approved preliminary plat. Any changes to the layout, configuration, number or pattern of lots or streets shall require a resubmission of the tentative plat to the planning commission for recommendation to the village council.
(Ord. No. 222, art. V, § 502, 8-20-2002)

Sec. 16-115.  Review by village council.
(a)     The village council will not review the preliminary plat until all of the requirements of the state land division act and this chapter have been met. The village council shall take action on the preliminary plat as set forth in section 120(2) of the state land division act (MCL 560.120(2)).
(b)     If approvals of other agencies have been received and the preliminary plat conforms substantially to the plat tentatively approved by the village council and meets all conditions for tentative approval, the village council shall grant final approval of the preliminary plat.
(c)     The village manager shall promptly notify the proprietor, in writing, of such approval or rejection. If the plat is rejected, reasons for such rejection shall be given.
(d)     Final approval shall be effective for a period of two years from the date of final approval. The two-year period may be extended if requested, in writing, by the proprietor and granted by the village council. Each extension shall be for a period of no longer than one year. A maximum of two extensions may be granted.
(e)     No installation or construction of any improvements shall be made before:
(1)     The preliminary plat has received final approval of the village council;
(2)     Engineering plans have been approved by the village engineer;
(3)     Acceptable executed easements for off-site improvements have been received by the village or other governmental agency;
(4)     All required construction permits have been obtained; and
(5)     Any deposits required by the village and article VII of this chapter have been received by the village.
(Ord. No. 222, art. V, § 503, 8-20-2002)
Secs. 16-116--16-150.  Reserved.

 

ARTICLE V. FINAL PLAT

Sec. 16-151.  Preparation.
(a)     The final plat shall comply with the provisions of the state land division act.
(b)     The final plat shall conform to the preliminary plat, as approved.
(c)     As evidence of title, the proprietor shall submit an abstract of title, certified to the date, with the written opinion of an attorney-at-law on such abstract of title, or a policy of title insurance disclosing the name of the title holder and all other persons having an interest in the subdivided realty. The title policy shall indicate encumbrances against the property, such as, but not limited to, easements and special assessments.
(d)     Final plat approval shall not be requested by the proprietor or approved by the village council unless the engineering plans have been approved by the village engineer; acceptable executed easement agreements for off-site improvements have been received by the village or other governmental agency; and any deposits required under the village's engineering ordinance and article VII of this chapter have been received by the village. Plats shall not be considered properly filed until all applicable federal, state, county and local review agencies have submitted written approval.
(e)     Six copies of the proposed subdivision deed restrictions or protective covenants, or a signed statement, in writing, that no deed restrictions or protective covenants are proposed, shall be furnished to the village council to be filed with the village's copy of the final plat.
(Ord. No. 222, art. VI, § 600, 8-20-2002)

Sec. 16-152.  Review.
(a)     The proprietor shall file 15 paper prints of the final plat with the village manager, and shall deposit such sums of money as required in this chapter and/or by other ordinances. The proprietor may submit only one mylar copy of the final plat and, at his expense, request the state treasurer's office to make the remaining four mylar copies.
(b)     The final plat shall be reviewed by the village engineer and village planner for compliance with the approved preliminary plat and plans for utilities and other improvements.
(c)     The village engineer and village planner shall notify the village council of their recommendation for approval or rejection of the final plat before the council's next regular meeting or within 20 days of the date of proper filing of the final plat.
(d)     The village council shall approve or disapprove the final plat at its next regular meeting or within 20 days after the date of proper filing of the final plat.
(e)     Upon approval of the final plat by the village council, the subsequent approvals shall follow the procedure set forth in the state land division act. Six prints of the final plat shall be forwarded as follows:
(1)     One to the village manager;
(2)     One to the planning commission;
(3)     One to the assessor;
(4)     One to the village engineer; and
(5)     Two to the building inspector.
Five mylar copies, supplied by the developer, shall be forwarded to the Macomb and/or Wayne County Clerk, register of deeds. A digital copy of the final plat shall be submitted to the village and/or county planning department, in a format acceptable to each entity.
(f)     Placing of required monuments and lot corner markers may be waived by the village council for a period of one year from the date of council approval, provided that:
(1)     Monuments or other markers adequately witnessed shall be in place at all angles and ends of curves in the boundaries of the subdivision.
(2)     The proprietor shall deposit with the village clerk cash, a certified check or irrevocable bank letter of credit running to the village, in an amount equal to the amount established in article VIII of this chapter. Such cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed within the time specified. If the proprietor defaults, the village clerk shall engage a surveyor to install the monuments and markers on the plat and shall return any unexpended balance of the deposit to the party from whom it was received.
(g)     The village council requires all improvements and facilities be completed and approved by the village before it approves the final plat.
(h)     One complete set of as-built mylar drawings shall be provided by the proprietor to the village engineer before final acceptance of the public improvements.
(Ord. No. 222, art. VI, § 601, 8-20-2002)

Sec. 16-153.  Assessor's plats.
If it is established that conditions exist whereby an assessor's plat is necessary, such assessor's plat shall comply with sections 201--213 of the state land division act (MCL 560.201--560.213).
(Ord. No. 222, art. VI, § 602, 8-20-2002)
Secs. 16-154--16-180.  Reserved.

 

ARTICLE VI.  SUBDIVISION DESIGN STANDARDS

Sec. 16-181.  Development requirements.
The subdivision design layout standards set forth under this article are development requirements. All final plats and condominium developments must be reviewed and approved by the village council in accordance with this chapter.
(Ord. No. 222, art. VII(intro. ¶), 8-20-2002)

Sec. 16-182.  Streets.
Streets shall conform to all minimum requirements, general specifications, typical cross sections and other requirements of either the Macomb or Wayne County Road Commissions, whichever is applicable, this chapter, other related village ordinances and/or requirements of the village engineer.
(1)     Location and arrangement.

a.     The proposed subdivision shall conform to the various elements of the village's master plan and shall be considered in relation to the existing and planned regional thoroughfares, major thoroughfares and collector streets, and such part shall be platted in the location and width indicated on such plan. The proposed subdivision shall also conform to any state, county or local right-of-way plan which may be applicable to the location.
b.     The street layout shall provide for the continuation of collector streets in the adjoining subdivisions or of the proper projections of streets when adjoining property is not subdivided. Any such streets which are stubbed at the boundary of a subdivision shall be posted with a sign indicating that such stub street is a temporary dead end. The temporary cul-de-sac shall be designed in accordance with the standards of the Macomb or Wayne County Road Commission.
c.     The local street layout shall include streets laid out so as to discourage through traffic and high speed vehicular travel.
d.     Should a proposed subdivision border on or contain an existing or proposed major thoroughfare, the planning commission may require marginal access streets, reverse frontage or such other treatment regarding acceleration, deceleration and passing lanes as may be necessary for adequate protection of residential properties and to afford separation and reduction of traffic hazards.
e.     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. Wherever such half streets exist adjacent to the tract to be subdivided, a dedicated or platted and recorded half street shall be established abutting thereto.
f.     Private streets shall not be permitted in conventional subdivisions.

(2)     Right-of-way widths. Streets to be platted in the village shall have a right-of-way width of 60 feet. The pavement width for streets which connect with a neighboring municipality shall be 36 feet, with the exception of Cook Road, which shall have a pavement width of 26 feet.

(3)     Geometrics.

a.     Intersection alignment. Streets shall be laid out so as to intersect, as nearly as possible, at 90 degrees, and in no case shall streets intersect at less than 80 degrees. Curved local streets intersecting with local streets shall do so with a tangent centerline section of not less than 50 feet when measured from the intersecting right-of-way. Curved local streets intersecting with collector or major roads shall do so with a tangent centerline section of not less than 100 feet when measured from the intersecting right-of-way.
b.     Jogs. Local street jogs with centerline offsets of less than 150 feet shall be prohibited.
(Ord. No. 222, art. VII, § 700, 8-20-2002)

Sec. 16-183.  Blocks; public walkways; easements.
(a)     Blocks. Blocks within subdivisions shall conform to the standards in this subsection, except where physical conditions may justify a variation, in the opinion of the planning commission. Maximum block length shall not exceed 1,300 feet.

(b)     Public walkways.

(1)     Location of public walkways or crosswalks 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.
(2)     Right-of-way widths of public walkways, when not adjacent to or part of street rights-of-way, shall be at least 15 feet and shall be dedicated to the use of the public. Pavement of such walkways shall be at least five feet in width.
(3)     Sufficient road rights-of-way shall be provided so that sidewalks shall be installed on both sides of all streets. The requirement of five-foot sidewalks on both sides of all local streets may be waived by the village council when an acceptable and more imaginative solution to pedestrian circulation is proposed by the proprietor.
(c)     Easements.
(1)     Location of utility line easements shall be provided along the front, rear or side lot lines as necessary for utility lines. Proposed electrical, telephone and cable shall be installed underground in locations approved by the village engineer. Preservation of natural features shall be a major determinant of utility locations.
(2)     Recommendations on the proposed layout for telephone, gas and electric utility easements shall be obtained from the utility companies serving the village. It shall be the responsibility of the proprietor to submit copies of the preliminary plans to all appropriate public utility agencies.
(3)     Easements three feet in width shall be provided, where needed, alongside lot lines so as to provide for streetlight dropouts.
(4)     Where a subdivision is traversed by a watercourse, drainage channel or stream, there shall be provided a storm easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for such purpose. Such easements shall meet the approval of the village engineer and the county drain commission or county road commission if under their jurisdiction. No such county easement or watercourse, channel, stream, lake, regulated wetland, floodplain, retention/detention pond or similar undevelopable feature shall be included within any lot area calculation.
(5)     The village may require an easement for emergency vehicle access through properties adjacent to bodies of water.
(Ord. No. 222, art. VII, § 701, 8-20-2002)

Sec. 16-184.  Lots.
Lots within subdivisions shall conform to the following standards:
(1)     Sizes and shapes.

a.     The lot size, width, depth and shape in any subdivision proposed for residential uses shall be appropriate and in character with the location and the type of development contemplated.
b.     Lot areas and widths, as defined in chapter 40 of this Code, shall conform to at least the minimum requirements of chapter 40 of this Code for the district in which the subdivision is proposed. At no point in a lot shall the distance between lot lines be less than 75 percent of the required width.
c.     Building setback lines shall conform to at least the minimum requirements of chapter 40 of this Code.
d.     The depth of a lot shall not exceed three times the width of the lot, as measured at the building line. Flag lots, panhandle lots, L-shaped lots or other irregularly shaped lots shall not be permitted within subdivisions.
e.     Corner lots in subdivisions shall be platted at least 20 feet wider than the minimum width permitted by chapter 40 of this Code within the particular zoning district. In all subdivisions, the minimum lot width required shall be observed on all portions of a lot abutting a road right-of-way.
f.     Where marginal access streets are not desirable or possible to attain, lots abutting major thoroughfares may be platted with reverse frontage lots or with side lot lines parallel to the major traffic streets, at the discretion of the village, and shall be platted with a minimum of 15 feet of extra depth to permit appropriate privacy screening, as required by the village, and generous distances between the building and such trafficway.
g.     Lots intended for purposes other than residential use shall be specifically designed for such purposes and shall have adequate provisions for off-street parking, setbacks and other requirements in accordance with chapter 40 of this Code.

(2)     Arrangement.

a.     Every lot shall front or abut upon a publicly dedicated street, except in instances involving a planned development for multiple dwellings, where, in the judgment of the village, such requirement would not serve the best interests of the village.
b.     Side lot lines shall be at right angles or radial to the street lines.
c.     Lots shall have a front-to-front relationship across all streets, where possible.
d.     Where lots border upon bodies of water, the front yard shall be designated as the side fronting on the street, except as noted in chapter 40 of this Code.
e.     Subaqueous areas or areas subject to standing water or flooding, such as lakes, ponds, streams, drains, floodplains, wetlands or areas otherwise deemed by the planning commission to be uninhabitable due to similar conditions, shall not be used in the calculation for lot area.
(Ord. No. 222, art. VII, § 702, 8-20-2002)

Sec. 16-185.  Natural features.
The natural features and character of lands must be preserved, wherever possible. Due regard must be shown for all natural features, such as large trees, natural groves, watercourses and similar community assets that will add attractiveness and value to the property if preserved. The preservation of drainage and natural stream channels must be considered by the proprietor, and the dedication and provision of adequate barriers (dams, retaining walls, etc.), where appropriate, shall be required. The identification of wetlands on the final preliminary plat shall only be found acceptable when a determination has been completed by the state department of environmental quality.
(Ord. No. 222, art. VII, § 703, 8-20-2002)

Sec. 16-186.  Landscape easement.
(a)     A landscape easement shall be required to be placed next to incompatible features, such as roads, schools, churches, libraries, offices, etc., to screen the view from incompatible features and land uses, and minimize noise. A landscaping plan shall be submitted to the planning commission and reviewed based on the following standards:

(1)     A landscape easement shall be a minimum of 24 feet wide.
(2)     A landscape easement shall not be a part of a roadway right-of-way or utility easement.
(3)     A landscape easement must be identified on the plat.
(4)     The area of the plat designated as the landscape easement must contain the following statement on the plat: "The entire area is subject to a private easement dedicated to the ownership association for landscaping."
(5)     Should the landscape easement be separated by a roadway, etc., then the continuation of the landscape easement must be identified and contain the dedication as set forth in subsection (a)(4) of this section.
(6)     A complete site plan, prepared and sealed by a registered professional who is licensed by the state to prepare such plan, shall be submitted. The plan must show the finished grade of the landscape easement; the topography, including berms, drainage, relationship to the structures built on each lot, the sidewalks, catchbasins, slopes and watering systems; the location of all trees and shrubs, including the spacing and size thereof; signs; lighting; and other landscape features. A plant list with the number, size, genus and species of each tree, shrub or other plant shall also be provided on the plan. The plan must be drawn to scale and labeled to explain all features.
(7)     A three-foot high rolling landscape berm shall be required within the easement. The minimum height shall be measured from the uphill side of the berm. Such berm shall have a slope no steeper than three-foot of run for each one foot of rise. The berm shall be supplemented with evergreen and deciduous trees, plants and shrubs.
(8)     An ample variety and quantity of ornamental plants, trees and shrubs should be used in the plan. Some dominant types are usually chosen, with subordinate types interspersed for accent. Repeating certain types creates unity, but no types should be overused. Variety should be achieved with respect to seasonal changes, species selected, texture, color and size at maturity.
(9)     The plan must also indicate the planting and staking details of all plantings to be installed. Further, all plant materials used in the plan shall be of acceptable varieties and species, hardy in Macomb and Wayne Counties, conform to standards of the American Association of Nurserymen, and have passed any inspections required under state regulations. All plants must be planted in fertile soil.
(10)     The following plant materials are specifically prohibited for use in any plan considered under the provisions of this section:
a.     Box elder;
b.     Soft maple;
c.     Elm;
d.     Poplar;
e.     Willow;
f.     Nut-bearing horse chestnut;
g.     Tree of Heaven;
h.     Catalpa;
i.     Fruit-bearing trees;
j.     All thorned trees and shrubs;
k.     Gooseberry; and
l.     Cottonwood.
(11)     The acceptable size of the plant materials used in the plan must meet or exceed the following sizes:
a.     Large evergreen trees, including arborvitae, six feet to eight feet in height.
b.     Large deciduous shrubs, three feet to four feet in height.
c.     Small and large deciduous trees, two-inch to 2 1/2-inch caliper.
d.     Small deciduous shrubs, 18 inches to two feet in height.
e.     Small evergreen shrubs, 18-inch to two-foot spread.
f.     Large evergreen shrubs, two feet to three feet in height.
g.     Ground cover, two-inch peat pot.
(12)     The landscape easement area must be provided with an appropriate irrigation system that is separately metered and utilized to provide the plants with scheduled watering to maintain the landscaping in a healthy growing condition. Adequate drainage must also be provided in accordance with village engineering standards.
(13)     The landscape easement area must be sodded with pregrown grass seed and placed to enhance the tree and shrub installation.
(14)     All signs and landscape features, such as walls, light standards or fixtures, kiosks and/or other ornamental structures, such as gazebos and arches, constructed in accordance with village standards, must be shown on the plan.
(15)     The construction of any feature of the plan must respect any and all easements of the plat.
(16)     The restrictive covenants of the subdivision shall make provision for the responsibility and maintenance of the landscape easement. A homeowners' association shall be established for the subdivision to maintain the landscaping easement. If the homeowners' association shall, at any time, fail to maintain the landscape easement in accordance with the approved landscape plan, then the village is authorized to enter the landscape easement to maintain it. Cost and expenditures for such maintenance shall be at the expense of the homeowners' association.

(b)     The planning commission may approve variations in the landscape easement so as not to require berming, additional plantings, sodded areas, etc., if the petitioner provides evidence that the existing conditions are equal to or exceed the standards set forth in subsection (a) of this section.

(c)     Building permits for the construction of structures within a subdivision shall not be issued until such time as the landscape easement is completed and accepted by the village.
(Ord. No. 222, art. VII, § 704, 8-20-2002)

Sec. 16-187.  Floodplains.
Any areas of land within the proposed subdivision which lie either wholly or in part within the floodplain of a river, stream, wetland, creek or lake, or any other areas which are subject to flooding or inundation by stormwater, shall require specific compliance with the state land division act and its review by the village, county drain commission and the land and water management division of the department of environmental quality. No modifications to or improvements on such areas shall be made prior to the approval of the village, pursuant to the local floodplain management ordinance and pursuant to any other applicable village ordinances.
(Ord. No. 222, art. VII, § 705, 8-20-2002)

Sec. 16-188.  Topsoil.
Removal of topsoil from areas to be subdivided shall be prohibited, except in areas to be occupied by buildings, roads or parking areas. A plan for storage or stockpiling of topsoil shall be submitted by the proprietor with the site engineering plans and shall be approved by the village engineer. No topsoil shall be removed from the site without prior authorization, as provided by village ordinances.
(Ord. No. 222, art. VII, § 706, 8-20-2002)

Sec. 16-189.  Trees.
(a)     Existing trees near street rights-of-way shall be preserved by the proprietor.
(b)     At least one street tree shall be provided per lot, or not less than one tree for each 30 feet, and such tree shall be placed in the road right-of-way, parallel to the roadway, and shall not be directly located over any existing public utility.
(c)     The following species of trees shall be permitted as street trees:
(1)     Norway Maple.
(2)     Sugar Maple.
(3)     Red Sunset Maple.
(4)     Pin Oak.
(5)     Little Leaf Linden.
(Ord. No. 222, art. VII, § 707, 8-20-2002)
Secs. 16-190--16-220.  Reserved.

 

ARTICLE VII. SUBDIVISION IMPROVEMENTS

Sec. 16-221.  Installations required.
Owners are required to install water mains, pavements, sewers, sidewalks, an ornamental underground streetlighting system and landscaping, as set forth in this article, in the lands described in the plat submitted.
(Ord. No. 222, art. VIII(intro. ¶), 8-20-2002)

Sec. 16-222.  Sewers.
Detailed plans for installing sewers shall be submitted to the village council for approval. Such drawings shall be accompanied by the appropriate permits from the state department of environmental quality. The sewer plans shall provide for six-inch wyes and the installation of service connections from the street sewers for a distance of three feet clear of the curbs for future pavement.
(Ord. No. 222, art. VIII, § 801, 8-20-2002)
Cross references: Sewers, § 36-111 et seq.

Sec. 16-223.  Water mains.
Detailed plans for installing water mains shall be submitted to the village council for approval. Such drawings shall be accompanied by the appropriate permits from the state department of environmental quality. The water main plans shall provide for an eight-inch cast iron water main, together with the necessary hydrants, valves, gatewells and fittings to be installed as required by the council.
(Ord. No. 222, art. VIII, § 802, 8-20-2002)
Cross references: Utilities, ch. 36.

Sec. 16-224.  Paving.
All streets and highways shown on the submitted plat shall be paved with plain concrete of a width as set forth in this chapter, eight inches thick, with an integral curb. The concrete shall be 3,500 point test, and the paving work shall include all necessary excavation, grading and drainage structures in accordance with the current specifications of the Macomb County or Wayne County road commission for concrete pavement.
(Ord. No. 222, art. VIII, § 803, 8-20-2002)

Sec. 16-225.  Street signs.
Street signs bearing the names of streets and of a design approved by the village council shall be located at every street intersection.
(Ord. No. 222, art. VIII, § 804, 8-20-2002)

Sec. 16-226.  Lighting system.
An ornamental underground lighting system shall be installed in accordance with specifications established by the Detroit Edison Company.
(Ord. No. 222, art. VIII, § 805, 8-20-2002)

Sec. 16-227.  Grass.
To hold down dust and prevent excessive erosion, a thick stand of grass shall be established in the unpaved areas in the rights-of-way. Topsoil should be good quality and of sufficient depth to support continuous plant growth. Seed mixtures to be used for the unpaved areas should be selected for adaptability to local climatic conditions.
(Ord. No. 222, art. VIII, § 806, 8-20-2002)

Sec. 16-228.  Plans for utilities; inspections; fees.
Detailed plans for utilities, sewers, paving, water mains and streetlighting shall be prepared by a registered civil engineer. All such detailed plans shall be submitted to the village engineer or to a civil engineering firm to be designated by the village council for approval and certification that the plans are consistent with the overall utility plans for the village, and it is understood that the proprietor is to pay for costs incurred. Inspection of construction of the utilities will be performed by the village engineer, and it is understood that the proprietor is to pay all costs incurred for such inspections.
(Ord. No. 222, art. VIII, § 807, 8-20-2002)
Cross references: Utilities, ch. 36.
Secs. 16-229--16-260.  Reserved.

 

ARTICLE VIII.  DIVISION, PARTITIONING AND SPLITTING OF LAND EXEMPT FROM PLATTING

Sec. 16-261.  Further divisions; enactment authority.
(a)     It shall be unlawful for a proprietor to further divide any lot, tract, parcel, parent parcel or other parcel of land not resulting in a subdivision, except in accordance with the provisions of this article. Authority to enact this article is found in the state land division act (MCL 560.101 et seq.), formerly known as the subdivision control act.
(b)     Lots, outlots, tracts, parcels, parent parcels or parent tracts of land may be partitioned, divided or split in accordance with the provisions of sections 108 and 109 of the state land division act (MCL 560.108, 560.109), the provisions of this article adopted to administer and enforce the state land division act and in conformance with village ordinances, codes, provisions, standards, rules and regulations, etc., which regulate and control the division and/or development of land. No lot shall be split within a subdivision that results in the creation of a lot that is out of character with the size and shape of existing lots within such subdivision.
(Ord. No. 222, art. IX(intro. ¶), 8-20-2002)

Sec. 16-262.  Generally.
It shall be unlawful for any person to divide, partition or split any lot, outlot, tract, parcel, parent parcel or other parcel of land, except in accordance with the following provisions:
(1)     Lots, outlots, tracts, parcels, parent parcels or parent tracts of land may be partitioned, divided or split in accordance with the provisions of sections 108 and 109 of the state land division act (MCL 560.108, 560.109), the provisions of this chapter adopted to administer and enforce the state land division act and in conformance with all applicable village chapters, codes, provisions, standards, rules and regulations, etc., which regulate and control the division and/or development of land.
(2)     Unless a division creates a parcel which is acknowledged and declared to be not buildable, all divisions shall result in buildable parcels containing sufficient buildable area outside of unbuildable wetlands, floodplains and other areas where buildings are prohibited.
(Ord. No. 222, art. IX, § 901, 8-20-2002)

Sec. 16-263.  Submittal requirements.
All information and correspondence for land divisions shall be submitted to the village manager at least 30 days prior to the public hearing to be held by the planning commission, and shall include:
(1)     Submission by the proprietor of 15 copies of the application and survey. Surveys shall be certified and shall include a survey of the original parent parcel and each resultant parcel. Surveys shall show the resultant land area, parcel lines, legal descriptions, public utilities, easements, encroachments, bearings, and dimensions and structures of each resulting parcel, signed and sealed by a registered engineer or surveyor of the state.
(2)     Street names, rights-of-way and roadway widths of all existing and proposed streets within and adjacent to the proposed land divisions.
(3)     Proposed and existing storm and sanitary sewers and water mains, including location and size.
(4)     All existing structures and other physical features which would influence the layout and design of the lot division.
(5)     Location, width and purpose of all easements.
(6)     Written verification and proof of ownership by warranty deed, quitclaim deed, land contract or other legal document of conveyance which identifies the owners of both the parcel of property proposed for the division and the parent parcel of the property. Such documents shall be in a form acceptable to the Wayne County or Macomb County Register of Deeds.
(7)     Verification that any and all special assessments or delinquent taxes have been paid in full.
(8)     The history and specifications of any previous divisions of land of which the proposed division was a part. Such information shall be sufficient to establish that the parcel which is to be divided was lawfully in existence as of March 31, 1997, the effective date of the state land division act.
(9)     Such other information or documentation as the village manager may require pertaining to the proposed division.
(10)     All necessary fees, as established by the village.
(Ord. No. 222, art. IX, § 902, 8-20-2002)

Sec. 16-264.  Procedures.
(a)     Upon the filing of an application for lot division, the village manager shall transmit a copy of such application to the village engineer, village planner, village assessor and village attorney for their review and comment. The village manager shall not forward such application until all required information has been provided by the proprietor.
(b)     Upon review of the application by the village manager, the matter shall be forwarded to the planning commission, which shall hold a public hearing and review the proposed lot division for conformance with all ordinances and regulations of the village, the master plan of the village and the state land division act. The planning commission shall thereafter prepare recommendations to be submitted to the village council.
(1)     The village manager shall notify all property owners in the village within 300 feet of the proposed lot division, as found on the records of the assessor, of the public hearing to be held.
(2)     A notice of the hearing and drawing of the proposed lot shall be sent to the county drain commission and the appropriate telephone company, electric company and gas company.
(3)     All notices shall be sent at least 15 days prior to the public hearing to be held by the planning commission.
(c)     The village council shall give due consideration to the recommendations of the planning commission and any or all of its consultants. The village council shall either approve or reject the application for land division within 45 days after a complete application has been filed.
(d)     The 45-day review period will begin on the date a complete application is filed with, and accepted by, the planning commission. An application is complete if it contains all information required by this chapter and is necessary to ascertain whether the requirements of sections 108 and 109 of the state land division act (MCL 560.108, 560.109), this article and other applicable village ordinances, etc., have been met.
(e)     The village manager shall provide the applicant with a written notice as to whether the application is approved or disapproved by the village council and, if disapproved, all reasons for such disapproval. Such written notice shall include a statement which indicates that the village, any of its officers or employees, or any of its contractors shall not be liable if any or all of the resulting parcels may not be used for building or other purposes, pursuant to section 109a of Public Act No. 87 of 1997 (MCL 560.109a).
(f)     If the village council approves the lot division, it shall adopt a resolution effectuating the lot division and shall submit the resolution to the village clerk for recording.
(Ord. No. 222, art. IX, § 903, 8-20-2002)

Sec. 16-265.  Design standards.
(a)     All lots created after the passage of the ordinance from which this chapter is derived shall conform to all applicable regulations within chapter 40 of this Code, as well as with the following regulations, without requiring any variances:
(1)     Each resultant lot located within the residence district shall not exceed a depth to width ratio of three to one (i.e., a lot of 100 feet in width may not exceed a depth of 300 feet). Resultant lots within the residence lakefront district shall not exceed a depth to width ratio of four to one (i.e., a lot of 150 feet in width may not exceed a depth of 600 feet).
(2)     Each resultant lot shall have frontage on a public street for the full width of the lot as required in chapter 40 of this Code. In no case shall the width of a lot at any point be less than 75 percent of the required minimum lot width. Further, when portions of adjacent lots are combined, one to the other, such conveyances shall not result in either lot failing to satisfy all of the design standards set forth in this section. Any lot created within the residence lakeside district after the adoption of the ordinance from which this chapter is derived shall not have a width of less than 200 feet. The combination of existing lots which result in lot widths of less than 200 feet may be permitted, provided the conditions of this chapter are satisfied. Further, the minimum lot depth shall not be less than 250 feet.
(3)     The resultant parcel shall not result in any panhandle lots or lots of an unusual shape that are not in character and harmony with other lots in the immediate vicinity, and are not detrimental to the development of adjacent lands.
(4)     Each resultant lot shall have the minimum lot area required by chapter 40 of this Code.
(5)     Each resultant lot shall be of such location, size, layout, character and configuration that such lot will be in harmony with the appropriate and orderly development of the surrounding area in which it is situated.
(6)     The conformity of the resultant parcels with neighboring sites is such so as to ensure that the resulting parcels and proposed structures on such parcels will be in harmony with other lots and structures within the existing block, neighborhood and/or subdivision in such categories as setbacks, height, density, street frontage, alignment, orientation, size, shape, width, area and suitability for residential use, and will not create a circumstance where access to serve the parcels with emergency vehicles, installation of public utilities and other public services is inadequate.
(7)     The resultant parcels are such that there is not an adverse effect upon floodplain areas, wetlands, woodlands and other natural features, and the ability of the proponent to develop buildable sites on each resultant parcel without unreasonable disturbance of such natural features and development in the surrounding area.
(8)     The location of the proposed buildings or structures, and the location and nature of vehicular ingress and egress, are such that they will not hinder or discourage appropriate development and use of adjacent land and buildings or unreasonably impair the value thereof.
(9)     The location, size, intensity and site layout on the resultant parcels are such that the use will not be unreasonably detrimental to nearby dwellings by reason of noise, fumes or flash of lights other than is normal, and that the use will not interfere with the adequate supply of light and air, nor increase the danger of fire or otherwise endanger the public safety.
(10)     Access easements to the water and sewer system and other utilities shall have been provided for each resultant parcel which is otherwise a buildable site and not labeled as an unbuildable lot or outlot. Such utilities will be constructed, when needed, solely at the owner's expense.
(b)     In granting any division, the village may require the property owner to execute and record deed restrictions in favor of the village that prohibit or otherwise limit the partitioning or dividing of the subject property so that not more than one dwelling can be built upon such lot or parcel.
(c)     The splitting, dividing or adjusting of lots after the adoption of the ordinance from which this chapter is derived shall not require the granting of a variance.
(Ord. No. 222, art. IX, § 904, 8-20-2002)
Secs. 16-266--16-300.  Reserved.

 

ARTICLE IX.  REVIEW FEES

Sec. 16-301.  Payment.
Fees and related expenses for examination and inspection of plats, land proposed to be subdivided and divisions of land exempt from platting shall be paid to the village by the proprietor. Such fees shall include the village's fee; the planner's fee; and the engineer's fee. The village attorney's fee will be based upon his arrangement with the village in effect at such time. The legal fees shall be over and above the other charges listed in this article. Preliminary and final plat review fees shall be paid by the proprietor as set forth in section 16-302.
(Ord. No. 222, art. XII(intro. ¶), 8-20-2002)

Sec. 16-302.  Planning review fees.
(a)     The schedule of fees for review of plats shall be as adopted by separate resolution of the village council and may be modified by resolution of the village council, as necessary.
(b)     Such fees cover review, subdivision, preliminary plans and plats only. Village charges for review of construction plans for improvements and inspection of construction may either be covered under section 16-303 or by separate ordinance of the village.
(Ord. No. 222, art. XII, § 1200, 8-20-2002)

Sec. 16-303.  Engineering plan review fees.
Engineering plan review fees shall be charged in accordance with such fee schedule as the village council may adopt from time to time by resolution.
(Ord. No. 222, art. XII, § 1201, 8-20-2002)

Sec. 16-304.  Attorney fees.
Any services required by the village attorney will be charged on an hourly basis in accordance with the contract existing at that time between the village attorney and the village.
(Ord. No. 222, art. XII, § 1202, 8-20-2002)

 

©The Village of Grosse Pointe Shores, 2004