This chapter shall be known and may be designated
as the "City of Rockwood Subdivision Regulations Ordinance" or "Land
Division Ordinance."
The purposes of these subdivision regulations
are to carry out the provisions of the State Land Division Act (1967
P.A. 288, as amended)[1] to:
A.
Provide for the orderly growth and harmonious development
of the community;
B.
Prevent the creation of parcels of property which
do not comply with applicable ordinance and said Act;
C.
Secure adequate traffic circulation through coordinated
street systems, relative to major thoroughfares, adjoining subdivisions
and public facilities;
D.
Achieve individual property lots of maximum utility
and livability;
E.
Secure adequate provisions for water supply, drainage,
sanitary sewerage and other health requirements;
F.
Secure adequate provisions for recreational areas,
school sites and other public facilities; and
G.
Provide for the health, safety and welfare of residents
and property owners of the City by establishing reasonable standards
for the prior review and approval of land divisions within the City.
[1]
Editor's Note: See MCL 560.101 et seq.
These subdivision regulations shall be held
to be the minimum requirements adopted for the promotion and preservation
of the public health, safety and general welfare of the City. These
subdivision regulations are not intended to repeal, abrogate, annul
or in any manner interfere with existing regulations or laws of the
a city, nor conflict with any statutes of the state or the county,
except that these subdivision regulations shall prevail in cases where
these subdivision regulations impose a greater restriction than is
provided by existing statutes, laws or regulations.
A.
The definitions contained in Act No. 288 of the Public
Acts of 1967, as amended (MCL 560.101 et seq., as amended, the Land
Division Act, formerly known as the "Subdivision Control Act") shall
control in these subdivision regulations, unless otherwise provided
herein.
B.
ACCESSIBLE
(1)
(2)
APPLICANT
BLOCK
CAPTION
COMMISSION
COMMON ELEMENT
CLERK
CONDOMINIUM ACT
CONDOMINIUM SUBDIVISION PLAN
CONDOMINIUM UNIT
CO-OWNER
COUNTY PLAT BOARD
DEVELOPMENT SITE
(1)
(2)
DIVISION
EASEMENT
ENGINEER
EXEMPT SPLIT or EXEMPT DIVISION
FLOODPLAIN
GENERAL COMMON ELEMENTS
GOVERNING BODY
HEALTH DEPARTMENT
IMPROVEMENTS
LAND DIVISION ACT
LIMITED COMMON ELEMENT
LOT
MAJOR STREET OR THOROUGHFARE PLAN
MASTER PLAN
MUNICIPAL ENGINEER, CITY ENGINEER or ENGINEER
MUNICIPAL PLANNER or PLANNER
OUTLOT
PARCEL or TRACT
PARENT PARCEL or PARENT TRACT
PLAN or PLAT
(1)
(2)
PLANNER
PROPRIETOR
PUBLIC SEWER
PUBLIC UTILITY
PUBLIC WATER
REPLAT
STREET
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
SUBDIVIDE or SUBDIVISION
SURVEYOR
TOPOGRAPHICAL MAP
TRACT
As used in these subdivision regulations, the following
terms shall have the meanings indicated:
In reference to a parcel, means that the parcel meets one
or both of the following requirements:
Has an area where a driveway provides vehicular
access to an existing road or street and meets all applicable location
standards of the State Transportation Department or County Road Commission
under Act No. 200 of the Public Acts of 1969, being §§ 247.321
to 247.329 of the Michigan Compiled Laws, and of the City, or has
an area where a driveway can provide vehicular access to an existing
road or street and meet all such applicable location standards.
Is served by an existing easement that provides
vehicular access to an existing road or street and that meets all
applicable location standards of the State Transportation Department
or County Road Commission under Act No. 200 of the Public Acts of
1969 and of the City, or can be served by a proposed easement that
will provide vehicular access to an existing road or street and that
will meet all such applicable location standards.
A natural person, firm, association, partnership, corporation,
or combination of any of them that holds an ownership interest in
land whether resolved or not.
Property abutting one side of a street and lying between
the two nearest intersecting streets, or between the nearest such
street and a railroad right-of-way, unsubdivided acreage, river or
live stream, or between any of the foregoing and any other barrier
to the continuity of development.
The name by which the plat is legally and commonly known.
The Planning Commission of the City.
The portion of the condominium project other than the condominium
unit.
The City Clerk.
Act No. 59 of the Public Acts of 1978 (MCL 559.166).
The drawings and information pursuant to Section 66 of the
Condominium Act.
That portion of the condominium project designed and intended
for separate ownership and use as described in the master deed.
A person, firm, etc., who owns a condominium unit. "Co-owner"
may include a land contract vendee if the condominium documents or
land contract so provide.
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
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 so ordering. A copy
of the recorded resolution shall be sent to the State Treasurer.
Any parcel or lot on which exists or which is intended for
building development other than the following:
Agricultural use involving the production of
plants and animals useful to humans, including forages and sod crops;
grains, feed crops, and field crops; dairy and dairy products; poultry
and poultry products; livestock, including breeding and grazing of
cattle, swine, and similar animals; berries; herbs; flowers; seeds;
grasses; nursery stock; fruits; vegetables; Christmas trees; and other
similar uses and activities.
Forestry use involving the planting, management,
or harvesting of timber.
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 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 the Land Division
Act or the requirements of this chapter.
A grant by the owner of land of the use of a strip of such
land by the public, a corporation, or any other person, for specific
uses and purposes, to be designated as a "public" or "private" easement
depending on the nature of the use.
The City Engineer or consulting engineer for the City.
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 the Land Division Act or the requirements of
this chapter.
That 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.[1]
The common elements other than the limited common elements.
the City Council of the City of Rockwood.
The Department of Environmental Quality, a city health department,
a county health department, or a district health department, whichever
has jurisdiction.
Grading, street surfacing, curbs and gutters, sidewalks,
crosswalks, water mains and lines, sanitary sewers, storm sewers,
culverts, bridges, utilities and other additions to the natural state
of land, which additions increase its value, utility or habitability.
The Land Division Act, Act No. 288 of the Public Acts of
1967, as amended (MCL 560.101 et seq., as amended), formerly known
as the Subdivision Control Act.
A portion of the common elements reserved in the master deed
for the exclusive use of less than all of the co-owners.
A measured portion of a parcel or tract of land and which
is described or fixed in a recorded plat or master deed.
The part of the Master Plan which sets forth the location,
alignment and dimensions of existing and proposed streets and thoroughfares.
The comprehensive land use plan for the City, including graphic
and written proposals, indicating the general locations recommended
for streets, parks, schools, public buildings, zoning districts and
physical development of the City, and includes any unit or part of
such plan separately adopted and any amendment to such plan or part
thereof duly adopted by the Planning Commission.
The staff engineer or consulting engineer of the City.
The staff planner or consulting planner of the City.
When included within the boundary of a recorded plat, a lot
set aside for purposes other than a development site, park, or other
land dedicated to public use or reserved to private use.
A continuous area or acreage of land which can be described
as provided for in the Land Division Act.
A parcel or tract, respectively, lawfully in existence on
the effective date of the amendatory act that added this definition.
A map or chart of a subdivision of land prepared in conformance
with either the Land Division Act or the Condominium Act.
PRELIMINARY PLAT — A map showing
the salient features of a proposed subdivision or condominium subdivision
to an approving authority for the purpose of preliminary consideration.
FINAL PLAT — A map of a subdivision
or condominium subdivision providing substantial conformance to the
preliminary plan prepared in conformance with state law and this chapter
and suitable for recording by the County Register of Deeds.
The City Planner or consulting planner for the City.
A natural person, firm, association, partnership or corporation,
or a combination thereof, who or which may hold any ownership interest
in land, whether recorded or not.
A sewerage system as defined in Section 4101 of Part 41 (sewerage
systems) of the Natural Resources and Environmental Protection Act,
Act No. 451 of the Public Acts of 1994, being § 324.4101
of the Michigan Compiled Laws.
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.
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.
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.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway; a street or way shown in a plat heretofore approved pursuant
to law or approved by official action; or a street or way on a plat
duly filed and recorded in the office of the County Register of Deeds.
"Street" includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking areas and lawns. Specifically:
MAJOR THOROUGHFARE — An arterial
street of great continuity which is intended to serve as a large-volume
trafficway for both the immediate municipal area and the region beyond,
and may be designated in the City's major street or thoroughfare plan
as a major thoroughfare, parkway or expressway, or an equivalent term,
to identify those streets comprising the basic structure of the plan.
SECONDARY THOROUGHFARE — A thoroughfare
designated to carry intercity traffic and designated in the City's
street plan as a secondary thoroughfare.
COLLECTOR STREET — A street
intended to serve as a major means of access from minor streets to
major thoroughfares, which street has considerable continuity with
the framework of a major thoroughfare.
MINOR STREET — A street of limited
continuity used primarily for access to abutting residential properties.
MARGINAL ACCESS STREET — A minor
street paralleling and adjacent to a major thoroughfare, which street
provides access to abutting properties and protection from through
traffic.
BOULEVARD STREET — A street
developed to two two-lane, one-way pavements separated by a median.
TURNAROUND — A short boulevard
street permanently terminated by a vehicular turnaround.
CUL-DE-SAC STREET — A short
minor street having one end permanently terminated by a vehicular
turnaround.
ALLEY — A minor service street
used primarily to provide secondary vehicular access to the rear or
side of a lot, block or parcel of land.
The partitioning or dividing 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 purposes of
sale, 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 exempted from the platting requirements of the Land Subdivision
Act. "Subdivide" or "subdivision" does not include a property transfer
between two or more adjacent parcels, if the property taken from the
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 the Land Division Act or the requirements of these
subdivision regulations.
A professional surveyor licensed under Article 20 of the
Occupational Code, Act No. 299 of the Public Acts of 1980, being §§ 339.2001
to 339.2014 of the Michigan Compiled Laws.
A map showing existing physical characteristics, with contour
lines at sufficient intervals to permit determination of proposed
grades and drainage.
Two or more parcels that share a common property line and
are under the same ownership.
