[HISTORY: Adopted by the Board of Trustees of the Charter Township
of East China as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-18-1980 by Ord. No. 117
as Ch. 4-01 of the 1980 Code]
The purposes of this article are:
A.
To provide for the orderly growth and harmonious development
of the community;
B.
To secure adequate traffic circulation through coordinated
street systems with relation to major thoroughfares, adjoining subdivisions,
and public facilities;
C.
To achieve individual property lots of maximum utility
and livability;
D.
To secure adequate provisions for water supply, drainage
and sanitary sewerage, and other health requirements;
E.
To secure adequate provisions for recreational areas,
school sites and other public facilities; and
F.
To provide logical procedures for the achievement of
these purposes.
B.
BLOCK
CLERK
COMMISSION
EASEMENT
FILING DATE
IMPROVEMENTS
LAND DIVISION ACT
LOT
MAJOR STREETS OR THOROUGHFARE PLAN
MASTER PLAN
PARCEL or TRACT
PLAT
(1)
(2)
PROPRIETOR
STREET
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SUBDIVISION
TOWNSHIP
TOWNSHIP BOARD
TOWNSHIP ENGINEER or ENGINEER
TOWNSHIP PLANNER or PLANNER
ZONING ORDINANCE
For the purpose of this article, certain words, terms
and phrases shall be defined as follows:
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, unsubdivided acreage, river or live stream; or between any of
the foregoing and any other barrier to the continuity of development.
The Clerk of the Charter Township of East China.
The Planning Commission of the Charter Township of East China.
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.
For the purpose of these regulations, the filing date shall be the
initial meeting date at which the plan for preliminary plat, tentative or
final, and final plat review appears on the Planning Commission or Township
Board's regular meeting agenda.
Grading, street surfacing, curb and gutter, sidewalks, crosswalks,
water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities,
and other additions to the natural state of land which increases its value,
utility, or habitability.
The Land Division Act, Michigan Public Act 288 of the Public Acts
of 1967, as amended (MCLA § 560.101 et seq.).[2]
A measured portion of a parcel or tract of land, which is described
or fixed in a recorded plat.
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 Township, including graphic
and written proposals indicating the general locations recommended for streets,
parks, schools, public buildings, zoning districts, and all physical developments
of the Township, and included any unit or part of such plan separately adopted,
and any amendments to such plan or parts thereof duly adopted by the Planning
Commission.
A continuous area or acreage of land which can be described as provided
for in the Land Division Act (MCLA § 560.101 et seq.).
[Amended 4-19-2004 by Ord. No. 285]
A map or chart of a subdivision of land.
PRELIMINARY PLAT- A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration prepared in conformance with the Land Division Act (MCLA § 560.101 et seq.).
[Amended 4-19-2004 by Ord. No. 285]
FINAL PLAT- A map of all or part of a subdivision providing substantial conformance to the preliminary plat of the subdivision prepared in conformance with the requirements of the Land Division Act (MCLA § 560.101 et seq.) and this article, and suitable for recording by the County Register of Deeds.
[Amended 4-19-2004 by Ord. No. 285]
A natural person, firm, association, partnership, corporation, or
combination of any of them which may hold any ownership interest in land,
whether recorded or not.
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley,
or other way which is an existing state, county, or municipal roadway; or
a street or way shown in a plat heretofore approved pursuant to law or approved
by official action; or a street or way on a plat duly filed and recorded in
the office of the County Register of Deeds. A street includes the land between
the street lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking areas, and lawns.
MAJOR THOROUGHFARE- An arterial street of great continuity which is intended to serve as a large volume trafficway for both the immediate Township area and region beyond, and may be designated in the Township Major Thoroughfare Plan as a major thoroughfare, parkway, expressway, or equivalent term to identify those streets comprising the basic structure of the street plan.
COLLECTOR STREET- A street intended to serve as a major means of access from minor streets to major thoroughfares which has considerable continuity within the framework of the Major Thoroughfare Plan.
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 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 properties otherwise abutting upon a street.
The partitioning or dividing of a parcel or tract of land by the
proprietor thereof or by his heirs, executors, administrators, legal representatives,
successors or assigns for the purpose of sale, or lease of more than one year,
or building development, where the act of division creates five or more parcels
of land, each of which is 10 acres or less in area; or five or more parcels
of land, each of which is 10 acres or less in area, are created by successive
divisions within a period of 10 years.
The Charter Township of East China.
The Board of Trustees of the Charter Township of East China.
The staff engineer or consulting engineer of the Township.
The staff planner or consulting planner of the Township.
The Charter Township of East China Zoning Ordinance, Chapter 480 of the Code of the Charter Township of East China.
[Amended 5-15-2006 by Ord. No. 291]
The preparation of a subdivision for platting shall be carried out through
three phases: pre-preliminary plat investigation if elected by the proprietor,
preliminary plat, and final plat, all in accordance with the procedure as
follows.
A.
Meeting with Planning Commission. Prior to the preparation
and filing of a preliminary plat, the proprietor may meet informally with
the Planning Commission in order that he may become familiar with the procedures
and standards of the Township with reference to this article and with the
proposals of the Master Plan as they affect the area in which the proposed
subdivision is located.
B.
Initial information. The proprietor should concern himself
with the following factors:
(1)
The proprietor shall secure a copy of the Zoning Ordinance,
Subdivision Regulations, engineering specifications, and other similar Ordinance
Code provisions or controls relative to the subdivision and improvement of
land so as to make himself aware of the requirements of the Township.
(2)
The area for the proposed subdivision shall be properly
zoned for the intended use.
(3)
An investigation of adequacy of existing schools and
the adequacy of public open spaces, including parks and playgrounds to serve
the proposed subdivision, shall be made by the proprietor.
(4)
The relationship of the proposed subdivision with respect
to major thoroughfares and plans for widening of thoroughfares shall be investigated
by the proprietor.
(5)
Standards for sewage disposal, water supply and drainage
of the Township shall be investigated by the proprietor.
C.
In addition to meeting with the Planning Commission, the proprietor
may request a pre-application review meeting by submitting a written request
to the chairperson of the County Plat Board and submitting copies of a concept
plan of the preliminary plat to the Township and to each officer or agency
entitled to review the preliminary plat under the Land Division Act. The meeting
will take place not later than 30 days after the written request and concept
plan are received. A representative of the Township shall attend the meeting.
This provision does not apply the site condominium option.
[Added 5-15-2006 by Ord. No. 291]
The procedure under this stage for preparation and submittal of a preliminary
plat of the land area to be subdivided shall be as follows:
A.
Preparation for tentative approval.
(1)
Subdivision identification/description. The preliminary
plat shall include:
(a)
Proposed name of subdivision.
(b)
Location by section, town and range, or by other legal
description.
(c)
Names and addresses of the proprietor, and the planner,
designer, engineer or surveyor who designed the subdivision layout. The proprietor
shall also indicate his interest in the land.
(d)
Scale of plat, one inch equals 100 feet as minimum acceptable
scale.
(e)
Date.
(f)
North point.
(2)
Existing subdivision site conditions. The preliminary
plat shall include:
(a)
Site area map. An overall area map at a scale of not
less than one inch equals 2,000 feet showing the relationship of the subdivision
to its surroundings such as section lines and/or major streets or collector
streets shall be provided.
[1]
Boundary line of proposed subdivision, section or corporation
lines within or adjacent to the tract and overall property dimensions.
[2]
Property lines of adjacent tracts of subdivided and unsubdivided
land shown in relation to the tract being proposed for subdivision including
those of areas across abutting roads.
[3]
Location, widths, and names of existing or prior platted
streets and private streets, and public easements within or adjacent to the
tract being proposed for subdivision, including those located across abutting
roads.
[4]
Location of existing sewers, water mains, storm drains
and other underground facilities within or adjacent to the tract being proposed
for subdivision.
(b)
Topography. Topography drawn as contours with an interval
of at least two feet. Topography to be based on USGS datum.
(3)
Preliminary plat drawing. The preliminary plat shall
include:
(a)
Layout of streets indicating proposed street names, right-of-way
widths, and connections with adjoining platted streets and also the widths
and location of alleys, easements and public walkways.
(b)
Layout, numbers and dimensions of lots, including building
setback lines showing dimensions.
(c)
Indication of parcels of land intended to be dedicated
or set aside for public use or for the use of property owners in the subdivision.
(d)
An indication of the ownership, and existing and proposed
use of any parcels identified as “excepted” on the preliminary
plat. If the proprietor has an interest or owns any parcel so identified as
“excepted,” the preliminary plat shall indicate how this property
could be developed in accordance with the requirements of the existing zoning
district in which it is located and with an acceptable relationship to the
layout of the proposed preliminary plat.
(e)
An indication of system proposed for sewage by a method
approved by the Township Board and the Township Engineer.
(f)
An indication of system proposed for water supply by
a method approved by the Township Board and the Township Engineer.
(g)
An indication of storm drainage proposed by a method
approved by the Township Board and the Township Engineer and, if involving
county drains, the proposed drainage shall be acceptable to the County Drain
Commissioner.
(4)
Overall plan of development. In the case where the proprietor
wishes to subdivide a given area but wishes to begin with only a portion of
the total area, the preliminary plat shall include the proposed general layout
for the entire area. The part which is proposed to be subdivided first shall
be clearly superimposed upon the overall plan in order to illustrate clearly
the method of development which the proprietor intends to follow. Each subsequent
plat shall follow the same procedure until the entire area controlled by the
proprietor is subdivided.
(5)
Open space plan requirements. If the subdivision is proposed to be developed under the subdivision open space plan, said subdivision shall meet the requirements of § 400-8 of this article.
(6)
Notification of School District. The School Board or
School Board Superintendent of the School District having jurisdiction in
the area concerned shall be informed and made aware of the proposed preliminary
plat by the proprietor. A letter or document from the School Board or School
Board Superintendent indicating awareness of the proprietor's intentions
shall be submitted to the Planning Commission as part of the preliminary plat.
B.
Filing for tentative approval.
(1)
Submittal to Township Clerk.
(a)
Copies. Ten copies of the preliminary plat of the proposed
subdivision, together with written application in triplicate, shall be submitted
to the Clerk for the Planning Commission.
(b)
Filing date. Submittal to the Clerk shall be at least
10 days prior to the regular Commission meeting (which meeting shall be considered
as the date of filing) at which the proprietor will be scheduled to appear.
(2)
Review for completeness. The Clerk shall receive and check for completeness the preliminary plat as required under Subsection A of this section.
(3)
Action delayed. Should any of the data required in this
section of this article 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.
C.
Technical review. The Clerk shall transmit a copy of
the preliminary plat to the Township Engineer and the Township Planner for
their technical review and recommendation.
D.
Planning Commission approval.
(1)
Initiatory action. If complete and basically in conformance
with applicable municipal requirements, the Clerk shall place the proposal
on the agenda of the next regular Commission meeting.
(2)
Time restriction. The Commission shall act on the preliminary
plat within 30 days after the date of filing unless the proprietor agrees
to an extension of time in writing.
(3)
Review criteria. The Commission shall review all details of the proposed subdivision within the framework of Chapter 480, Zoning, within the various elements of the Master Plan and within the standards of this article.
(4)
Recommendation alternatives. The Commission shall approve
conditionally, disapprove, or approve the preliminary plat.
(a)
Disapproval. Should the Commission disapprove 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 and the School Board or
School Superintendent of the School District having jurisdiction in the area
concerned.
(b)
Conditional approval. Should the approval be a conditional
approval and therefore tentative, the preliminary plat shall not be forwarded
to the Township Board until said conditions have been satisfied by the proprietor.
(c)
Unconditional approval. Should the Commission find that
all conditions have been satisfactorily met, it may give 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:
[1]
Return one copy to the proprietor;
[2]
Retain one copy which shall become a matter of permanent
record in the Commission files;
[3]
Forward one copy to the School Board or School Superintendent
of the School District having jurisdiction in the area concerned;
[4]
Forward the remaining four copies to the Township Board
via the Clerk's office for informational purposes.
(5)
Effective period. The approval of the Planning Commission
shall be effective for a period of 12 months. Should the final plat in whole
or in part not be submitted within this time limit, a preliminary plat must
again be submitted to the Commission for approval.
E.
Township Board initial review.
(1)
Review restriction. The Township Board will not review
a preliminary plat until it has received the review and the recommendations
of the Commission.
(2)
Initiatory action. Following the receipt of such recommendations,
the Township Board shall consider the preliminary plat at such meeting that
the matter is placed on the regularly scheduled agenda.
(3)
Time restriction. The Township Board shall take action
on the preliminary plat:
[Amended 5-15-2006 by Ord. No. 291]
(4)
Tentative approval. Should the Township Board tentatively
approve the preliminary plat, it shall record its approval on the plat and
return one copy to the proprietor.
(a)
Not final. Tentative approval shall not constitute final
approval of the preliminary plat.
(b)
Effective period. Tentative approval of the Township
Board shall be effective for a period of 12 months. Should the preliminary
plat in whole or in part not be submitted for final approval within this time
limit, the preliminary plat must again be submitted to the Commission for
approval unless an extension is applied for by the proprietor, and such request
is granted in writing by the Township Board.
F.
Filing for final approval. The proprietor shall file
a valid preliminary plat with the Clerk together with a certified list of
all authorities required for approval in MCLA §§ 560.112 to
560.119 of the Land Division Act. The proprietor shall also provide approved
copies of plats from each of the required authorities.
[Amended 4-19-2004 by Ord. No. 285]
G.
Township Board final review.
(1)
Time restriction. The Township Board shall take action
on the preliminary plat within 30 days of the filing date.
(2)
Conditions for approval. If the preliminary plat conforms
substantially to the plan tentatively approved by the Township Board and meets
all conditions laid down for tentative approval, the Township Board shall
give final approval to the preliminary plat.
(3)
Notification of proprietor. The Clerk shall promptly
notify the proprietor of approval or rejection in writing; if rejected, reasons
shall be given.
(4)
Final approval limitation. 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 applied for by the proprietor and granted by the Township
Board in writing.
(5)
Restrictions.
(a)
Installation of improvements. 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 § 400-10 of this article having been received by the Township.
(b)
Improvements requiring easements. Where improvements
which are to be owned and/or maintained by the Township, such as sewer and
water supply facilities, are to be installed prior to the recording of the
final plat, acceptable easements running to the Township must be filed with
the Clerk covering all proposed street rights-of-way and other places in which
such installations are located.
The procedure for preparation and review of a final plat shall be as
follows:
A.
Preparation.
(1)
Compliance. The final plat shall comply with the provisions
of the Land Division Act (MCLA § 560.101 et seq.).
[Amended 4-19-2004 by Ord. No. 285]
(2)
Conformance limitation. The final plat shall conform
substantially to the preliminary plat as approved and it may constitute only
that portion of the approved preliminary plat which the proprietor proposed
to record and develop at the time; provided, however, that such portion conforms
to this article.
B.
Filing.
(1)
Evidence of title. The proprietor shall submit, as evidence
of title, an abstract of title certified to date with the written opinion
of an attorney at law thereon, or, at the option of the proprietor, a policy
of title insurance for examination in order to ascertain as to whether or
not the proper parties have signed the plat.
(2)
Drawings and fees. Five true Mylar copies and three paper
prints of the final plat shall be filed by the proprietor with the Clerk and
shall deposit such sums of money as the Township Board may require herein
or by other Ordinance Code provisions.
C.
Technical review.
(1)
Compliance review. The final plat shall be reviewed by
the Township Engineer as to compliance with the approved preliminary plat
and plans for utilities and other improvements.
(2)
Recommendation. The Township Engineer shall notify the
Township Board of his recommendation for either approval or rejection of the
final plat.
D.
Township Board action. The Township Board shall review
all recommendations and take action on the final plat within 30 days of its
date of filing.
E.
Subsequent approvals. Upon the approval of the final
plat by the Township Board, the subsequent approvals shall follow the procedure
set forth in the Land Division Act (MCLA § 560.101 et seq.). The
three prints of the final plat shall be forwarded: one to the Clerk; one to
the Planning Commission; and one to the Building Department. The true copy,
as well as a copy of the minutes of the Township Board proceedings, shall
be forwarded to the Clerk of the County Plat Board.
[Amended 4-19-2004 by Ord. No. 285; 5-15-2006
by Ord. No. 291]
The subdivision design layout standards set forth under this section
are development guides for the assistance of the proprietor. All final plans
must be reviewed and approved by the Township Board.
A.
Streets. Streets shall conform to at least all minimum
requirements of the general specifications and typical cross sections as set
forth in this section and other conditions set forth by the Township Board.
(1)
Location and arrangement.
(a)
The proposed subdivision shall conform to the various
elements of the Master Plan and shall be considered in relation to the existing
and planned major thoroughfares and collector streets, and such part shall
be platted in the location and width indicated on such plan.
(b)
The street layout shall provide for continuation of collector
streets in the adjoining subdivisions or of the proper projection of streets
when adjoining property is not subdivided; or conform to a plan for a neighborhood
unit drawn up and adopted by the Commission.
(c)
The street layout shall include minor streets so laid
out that their use by through traffic shall be discouraged.
(d)
Should a proposed subdivision border on or contain an
existing or proposed major thoroughfare, the Commission may require marginal
access streets, reverse frontage, or such other treatment as may be necessary
for adequate protection of residential properties and to afford separation
and reduction of traffic hazards.
(e)
Should a proposed subdivision border on or contain a
railroad, expressway, or other limited access highway right-of-way, the Commission
may require the location of a street approximately parallel to and on each
side of such right-of-way at a distance suitable for the development of an
appropriate use of the intervening land such as for parks in residential districts.
Such distances shall be determined with due consideration of the minimum distance
required for approach grades to future grade separation.
(f)
Half streets shall be prohibited, except where absolutely
essential to the reasonable development of the subdivision in conformity with
the other requirements of these regulations, and where the Commission finds
it will be practicable to require the dedication of the other half when the
adjoining property is developed. Wherever there exists adjacent to the tract
to be subdivided a dedicated or platted and recorded half street, the other
half shall be platted.
(g)
Should a proposed subdivision border upon or contain
an existing or proposed canal, channel or drainageway, the Commission may
require the location of a bridge facility suitable to permit the unimpeded
flow of water and the passage of waterborne vehicles.
(2)
Right-of-way widths. Street right-of-way widths shall
conform to at least the following minimum requirements:
|
Street Type
|
Right-of-Way Widths
| |
|
Major thoroughfare
|
In conformance with the Major Thoroughfare Plan of the Township
| |
|
Collector streets
|
86 feet
| |
|
Industrial service streets
|
66 feet
| |
|
Multiple-family residential streets where platted
|
66 feet
| |
|
Minor (single-family residential) streets
|
66 feet
| |
|
Minor (mobile home park residential) streets
|
66 feet
| |
|
Marginal access streets
|
34 feet
| |
|
Turnaround (loop) streets
|
120 feet
| |
|
Alleys
|
20 feet
| |
|
Cul-de-sac streets; Turnarounds
|
66 feet street and 150 feet exterior diameter turnaround
|
(a)
Maximum length for residential cul-de-sac streets shall
generally be 500 feet. Maximum length for industrial and other cul-de-sac
streets may exceed 500 feet subject to the approval of the Commission.
(b)
Access to streets across all ditches shall be provided
by the proprietor in a standard method approved by the Township Board.
(3)
Grades. For adequate drainage, the minimum street grade
shall meet the applicable requirements of the St. Clair County Road Commission.
The maximum street grade shall be 6.0%.
(4)
Geometrics. Standards for maximum and minimum street
grades, vertical and horizontal street curves and sight distances shall be
established by ordinance or published rules of the Township Board and shall,
in no case, be less restrictive than the standards of the St. Clair County
Road Commission.
(5)
Intersections. Streets shall be laid out so as to intersect
as to intersect as nearly as possible to 90°. Curved streets, intersecting
with major thoroughfares and collector thoroughfares, shall do so with a tangent
section of center line 50 feet in length, measured from the right-of-way line
of the major or collector thoroughfare.
(6)
Grading and center line gradients. Per plans and profiles
approved by the St. Clair County Road Commission.
(7)
Jogs. Street jogs with center line offsets of less than
124 feet shall be avoided.
B.
Blocks. Blocks within subdivisions shall conform to the
following standards:
(2)
Public walkways.
(a)
Location. Location of public walkways or crosswalks may
be required by the Commission to obtain satisfactory pedestrian access to
public or private facilities such as, but not limited to, schools and parks.
(b)
Width. Widths of public walkways shall be at least 12
feet and shall be in the nature of an easement for this purpose.
(3)
Easements.
(a)
Location of utility line easements shall be provided
along the rear or side lot lines as necessary for utility lines. Easements
shall give access to every lot, park or public grounds. Such easements shall
be a total of not less than 12 feet wide, six feet from each parcel.
(b)
Recommendations on the proposed layout of telephone and
electric company easements should be sought from all of the utility companies
serving the area. It shall be the responsibility of the proprietor to submit
copies of preliminary plat to all appropriate public utility agencies.
(c)
Easements six feet in width, three feet from each parcel,
shall be provided where needed along side lot lines so as to provide for street
light dropouts. Prior to the approval of the final plat for a proposed subdivision,
a statement shall be obtained from the appropriate public utility indicating
that easements have been provided along specific lots. A notation shall be
made on the final plat indicating: “The side lot lines between lots
(indicating lot numbers) are subject to street light dropout rights granted
to the (name of utility company).”
C.
Lots. Lots within subdivision 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 for the location and type
of development contemplated.
(b)
Lot areas and widths and building setback lines shall conform to at least the minimum requirements of Chapter 480, Zoning, for the district in which the subdivision is proposed.
(c)
Corner lots in residential subdivisions shall be platted at least 10 feet wider than the minimum width permitted by Chapter 480, Zoning.
(d)
Excessive lot depth in relation to width shall be avoided.
A depth-to-width ratio of 3 to 1 shall be considered a maximum.
(2)
Arrangement.
(a)
Every lot shall front or abut on a street.
(b)
Side lot lines shall be at right angles or radial to
the street lines.
(c)
Residential lots abutting major thoroughfares or collector
streets, where marginal access streets are not desirable or possible to attain,
shall be platted with reverse frontage lots, or with side lot lines parallel
to the major traffic streets.
(d)
Lots shall have a front-to-front relationship across
all streets where possible.
(e)
Where lots border upon bodies of water, the front yard
may be designated as the waterfront side of such lot, provided the lot has
sufficient depth to provide adequate setback on the street side to maintain
a setback for all structures equal to the front setback on the street side
as well as on the waterfront side.
D.
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, where appropriate, shall be required.
E.
Floodplains. Any areas of land within the proposed subdivision
which lie either wholly or in part within the floodplain of a river, stream,
creek or lake, or any other areas which are subject to flooding or inundation
by stormwater, shall require specific compliance with the Land Division Act
(MCLA § 560.101 et seq.) and its review by the Water Resources Commission
of the Department of Conservation.[1]
The following requirements apply in addition to all other requirements of this article where a preliminary plat is filed for approval under § 480-13, Residential development options.
A.
Application. The application for approval of subdivision
open space plan shall contain the following in addition to the information
required by other sections of this article:
(1)
Description. A complete description of the land proposed
to be dedicated to the Township or to the common use of lot owners (herein
called “open land”) shall be provided, including the following
as a minimum:
(2)
Proposed plan of development. The proposed plan of development
of the open land shall be contained in the application and shall include the
following as a minimum:
(a)
The proposed manner in which the title to land and facilities
is to be held by the owners of land in the subdivision.
(b)
The proposed manner of collection of maintenance costs,
financing costs or assessments so that nonpayment will constitute a lien on
the property, thus avoiding Township responsibility in the future.
(c)
The proposed manner of regulating the use of the common
facilities and areas so as to eliminate possible nuisances to other property
owners and cause for enforcement by the governing unit.
(d)
The proposed method of notifying the Township when any
change is contemplated in plans that would effect the original specifications
approved by the Township.
(e)
The proposed method of setting up assessments to cover
contingencies, insurance against casualty and liability and payment of taxes
relating to these properties.
(f)
The proposed uses of open land and the proposed improvements
which are to be constructed by the proprietor.
B.
Consideration principles. Consideration by the Commission
and the Township Board of proposed optional use of subdivision open space
plan shall reflect the following basic principles:
(1)
Optional method with Board approval. Section 480-12, Residential development options, provides an optional method of subdividing property, and approval of any subdivision open space plan is subject to the discretion of the Township Board.
(2)
Affect on immediate area. Particular attention shall
be given to the affect of a subdivision open space plan upon the immediate
area, where the character of that area has been established by previous development.
(3)
Benefits to be derived by both parties. Major attention
shall be given by the Commission and the Township Board to the benefits to
be derived by the residents of the proposed subdivision and the Township because
of the subdivision open space plan with minor consideration to be given to
the proprietor.
C.
Basis for approval. The following objectives shall govern
the approval or disapproval of the proposed subdivision open space plan:
(1)
To provide a more desirable living environment by preserving
the natural character of the terrain features.
(2)
To encourage developers to use a more creative approach
in the development of residential areas.
(3)
To encourage a more efficient, aesthetic and desirable
use of the land while recognizing a reduction in development costs and by
allowing the developer to bypass natural obstacles.
(4)
To encourage the provision of open space so benefits
may accrue directly to residents of the subdivision and to further encourage
the development of recreational facilities.
D.
Commission recommendations.
(1)
Approval. If the Commission is satisfied that the proposed subdivision open space plan meets the letter and spirit of Chapter 480, Zoning, and should be approved, it shall recommend such approval to the Township Board with the conditions upon which such approval should be based. Thereafter, the Township Board shall take action upon such application in accordance with § 400-5 of this Article.
(2)
Disapproval. If the Commission is not satisfied that the proposed subdivision open space plan meets the letter and spirit of Chapter 480, Zoning, or finds that the approval of said subdivision open space plan will be detrimental to existing development in the general area and should not be approved, it shall communicate such disapproval to the Township Board with the reasons therefor. The proprietor shall be entitled to a hearing upon said proposal before the Township Board upon written request therefor filed with the Clerk.
E.
Approved contract with conditions. If the Township Board
gives approval to the proposed subdivision open space plan, it shall instruct
the Township Attorney to prepare a contract setting forth the conditions upon
which such approval is based, which contract, after approval by the Township
Board, shall be entered into between the Township and the proprietor prior
to the approval of any preliminary plat.
A.
Minimum acceptable standards. The improvements set forth
under this section are to be considered as the minimum acceptable standard.
All those improvements for which standards are not specifically set forth
shall have said standards set by ordinance or published rules of the Township
Board. All improvements must meet the approval of the Township Board.
B.
Compliance standards.
(1)
Approvals. The approvals required under the provisions
of this article shall be obtained prior to the installation of any subdivision
or project improvements within the Township, in public streets, public alleys,
public rights-of-way and public easements, and/or under the ultimate jurisdiction
of the Township.
(2)
Requirements.
(a)
Within public domain. All subdivisions or project improvements
within the Township installed in public streets, public alleys, public rights-of-way
or public easements, and/or under the ultimate jurisdiction of the Township
shall comply with all of the provisions and requirements of this article or
any other related Ordinance Code provisions.
(b)
For proprietors. Improvements shall be provided by the
proprietor in accordance with the standards and requirements established in
this section and/or any other such standards and requirements which may from
time to time be established by ordinance or published rules of the Township.
C.
Utility improvement standards.
(1)
Underground wiring. The proprietor shall make arrangements
for all lines for telephone, electric, television and other similar services
distributed by wire or cable to be placed underground entirely throughout
a subdivided area, except for major thoroughfare right-of-way; and
(a)
Private or dedicated locations. Such conduits or cables
shall be placed within private easements provided to such service companies
by the developer or within dedicated public ways.
(b)
Exception. Provided only that overhead lines may be permitted
upon written recommendation of the Engineer, Planner, Commission, and the
approval of the Township Board at the time of final plat approval where it
is determined that overhead lines will not constitute a detriment to the health,
safety, general welfare, plat design and character of the subdivision.
(c)
Planning and construction. All such facilities placed
in dedicated public ways shall be planned so as not to conflict with other
underground utilities. All such facilities shall be constructed in accordance
with standards or construction approved by the Michigan Public Service Commission.
(d)
Installations on private property. All drainage and underground
utility installations which traverse privately owned property shall be protected
by easements granted by the proprietor.
(2)
Water supply. When a proposed subdivision is located
within, adjacent to or reasonably near the service area of a public water
supply system, water mains, fire hydrants and required water system appurtenances
shall be constructed in such a manner as to adequately serve all lots shown
on the subdivision plat, both for domestic use and fire protection. In the
event of the nonexistence or nonavailability of a public water supply system,
a subdivision water supply system, if feasible, as determined by the Township
Engineer, shall be installed by the proprietor.
(3)
Sewage disposal. When a proposed subdivision is located
within, adjacent to or reasonably near the service area of an available public
sanitary sewer system, sanitary sewers and other required appurtenances thereto
shall be installed in such manner as to serve all lots. Where septic tank
systems are employed, they must meet the standards of the St. Clair County
Health Department.
(4)
Storm drainage.
(a)
System required. An adequate storm drainage system, including
necessary storm sewers, catch basins, manholes, culverts, bridges, and other
appurtenances, shall be required in all subdivisions.
(b)
Residential stormwater runoff. Adequate provision shall
be made for proper drainage of stormwater runoff from residential rear yards.
Each yard shall be self-contained and shall be drained from rear to front
except where topography or other natural features require otherwise.
(5)
Streets. All streets and appurtenances thereto shall
be constructed in accordance with details and specifications approved by the
St. Clair County Road Commission.
(6)
Street sidewalks.
(a)
Major thoroughfares. A six-foot-wide concrete sidewalk
located one foot from the property line on the side or sides of the roadway
abutting the subdivision shall be provided.
(b)
Collector streets. A six-foot concrete sidewalk located
one foot from the property line on each side of the roadway shall be provided.
(c)
Minor streets. A five-foot concrete sidewalk located
one foot from the property line on each side of the roadway shall be provided.
(d)
Marginal access streets. A five-foot concrete sidewalk
located one foot from the property line on the private property side of the
roadway shall be provided.
(e)
Waiver provision. In those instances in this subsection
where no purpose would be served by the provision of sidewalks, the Township
Board may waive this requirement.
(7)
Public walkways. The surface of the walkways shall be
developed in concrete. Planting pockets shall be provided in public walkways
for tree and shrub planting. The planting plan and surface treatment shall
meet the approval of the Commission. Fences and/or other improvements may
also be required if the Commission and/or Township Board determine they are
necessary to protect the adjacent property owners.
(8)
Trees. Each lot shall have a minimum of one tree. Existing
trees near street rights-of-way shall be preserved by the proprietor. New
planting of trees in the right-of-way between sidewalk and curb shall be in
accordance with specifications of the St. Clair County Road Commission.
[Amended 3-3-2003 by Ord. No. 278; 7-18-2005
by Ord. No. 287]
(9)
Street signs. Street name signs shall be placed at all
street intersections and shall be of a permanent weather-resistant construction
with reflectorized street names visible from two directions in accordance
with details and specifications prescribed by the Township Board.
(10)
Monuments. Monuments shall be placed at all block corners,
angle points, points of curves in streets, and at intermediate points as shall
be required by the Township Engineer. The monuments shall be of such material,
size and length as may be approved by the Township Engineer.
A.
Review. Preliminary and final plat review fees, planning
fees, engineering fees, attorney fees, inspection fees, water and sewer connection
charges and other applicable development charges shall be paid by the proprietor
as provided for by ordinance of the Township.
B.
Improvements. Prior to the undertaking of any improvements, (see § 400-9 above), the proprietor shall deposit with the Clerk cash, a certified check or irrevocable bank letter of credit running to the Township, whichever the proprietor selects, to insure the faithful completion of all improvements within the time specified. The amount of the deposit shall be set by the Township Board based on an estimate by the Engineer.
(1)
Release of funds. The Township Board shall release funds
for the payment of work as it is completed and approved by the Township.
(2)
Maintenance bond. Prior to the acceptance by the Township
of improvements, a two-year maintenance bond in an amount set by the Township
Board shall be posted by the proprietor.
The provisions of these regulations shall be held to be the minimum
requirements adopted for the promotion and preservation of public health,
safety and general welfare of the Township. These regulations are not intended
to repeal, abrogate, annul or in any manner interfere with existing regulations
or laws of the Township, nor conflict with any statutes of the State of Michigan
or St. Clair County, except that these regulations shall prevail in cases
where these regulations impose a greater restriction than is provided by existing
statutes, laws or regulations.
A.
Authority established. The Township Board may authorize
a variance from these regulations when, in its opinion, undue hardship may
result from strict compliance.
B.
Conditions to be prescribed. In granting any variance,
the Township Board shall prescribe only conditions that it deems necessary
to or desirable for the public interest.
C.
Considerations. In making its findings, as required herein
below, the Township Board 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.
D.
Findings. No variance shall be granted unless the Township
Board finds:
(1)
That there are special circumstances or conditions affecting
said property such that the strict application of the provisions of this article
would deprive the applicant of the reasonable use of his land;
(2)
That the variance is necessary for the preservation and
enjoyment of a substantial property right of the petitioner;
(3)
That the granting of the variance will not be detrimental
to the public welfare or injurious to other property in the territory in which
said property is situated.
A.
Authority established. The Township Board may authorize a variance from these regulations in case of a plan for a complete community or neighborhood where such development is permitted by Chapter 480, Zoning, and which, in the judgment of the Township Board, and after a recommendation is had from the Commission, provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs.
B.
Application. Application for any such variance shall
be submitted in writing by the proprietor at the time the preliminary plat
is filed, stating fully and clearly all facts relied upon by the proprietor
and shall be supplemented with maps, plans, or other additional data which
may aid in the analysis of the proposed project. The plans for such development
shall include such covenants, restrictions or other legal provisions necessary
to guarantee the full achievement of the plan.
C.
Considerations. In making its findings, as required hereinbelow,
the Township Board shall take into account the nature of the proposed use
of 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 development upon traffic conditions in the vicinity.
D.
Findings. The Township Board shall find:
(1)
That there is adequate acreage and population in the
proposed plan so as to support at least one elementary school;
(3)
That the Planning Commission has reviewed the plan and
recommends its approval as having met the standards and intent of the Master
Plan of Land Use as it relates to facility needs;
(4)
That, in granting the variance, it shall be valid only
as long as the plan for the complete neighborhood is carried out as approved.
Any departure from the plan shall immediately rescind any variance granted;
(5)
That the Township Board shall establish a time schedule
to be met on the various aspects of the complete neighborhood plan.
[Adopted 3-16-1998 by Ord. No. 255
(Ch. 4-05 of the 1980 Code)]
This article shall be known and cited as the “Charter Township
of East China Land Division Ordinance.”
The purpose of this article is to carry out the provisions of the State
Land Division Act (1967 PA 288, as amended, formerly known as the “Subdivision
Control Act”),[1] to prevent the creation of parcels of property which do not comply
with applicable ordinances and said Act, to minimize potential boundary disputes,
to maintain orderly development of the community, and otherwise provide for
the health, safety and welfare of the residents and property owners of the
Township by establishing reasonable standards for prior review and approval
of land divisions within the municipality.
[1]
Editor's Note: See MCLA § 560.101 et seq.
For purposes of this article, certain terms and words used herein shall
have the following meanings:
A natural person, firm, association, partnership, corporation, or
combination of any of them that holds an ownership interest in land whether
recorded or not.
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 State Land Division Act.[1]
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; provided all resulting parcels
are accessible for vehicular travel and utilities from existing public roads
through existing adequate roads or easements, or through areas owned by the
owner of the parcel that can provide such access.
Either 40 acres, a quarter-quarter section containing not less than
30 acres, or a government lot containing not less than 30 acres.
A measurement taken from within the boundaries of each created parcel
beginning at the property line abutting the future road right-of-way and ending
at the most remote boundary line point of the parcel from the point of commencement
of the measurement.
[1]
Editor's Note: See MCLA § 560.108 and 560.109.
A.
The Lot Split Board for the Charter Township of East
China is hereby created.
B.
The Lot Split Board shall consist of the Township Clerk,
Assessor and one member of the Township Board of Trustees. The Township Board
member shall be determined by resolution of the Board of Trustees. The duties
and responsibilities are further set forth in this article.
C.
Members of the Board shall be paid on a per-meeting basis
as determined by resolution of the Township Board of Trustees.
Land in the Township shall not be divided without the prior review and
approval of the Township Lot Split Board, in accordance with this article
and the State Land Division Act[1]; provided that a parcel proposed for subdivision through a recorded
plat pursuant to the Township Subdivision Regulations[2] and the State Land Division Act shall be exempt from this requirement.
An applicant shall file all of the following with the Township Assessor
before making any division either by deed, land contract, lease for more than
one year, or for building development:
A.
A completed application on such form as may be provided
by the Township.
B.
A copy of a warranty deed, showing the applicant as the
owner of the property, must be provided with a final plan. If applicant has
a quit claim deed to the property, a title insurance policy must be included
with the application. If the property is the subject of a land contract, a
title insurance policy must be included with the application, and the signature
of the person holding the land contract must be provided with a final plan.
If ownership interest was obtained after March 31, 1997, the conveyance must
specify land division rights.
C.
The applicant may, at his discretion, submit information
in two stages. A two-stage process would require the submittal of a plot plan
for tentative approval. The plot plan would include only the information necessary
for the Township to make a preliminary determination as to whether or not
a proposed land division may be acceptable. A plot plan need not be prepared
by a licensed surveyor.
(1)
Plot plan for tentative approval. The applicant shall
submit a plot plan to include, at a minimum, the following information:
(a)
The subject property, including approximate dimensions
of all property lines.
(b)
The location of all existing structures with dimensions
to all property lines.
(c)
Proposed means of access.
(d)
An accurate legal description of each resulting parcel.
(e)
The approximate location of any on-site wetlands or water
bodies.
(f)
A signed statement which reads as follows: “This
plan is for the purpose of gaining a preliminary determination and shall not
constitute the submittal of a final plan. As such, the Township is not required
to grant final approval on this proposal within 45 days of submittal.”
(2)
Final plan. The applicant shall submit a plan drawn to
scale by a licensed surveyor and meeting all requirements of the Certified
Survey Act, Act 132 of PA 1970, MCLA § 54.211, as amended. Such
plans shall include at least the following:
(a)
The subject property, including dimensions of all property
lines.
(b)
The location of all existing structures with dimensions
to all property lines.
(c)
Existing and proposed utilities.
(d)
The area of existing and proposed parcels.
(e)
An accurate legal description of each resulting parcel.
(f)
Specific information identifying which parcels, if any,
will retain the rights for future splits.
(g)
The location of any on-site wetlands or water bodies.
(h)
There shall also be presented, for approval, a written
instrument fully executed in a form legally sufficient for recording with
the St. Clair County Register of Deeds. Such instrument shall contain a legal
description of all of the lots, outlots and/or parts that will result from
the partition or division of the parcel(s) described therein.
D.
Additional data. The Township Assessing Department or
the Lot Split Board may also require the applicant to furnish such additional
data as will enable the Township to make a determination.
E.
The history and specifications of any previous divisions
of land of which the proposed division was a part sufficient to establish
the parcel to be divided was lawfully in existence as of March 31, 1997, the
effective date of the State Land Division Act.[1]
[1]
Editor's Note: See MCLA § 560.101 et seq.
F.
Proof that all due and payable taxes or installments
of special assessments pertaining to the land proposed to be divided are paid
in full. Any due or unpaid taxes or special assessments upon the property
shall be paid before the division, partitioning, or combination is given final
approval.
G.
If transfer of division rights are proposed in the land
transfer, detailed information about the terms and availability of the proposed
division rights transfer must be provided.
H.
Unless a division creates a parcel which is acknowledged and declared to be “not buildable” under § 400-22 of this article, all divisions shall result in “buildable” parcels containing sufficient “buildable” area outside of unbuildable wetlands, floodplains and other areas where buildings are prohibited therefrom, and with sufficient area to comply with all required setback provisions, minimum floor area, off-street parking spaces, on-site sewage disposal and water well locations (where public water and sewer service is not available), and maximum allowed area coverage of buildings and structures on the site.
A.
Upon receipt of a land division application, the Assessor
shall forthwith submit the same to the various Township departments and consultants,
as needed, for review and to the Lot Split Board for decision. In arriving
at a decision, the Lot Split Board will consider the written review of the
Township departments and consultants, among other factors. The Lot Split Board
shall review and act upon each request for final approval of a plan for division
of land submitted in accordance with the provisions of this article within
45 days of receipt of the application. It may:
(1)
Grant tentative approval with final approval conditioned
upon the petitioner fulfilling certain requirements.
(2)
Grant final approval if the request meets all requirements
of this article.
(3)
Deny the request with reasons.
(4)
If the application does not conform to this article's
requirements and the State Land Division Act,[1] the Lot Split Board shall return the same to the applicant for
completion and refiling in accordance with this article and the State Land
Division Act.
[1]
Editor's Note: See MCLA § 560.101 et seq.
B.
Appeal. If a petitioner's request is denied, the
petitioner may appeal that decision to the Township Board of Trustees within
21 days after the denial by the Lot Split Board. The Township Board's
decision shall be final.
C.
Time limit. Where an applicant chooses a two-stage process,
if the final plan for land division is not submitted within six months of
the date that tentative approval is given, the application shall be deemed
to be null and void. A decision approving a land division is effective for
90 days, after which it shall be considered revoked unless within such period
a document is recorded with the County Register of Deeds office and filed
with the Township Clerk or other designated official accomplishing the approved
land division or transfer.
D.
The Lot Split Board shall maintain an official record
of all approved and accomplished land divisions or transfers.
A proposed land division shall be approved if the following criteria
are met:
A.
All the parcels to be created by the proposed land division(s) fully comply with the applicable requirements of Chapter 480, Zoning, including, but not limited to, minimum lot width, minimum lot area, maximum lot coverage and minimum setbacks for existing buildings/structures.
D.
All parcels created and remaining have existing adequate
accessibility, or an area available therefor, to a public road for public
utilities and emergency and other vehicles not less than the requirements
of the applicable zoning ordinance, major thoroughfare plan, road ordinance
or this article. In determining adequacy of accessibility, any ordinance standards
applicable to plats shall also apply as a minimum standard whenever a parcel
or tract is proposed to be divided to create four or more parcels.
E.
Future road right-of-way.
(1)
Right-of-way shall be dedicated as necessary to provide
for public roads as depicted on the Township Thoroughfare Plan adopted as
a component of the Township Master Plan for Future Land Use or as required
by Michigan Department of Transportation (MDOT) or the St. Clair County Road
Commission, whichever is more stringent.
(2)
Land within existing or proposed right-of-way shall not
be included in the calculation of lot area.
(3)
Setbacks shall be measured from existing or proposed
future right-of-way lines, whichever is greater.
F.
Accessibility is to be provided by a dedicated public
road. Where a new public road is required, proof that the St. Clair County
Road Commission or Michigan Department of Transportation has approved the
proposed layout and construction design of the road and of utility easements
and drainage facilities connected therewith.
G.
Satisfactory evidence of the suitability of each proposed
land division for on-site sewage disposal and a potable on-site water supply
is provided from the County Health Department or State Department of Environmental
Quality, unless public water and sewer service is available to the site.
Notwithstanding disqualification from approval pursuant to this article,
a proposed land division which does not fully comply with the applicable lot,
yard, accessibility and area requirements of the applicable zoning ordinance
or this article may be approved in any of the following circumstances:
A.
Where the applicant executes and records an affidavit
or deed restriction with the County Register of Deeds in a form acceptable
to the Township designating the parcel as “not buildable.” Any
such parcel shall also be designated as “not buildable” in the
Township records, and shall not thereafter be the subject of a request to
the Zoning Board of Appeals for variance relief from the applicable lot and/or
area requirements, and shall not be developed with any building or above-ground
structure exceeding four feet in height and shall not be used for human habitation.
B.
Where, in circumstances not covered by Subsection A above, the Zoning Board of Appeals has, previous to this article, granted a variance from the lot, yard, depth-to-width ratio, frontage and/or area requirements with which the parcel failed to comply.
C.
Where the proposed land division involves only the minor
adjustment of a common boundary line or involves a conveyance between adjoining
properties which does not result in either parcel violating this article,
any applicable Township ordinance, or the State Land Division Act.[1]
[1]
Editor's Note: See MCLA § 560.101 et seq.
Any parcel created in noncompliance with this article shall not be eligible
for any building permits, or zoning approvals, such as special land use approval
or site plan approval, and shall not be recognized as a separate parcel on
the assessment roll.
