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.