The preparation of a subdivision for platting
shall be carried out in two phases: preliminary plat and final plat,
all in accordance with the procedure set forth in this article.
Prior to the preparation of a preliminary plat,
it is suggested that the proprietor meet informally with the municipal
departments concerned to investigate the procedures and standards
of the City with reference to these subdivision regulations and the
Master Plan as they affect the area in which the proposed subdivision
is located. The proprietor should not submit a preliminary plat at
this time. The proprietor should concern himself or herself with the
following factors:
A.
The proprietor shall secure copies of the Zoning Code,[1] these subdivision regulations, engineering specifications
and other similar ordinances or controls relative to the subdivision
and improvement of land so as to make himself or herself aware of
the requirements of the City.
B.
The area for the proposed subdivision shall be properly
zoned for the intended use.
C.
An investigation of the 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.
D.
The relationship of the proposed subdivision, with
respect to major thoroughfares and plans for the widening of thoroughfares,
shall be investigated by the proprietor.
E.
Standards for sewage disposal, water supply and drainage
shall be investigated by the proprietor.
[Amended 4-3-2002 by Ord. No. 404]
The application procedure for preparation and
submittal of a preliminary plat land to be subdivided shall be as
follows:
A.
Filing.
(1)
Ten copies of the preliminary plat of the proposed
subdivision, together with a written application or such form as may
be provided by the City, in triplicate, shall be submitted to the
City Clerk.
(2)
Submittal with the City Clerk shall be at least 21
days prior to the regular Commission meeting (which shall be considered
as the date of filing) at which the proprietor will be scheduled to
appear. If any of the data required in this section is omitted, the
City Clerk shall notify the proprietor of the additional data required,
and Commission action shall be delayed until the required data are
received. The Commission shall act on the preliminary plat within
60 days after the date of filing unless the proprietor agrees, in
writing, to an extension of time.
B.
Identification and description. The preliminary plat
shall include:
(1)
The proposed name of subdivision;
(2)
The location by section, town and range or by other
legal description;
(3)
The planner, designer, engineer or surveyor who designed
the subdivision layout; the proprietor shall also indicate his or
her interest in the land;
(4)
The scale of plat, with one inch equals 100 feet being
the minimum acceptable scale;
(5)
The date; and
(6)
The North point.
C.
Existing conditions.
(1)
The preliminary plat shall include:
(a)
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;
(b)
Boundary lines of the proposed subdivision,
section or corporation lines within or adjacent to the tract, and
overall property dimensions;
(c)
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;
(d)
Locations, 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;
(e)
Locations of existing sewers, water mains, storm
drains and other underground facilities within or adjacent to the
tract being proposed for subdivision; and
(f)
Topography drawn as contours with an interval
of at least two feet, which topography shall be based on USGS datum.
(2)
The School Board or the 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.
D.
Proposed conditions.
(1)
The preliminary plat shall include:
(a)
The layout of streets, indicating proposed street
names, right-of-way widths and connection with adjoining platted streets,
and also the widths and locations of alleys, easements and public
walkways;
(b)
Layouts, numbers and dimensions of lots, including
building setback lines showing dimensions;
(c)
An 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, the proposed deed restrictions for said
parcels and any homeowners' association articles, bylaws and/or perpetual
maintenance agreements controlling the use and maintenance of said
parcels;
(d)
An indication of the ownership and the 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 zoning
district in which it is located and with an acceptable relationship
to the layout of the proposed preliminary plat;
(e)
An indication of the system proposed for sewage
disposal by a method approved by Council and the City Engineer;
(f)
An indication of the system proposed for water
supply by a method approved by Council and the City Engineer; and
(g)
An indication of the system proposed for storm
drainage by a method approved by Council and the City Engineer. If
the system involves county drains, the proposed drainage shall be
acceptable to the county.
(2)
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.
E.
Review by Planning Commission.
(1)
The City Clerk shall receive and check for completeness
the preliminary plat as required under Subsection E(4)(a) to (d) hereof.
If such plat is complete and basically in conformity with applicable
municipal requirements, the City Clerk shall place the proposal on
the agenda of the next regular Planning Commission meeting.
(2)
The City Clerk shall transmit a copy of the preliminary
plat to the City Engineer and the City Planner for their technical
review and recommendation.
(3)
The Commission shall review all details of the proposed
subdivision within the framework of the Zoning Code, within the various
elements of the Master Plan and within the standards of these subdivision
regulations.
(4)
The Commission shall approve, approve conditionally
or disapprove the preliminary plat, as follows:
(a)
If the approval is a conditional approval, such
conditions shall be met to the satisfaction of the Planning Commission
within the time set by the Planning Commission or the plan shall be
rejected. The preliminary plat shall not be forwarded to Council until
the conditions have been satisfied by the proprietor.
(b)
If the Commission disapproves or rejects the
preliminary plat, it shall record its reasons for rejection, showing
the failure(s) to meet the requirements of tentative approval in the
minutes of the regular meeting. A copy of the minutes shall be sent
to the proprietor and filed with the City Clerk.
(c)
If the Commission finds that all conditions
have been satisfactorily met, and the preliminary plan conforms to
state law and this chapter, it shall give tentative approval to the
preliminary plat and distribute copies of the 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 the
School Superintendent of the school district having jurisdiction in
the area concerned; and
[4]
Forward the remaining copies to Council via
the City Clerk's office with recommendations for approval.
(d)
If the Commission finds that the conditions
have not been satisfactorily met and the preliminary plat does not
conform to state law and this chapter, it may deny the preliminary
plat and take no further action.
F.
Review by Council.
(1)
Council will not review a preliminary plat until it
has received the recommendations of the Commission following the review
thereof by the Commission or, within 10 days of a denial of the preliminary
plat by the Commission, the proprietor has filed an appeal with the
City Clerk requesting the rejected preliminary plat be reviewed by
City Council. Following the receipt of such recommendations, Council
will consider the preliminary plat at a meeting at which the matter
is placed on the regularly scheduled agenda. Council shall take action
on the preliminary plat within 90 days of the date of the original
filing thereof, as defined in Subsection A hereof.
(2)
If the Council tentatively approves the preliminary
plat, it shall be deemed to confer upon the proprietor the right granted
by the state, the law and this chapter.
(3)
The tentative approval of Council shall be effective
for 12 months. If the final plat, in whole or in part, is not submitted
within this time limit, a preliminary plat must again be submitted
to the Commission for approval.
(4)
No installation or construction of any improvements
shall be made after expiration of the 12 months.
A.
The proprietor shall file a valid preliminary plat
with the City Clerk, together with a certified list of all authorities
whose approval is required by Sections 112 to 119 of the Land Division
Act (Act No. 288 of the Public Acts of 1967, as amended) The proprietor
shall also provide approved copies of plats from each of the required
authorities.
B.
Council shall take action on the preliminary plat
within 20 days of the submission of all necessary approved plans.
C.
If the preliminary plat conforms substantially the
preliminary plat tentatively approved by Council and meets all conditions
laid down for tentative approval, Council shall give final approval
to the preliminary plat.
D.
The City Clerk shall promptly notify the proprietor
of approval or rejection, in writing. If such plat is rejected, reasons
therefor shall be given.
E.
Final approval shall be effective for two years from
the date of final approval. The two-year period may be extended if
an extension is applied for by the proprietor and granted by Council,
in writing.
The procedure for preparation and review of
a final plat shall be as follows:
A.
Preparation.
(1)
The final plat shall comply with the Land Division
Act, as amended.
(2)
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 that such portion conforms
to the rules and regulations set forth in this chapter.
(3)
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 whether
or not the proper parties have signed the plat.
B.
Review.
(1)
Five Mylar or tracing cloth copies and three paper
prints of the final plat shall be filed by the proprietor with the
City Clerk. The proprietor shall deposit such sums of money as Council
may require in these subdivision regulations or by any other provision
of the Code of the City of Rockwood.
(2)
The final plat shall be reviewed by the City Engineer
as to compliance with the approved preliminary plat and plans for
utilities and other improvements.
(3)
Council shall review all recommendations and take
action on the final plat within 20 days of its date of filing.
(4)
Upon the approval of the final plat by Council, the
subsequent approvals shall follow the procedure set forth in the Subdivision
Control Act. The three prints of the final plat shall be forwarded
as follows: one to the City Clerk, one to the Planning Commission
and one to the Building Department. The five copies shall be forwarded
to the Clerk of the County Plat Board.
C.
No plat or master deed may be recorded with the register
of deeds until it has received final plan approval by City Council
and all conditions imposed by Council have been satisfied.
