A.
The purposes of this article are to:
(1)
Provide guidelines for the subdivider concerning development
policies of the City;
(2)
Acquaint the subdivider with the platting procedures
and requirements of the Council, the Planning Commission and any other
agency; and
(3)
Provide the Planning Commission and other affected
agencies with general information concerning the proposed development.
B.
Acceptance of the sketch plan does not assure acceptance
of the preliminary plat.
A.
The sketch plan shall show the subdivision's entire
development scheme in schematic form, including the area for immediate
development, and shall include the following:
(1)
The general layout of streets, blocks and lots in
sketch form;
(2)
Existing conditions and characteristics of the land
on and adjacent to the site;
(3)
Any general area set aside for schools, parks and
other community facilities; and
(4)
A letter from the surveyor concerning the general
feasibility of the land for subdividing, which shall accompany the
preliminary plat plan.
B.
The Council and the Planning Commission shall require
such proof of ownership of the land proposed to be subdivided as they
deem necessary.
C.
The Planning Commission or the Subdivision Committee
of Council will review the plan with the subdivider or his or her
agent.
D.
The Commission shall require that copies of the pre-preliminary
plat be submitted to other affected public agencies for review.
The subdivider shall submit 10 copies of the
preliminary plat on a topographic map to the Clerk/Treasurer at least
10 days before a meeting of the Planning Commission.
The preliminary plat may be on paper and shall
be not less than 24 inches by 36 inches, at a scale of at least one
inch to 100 feet, showing the date and North arrow.
The following shall be shown on the preliminary
plat or submitted with it:
A.
The name of the proposed subdivision.
B.
Names, addresses and telephone numbers of the subdivider
and the surveyor preparing the plat.
C.
The location of the subdivision, by legal description,
including the total area contained therein.
D.
The names of abutting subdivisions.
E.
A statement of the intended use of the proposed plat,
such as residential single-family, two-family and multiple housing,
commercial, industrial, recreational or agricultural, and proposed
sites, if any, for multifamily dwellings, shopping centers, churches,
industry and other nonpublic uses exclusive of single-family dwellings,
and any sites proposed for parks, playgrounds, schools or other public
uses.
F.
A map of the entire area scheduled for development,
if the proposed plat is a portion of a larger holding intended for
subsequent development.
G.
A location map showing the relationship of the proposed
plat to the surrounding area.
H.
The land use and existing zoning of the proposed subdivision
and the adjacent tracts;
I.
Streets, street names and right-of-way and roadway
widths.
J.
Lot lines and the total number of lots by block.
K.
Contours at five-foot intervals where the slope is
greater than 10% and at two-foot intervals where the slope is 10%
or less.
L.
A site report as described in the rules of the State
Department of Public Health. The requirement for a site report applies
if the proposed subdivision is not to be served by public sewer and
water systems.
M.
Proposed and existing storm and sanitary sewers and
water mains and their respective profiles, or an indication of alternative
methods.
N.
Ten copies of proposed protective covenants and deed
restrictions, or a statement in writing that none is proposed.
O.
Right-of-way easements, showing their location, width
and purpose.
A.
The subdivider shall submit 20 sets of preliminary
engineering plans for streets, water, sewers, sidewalks and other
required public improvements.
B.
The engineering plans shall contain enough information
and detail to enable the Planning Commission to make a preliminary
determination as to conformance of the proposed improvements to applicable
City Engineering Department regulations and standards.
The Council may tentatively approve or reject
the preliminary plat under Section 112(4) of the Subdivision Control
Act[1] before distribution to other approving authorities.
[1]
Editor's Note: See MCLA §§ 560.112(4).
The Planning Commission shall submit to the
various approving authorities the number of validated copies of the
preliminary plat required by Sections 112 to 119 of the Subdivision
Control Act[1] as follows:
A.
City Clerk/Treasurer: three copies for the Council;
B.
County or Regional Planning Commission: two copies
for verification that the street names do not duplicate or conflict
with existing street names; and
C.
School Board: two copies to the School Board of the
respective school district in which the plat is to be located, for
informational purposes.
[1]
Editor's Note: See MCLA §§ 560.112
to 560.119.
After distribution, the Planning Commission
shall file with the Clerk/Treasurer a list of all authorities to which
validated copies of the preliminary plat have been distributed.
When the subdivider has secured the approvals
of the preliminary plat from the various approving authorities as
required by Sections 113 to 119 of the Subdivision Control Act,[1] he or she shall deliver all copies of the preliminary
plat to the Clerk/Treasurer, who shall promptly transmit them to the
Planning Commission.
[1]
Editor's Note: See MCLA §§ 560.113
to 560.119.
A.
The Planning Commission shall review the preliminary
plat and, if it meets all requirements, shall provide for an adequate
public hearing, giving due notice to all parties in interest in accordance
with the provisions of the act under which the Planning Commission
has been established.[1]
[1]
Editor's Note: See MCLA § 125.31
et seq.
B.
If the preliminary plat does not meet all requirements,
the Planning Commission shall notify the subdivider by letter, giving
the earliest date for resubmission of the plat and additional information
required.
C.
The Planning Commission shall give its report to the Council not more than 60 days after submission of the preliminary plat, in accordance with § 630-18.
D.
The sixty-day period may be extended if the applicant
consents. If no action is taken within 60 days, the preliminary plat
shall be deemed to have been approved by the Planning Commission.
A.
The Council shall not review, approve or reject a
preliminary plat until it has received from the Planning Commission
its report and recommendations.
B.
The Council shall consider the preliminary plat at
its next meeting, but no later than 20 days after receipt thereof
from the Planning Commission.
C.
The Council shall, within 20 days, either reject the
preliminary plat and give its reasons or set forth in writing the
conditions for granting approval thereof.
Approval of a preliminary plat shall not constitute
approval of the final plat but shall be deemed to mean that final
plat approval shall be conditioned on compliance with all requirements
of the preliminary plat.
A.
Approval of the preliminary plat by the Council shall
be for a period of two years from the date of its approval after approval
by the other required authorities.
B.
The City Council may extend the two-year period if
it is applied for and granted in writing, but only concerning its
own requirements.
A.
Final plats shall be prepared and submitted as provided
for in the Subdivision Control Act.
B.
A written application for approval and the recording
fee shall accompany all final plats.
C.
The subdivider shall submit proof of ownership of
the land included in the final plat in the form of an abstract of
title certified to the date of the proprietor's certificate or a policy
of title insurance currently in force.
D.
The City may require such other information as it
deems necessary to establish whether or not the proper parties have
signed the plat.
Final plats shall be submitted to the Clerk/Treasurer
at least 10 days before a meeting of the Planning Commission.
The subdivider shall submit the final plat and
as-built engineering plans, where required for approval, to the following:
C.
The time for review and recommendations by the Planning
Commission may be extended by agreement with the subdivider.
D.
If the Planning Commission recommends disapproval
of the plat by the Council, it shall state its reasons in its official
minutes and forward the same to the Council and recommend that the
Council disapprove the final plat until the objections causing disapproval
have been changed to meet with the approval of the Planning Commission.
E.
Recommendations for approval of the plat by the Council
shall be accompanied by a report.
A.
The Council shall review the final plat and the report
from the Planning Commission at its next regular meeting, or at a
meeting to be called within 20 days of receipt thereof from the Planning
Commission.
B.
The Council shall approve the plat or disapprove it.
If the plat is disapproved, the Council shall give the subdivider
its reasons in writing and rebate the recording fee.
C.
The Council shall instruct the Clerk/Treasurer to
record all proceedings in the minutes of the meeting, which shall
be open for inspection, and to sign the municipal certificate on the
approved plat on behalf of the Council.
A.
The Council may require all improvements and facilities
to be completed before it approves the final plat.
B.
If improvements and facilities are not required to
be completed by the Council before plat approval, the final plat shall
be accompanied by a contract between the subdivider and the Council
for completion of all required improvements and facilities.
C.
Performance of the contract shall be guaranteed by
a cash deposit, certified check, surety bond or irrevocable bank letter
of credit.
D.
The Council shall not require a bond duplicating any
bond required by another governmental agency.
E.
Such surety shall be rebated or credited to the account
of the proprietor as the work progresses, as included in a written
agreement between the City and the subdivider.