The purposes of this article are:
A.
To establish and define the public improvements which
will be required to be constructed by the subdivider as conditions
precedent to final plat approval;
B.
To outline the procedures and responsibilities of
the subdivider and the various public officials and agencies concerned
with the administration, planning, design, construction and financing
of public facilities; and
C.
To further establish procedures for assuring compliance
with these requirements.
A.
It shall be the responsibility of the subdivider of
every proposed subdivision to have prepared, by a registered engineer,
a complete set of construction plans, including profiles, cross sections,
specifications and other supporting data, for the hereinafter required
public streets, utilities and other facilities.
B.
The construction plans shall be based on preliminary
plans which have been approved with the preliminary plat, and they
shall be prepared in conjunction with the final plat.
C.
Construction plans are subject to approval by the
responsible public agencies shown. All construction plans shall be
prepared in accordance with the standards or specifications of such
public agencies.
A.
When construction has been completed at the time of
filing the final plat, one complete copy of as-built engineering plans
of each required public improvement shall be filed with the Clerk/Treasurer
coincident with the filing of the final plat.
Every subdivider shall be required to install
the public and other improvements provided for in this article in
accordance with the conditions and specifications set forth in this
article.
Monuments shall be set in accordance with the
Subdivision Control Act, Act 288 of the Public Acts of 1967, as amended,
and the rules of the Michigan State Department of Treasury.
All streets and alleys shall be constructed
in accordance with the standards and specifications adopted by the
City Engineering Department.
Curbs and gutters shall be required on all neighborhood
access streets and minor streets and shall be constructed in accordance
with the standards and specifications adopted by the City Engineering
Department.
All driveway openings in curbs shall be as specified
by the City Engineering Department.
When a proposed subdivision is to be serviced
by a public water supply system, fire hydrants and other required
water system appurtenances shall be provided by the subdivider.
Street name signs shall be installed in the
appropriate locations at each street intersection in accordance with
the requirements of the City Engineering Department.
A.
Sidewalks shall be required on both sides of a street.
Where the average width of lots, as measured at the street frontage
line or at the building setback line, is over 100 feet, sidewalks
on one side may be required by the City.
B.
Crosswalks, when required by the City, shall have
easements at least 10 feet in width and shall include a paved walk
at least five feet in width, located generally along the center line
of the easement, dedicated as a public pedestrian walkway.
C.
Sidewalks and crosswalks shall be constructed in accordance
with the requirements of the City Engineering Department.
All public utility companies, as set forth in
this chapter, are required to provide their utility for underground
installation.
Streetlights may be required to be installed
at intersections only throughout the subdivision. In these cases,
a subdivider shall conform to the requirements of the City and the
public utility providing such lighting.
A.
Where a school site, neighborhood park, recreation
area or public access to water frontage, as previously delineated
or specified by official action of the Planning Commission, is located
in whole or in part in a proposed subdivision, the City Council shall
request the reservation of open space for such purposes.
B.
All such areas shall either be reserved for the respective
school district, in the case of school sites, or for the City in all
other cases.
C.
Voluntary dedication of these land areas will be accepted.
D.
These lands should make up 7% of the plat.
A.
It is desirable for the protection of residential
properties to have greenbelts or landscaped screen plantings located
between a residential development and adjacent major arterial streets
and railroad rights-of-way.
B.
When a subdivider desires to protect his or her development
in this way, a proposed subdivision plat shall show the location of
the greenbelts.
A.
Financial guarantee arrangements; exceptions.
(1)
In lieu of the actual installation of required
public improvements, the Council, on recommendation of the Planning
Commission, may permit the subdivider to provide a financial guarantee
of performance in one or a combination of the following arrangements
for those requirements which are over and beyond the requirements
of the City Engineering Department or any other agency responsible
for the administration, operation and maintenance of the applicable
public improvement.
(2)
The Planning Commission may recommend the waiver
of, and the Council may waive, financial guarantees of performance
under this article for sidewalks, streetlights or street trees.
(3)
In case improvements are specified, completion
shall be required prior to the issuance of occupancy permits.
B.
Performance or surety bonds.
(1)
Bonds shall accrue to the City covering construction,
operation and maintenance of the specific public improvement.
(2)
The bond shall be in an amount equal to the
total estimated cost for completing construction of the specific public
improvement, including contingencies, estimated by the Council.
(3)
The term length in which the bond is in force
shall be for a period to be specified by the Council for the specific
public improvement.
(4)
The bond shall be with a surety company authorized
to do business in the state, acceptable to the Council.
(5)
The escrow agreement shall be drawn and furnished
by the Council.
C.
Cash deposit, certified check, negotiable bond or
bank letter of credit.
(1)
A cash deposit, certified check, negotiable
bond or irrevocable bank letter of credit, such surety acceptable
to the Council, shall accrue to the City. These sureties shall be
deposited with the Clerk/Treasurer or with a responsible escrow agent
or trust company, subject to the approval of the Council.
(2)
The dollar value of the cash deposit, certified
check, negotiable bond or irrevocable bank letter of credit shall
be equal to the total estimated cost of construction of the specific
public improvement, including contingencies, as estimated by the Council.
(3)
The escrow time for the cash deposit, certified
check, negotiable bond or irrevocable bank letter of credit shall
be for a period to be specified by the Council.
(4)
An agreement between the City and the subdivider
may provide for a progressive payment out of the cash deposit, or
a reduction of the certified check, negotiable bond or irrevocable
bank letter of credit, to the extent of the completed portion of the
public improvement, in accordance with a previously entered into agreement.
With respect to financial guarantees, the approval
of all final subdivision plats shall be conditioned on the accomplishment
of one of the following:
A.
The construction of improvements required by these
Subdivision Regulations shall have been completed by the subdivider
and approved by the Council.
B.
A surety acceptable to the City shall have been filed
in the form of a cash deposit, certified check, negotiable bond, irrevocable
bank letter of credit or surety bond.
A special agreement shall be entered into between
the subdivider and the Council where street trees and streetlights
have been required by the Council.
Before approving a final plat and construction
plans and specifications for public improvements, an agreement between
the subdivider and the Council shall be made to provide for checking
or inspecting the construction and its conformity with the submitted
plans.
In the event that a subdivider shall, in any
case, fail to complete work within a period of time required by the
conditions of the guarantee for the completion of public improvements,
it shall be the responsibility of the Council to proceed to have such
work completed. In order to accomplish this, the Council shall reimburse
itself for the cost and expense thereof by appropriating the cash
deposit, certified check, irrevocable bank letter of credit or negotiable
bond, which the subdivider may have deposited in lieu of a surety
bond, or may take such steps as may be necessary to require performance
by the bonding or surety company and as included in a written agreement
between the Council and the subdivider.
