City of Holland, MI
Ottawa County
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Table of Contents
Table of Contents
[Ord. No. 448, § 9-2.1]
The purpose of this chapter is to establish procedures and minimum standards for the orderly and reasonable development and subdivision of land designed to protect and promote public health, safety, convenience and general welfare, to adequately provide for and control traffic movement and the installation of needed utilities, thereby encouraging the most appropriate use of land in the City.
[Ord. No. 448, § 9-2.2; amended 1-17-2018 by Ord. No. 1721]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
COMPLETE UTILITY SUBDIVISIONS
A subdivision located in the primary service area in which arrangements have been made for both public water service and sewage disposal by a public utility system and for the improvements required by this chapter.
FINAL PLAT
The final map, drawing or chart which the applicant submits pursuant to the Land Division Act, MCLA § 560.101 et seq., as amended, for the approval of the Council of the City.
LOCAL STREET
A street intended primarily to serve adjacent neighborhood properties.
MAJOR STREET
A street designated as such in the Major Street Plan for Holland, Michigan, contained within the proposed Master Plan dated April, 1953, or by subsequent action of the Planning Commission, which is intended to serve a relatively large volume of traffic not originating or terminating in the particular neighborhood.
PARTIAL UTILITY SUBDIVISION
A subdivision in which arrangements have been made for either public water service or sewage disposal by a public utility system, but not both, and for the other improvements required by this chapter.
POTENTIAL UTILITY SUBDIVISION
A subdivision in which neither public water nor sewage disposal by a public utility system can be obtained at the time of platting, but where the other improvements required by this chapter are provided.
PRIVATE SERVICE SUBDIVISION
A subdivision located in an area in which neither public water nor sewage disposal by a public utility system is furnished or contemplated.
SUBDIVIDE
"Subdivide" shall be given the same meaning as appears in MCLA § 560.102.
[Ord. No. 448, § 9-2.3]
It is recommended that a sketch plat of each subdivision be submitted for preliminary discussion before the preliminary or final plat is prepared. The purpose of the sketch plat is to enable the Planning Commission and the applicant to discuss the principles and standards involved before the applicant has incurred major expenses. The Planning Commission shall consider a sketch plat and, if it is satisfactory, shall give its tentative approval to such plat. Such approval is subject to change but is intended to furnish a reasonable basis for the applicant to proceed. The sketch plat and accompanying data shall provide the following information:
(a) 
A rough topographical sketch showing approximate ground elevations, watercourses, wooded areas, improvements, boundaries, public ways and utilities.
(b) 
A simple sketch of the proposed layout of streets, lots and public areas.
(c) 
Proposed uses and protective covenants, if any.
(d) 
Relationship of the tract to existing streets and surrounding areas.
(e) 
Such additional pertinent data as the Planning Commission may request.
[Ord. No. 448, § 9-2.4; Ord. No. 1519, 11-5-2008]
The applicant shall submit the following preliminary plat information to the Department of Community and Neighborhood Services for review and consideration by the Planning Commission:
(a) 
A completed preliminary plat application form.
(b) 
Application fee.
(c) 
The number of paper copies of the preliminary plat as indicated on the application form, and one digital copy in a PDF file format that accurately and completely depicts the scope of the project. The preliminary plat shall be designed to meet the general requirements for all subdivisions listed in Sections 33-8 to 33-13, and shall contain or be accompanied by the following information:
(1) 
Existing topographical features of the tract, including ground elevations, watercourses, wooded areas, isolated trees of more than one foot in diameter, improvements, boundaries, public ways and utilities, and any other special or significant terrain features.
(2) 
The proposed layout, dimensions and form of dedication of streets, lots, utility easements and public places.
(3) 
The proposed use of individual lots and protective covenants, if any.
(4) 
Proposed utility layouts; if private water sources or sewage disposal is proposed, percolation tests shall be made and the results submitted with the preliminary plat.
(5) 
Other subsurface conditions if requested by the City Sanitarian, or surface condition information if requested by the City Engineer.
(6) 
Such additional pertinent data as the Planning Commission may request.
(d) 
The Planning Commission shall conduct a public hearing on the preliminary plat before taking action. Notice of the public hearing shall comply with Section 39-4.1 of the City Code.
[Ord. No. 448, § 9-2.5; Ord. No. 955, 7-6-1988; Ord. No. 1519, 11-5-2008]
(a) 
The applicant shall submit the following final plat information to the Department of Community and Neighborhood Services for review and consideration by the Planning Commission:
(1) 
A completed final plat application form.
(2) 
Application fee in addition to any county and state filing fees.
(3) 
The number of paper copies of the final plat as indicated on the application form, one digital copy in a PDF file format that accurately and completely depicts the scope of the project, and one Mylar copy. The final plat shall contain or be accompanied by the following information:
a. 
All information required by Act No. 288 of the Public Acts of 1967, as amended (MSA 26.430(101) et seq.).
b. 
Satisfactory written evidence of arrangements for the installation of services and improvements as required by Section 33-7.
c. 
An abstract of title, certified to date, or a title insurance policy with respect to the area within the proposed plat.
d. 
The data specified in Sections 33-3 and 33-4, unless previously filed with the Department of Community and Neighborhood Services.
e. 
The proprietor's name and address shall be stated on the plat.
(b) 
The City Planning Commission shall recommend approval, approval with conditions, or disapproval of a plat within 63 days after the final plat is submitted to the Planning Commission. The Planning Commission shall conduct a public hearing on the proposed plat before taking action. Notice of the public hearing shall comply with Section 39-4.1 of the City Code.
(c) 
If the applicable standards under the Land Division Act, 1967 PA 288, MCLA § 560.101 to 560.293, and Chapters 33 and 39 are met, the Planning Commission shall recommend approval of the final plat. If the Planning Commission fails to act within the required period, the plat shall be considered to have been recommended for approval, and a certificate to that effect shall be issued by the Planning Commission upon request of the proprietor, except that the proprietor may waive this requirement and consent to an extension of the sixty-three-day period. The grounds for any recommendation of disapproval of a plat shall be stated upon the records of the Planning Commission.
(d) 
City Council shall proceed to consider the final plat within 30 days after the final plat approval by the Planning Commission. City Council shall either give approval to the final plat, or authorize the City Clerk to certify the Council's approval on the plat copies, or reject the final plat, stating in writing its reasons for such rejection and its comments with respect to requirements for final approval.
[Ord. No. 448, § 9-2.6; Ord. No. 1221, 8-19-1998]
For the purposes of this chapter, subdivisions shall be classified as complete utility, partial utility or private service subdivisions. For reasons of health and sanitation, the minimum required area of each lot shall vary according to the type of subdivision, the minimum requirements increasing as the availability of the various public services decreases.
(a) 
Lots located in a complete utility subdivision situated within a primary service area shall have a minimum frontage at building line of 60 feet and a minimum lot area of 7,200 square feet.
(b) 
Lots located in a partial utility subdivision situated within a primary service area shall have a minimum frontage at building line of 75 feet and a minimum lot area of 10,000 square feet.
(c) 
Lots located in a potential utility subdivision situated within a primary service area shall have a minimum frontage at building line of 90 feet and a minimum lot area of 13,500 square feet.
(d) 
Lots located in a potential utility subdivision situated in a secondary service area shall have a minimum frontage at building line of 110 feet and a minimum lot area of 18,000 square feet.
(e) 
Lots located within a private service division situated within a private service area shall have a minimum frontage at building line of 165 feet and a minimum lot area of 35,000 square feet.
(f) 
For lots located within a complete utility subdivision within the WIND zone district, required lot frontages and lot areas shall be established at the time of preliminary plat approval.
[Ord. No. 448, § 9-2.7; Ord. No. 484; Ord. No. 886; Ord. No. 1184, 10-16-1996; Ord. No. 1221, 8-19-1998]
The public improvements required for a particular class of subdivision shall be assured by the subdivider prior to final approval of the plat, either by actual installation of the same prior to such approval or by the posting of a cash deposit, certified check or surety bond, conditioned upon making the required improvements within three years, in an amount estimated by the City Engineer to be sufficient to complete such improvements.
(a) 
Complete utility subdivisions. The following improvements, constructed in accordance with City specifications, are required in a complete utility subdivision:
(1) 
Thirty-foot wide graded streets, with concrete curbs and gutters, surfaced with asphalt or by a surfacing determined to be equally satisfactory by the City Engineer.
(2) 
Street signs shall be erected at each street intersection.
(3) 
A public water supply shall be made available to each lot.
(4) 
A public sanitary sewer shall be made available to each lot.
(5) 
Adequate provision shall be made for culverts, fire hydrants, bridges, drains, catch basins and storm sewers.
(6) 
Concrete sidewalks six feet in width shall be placed on both sides of the street. For commercial and industrial subdivisions, sidewalks shall be required along frontages of public and private streets in association with commercial and industrial development where the Planning Commission determines such sidewalks are appropriate and where deemed necessary to assure one or more of the following:
a. 
Public safety;
b. 
Continuity of existing or planned future pedestrian and/or bicycle circulation;
c. 
Consistency with sidewalk programs or policies adopted by the City Council. Sidewalks shall be six feet wide concrete constructed to City specification unless an alternative is specifically reviewed and approved by the Planning Commission and City Engineer. Waiver of sidewalks during the course of site plan review does not prevent the City from requiring said sidewalks at some future date and assessing property owners for the cost thereof, as appropriate.
(7) 
Topsoil shall not be removed from the site or used as spoil but shall be redistributed so as to provide at least six inches of cover on the lots and at least four inches of cover between sidewalks and curbs, and shall be stabilized by seeding or planting.
(b) 
Partial utility subdivisions. The requirements of Subsection (a) of this section shall apply to a partial utility subdivision; except, that, in the alternative:
(1) 
If a public water system is not available, individual wells may be used, provided that all other requirements are met; or
(2) 
If a public sanitary sewer system is not available, individual septic tanks may be used, provided that all other requirements are met.
(c) 
Potential utility subdivisions. The following improvements, constructed in accordance with City specifications, are required in a potential utility subdivision:
(1) 
Thirty-foot wide graded streets, with concrete curbs and gutters, surfaced with asphalt or by a surfacing determined to be equally satisfactory by the City Engineer.
(2) 
Street signs shall be erected at each street intersection.
(3) 
Adequate provision shall be made for culverts, bridges, drains and catch basins.
(4) 
Asphalt or concrete sidewalks six feet in width shall be placed on one side of each street; except, that if the average width of all lots exceeds 150 feet and if the average lot area exceeds 30,000 square feet, and if the City Council determines that a sidewalk is not needed to provide access to a school or to continue an existing walk, no sidewalks will be required.
(5) 
Topsoil shall not be removed from the site or used as spoil but shall be redistributed so as to provide at least six inches of cover on the lots and at least four inches of cover between sidewalks and curbs, and shall be stabilized by seeding or planting.
(d) 
Private service subdivisions. Streets not less than 24 feet in width, with concrete curbs and gutters, or in lieu thereof between intersections, asphalt valley gutters, graded, drained and surfaced in accordance with City specifications, are required in a private service subdivision.
(e) 
Exceptions. In the event that a proposed subdivision is bordered by any existing street shown on the latest street map for the City on file with the local government division of the State Highway Department pursuant to Act No. 51 of the Public Acts of 1951, as amended,[1] then the curbs, gutters, sidewalks and street paving otherwise required herein on or along such existing streets shall not be required by this chapter.
[1]
Editor's Note: See MCLA § 247.651 et seq.
(f) 
Requirements for public improvements, including but not limited to such elements as streets and sidewalks, within a complete utility subdivision within the WIND zone district shall be established at the time of preliminary plat and development plan approval.
[Ord. No. 448, § 9-2.8; Ord. No. 1221, 8-19-1998]
(a) 
Compliance with Master Plan, Major Street Plan and Zoning Ordinance. Subdivisions shall be designed whenever possible in accordance with the provisions of the proposed Master Plan of the City, and shall conform to the major street plan and the provisions of Chapter 39 of this Code.
(b) 
Withholding approval on unsuitable lots. If the City Council, after proper investigation, determines one or more lots to be unsuitable for the intended use because of topographical or other physical reasons, it shall withhold approval of such lots.
(c) 
Commercial and industrial subdivisions. The City Council shall fix service and improvement requirements for commercial or industrial subdivisions with reference to the proposed use and density of the subdivided area and the type of business or industrial activity to be carried on in such area, applying the complete utility subdivision requirements wherever applicable.
(d) 
Public purpose areas. Whenever the Planning Commission determines that certain defined areas located in whole or in part within a proposed subdivision are reasonably necessary for park, recreation, school, public utility or other public purposes, it shall notify the applicant and public agency involved before approval of the plat is granted. Thereupon, unless the applicant is willing to dedicate such area without cost, the public agency involved shall within 30 days advise the applicant if it desires to acquire the area in question. Any improvements placed upon such lands by applicant following receipt of such notice of intent to acquire such premises by any such public agency shall not increase the compensation to applicant for such public acquisition, if proceedings to acquire such area are commenced by such public agency within six months of the date of platting.
(e) 
Subdivisions within the WIND zone district shall be designed in accordance with the Windmill Island master plan and the applicable provisions of Chapter 39 of this Code.
[Ord. No. 448, § 9-2.9; Ord. No. 1221, 8-19-1998]
The arrangement, character, extent, width, grade and location of all streets shall conform to the City major street plan, shall be considered in relation to existing and planned streets, to topographical conditions, to public convenience and safety, in relation to the proposed uses of the land to be served by such street, and shall conform to the following criteria:
(a) 
Layout. Local streets shall be laid out so that their use by through traffic will be discouraged.
(b) 
Subdivisions abutting or containing major street. Where a subdivision abuts or contains an existing or proposed major street, the City Council may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys or such other treatment as may be necessary for adequate protection to residential properties and to afford separation of through and local traffic.
(c) 
Subdivisions bordering on or containing railroad or limited access highway right-of-way. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the City Council may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
(d) 
Reserve strips generally. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under conditions approved by the City Council.
(e) 
Visibility requirements for certain streets. When connecting street lines deflect from each other at any one point by more than 10°, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than 300 feet for local streets, and of such greater radii as the City Council shall determine for major streets.
(f) 
Intersections—generally. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 60°.
(g) 
Same—Rounded property corners. Rounded property corners at street intersections may be required by the City Engineer.
(h) 
Half-width streets. Half-width streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and where the City Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half-width street is adjacent to a tract to be subdivided the other half of the street shall be platted within such tract.
(i) 
Dead-end streets. Dead-end streets, designed to be so permanently, shall not generally be longer than 800 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 86 feet, and a street property line diameter of at least 110 feet.
(j) 
Street names. No street names shall be used which will duplicate or be confused with the names of existing streets. New streets which are extensions of or obviously in alignment with existing streets shall bear the name of the existing streets. Street names shall be subject to the approval of the City Council.
(k) 
Grades. No street grade shall be less than 1/2 of 1%, nor greater than 7%, unless the City Council finds that the topography of the land to be subdivided is such as to make it impossible to otherwise develop such land.
(l) 
Right-of-way widths. Standard right-of-way widths shall be 66 feet for local streets and 80 feet for major streets unless otherwise indicated on the major street plan, but the City Council may vary either requirement upon a determination that the potential traffic volume indicates that either a greater or lesser width would be appropriate.
(m) 
Requirements within WIND. Notwithstanding criteria in Subsections (a) through (1) above, the unique character and conditions of development within the WIND may necessitate deviations from the general requirements herein. Deviation from these criteria, consistent with the Windmill Island master plan, shall be reviewed and approved at the time of preliminary plat and development plan review.
[Ord. No. 448, § 9-2.10; Ord. No. 1221, 8-19-1998]
The City Council shall require an alley in commercial and industrial districts unless definite provision is made and assurances are given for service access, including off-street parking, loading and unloading space consistent with and adequate for the proposed uses.
Alleys shall not be permitted in residential districts without the special consent of the City Council.
The minimum width of an alley shall be 20 feet.
Dead-end alleys shall be avoided whenever possible. If such an alley is unavoidable, provision shall be made for adequate turn-around facilities at the dead-end.
Requirements of this section shall not apply to development within the WIND zone district.
[Ord. No. 448, § 9-2.11]
Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be of such width as may be reasonably necessary for the utilities to be benefitted, but in no event shall any such easement be of less width than that required by state law.
Where a subdivision is traversed by a watercourse, drainage way, channel or stream there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such additional width as may be necessary.
[Ord. No. 448, § 9-2.12; Ord. No. 1221, 8-19-1998]
(a) 
Generally. The lengths, widths and shapes of blocks shall be determined with due regard to:
(1) 
Provision for adequate building sites suitable to the special needs of the type of use contemplated.
(2) 
Zoning requirements as to lot sizes and dimensions.
(3) 
Needs for convenient access, circulation, control and safety of street traffic.
(4) 
Limitations and opportunities of topography.
(b) 
Length. The long dimension of a block shall generally not exceed 1,000 feet.
(c) 
Pedestrian walkways. Pedestrian walkways, not less than 15 feet wide, may be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. Within the WIND zone district, the dimension of such walkways may vary.
[Ord. No. 448, § 9-2.13]
(a) 
Generally. The lot size, width, depth, shape and orientation, and the minimum building setback lines, shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
(b) 
Area and setback requirements. Lot area and setback requirements shall conform to the requirements of the zoning ordinance.
(c) 
Commercial and industrial lots. The depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.
(d) 
Corner lots for residential use. Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.
(e) 
Access to public streets. The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.
(f) 
Double frontage and reverse frontage lots. Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from major traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement across which there shall be no right of vehicular access may be required along the line of lots abutting such a major traffic artery or other disadvantageous use.
(g) 
Side lot lines. Side lot lines shall be substantially at right angles to, or radial to, street lines.
[Ord. No. 448, § 9-2.14]
(a) 
Petition. A petition for a variance may be submitted in writing by the applicant at the time of filing the proposed plat with the City Clerk, which petition shall state fully the grounds and reasons for requesting each such variance.
(b) 
Granting generally. If the subdivider can clearly demonstrate that literal enforcement of any provision of this chapter not specifically required by Act No. 172 of the Public Acts of 1929, as amended,[1] is impractical or will impose undue hardship in the use of his land because of peculiar conditions pertaining to his land, the City Council may permit such variance as it believes to be reasonable and within the general purposes and policy of this chapter.
[1]
Editor's Note: Act No. 172 was repealed by Act No. 288 of the Public Acts of 1967. See now MCLA § 560.101 et seq., the Land Division Act.
(c) 
Matters for consideration. In making the findings required below, the City Council shall consider the location and condition of the proposed subdivision, the nature of the proposed variance as compared with 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 and variance on traffic conditions in the vicinity.
(d) 
Findings required. No variance shall be granted unless the City Council finds that:
(1) 
There are special circumstances or conditions affecting such property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land.
(2) 
The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.
(3) 
The granting of the variance will not be detrimental to public health, safety or general welfare or be injurious to property in the area which such property is situated.
(e) 
Conditions may be imposed. In permitting any such variance, the City Council may impose such conditions as will secure substantially the objectives of the standard or requirement so varied.
[Ord. No. 448, § 9-2.15]
This chapter shall be administered by the City Council assisted by the research, reports and recommendations of the Planning Commission and affected departments of the City, supplemented by such consulting service as is deemed desirable. The provisions of this chapter shall be interpreted to be minimum requirements for the protection of public health, safety and welfare.