[Ord. No. 339,
passed 7-25-1977]
This Title Four of Part Twelve - the Planning and Zoning Code
shall be known and may be designated as the "City of Coldwater Subdivision
Regulations" and shall be referred to hereinafter as "these Subdivision
Regulations" or just "these Regulations."
[Ord. No. 339,
passed 7-25-1977]
The purposes of these Regulations are to provide for the orderly
growth and harmonious development of the community; to secure adequate
traffic circulation, through coordinated street systems with relation
to major thorofares adjoining subdivisions and public facilities;
to achieve individual property lots of maximum utility and livability;
to secure adequate provisions for water supply, drainage and sanitary
sewerage and other health requirements; to secure adequate provisions
for recreational areas, school sites and other public facilities;
and to provide logical procedures for the achievement of these purposes.
[Ord. No. 339,
passed 7-25-1977]
The approvals required under the provisions of these Regulations
shall be obtained prior to the installation of any subdivision or
project improvements within the City in public streets, public alleys,
public rights of way or public easements, or under the ultimate jurisdiction
of the City. All subdivision or project improvements within the City
installed in public streets, public alleys, public rights of way or
public easements, or under the ultimate jurisdiction of the City,
shall comply with all of the provisions and requirements of these
Regulations or any related ordinance.
[Ord. No. 339,
passed 7-25-1977]
The provisions of these 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 Regulations
are not intended to repeal, abrogate, annul or in any manner interfere
with existing regulations or laws of the City, nor to conflict with
any statutes of the State of Michigan or the County of Branch, except
that these Regulations shall prevail in cases where these Regulations
impose a greater restriction than is provided by existing statutes,
laws or regulations.
[Ord. No. 339,
passed 7-25-1977]
If any section, paragraph, clause, phrase or part of these Regulations
is for any reason held invalid by any court of competent jurisdiction,
such decision shall not affect the validity of the remaining provisions
of these Regulations; and the application of those provisions to any
persons or circumstances shall not be affected thereby.
[Ord. No. 339,
passed 7-25-1977]
The following definitions shall apply in the interpretation
and enforcement of these Regulations:
(1)
ALLEY — Means a dedicated public way affording a secondary
means of access to abutting property and not intended for general
traffic circulation.
(2)
BLOCK — Means that property abutting one side of a street and
lying between the two nearest intersecting streets, between the nearest
such street and 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.
(3)
CLERK/ASSESSOR — Means the City Clerk/Assessor of the City.
(4)
COMMISSION — Means the Planning Commission of the City.
(5)
EASEMENT — Means a specific area of land over which a liberty,
privilege or advantage is granted by the owner to the public, a corporation,
some particular person or part of the public for specific uses and
purposes, and which shall be designated a "public" or "private" easement,
depending on the nature of the user.
(6)
GOVERNING BODY — Means the City Council of the City of Coldwater,
Branch County, Michigan.
(7)
IMPROVEMENTS — Means grading, street surfacing, curbs and gutters,
sidewalks, crosswalks, water mains, fire hydrants, sanitary sewers,
storm sewers, culverts, bridges and other additions to the natural
state of land which increase its value, utility or habitability.
(8)
LOT — Means a parcel of land separated from other parcels on
a preliminary or recorded plat for the purpose of sale, lease or separate
use.
(9)
MAJOR STREETS or THOROFARE PLAN — Means the part of the Master
Plan which sets forth the location, alignment and dimensions of existing
and proposed streets and thorofares.
(10)
MASTER PLAN — Means the comprehensive land use plan for
the City, also known as the "Master Plan for Future Land Use," including
graphic and written proposals indicating the general locations recommended
for the streets, parks, schools, public buildings and all physical
developments of the City, including any unit or part of such Plan
separately adopted, and any amendment to such Plan or parts thereof
adopted by the Planning Commission.
(11)
MUNICIPAL ENGINEER, ENGINEER or CITY ENGINEER — Means
the staff engineer or consulting engineer of the City.
(12)
MUNICIPAL PLANNER or PLANNER — Means the staff planner
or consulting planner of the City.
[Ord. No. 557,
passed 10-27-1997]
(13)
MUNICIPALITY — Means the City of Coldwater.
(14)
PERSON — Means an individual, partnership, firm, corporation
or association.
(15)
PARCEL (or TRACT) — Means a continuous area or acreage
of land which can be described as provided for in the Subdivision
Act.
(16)
PLAT — Means a map or chart of a subdivision of land.
In addition:
A.
PRELIMINARY PLAT (STAGE ONE) — Means a map indicating the proposed
layout of the subdivision in sufficient detail to provide an adequate
basis for review and to meet the requirements and procedures set forth
in these Regulations and the Zoning Code.
B.
PRELIMINARY PLAT (STAGE TWO) — Means a map showing all requisite
details of a proposed subdivision submitted to an approving authority
for the purposes of preliminary consideration, prepared in conformance
with the Subdivision Act.
C.
FINAL PLAT — Means a map of all or part of a subdivision providing
substantial conformance to the preliminary plat (stage two) of the
subdivision, prepared in conformance with the requirements of the
Subdivision Act and these Regulations, and suitable for recording
by the County Register of Deeds.
(17)
PROPRIETOR — Means a natural person, firm, association,
partnership, corporation or combination of any of them, which may
hold any ownership interest in land, whether recorded or not.
(18)
PUBLIC RESERVATION — Means a portion of a subdivision
which is set aside for public use and made available for public use
and acquisition.
(19)
PUBLIC UTILITY — Means any person, firm or corporation
or municipal department, board or commission, duly authorized to furnish,
and furnishing under governmental regulations, to the public, gas,
steam, electricity, sewage disposal, communication, telegraph, transportation
or water.
(20)
PUBLIC WALKWAY — Means a right of way dedicated for the
purpose of a pedestrian access through residential areas, and located
so as to connect to two or more streets or a street and a public land
parcel.
(21)
STREET — Means 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. A street includes the land between the street right of way
lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking areas and lawns.
In addition:
A.
BOULEVARD STREET — Means a street developed to two two-lane,
one-way pavements, separated by a median.
B.
COLLECTOR STREET — Means a street used primarily to carry traffic
from minor streets to major thorofares.
C.
CUL-DE-SAC STREET — Means a minor street of short length, having
one end open to traffic and being permanently terminated at the other
end by a vehicular turn-around.
D.
LOOP STREET — Means a minor street of short length with two
openings to traffic beginning from the same street, projecting parallel
to each other and connecting at their termination by a loop.
E.
MAJOR THOROFARE — Means an arterial street of greater continuity
which is intended to serve as a large volume trafficway for both the
immediate Municipal area and region beyond, and may be designated
on the City's Major Thorofare Plan as a major thorofare, parkway,
expressway or equivalent term to identify those streets comprising
the basic structure of the street plan.
F.
MARGINAL ACCESS STREET — Means a minor street, parallel and
adjacent to a major thorofare, which provides access to abutting properties
and protection from through traffic.
G.
MINOR STREET — Means a street of limited continuity used primarily
for access to abutting residential properties.
H.
TURN-AROUND — Means a short boulevard street permanently terminated
by a vehicular turn-around.
(22)
SUBDIVISION — Means 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 purpose of sale, lease of more than one year,
or of building development, where the act of division creates five
or more parcels of land, each of which is 10 acres or less in area;
or where five or more parcels of land, each of which is 10 acres or
less in area, are created by successive divisions within a period
of 10 years.
(23)
SUBDIVISION ACT — Means the Subdivision Control Act, being
Act 288 of the Public Acts of 1967, as amended.
(24)
WORDS — Singular words shall include the plural, and masculine
words shall include the feminine and neuter.
(25)
ZONING CODE — Means the City of Coldwater's Zoning
Code.
