[Ord. of 6-13-1972]
The improvements described in this division will be required
to be constructed by the subdivider as conditions for final plat approval.
[Ord. of 6-13-1972]
It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by an engineer, a complete set of construction plans, including profiles, cross-section, specifications, and other supporting data, for the hereinafter required streets, utilities, and other facilities. Such construction plans shall be based on preliminary plans which have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat. Construction plans are subject to approval by the approving bodies listed in Section 18-62 and the construction plan shall be prepared in accordance with their standards or specifications.
[Ord. of 6-13-1972]
When construction has been completed at the time of submitting the final plat, one complete copy of as-built engineering plans of each required public improvement shall be filed with the Township Clerk coincident with the submission of the final plat. Other requirements and procedures in the submittal of final plats shall be as provided in Section 18-62.
[Ord. of 6-13-1972]
Every subdivider shall be required to install the following
public and other improvements in accordance with the provisions of
Subsections (1) through (11) of this section.
(1)
Monuments. Monuments shall be set in accordance with the State Land
Division Act, and the rules of the state department of treasury.
(2)
Streets and alleys. All streets and alleys shall be constructed in
accordance with the standards and specifications adopted by the Ottawa
County Road Commission.
(3)
Curbs and gutters. Curbs and gutters may be required on all marginal
access streets and minor streets and shall be constructed in accordance
with the standards and specifications adopted by the Ottawa County
Road Commission.
(4)
Installation of public utilities. All telephone and electrical utilities
shall be installed underground. In addition, all public utilities
and driveways shall be installed in accordance with the State Land
Division Act and the rules of the state public service commission
as amended.
(5)
Driveways. All driveway openings in curbs shall be as specified by
the department of state highways on state and federal roads and as
specified by the Ottawa County Road Commission for all other roads
in the Township.
(6)
Storm drainage.
a.
An adequate storm drainage system, including necessary storm sewers,
drain inlets, manholes, culverts, bridges, and other appurtenances,
shall be required in all subdivisions. The requirements for each particular
subdivision shall be established by the Ottawa County Drain Commissioner.
b.
Construction of storm drainage systems shall be in accordance with
the standards and specifications adopted by the Ottawa County Drain
Commissioner. All proposed storm drainage construction plans for the
proposed plats shall be approved by the Ottawa County Drain Commissioner.
(7)
Water supply system. A water distribution system consisting of appropriate
water distribution mains, fire hydrants, and other water system appurtenances
shall be provided by the subdivider. This system shall meet all requirements
of the county, the state, the Township and any water supplier with
which the Township has contracted for water supply. If water transmission
lines are adjacent to the subdivision, the water system provided by
the subdivider shall be connected to such transmission lines by the
subdivider. If water transmission lines are reasonably proximate to
the subdivision, then the Township Board may, in its discretion, require
the subdivider to participate in and share the cost of extending such
transmission lines to the subdivision. After such extension is completed,
the water system provided by the subdivider shall be connected to
the water transmission lines by the subdivider. If water transmission
lines are not adjacent to or going to be extended to the subdivision,
then the water system shall be charged and capped in such reasonable
manner as is satisfactory to the Township Engineer. As an alternative,
the water distribution system may, with the approval of the Township
Board after consultation with the Planning Commission, the Township
Engineer, and Ottawa County Health Department, be connected to a central
well to be provided by the subdivider. Such well shall be in conformation
with all requirements of the county, state and Township. The Township
may, at its option, choose to operate and maintain such system or,
in the alternative, the Township can delay assuming operation and
maintenance of such system until a later date. At such time as water
transmission lines are adjacent to the subdivision, use of the central
water system shall cease and terminate and connection shall be made
forthwith to the water transmission lines at the expense of the subdivider.
If a central well are not provided, then individual wells may be utilized
as long as they comply completely with all requirements of the county,
state and Township. If water transmission lines for a public water
supply are not adjacent to or going to be extended to the subdivision,
then the Township Board may, in its discretion, require that the subdivider
execute an agreement agreeing to the imposition of a special assessment
to cover the subdivision's share of the cost of providing the
necessary public water facilities to extend a public water supply
to the subdivision. Such agreement shall be prepared by the Township
and shall be in such form as shall be necessary, in the reasonable
opinion of the Township Attorney, to effectuate the purposes of this
provision.
(8)
Sanitary sewer system.
a.
When connection to a public sanitary sewer system is probable within
a reasonable period of time, a sanitary sewer system consisting of
appropriate sewer lines, life stations, and other sanitary sewer system
appurtenances shall be provided by the subdivider. This system shall
meet all requirements of the county, the state, the Township and any
agency with which the Township has contracted for the treatment and
disposal of its sewage. If sanitary sewer transmission lines are adjacent
to the subdivision, the sanitary sewer system provided by the subdivider
shall be connected to such transmission lines by the subdivider. If
sanitary sewer transmission lines are reasonably proximate to the
subdivision, then the Township Board may, in its discretion, require
the subdivider to participate in and share the cost of extending such
transmission lines to the subdivision. After such extension is completed,
the sanitary sewer system provided by the subdivider shall be connected
to the sanitary sewer transmission lines by the subdivider. If sanitary
sewer transmission lines are not adjacent to or going to be extended
to the subdivision, then the sanitary sewer system shall be capped
in such reasonable manner as is satisfactory to the Township Engineer.
As an alternative, the sanitary sewer line system may, with the approval
of the Township Board after consultation with the Planning Commission,
the Township Engineer, and Ottawa County Health Department, be connected
to a central sewage disposal system to be provided by the subdivider.
Such central sewage disposal system shall be in conformance with all
requirements of the county, state and Township. The Township may,
at its option, choose to operate and maintain such system or, in the
alternative, the Township can delay assuming operation and maintenance
of such system until a later date. At such time as sanitary sewer
transmission lines are adjacent to the subdivision, use of the central
sewage system shall cease and terminate and connection shall be made
forthwith to such transmission lines at the expense of the subdivider.
If a central sewage disposal system is not provided, then septic tanks
and disposal fields may be utilized so long as they comply completely
with all requirements of the county, state and Township.
b.
If sanitary sewer transmission lines are not adjacent to or going
to be extended to the subdivision, then the Township Board may, in
its discretion, require that the subdivider execute an agreement agreeing
to the imposition of a special assessment to cover the subdivision's
share of the cost of providing the necessary public sanitary sewer
facilities to extend public sanitary sewer service to the subdivision.
Such agreement shall be prepared by the Township and shall be in such
form as shall be necessary, in the reasonable opinion of the Township
Attorney, to effectuate the purposes of this provision.
c.
When connection to a public sanitary sewer is not probable within
a reasonable period of time, then specific tanks and disposal fields
may be utilized as long as they comply completely with all requirements
of the county, state and Township. In such instance the subdivider
shall execute an agreement agreeing to the imposition of a special
assessment to cover the cost of constructing appropriate sewer lines,
lift stations and other sanitary sewer system appurtenances within
the subdivision as well as the cost of providing the necessary public
sanitary sewer facilities to extend public sanitary sewer service
to the subdivision. Such agreement shall be prepared by the Township
and shall be in such form as shall be necessary, in the reasonable
opinion of the Township Attorney, to effectuate the purposes of this
provision.
(9)
Street name signs. Street name signs shall be installed in the appropriate
locations at each street intersection in accordance with the requirements
of the Ottawa County Road Commission.
(10)
Sidewalks and crosswalks.
a.
Where the average width of lots, as measured at the building setback
line, is 100 feet or less, sidewalks shall be required on one side
of the street. Sidewalks shall be required on both sides of the street
where the density of development and the expected traffic volume may
present a hazard to the safety of pedestrians. Where the average width
of lots, as measured at the building setback line, is over 100 feet,
sidewalks on one side may be required by the Township.
b.
Crosswalks, when required by Section 18-85(a), shall have easements at least 10 feet in width and 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.
[Amended 1-31-2019 by Ord. No. 2019-1]
c.
Sidewalks and crosswalks shall be constructed in accordance with
the standards and specifications adopted by the Ottawa County Road
Commission.
(11)
Street lighting. Street lights shall be required to be installed
every 500 feet and at all intersections in the subdivision. All such
lighting shall comply with all applicable Township ordinances as well
as the requirements of the public utility providing such lighting.
(12)
Greenbelts. Where it is generally necessary for the protection
of residential properties to have greenbelts or landscaped screen
plantings located between a residential development and adjacent major
arterial streets, said greenbelts or landscaped screen plantings shall
be provided.
(13)
Street trees. Street trees shall be provided at a minimum as
follows:
[Amended 1-31-2019 by Ord. No. 2019-1]
a.
The planting stock, size and species of all street trees shall be
in accordance with the Ottawa County Road Commission Tree Planting
Guidelines.
b.
All street trees shall be located on each side of the street and
shall be centered between the back edge of the curb and the sidewalk.
c.
A minimum of one tree shall be planted for every 50 feet of frontage
along each side of the street. There shall be a minimum of one tree
per interior lot, and at least two trees shall be provided for a corner
lot.
d.
A waiver of the number of trees required may be granted by the Township
Board, upon the recommendation of the Planning Commission. Such waiver
shall be granted only if there are trees already growing on a lot
which comply with these regulations and are located such that they
will not be in danger of damage or destruction due to construction
activity.
[Ord. of 6-13-1972]
Where a school site, neighborhood park, recreation area, or
public access to water frontage, as previously delineated in the master
plan, is located, in whole or in part, in the proposed subdivision,
the Township Board may request the reservation of such open space
for school, park and recreation or public access purposes. All such
areas shall either be reserved for the respective school district
in the case of school sites or for the Township in all other cases;
however, voluntary dedication of these land areas may be accepted.
[Ord. of 6-13-1972; amended 1-31-2019 by Ord. No. 2019-1]
(a)
Guarantee arrangements; exceptions. The construction of all improvements
required by this article shall be completed by the subdivider and
approved by the Township Board prior to final plat approval. In lieu
of the actual installation and approval of all public improvements
required by this article prior to final plat approval, the Township
Board may, in its discretion, for those requirements which are over
and beyond the requirements of the Ottawa County Road Commission,
Ottawa County Drain Commissioner, or any other agency responsible
for the administration, operation and maintenance of the applicable
public improvement, permit the subdivider to guarantee completion
of such required improvements in one or a combination of the following
arrangements. In each instance where the subdivider is to guarantee
completion of required improvements, the Township and the subdivider
shall enter into a written agreement specifying in detail the nature
of the required improvements, the time in which these improvements
are to be completed, provisions for checking or inspecting the construction
of each such improvement to determine its conformity to the submitted
construction plans and specifications, and the nature of the financial
guarantee of performance which is to be provided by the subdivider
for each such improvement. The Township Board may, on recommendation
from the Planning Commission, waive financial guarantees of the completion
of required improvements in the case of sidewalks, streetlights, or
street trees.
(b)
Financial guarantees. Financial guarantees shall be provided as follows:
(1)
Performance or surety bond.
a.
Accrual. The bond shall accrue to the Township and shall cover
the full cost of constructing and installing the specific public improvement
and, where applicable, placing the specific public improvement in
operation.
b.
Amount. The bond shall be in an amount equal to the total estimated
cost for completing construction and installation of the specific
public improvement, including contingencies, as estimated by the Township
Board, as well as, where applicable, the total estimate of the cost
of placing the specific public improvement in operation, including
contingencies, as estimated by the Township Board.
c.
Term length. The term of the bond shall be for such period as
shall be specified by the Township Board.
d.
Bonding or surety company. The bond shall be written by a surety
company authorized to do business in the state acceptable to the Township
Board.
(2)
Cash deposit, certified check, negotiable bond, or irrevocable
bank letter of credit.
a.
Treasurer, escrow agent or trust company. A cash deposit, certified
check, negotiable bond, or an irrevocable bank letter of credit, such
bond or letter of credit to be approved by the Township Board, shall
be deposited with the Township. Such deposit shall be made pursuant
to a written escrow agreement between the subdivider and the Township.
The escrow agreement may provide that the deposit will be held by
the Township Treasurer or, in the alternative, subject to approval
by the Township Board, that the deposit be held by a state or national
banking corporation.
b.
Dollar value. The cash deposit, certified check, negotiable
bond, or irrevocable bank letter of credit shall be in an amount equal
to the total estimated cost of construction and installation of the
specified public improvement including contingencies, as estimated
by the Township Board.
c.
Term. The deposit shall be retained by the Township Board for
a period to be specified by the Township Board.
(3)
The agreement between the Township and the subdivider may provide
that the amount of the bond provided pursuant to Subsection (b)(1)
of this section or the deposit provided pursuant to Subsection (b)(2)
of this section be progressively reduced as the specified public improvement
is completed.
(c)
Penalty in case of failure to complete the construction of a public
improvement. In the event the subdivider shall, in any case, fail
to complete a public improvement within the period of time specified
in his agreement with the Township for the completion of said public
improvement, the Township Board may, at its option, proceed to have
the public improvement completed. The agreement between the subdivider
and the Township shall provide that all costs and expenses incurred
by the Township in completing the public improvement shall be reimbursed
from the bond or deposit provided pursuant to Subsection (b)(1) or
(b)(2) of this section.
