The purpose of this Part 1 is to carry out the provisions of Public Act No. 288 of 1967 (MCLA § 560.101 et seq.) and to regulate and control the subdivision of land within the Township, in order to promote the safety, public health and general welfare of the community. These regulations are specifically designed to:
Provide for regulated and harmonious development of the community, consistent with orderly growth policies of the Township Master Plan.
Secure adequate traffic circulation through coordinated street systems with proper relation to major thoroughfares, adjoining subdivisions, and public facilities.
Achieve individual property lots of maximum utility and livability.
Ensure adequate provisions for water, drainage, sanitary facilities, other health requirements, and improvements required herein.
This Part 1 is enacted pursuant to Public Act No. 288 of 1967 (MCLA § 560.101 et seq.) and Public Act No. 33 of 2008 (MCLA § 125.3801 et seq.), the Michigan Planning Enabling Act.
This Part 1 shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of the ordinance from which this Part 1 is derived, except for the further dividing of lots. Nor is it intended by this Part 1 to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws, ordinances or regulations or with private restrictions placed upon property by deed, covenant, or other private agreements, or with restrictive covenants running with the land to which the Township is a party. Where this Part 1 imposes a greater restriction upon land than is imposed or required by such existing provision of any other ordinance of this Township, the provisions of this Part 1 shall control.
The following words, terms and phrases, when used in this Part 1, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The word "shall" is always mandatory and not merely directory.
- A quantity of land set aside or over which a liberty, privilege or advantage is granted by the owner to the public, a corporation, or some particular person or part of the public for specific uses and purposes, and shall be designated a "public" or "private" easement depending on the nature of the user.
- The relatively flat areas or low lands adjoining the channel or watercourse or a body of water which has been or may be covered by floodwater when high amounts of precipitation are experienced, as established pursuant to Chapter 210, Floodplain and Wetlands Protection, of the Code of the Charter Township of Oakland.
- Grading, street surfacing, curb and gutter, sidewalks, crosswalks, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities, trees and landscaping, impoundments, and other additions to the natural state of land which increases its value, utility or habitability.
- LAND DIVISION ACT
- Public Act No. 288 of 1967 (MCLA § 560.101 et seq.).
- A measured portion of a parcel or tract of land, which is described and fixed in a recorded plat.
- MASTER PLAN
- The comprehensive development regulation plan for the Township including graphic and written proposals indicating the general locations recommended for the streets, parks, schools, public buildings, zoning districts, and all physical developments of the Township and includes any unit or part of such plan separately adopted, and any amendments to such plan or parts thereof duly adopted by the Planning Commission.
- MASTER STREETS or THOROUGHFARE PLAN
- The part of the Master Plan which sets forth the location, alignment and dimensions of existing and proposed streets and thoroughfares.
- When included within the boundary of a recorded plat, means a lot set aside for purposes other than a development site, park or other land dedicated to public use or reserved to private use.
- A continuous area or acreage of land which can be described as provided for in the Land Division Act.
- A natural person, firm, association, partnership, corporation or combination of any of them which may hold any recorded or unrecorded ownership interest in the land. The proprietor is also commonly referred to as the "owner."
- PUBLIC OPEN SPACE
- Land dedicated or reserved for use by the general public. Public open space includes parks, parkways, recreation areas, public school sites, community or public building sites, streets and highways and public parking spaces.
- PUBLIC WALKWAY
- A dedicated public right-of-way for the purpose of pedestrian access.
- Land reserved, used, or to be used for a street, walkway, or other public purposes.
- SCENIC EASEMENT
- The legal right, dedicated to the Township government, to control the use of certain lands to protect the scenic view.
- Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county, or municipal roadway; or, 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 lines, whether improved or unimproved, and may comprise pavement, gutters, shoulders, sidewalks, parking areas, and lawns.
- SUBDIVIDE or SUBDIVISION
- The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of Sections 108 and 109 of the Land Division Act (MCLA §§ 560.108, 560.109). The term "subdivide" or "subdivision" does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the Land Division Act or the requirements of an applicable local ordinance.
- Two or more parcels that share a common property line and are under the same ownership.
The approvals required under the provisions of this Part 1 shall be obtained prior to the installation of any subdivision or project improvements within the Township, in public alleys, public rights-of-way, and public easements, and/or under the ultimate jurisdiction of the Township. All subdivision or project improvements within the Township installed in public streets, public alleys, public rights-of-way or public easements, or under the ultimate jurisdiction of the Township, shall comply with all the provisions and requirements of this or any related ordinance.
The provisions of these regulations shall be held to be the minimum requirements adopted for the promotion and preservation of public health, safety, and general welfare of the Township.
These regulations are not intended to repeal, abrogate, annul, or in any manner interfere with existing regulations or laws of the Township, nor conflict with any statutes of the state or the county except that these regulations shall prevail in cases where these regulations impose a greater restriction than is provided by existing statutes, laws or regulations.
The Township Board shall establish by resolution a schedule of fees, charges, and expenses for preliminary and final plat review, planning review, engineering review, attorney, inspection, and other matters pertaining to this Part 1. The schedule shall be available in the Township office and may be amended only by the Township Board.
Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application.
Prior to construction of subdivision and project improvements, the contractor shall procure and maintain, during the life of any contract or agreement for such construction, insurance as required under Township engineering design and standards.
The contractor shall furnish a two-year maintenance bond in accordance with the required agencies.
The Township Board may authorize a variance from the regulations when, in its opinion, undue hardship may result from strict compliance. In making its findings, as required herein below, the Township Board shall take into account the nature of the proposed use of land and 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 upon traffic conditions in the vicinity. No variance shall be granted unless the Township Board makes one or more of the following findings:
That there are special circumstances or conditions affecting said property such that the strict application of this Part 1 would deprive the applicant of the reasonable use of his land.
That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
That the granting of the variance will not be detrimental to the public welfare or injurious to other property or territory in which said property is situated.
[Amended 6-8-1999 by Ord. No. 81]
Any person, firm or corporation or anyone acting on behalf of said person, firm or corporation who shall violate the provisions of this Part 1 shall be responsible for a municipal civil infraction, and subject to a civil fine as set forth in Chapter 1, Article I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the judge or magistrate shall be authorized to issue a judgment, writ or order necessary to enforce or enjoin violation of the ordinance. Each day that a violation is permitted to exist shall constitute a separate violation.