[Code 1975, § 30-2; Code 1992, § 26-1]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ALLEY
A public or private right-of-way shown on a plat which provides
secondary access to a lot, block or parcel of land.
CITY WATER DISTRIBUTION SYSTEM
All water mains, water connections, meters, hydrants and
appurtenances connected with or served by the City water system, whether
lying within or outside the corporate City limits.
[6-26-2017 by Ord. No.
17-005]
CITY WATER SYSTEM
All facilities for pumping, treating, storage and distributing
water.
[6-26-2017 by Ord. No.
17-005]
COLLECTOR STREET
A street intended to serve as a major means of access from
minor streets to major thoroughfares.
COUNTY PLAT BOARD
A Register of Deeds, who shall act as chairperson, the County
Clerk who shall act as secretary, and the County Treasurer.
CUL-DE-SAC STREET
A minor street of short length, having one end open to traffic
and being permanently terminated by a vehicular turnaround.
EASEMENT
A quantity of land set aside, 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 public or private easement, depending
on the nature of the user.
FINAL PLAT
A map of all or part of a subdivision prepared and certified
to its accuracy by a registered engineer or registered land surveyor
of the state. Such maps must meet the requirements of the Land Division
Act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), and be suitable
for recording by the County Register of Deeds.
FLOODPLAIN
That area of land adjoining the channel of a river, stream,
watercourse, lake or other similar body of water which will be inundated
by a flood which can reasonably be expected for that region.
IMPROVEMENTS
Street pavements, curbs, gutters, sidewalks, crosswalks,
water mains, sanitary and storm sewers, street trees, street signs
and other appropriate physical features.
LAND
All land areas occupied by real property.
LOT
A measured portion of a parcel or tract of land which is
described and fixed in a recorded plat.
LOT SPLIT
The division of a parcel of land, the boundaries of which
are fixed in a recorded plat, into more than one but less than five
lots or tracts.
MAJOR THOROUGHFARE
An arterial street which is intended to serve as a large
volume trafficway for both the immediate area and region beyond and
may be designated in the major thoroughfare plan as a "major thoroughfare,"
"parkway," "freeway," expressway" or equivalent term to identify those
streets comprising the basic structure of the street plan.
MARGINAL ACCESS STREET
A minor street parallel and adjacent to a major thoroughfare
which provides access to abutting properties and protection from through
traffic.
MASTER PLAN
The Comprehensive Plan, including graphic and written proposals
indicating the general locations recommended for streets, parks, schools,
public buildings, zoning districts and all physical developments of
the City 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 and/or the City Council.
MINOR STREET
A street intended to serve the local needs of the neighborhood
and of limited continuity used primarily as access to abutting residential
properties.
OUTLOT
When included within the boundary of a recorded plat, a lot
set aside for purposes other than a development site, park or other
land dedicated to public use or reserved for private use.
PARCEL
A continuous area or acreage of land which can be described
as provided for in this article.
PLAT
A map or chart of a subdivision of land.
PRELIMINARY PLAT
A map showing the salient features of a proposed subdivision
submitted to the Planning Commission and City Council for purposes
of preliminary consideration.
PUBLIC SEWER
A sewer system, as defined in Section 4101 of Public Act
No. 451 of 1994 (MCL 324.4101), and specifically the City's sewage
collection and treatment system.
PUBLIC UTILITY
All persons or municipal or other public authorities providing
gas, electricity, water, steam, telephone, sewer or other services
of a similar nature.
PUBLIC WALKWAY
A dedicated public right-of-way for the purpose of pedestrian
access throughout residential areas, and located so as to connect
two or more streets, or a street and a public land parcel.
REPLAT
The process of changing or the map or plat which changes
the boundaries of a recorded subdivision plat or part thereof. The
legal dividing of an outlot within a recorded subdivision plat, without
changing the exterior boundaries of the outlot, is not a replat.
SERVICE CONNECTION
A connection serving a single customer consisting of one
water connection, necessary piping, one curbstop and one meter.
[6-26-2017 by Ord. No.
17-005]
STREET
A right-of-way dedicated to public use which provides vehicular
and pedestrian access to adjacent properties, whether designated as
a street, highway, thoroughfare, parkway, road, avenue, drive, lane
or however otherwise designated, and including the land between the
right-of-way lines, whether improved or unimproved.
SUBDIVIDER
A person, firm, association, partnership, corporation or
any legal combination of them or any other legal entity proceeding
under this article to effect a subdivision of land for himself, herself
or for another; also known as "proprietor."
SUBDIVIDE and SUBDIVISION
The partitioning or splitting 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
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 the Land Division
Act by MCL 560.108 and 560.109. The terms "subdivide" and "subdivision"
do 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 and the requirements of all applicable City ordinances.
SURVEYOR
Either a land surveyor who is registered in this state as
a registered land surveyor or a civil engineer who is registered in
the state as a registered professional engineer.
TOPOGRAPHICAL MAP
A map showing existing physical characteristics with contour
lines at sufficient intervals to permit determination of proposed
grades and drainage.
TURNAROUND STREET
A minor street of short length with two openings to traffic
with a boulevarded median strip in the center, beginning from the
same street, and projecting parallel to each other and connecting
at their termination by a loop.
WATER CONNECTION
That part of the City water distribution system at the point
where the service connection joins the water main for the premises
being served. Also known as a "corporation stop."
[6-26-2017 by Ord. No.
17-005]
WATER MAIN
That part of the City water distribution system located within
easement lines or streets designated to supply more than one water
connection.
[6-26-2017 by Ord. No.
17-005]
[Code 1975, § 30-3; Code 1992, § 26-2]
The sections of this article 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. The regulations prescribed
by this article 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, except that this article
shall prevail when the sections of this article impose a greater restriction
than is provided by existing statutes, laws or regulations.
[Code 1975, § 30-4; Code 1992, § 26-3; 5-27-2003 by Ord. No. 1210; 6-26-2017 by Ord. No. 17-005]
(a) Generally. The division of any parcel of land, including those the
boundaries of which are fixed by a recorded plat, into more than one
but less than five lots or tracts may be permitted and shall be subject
to and comply with the provisions and procedures set forth in this
section.
(b) Filing of application and survey. The applicant shall submit to the
Planning Director who, together with the Director of Public Works,
City Treasurer and City Assessor, shall review the following:
(1)
One copy of the application.
(2)
One copy of the survey of the proposed lot split, having a scale
of not less than one inch to 50 feet, containing the data required
under Subsection (c) of this section. Survey must be prepared, stamped
and signed by a registered surveyor.
(c) Contents of survey. The survey of the proposed lot split shall include
the following data:
(1)
Name and address of the applicant.
(2)
The date of the survey, North arrow and the scale.
(3)
Boundary lines and area of the parcel to be split.
(4)
Names of all streets, rights-of-way and roadways of all existing
or proposed streets within or abutting the parcel proposed to be split.
(5)
All existing structures and physical features which would influence
the layout and design of the proposed lot split.
(6)
Location, width and purpose of existing and proposed easements.
(7)
Legal description of existing parcels to be split.
(8)
Proposed legal description of each parcel.
(d) Fee. The fee for a lot split shall be adopted by resolution of the
City Council and amended, as necessary, by resolution of the City
Council.
(e) Application approval. The City Assessor, Director of Public Works,
City Treasurer and the Planning Director shall jointly approve the
application, provided it is in conformance with all ordinances and
administrative rules and regulations of the City.
(f) Disapproval of application. The reasons for any disapproval of an
application shall be stated, and the applicant shall have the privilege
of submitting a revised proposal.
(g) Conditional approval. If the application is approved conditionally,
such condition and the reason therefor shall be stated.
[Code 1975, § 30-5; Code 1992, § 26-4]
Engineering fees, inspection fees, water and sewer connection
charges and other applicable development charges relating to subdivisions
may be provided for by resolution.