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Subdivision I. In General
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[Code 1975, § 30-18; Code 1992, § 26-31]
The preparation of a subdivision for platting shall be carried
out through three stages, including a preliminary investigation, preliminary
plat and final plat, and in accordance with the procedure set out
in this division.
[Code 1975, § 30-19; Code 1992, § 26-32]
Prior to the preparation of a preliminary plat, the subdivider
shall meet informally with the Planning Director and Director of Public
Works to investigate the procedures and standards of the City with
reference to this article and the City's Master Plan, as they
affect the area in which the proposed subdivision is to be located.
The subdivider shall concern himself or herself with the following
factors:
(1)
The area for the proposed subdivision shall be properly zoned for
the intended use.
(2)
An investigation of existing schools and the public open spaces,
including parks and playgrounds, to serve the proposed subdivision
shall be made by the subdivider.
(3)
The relationship of the proposed subdivision with respect to major
thoroughfares and plans for widening of thoroughfares and to local
street patterns shall be investigated by the subdivider.
(4)
Standards for sewage disposal, water supply and drainage of the City
and the state shall be investigated by the subdivider.
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Subdivision II. Preliminary Plat
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[Code 1975, § 30-26; Code 1992, § 26-46]
(a)
Before making or submitting a final plat for approval, the subdivider
shall make a preliminary plat and submit copies to authorities as
provided in this subdivision. There shall be two approvals required
on the preliminary plat: tentative preliminary plat approval and final
preliminary plat approval. The tentative preliminary plat approval
is necessary in order to permit the subdivider to submit copies of
the preliminary plat to the proper authorities as required in the
Land Division Act (MCL 560.101 et seq.).
(b)
After approval of the preliminary plat by the appropriate authorities
as required by Section 111 of the Land Division Act (MCL 560.111),
the developer may then request final preliminary plat review by the
Planning Commission and approval by the City Council. Final preliminary
plat approval by the City Council is required before the developer
will be allowed to file the final plat of the subdivision with the
Planning Commission.
[Code 1975, § 30-27; Code 1992, § 26-47]
(a)
Identification and description. The preliminary plat shall include
the following:
(1)
Proposed name of the subdivision.
(2)
Location, by section, town and range or by other legal description.
(3)
Name and address of the subdivider and the name, address and
seal of the surveyor who prepared it, all legibly printed or typewritten.
The subdivider shall indicate his or her interest in the land as to
whether it is a land contract interest or if he or she owns the property
in fee.
(4)
The scale of the plat of one inch equals 100 feet, which shall
be the minimum acceptable scale.
(5)
Date.
(6)
North point.
(b)
Existing conditions. The preliminary plat shall include the following:
(1)
An overall area map showing the relationship of the subdivision
to its surroundings.
(2)
Location of the proposed subdivision in relation to schools,
shopping, parks and other community facilities.
(3)
Boundary line of the proposed subdivision and section or corporation
lines within or adjacent to the tract.
(4)
Adjacent tracts of subdivided and unsubdivided land shown in
relation to the tract being proposed for subdivision.
(5)
Location, width and names of existing or prior platted streets
and private streets and public easements within or adjacent to the
tract being proposed for subdivision.
(6)
Location of existing sewers, water mains, storm drains and other
underground facilities within or adjacent to the tract being proposed
for subdivision.
(c)
Proposed conditions. The preliminary plat shall include the following:
(1)
Layout of streets, indicating proposed street names, right-of-way
widths and connections with adjoining platted streets and also the
widths and locations of alleys, easements and public walkways.
(2)
Layout, numbers and dimensions of lots, including building setback
lines showing dimensions.
(3)
Indication of parcels of land intended to be dedicated or set
aside for public use or for the use of property owners in the subdivision
or lands set aside for future street connections to adjacent tracts.
(4)
The developer shall indicate the proposed systems for public
sanitary sewage disposal, public water supply and storm drainage by
submitting a copy of the plat showing the proposed installations.
[Code 1975, § 30-28; Code 1992, § 26-48]
(a)
City Clerk. Four copies of the preliminary plat of the proposed subdivision,
together with a written application, shall be submitted to the City
Clerk.
(b)
Planning Director. Nine copies of the preliminary plat of the proposed
subdivision, together with a written application in triplicate, shall
be submitted to the City Planning Director for presentation to the
Planning Commission. Submittal to the Planning Director shall be at
least 20 days prior to the regular Planning Commission meeting at
which the subdivider will be scheduled to appear. The Planning Commission
will act on the preliminary plat within 30 days after such meeting.
(c)
Director of Public Works. One copy of the preliminary plat shall
be submitted to the Director of Public Works for review and recommendation.
[Code 1975, § 30-29; Code 1992, § 26-49]
(a)
The Planning Director shall receive and check for completeness the
subdivision preliminary plat and, if complete, place the proposal
on the agenda of the next Planning Commission meeting. Should any
important data be omitted, the Planning Director shall notify the
subdivider of the additional data required and delay submission to
the Planning Commission until the required data is received.
(b)
It shall be the duty of the Planning Director to send notice to the
owners of land immediately adjoining the property proposed to be platted
of the presentation of the plat and the time and place of the meeting
of the Planning Commission, not less than five days before the date
fixed therefor.
(c)
The Planning Commission shall review all details of the proposed
subdivision within the framework of the various elements of the Master
Plan and for conformity with the standards of this article.
(d)
Land requirements for public uses within the framework of the Master
Plan shall be considered in the review of each preliminary plat submitted.
(e)
Should the Planning Commission reject the preliminary plat, it shall
record the reasons in the minutes of the meeting. A copy of the minutes
shall be sent to the subdivider.
(f)
Should the approval be a conditional approval, the subdivision layout shall not be forwarded to the City Council until such conditions have been satisfied by the subdivider. The revised layout shall follow the submittal procedure indicated under Subsection (a) of this section.
(g)
Should the Planning Commission find that all conditions have been
satisfactorily met, it shall give tentative approval of the preliminary
plat to the subdivider. The Planning Director shall make a notation
to that effect on each copy of the preliminary plat, returning one
copy to the subdivider and forwarding three copies to the City Council,
with a recommendation for tentative preliminary approval, one copy
to the Director of Public Works, one copy to the City Treasurer and
one copy to the City Assessor and retaining two copies for the Planning
Commission files.
[Code 1975, § 30-30; Code 1992, § 26-50]
(a)
The City Council shall not review a subdivision preliminary plat
until it has received the review and recommendation of the Planning
Commission. Following the receipt of such recommendations, the City
Council shall consider the plat at a regularly scheduled meeting and
shall tentatively approve or reject the preliminary plat within 90
days of the date of filing of such plat.
(b)
Should the City Council give the preliminary plat tentative approval,
it shall be deemed to confer upon the subdivider the right to proceed
with submission of preliminary plats to other agencies, as applicable,
and as required in Section 111 of the Land Division Act (MCL 560.111).
(c)
Tentative approval shall not constitute approval of the preliminary
plat.
(d)
The tentative approval of the preliminary plat by the City Council
shall be effective for a period of 12 months. Such tentative approval
may be extended if applied for by the proprietor and granted by the
City Council in writing.
[Code 1975, § 30-31; Code 1992, § 26-51]
(a)
The proprietor must submit a list to the City Clerk certifying that
copies of the subdivision preliminary plat have been submitted to
all proper authorities as required by Section 111 of the Land Division
Act (MCL 560.111). He or she must also submit all approved copies
of the preliminary plat to the City Clerk after necessary approvals
have been secured.
(b)
After the proprietor has received approvals as specified in Subsection (a) of this section, he or she shall so notify the Planning Director, who shall then review the preliminary plat and determine if the subdivider has met the requirements for final approval of the preliminary plat, and the Planning Director shall then place the preliminary plat on the agenda of the next Planning Commission meeting. Should any important data be omitted, the Planning Director shall notify the subdivider of the additional data required and delay submission to the Planning Commission until the required data is received.
(c)
After receiving the necessary approved copies of the preliminary
plat and the recommendations of the Planning Commission and the Planning
Director, the City Council shall approve or reject the preliminary
plat at its next regularly scheduled meeting.
(d)
The Planning Director shall promptly notify the proprietor in writing
of the action taken by the City Council and, if the preliminary plat
is rejected, shall give the reasons for the rejection.
(e)
Should the City Council give final approval to the preliminary plat,
it shall be deemed to confer upon the subdivider the right to proceed
with the preparation of the final plat as specified in this division.
(f)
Final approval of the preliminary plat shall not constitute approval
of the final plat. It shall be deemed as approval of the layout submitted
on the preliminary plat as a guide to the preparation of a final plat.
(g)
The final approval of the preliminary plat by the City Council shall
be effective for a period of two years. The two-year period may be
extended if applied for by the proprietor and granted by the City
Council in writing. Written notice of the extension shall be sent
by the City Council to the other approving authorities as specified
in the Land Division Act (MCL 560.101 et seq.).
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Subdivision III. Final Plat
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[Code 1975, § 30-38; Code 1992, § 26-61]
(a)
The final plat of a subdivision shall comply with the provisions
of the Land Division Act (MCL 560.101 et seq.) and this article.
(b)
The final plat shall conform substantially to the preliminary plat
as approved and may constitute only that portion of the approved preliminary
plat which the subdivider proposes to record and develop at the time;
provided, however, such portion conforms to this article.
(c)
The subdivider shall submit such evidence of title, either an opinion
from an attorney as to title showing any interest of record, or shall
furnish an abstract title certified to date or, at the option of the
subdivider, a policy of title insurance for examination in order to
ascertain as to whether or not the proper parties have signed the
plat.
(d)
A final plat shall not be accepted after the date of expiration of
the preliminary plat approval.
[Code 1975, § 30-39; Code 1992, § 26-62]
The subdivider shall file the final plat with the City Clerk,
at least 10 days prior to the regular Planning Commission meeting
at which he or she will be scheduled to appear, and deposit with the
City Clerk such sum of money as the City Council may establish by
resolution to provide for the expense of inspection of lands and for
fees required by the Land Division Act (MCL 560.101 et seq.).
[Code 1975, § 30-40; Code 1992, § 26-63]
(a)
The subdivision final plat documents shall be transmitted to the
Planning Commission for review as to compliance with this article,
the approved preliminary plat, and approval by authorities as specified
in the Land Division Act (MCL 560.101 et seq.).
(b)
Should the Planning Commission find that the final plat is in agreement
with the preliminary plat and has been properly approved by necessary
authorities, it shall approve the final plat and notify the City Council
of such action in its official minutes.
(c)
Should the Planning Commission find that the final plat does not
conform substantially to the previously approved preliminary plat
or has not met the requirements as specified in the Land Division
Act (MCL 560.101 et seq.) and that it is not acceptable, it shall
record the reasons in its official minutes and forward the reasons
to the City Council with the recommendation that the City Council
disapprove the final plat until the objections causing disapproval
have been corrected by the subdivider.
[Code 1975, § 30-41; Code 1992, § 26-64]
(a)
The City Council shall review all recommendations of the Planning
Commission and take action to approve or disapprove the subdivision
final plat at its first regularly scheduled meeting after Planning
Commission approval or disapproval.
(b)
Following approval of the final plat by the City Council, the subdivider
shall follow the procedures set forth in the Land Division Act (MCL
560.101 et seq.).
(c)
Upon receipt of the guarantee of the construction of required improvements,
the Clerk shall transcribe a certificate of approval of the plat by
the City Council and deliver all plats to the Clerk of the county
plat board, whereupon the subdivider may commence with the construction
of improvements as required by the City.
(d)
As a condition of final plat approval, the City Council may require
copies of agreements, covenants or other documents showing the manner
in which areas reserved for common use of residents of the subdivision
are to be maintained.
