This article establishes and defines the improvements which
the proprietor will be required to provide as conditions for beginning
construction and final plat approval; outlines the procedures and
responsibilities of the proprietor and the various public officials
and agencies concerned with the planning, design, construction, financing,
and administration of improvements; and establishes procedures for
assuring compliance with these requirements.
A.
Standards.
(1)
Improvements shall be provided in accordance with this article and/or
with any other applicable standards and requirements which may from
time to time be established by the Township Board of Trustees or by
any of the various Township departments or county and state agencies,
in the form of ordinances or published rules.
(2)
The improvements required under this article shall be considered
the minimum acceptable improvements.
B.
Preparation of plans. The proprietor shall have a registered engineer prepare a complete set of construction plans for streets, utilities, and other improvements required in § 12-33. The construction plans shall conform to the preliminary plat as finally approved by the Township Board of Trustees. Construction plans are subject to approval by the responsible public agencies and shall be prepared in accordance with their standards and specifications.
C.
Timing of improvements. No grading, removal of trees or other vegetation,
landfilling, construction of improvements, or other material change
except for that which is required by any of the reviewing agencies
for purpose of aiding in their review of the final preliminary plat,
shall commence on the subject property until the proprietor has:
(1)
Received a written notice from the Clerk that the Township Board
of Trustees has given final approval to the preliminary plat.
(2)
Entered into a subdivision agreement with the Township Board of Trustees
for completion of all improvements required in the preliminary plat
as finally approved.
(3)
Deposited with the Township a contingency/protection and repair security
as required by this chapter for the provision of improvements.
(4)
Received a certificate of approval or similar evidence of approval
of the engineering plans from the Township Engineer. Where approval
of such plans must be obtained from the County Road Commission, County
Drain Commissioner, County Health Department, or other county or state
agency, the proprietor shall provide evidence of such approvals to
the Township Engineer prior to his report and recommendation to the
Township Board of Trustees. Such plans and approvals shall include
those for soil erosion and sedimentation controls.
D.
Phasing. Where a subdivision is to be developed in phases, the provisions
of this article shall apply to each phase. However, improvements and
financial guarantees therefor may be required to extend beyond the
boundaries of a subdivision if such extension is necessary to insure
the relative self-sufficiency of the phase pending completion of the
entire subdivision. Such extensions, schedules, and similar arrangements
shall be set forth in an agreement between the proprietor and the
Township Board of Trustees prior to final approval of the preliminary
plat.
A.
Required prior to construction.
(1)
Engineering drawings of all required improvements shall be reviewed
and approved by the Township Engineer. Improvements to be made under
the jurisdiction of the County Road Commission, County Drain Commissioner,
or other county or state agencies shall also be submitted to the appropriate
agency for review and approval. Where review and approval of engineering
drawings is made by a county or state agency, the Township Engineer
shall obtain written confirmation of such approvals.
B.
Modification during construction. All installations and construction
shall conform to the approved engineering drawings and the preliminary
plat as finally approved by the Township Board of Trustees. However,
if the proprietor chooses to make minor modifications in design and/or
specifications during construction, he shall make such changes at
his own risk, without any assurance that Pittsfield Township or other
public agency will approve the completed facility. It shall be the
responsibility of the proprietor to notify the appropriate agency
of any changes from the approved drawings. The proprietor may be required
to correct the installed improvements so as to conform to the approved
engineering drawings.
C.
As-built drawings. The proprietor shall submit to the Township Engineer
one reproducible copy of as-built engineering drawings of each of
the required improvements that have been completed and approved by
the Township. Each set of drawings shall be certified by the proprietor's
engineer. This provision does not apply to improvements made under
the jurisdiction of other public agencies.
D.
Construction schedule. The proprietor shall submit to the Township
Engineer, to all approving agencies and to the public utility companies
that will service the subdivision, prior to final approval of the
preliminary plat, a general schedule of the timing and sequence for
the construction of all required improvements. The schedule shall
meet the procedural requirements and inspection needs of the Township,
county, and state agencies.
The proprietor shall be required to install the following improvements
in accordance with the conditions and specifications of this chapter.
A.
Monuments. Monuments and iron pipe lot corners shall be set in accordance
with the Land Division Act and the rules of the State Department of
Treasury.
B.
Streets and alleys. All streets, curbs, gutters, and alleys shall be constructed in accordance with the standards and specifications of the County Road Commission and as provided in § 12-15 of this chapter.
C.
Public utilities. Public utilities placed in street rights-of-way shall be located in accordance with County Road Commission requirements and § 12-15 of this chapter.
(1)
Storm drainage.
(a)
An adequate storm drainage system, including necessary storm sewer
drain inlets, manholes, culverts, bridges and other appurtenances,
shall be required in all subdivisions, and shall be provided by the
proprietor.
(b)
All proposed storm drainage construction plans shall be approved
by Pittsfield Township, the Washtenaw County Drain Commissioner and
the Washtenaw County Road Commission where applicable. Construction
shall follow the current rules, regulations, specifications and procedures
promulgated by the State of Michigan, Pittsfield Township, the Washtenaw
County Drain Commissioner and where applicable the Washtenaw County
Road Commission.
(2)
Water supply system.
(a)
A proposed subdivision that is located in the Township's water
and sewer service district shall connect to the Township water system.
The proprietor shall provide, at his or her expense, all the required
water lines and appurtenances. All elements of the installations shall
conform to the current rules, regulations, specifications and procedures
promulgated by the State of Michigan and Pittsfield Township.
(b)
Individual wells may be permitted in proposed subdivisions that are
not located in the Township water and sewer service district in accordance
with the current rules, regulations, specifications and procedures
promulgated by the State of Michigan and the Washtenaw County Environmental
Health Division.
(3)
Sanitary sewer system.
(a)
A proposed subdivision that is located in the Township's water
and sewer district shall connect to the Township's water and
sewer system. The proprietor shall provide, at his or her expense,
all required sanitary sewers and their appurtenances in compliance
with the current rules, regulations, specifications and procedures
promulgated by the State of Michigan and Pittsfield Township.
(b)
If the proposed subdivision is not located in the Township's
water and sewer service district, septic tanks and disposal fields
on individual lots may be permitted if in compliance with the current
rules, regulations, specifications and procedures promulgated by the
State of Michigan and the Washtenaw County Environmental Health Division.
(4)
Gas, wire, and cable utilities. The proprietor shall arrange for all lines for telephone, electric, television, and other similar services distributed by wire or cable to be installed underground and may arrange for gas distribution facilities throughout a subdivided area. Overhead lines and facilities may be permitted as set forth in § 12-21C.
D.
Street name signs. Street name signs shall be installed by the Washtenaw
County Road Commission at the expense of the proprietor. Temporary
street signs with contrasting characters at least six inches in height
shall be installed before any building permits are issued and must
remain installed in a sound manner until Washtenaw County Road Commission
street name signs are installed.
E.
Sidewalks and pedestrianways. Sidewalks and pedestrianways shall be provided by the proprietor in accordance with § 12-18 of this chapter.
F.
Recreation sites. Sites for recreation facilities shall be provided by the proprietor as set forth in § 12-23 of this chapter.
G.
School sites. Sites for schools shall be provided by the proprietor as set forth in § 12-23 of this chapter.
H.
Trees and landscaping. Trees and landscaping shall be provided by the proprietor in accordance with § 12-29 of this chapter.
I.
Streetlighting. Streetlighting shall be located and installed in accordance with public utilities or community recommendations and § 12-30 of this chapter.
J.
Driveways. All driveway openings, from the street surface edge to
the property line, shall be installed in conformance to standards
of the Washtenaw County Road Commission, or, when applicable, to standards
of the Michigan Department of Transportation.
K.
Erosion and sedimentation control. Installation and maintenance of erosion and sediment control measures shall comply with the requirements of Chapter 8, Environment, Article II, Erosion and Sedimentation Control, of the Code of Pittsfield Charter Township, must be accomplished by the proprietor as specified in the preliminary plat as finally approved and are subject to fees and financial guarantees of performance established by Pittsfield Township.
A.
Purpose. It is the intent of this section to ensure that the proprietor
(and not the Township) bears the cost for all improvements depicted
on the preliminary plat as finally approved by the Township Board
of Trustees which are under the jurisdiction of the Township and that
those improvements meet the required standards and specifications
at the time the development is completed. This section shall only
apply to improvements under the jurisdiction of Pittsfield Charter
Township. Providing a financial security to the Township does not
relieve the proprietor of the responsibility to complete all improvements
depicted on the preliminary plat as finally approved by the Township
Board of Trustees. In the event the Township elects to use a guarantee
for completion, repair or cleanup, any and all costs incurred by the
Township to cause completion, repair or cleanup, including but not
limited to administration, inspection and attorney fees, in excess
of the guarantee shall be the responsibility of the proprietor.
B.
Performance guarantee.
(1)
A performance guarantee shall be provided to the Township before
the Township Board of Trustees grants final approval of the preliminary
plat.
(2)
The performance guarantee shall cover the following:
(a)
Contingency expenses that might occur due to failures to defects
in construction of any improvement required on the preliminary plat
as finally approved by the Township Board of Trustees.
(b)
Damage that might occur during construction to existing improvements,
facilities, and features on and around the construction site or to
adjacent properties.
(c)
Cleaning of construction debris from the subdivision or adjacent
properties.
(3)
The amount required for the performance guarantee shall be 10% of
the estimated cost to complete all site improvements required on the
preliminary plat as finally approved by the Township Board of Trustees.
The estimated cost shall be provided in a signed and sealed letter
from an engineer registered in the State of Michigan and verified
by the Township Engineer.
(4)
The performance guarantee shall remain posted with the Township for
at least six months after subdivision completion occurs as defined
in this chapter. Any remaining guarantee shall be returned to the
proprietor within one year of subdivision completion.
(5)
If any improvement depicted on the preliminary plat as finally approved
by the Township Board of Trustees fails due to defects in construction,
is damaged during construction, or if the construction debris is not
promptly removed from the subdivision or neighboring properties, the
Township may at its discretion either require the proprietor to make
such corrections within a reasonable time period, or the Township
may complete such work within the period of time required by the conditions
of the guarantee. The Board shall reimburse itself for the cost and
expenses thereof by appropriating the performance guarantee.
C.
Completion guarantee.
(1)
The proprietor shall provide the Township a completion guarantee
before the Township Board of Trustees approves the final plat and
before any building permits are issued. In lieu of providing the completion
guarantee, the proprietor may complete all improvements. A completion
guarantee shall guarantee completion of all site improvements depicted
on the preliminary plat as finally approved that have not been installed
and without certificates of completion by the Township prior to the
date of application for final plat approval and building permits.
(2)
The amount required for the completion guarantee shall be an amount
equal to the estimated cost to complete all site improvements required
on the preliminary plat as finally approved by the Township Board
of Trustees plus 10% of the estimated cost to cover administrative
expenses. The estimated cost shall be provided in a letter signed
and sealed by a professional engineer registered in the State of Michigan
and verified by the Township Engineer.
(3)
The completion guarantee shall remain posted with the Township until
all the subdivision is complete as defined in this chapter. The guarantee
shall be promptly released upon completion of all the remaining improvements
depicted on the finally approved preliminary plat. Portions of the
completion guarantee may be released by the Township Treasurer in
up to three installments upon recommendation of the Township Engineer
or the Zoning Administrator.
(4)
If the proprietor fails to complete such work within the period of
time required by the conditions set forth in a subdivision development
agreement between the Township and the proprietor or by the conditions
of the guarantee for the completion of improvements under the jurisdiction
of Pittsfield Township, the Township Board of Trustees shall have
the authority to have such work completed. In order to accomplish
this, the Board shall reimburse itself for the cost and expenses thereof
by appropriating the cash deposit, certified check, or irrevocable
bank letter of credit, which the proprietor may have deposited in
lieu of a surety bond, or may take such steps as might be necessary
to require performance by the bonding surety company, and as included
in the written agreement between the Board and the proprietor.
D.
Forms of acceptable financial guarantees.
(1)
Performance or surety bond.
(a)
Accrual. The bond shall accrue to the Pittsfield Township Board
of Trustees to cover all Township costs incurred to perform the listed
guarantee.
(b)
Bonding or surety company. The bond shall be a surety company
authorized to do business in the State of Michigan.
(c)
Bonds must automatically renew for one-year increments unless
the bonding or surety company sends the Township a written notice
of its intentions to not renew the bond by certified mail not less
than 60 days prior to the expiration of the bond.
(2)
Cash deposit, certified check, or irrevocable bank letter of credit.
(a)
A deposit by the proprietor with the Township Clerk in the form
of cash, a certified check or irrevocable letter of credit, whichever
the proprietor selects, shall accrue to the Township Board of Trustees
to cover all Township costs incurred to perform the listed guarantee.
(b)
Letters of credit must automatically renew for one-year increments
unless the issuer of the letter of credit sends the Township a written
notice of its intentions to not renew the letter of credit by certified
mail not less than 60 days prior to the expiration of the bond.
A.
Required. All improvements required by this chapter shall be inspected
by the Township Engineer and where applicable the Township Zoning
Administrator as designated by the Township, except for improvements
made under the jurisdiction of other public agencies, in which case
engineers or inspectors of each agency will make the necessary inspections.
A public agency may authorize the Township, or its agents, to conduct
inspections of the improvements under their jurisdiction by submitting
a written authorization from that agency to the Township before the
Township enters into a subdivision development agreement with the
proprietor and the Township agrees to perform the requested inspections.
If inspections are made by other agencies the proprietor shall provide
to Pittsfield Charter Township written approval of each final inspection
prior to determining the subdivision is complete.
B.
Inspection schedule. It shall be the responsibility of the proprietor
to notify Pittsfield Charter Township or other appropriate public
agency when installations are ready for inspection.
C.
Inspection of improvements under construction. The proprietor shall
pay all costs incurred by Pittsfield Charter Township for inspecting
improvements under the Township's jurisdiction or authorized
by another public agency. Before the Township Board of Trustees grants
final approval to the final preliminary plat a development agreement
between the proprietor and the Township Board of Trustees shall be
entered into to provide for inspecting the construction or installation
of each improvement under its jurisdiction or as authorized by another
public agency.
The proprietor shall bear the final responsibility for the installation
and construction of all required improvements according to the provisions
of this chapter and to the standards and specifications of the various
public agencies.
Approval of installation and construction shall not constitute
acceptance by the Township of the improvement for dedication purposes.
The proprietor shall pay all inspection costs incurred by the
Township according to schedules determined by the Township Board of
Trustees by deposit made at the time of approval of the final plat.
Any funds not used by the Township in its inspections shall be refunded
to the proprietor when the subdivision, or stage thereof, is completed.
The proprietor shall pay to the Township an amount by which the inspection
charges exceed the deposited fee.
The proprietor shall be responsible for removal of all equipment,
material, and general construction debris from the subdivision and
from any lot, street, or public way or property therein or adjacent.
Burning of debris shall not be permitted.
A.
The subdivision shall be deemed complete for the purposes of this
chapter when:
(1)
All
required improvements depicted on the preliminary plat as finally
approved by the Township Board of Trustees under the jurisdiction
of Pittsfield Township have been issued a certificate of completion
by Pittsfield Charter Township.
(2)
The Township has received certification of completion of all improvements
under the jurisdiction of other public agencies from the appropriate
public agencies.
(3)
All
construction debris, equipment and materials attendant to construction
of the subdivision improvements are removed from the subdivision.
B.
Or six months after the issuance of permanent certificates of occupancy
for a principle structure on all lots within depicted on the preliminary
plat as finally approved by the Township Board of Trustees.
