§ 3.01
Previous to the filing
of an application for conditional approval of the preliminary plat
the subdivider shall submit to the City Planning Director plans and
data as specified in Chapter VI, § 6.00. The Planning Director
will act as a clearinghouse and forward the information to all concerned
departments for their recommendations.
§ 3.02
Within 15 days, the City Planning
Director shall inform the subdivider in writing that the plans and
data as submitted or as modified do or do not meet the objectives
of these regulations. When the City Planning Director finds the plans
and data do not meet the objectives of these regulations he/she shall
express the reasons therefor in writing. No commitments can be made
by the City Planning Director at this stage as to the official acceptance
of the preliminary plat. Appeal from the findings of the Planning
Director may be made to the City Planning Commission.
§ 3.11
On reaching conclusions
informally, as recommended in § 3.00 above, regarding his
general program and objectives the subdivider shall cause to be prepared
by a registered professional engineer or surveyor a preliminary plat,
together with improvement plans and other supplementary material as
specified in Chapter VI.
§ 3.12
Five copies of the preliminary plat
and supplementary material shall be submitted to the Planning Department
with written application for conditional approval at least two weeks
prior to the meeting of the Planning Commission at which it is to
be considered.
§ 3.13
The preliminary plat will be checked
by the Planning Department as to its conformity with the Major Street
Plan, Land Use Plan and the principles, standards and requirements
hereinafter set forth. Copies of said preliminary plat will be referred
by the Planning Department to the City Engineer, the Traffic Engineer,
the Utilities Director, the Health Officer and the public utility
companies involved for study and recommendation on items within their
jurisdiction. Said recommendations shall be made in writing within
two weeks.
§ 3.14
On the basis of the recommendations
of the appropriate departments and its own investigations, the Planning
Commission shall determine whether the lands are suitable for platting
purposes. Lands subject to flood or deemed to be topographically unsuitable
because of relief, drainage, soil character or other conditions shall
not be platted for residential purposes nor for such other uses as
may increase danger to health, life or property or aggravate erosion
or flood hazard.
§ 3.15
The Planning Commission shall, within
40 days of its first meeting after receiving the Plat, conditionally
approve or disapprove the preliminary plat, or approve it with modifications,
noting thereon any changes that will be required. If the preliminary
plat be disapproved, the reasons therefor shall be presented in writing
to the subdivider. The action of the Planning Commission shall be
noted on two copies of the preliminary plat, referenced and attached
to any conditions determined. One copy shall be returned to the subdivider
and the other retained by the Planning Commission. Similar copies
will be transmitted to the City Engineer, the Traffic Engineer, and
where appropriate, to the Utilities Director and the Health Officer.
Appeal from the action of the Planning Commission may be made to the
City Commission.
§ 3.16
Conditional approval of a preliminary
plat shall not constitute approval of the final subdivision plat.
Rather it shall be deemed an expression of approval to the layout
submitted on the preliminary plat as a guide to the installation of
streets, sewers and other required improvements and the preparation
of the final plat. Conditional approval is effective for one year
unless extended by the Planning Commission.
§ 3.21
The final plat shall
conform substantially to the preliminary plat as approved, and, if
desired by the subdivider, it may constitute only that portion of
the approved preliminary plat which he/she proposes to record and
develop at the time; provided, however that such conforms to all requirements
of these regulations.
§ 3.22
Application for approval of the final
plat shall be submitted in writing to the Planning Department at least
two weeks prior to the meeting of the Planning Commission at which
it is to be considered. The application shall be accompanied by a
fee of $60 to be deposited with the City Treasurer by the subdivider
to provide for the expense of inspections of lands, checking of the
plat and fees required to be paid under the State Plat Act.
§ 3.23
Five litho prints on cloth of the
final plat and other exhibits required for approval shall be submitted
to the Planning Commission within one year after approval of the preliminary
plat; otherwise such approval shall become null and void unless an
extension of time is applied for and granted by the Planning Commission.
§ 3.24
The final plat will be checked by
the Planning Department for compliance with the formal provisions
of these regulations. Copies of the final plat will be referred by
the Planning Department to the City Engineer, the Traffic Engineer,
the Utilities Director, the Health Officer and the public utility
companies involved for their final study and recommendations on matters
within their jurisdiction.
§ 3.25
The above mentioned officials will,
within two weeks, return the said copies of the final plat together
with a two-fold certificate showing (a) the technical details within
their jurisdiction have been checked and found satisfactory, and (b)
all required improvements within their jurisdiction have been completed
to their satisfaction or that a surety bond has been posted with the
City of Kalamazoo to insure to the City that the improvements will
be completed within two years after approval of the final plat.
§ 3.26
After the foregoing recommendations
and certificates have been received, and provided that the final plat
is found to conform with the preliminary plat as tentatively approved
and the requirements of the State Plat Act, the Planning Commission
will, within 40 days of its first meeting after receiving the final
plat, enter such approval thereon in writing by the Planning Director.
The approval of the final plat by the Planning Commission shall not
be deemed to constitute or effect an acceptance by the public of the
dedication of any street or other proposed public way or space shown
on said plat.
§ 3.27
After approval by the Planning Commission
said Commission will deliver the five copies of the final plat along
with certification of title, consisting of either an attorney's
opinion or title insurance, to the City Commission for approval and
necessary action on any proposed dedications. If the City Commission
shall approve the final plat, it shall cause to be transcribed upon
the plat its certificate of approval. Action by the City Commission
to approve or disapprove the final plat shall be taken within 14 days
after the action of the City Planning Commission.
§ 3.28
The City Clerk shall deliver the five
copies of the final plat together with a fee of $10 to the Kalamazoo
County Plat Board. When said Plat Board has approved the final plat,
the Board will endorse its approval thereon and will forward the five
copies to the office of the Auditor General with a fee of $10. If
and when the final plat has been approved by the Auditor General,
and copies are returned by him/her to the County Register of Deeds
and to the City Clerk, the subdivision will be recorded as a plat
of record.
