Village of Bellevue, MI General Provisions

Emission; exceptions. It shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever to a density greater than that density described as No. 2 on the Ringelmann Chart; provided that the following exceptions shall be permitted:

Smoke, the shade or appearance of which is equal to but not darker than No. 3 on the Ringelmann Chart for a period, or periods, aggregating four minutes in any 30 minutes.

Smoke, the shade or appearance of which is equal to but not darker than No. 3 of the Ringelmann Chart for a period or periods, aggregating three minutes in any 15 minutes, when building a new fire or when breakdown of equipment occurs such as to make it evident that the emission was not reasonably preventable.

Method of measurement. For the purposes of grading the density of smoke, the Ringelmann Chart, as now published and used by the United States Bureau of Mines, which is hereby made a part of this article, shall be the standard. However, the Umbrascope readings of smoke densities may be used when correlated with the Ringelmann Chart.

Dust, dirt and fly ash.

No person, firm or corporation shall operate or cause to be maintained any process for any purpose, or a furnace or combustion device for the burning of coal or other natural or synthetic fuels, without maintaining and operating while using said process or furnace or combustion device, recognized and approved equipment means, method, device or contrivance to reduce the quantity of gas borne or airborne solids of fumes emitted into the open air, which is operated in conjunction with said process, furnace, or combustion device so that the quantity of gas borne or airborne solids shall not exceed 9.29 grains per cubic foot of the carrying medium at a temperature of 500° F.

Method of measurement. For the purpose of determining the adequacy of such devices these conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50% at full load. The foregoing requirement shall be measured by the ASME Test Code for dust-separating apparatus. All other forms of dust, dirt and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. The Zoning Administrator may require such additional data as is deemed necessary to show that adequate and approved provisions for the prevention and elimination of dust, dirt and fly ash have been made.

Open storage:

The open storage of any equipment, vehicles, and all materials, including wastes, shall be screened from public view from public streets and adjoining properties by an enclosure consisting of a wall or an obscuring fence not less than eight feet in height, except as otherwise provided herein. Scrap, junk cars and other junk materials shall not be piled or stacked as open storage to a height in excess of 25 feet. Sand, gravel, aggregate, slag or other materials of this nature, piled or stored outside buildings shall not exceed the height of 40 feet.

Glare and radioactive materials:

Glare from any process which emits harmful rays shall be completely shielded from public view. Radioactive materials and wastes, including electromagnetic radiation such as X-ray machine operation, shall not emit radiation at levels which exceed quantities established as safe by the United States Bureau of Standards, when measured at the property's lot lines.

Fire and explosive hazards:

The storage, utilization or manufacture of materials, goods or products ranging from incombustible to moderate burning, as determined by the fire department, is permitted, subject to compliance with all other performance standards of this chapter.

The storage, utilization, or manufacture of combustible materials, goods, or products ranging from free or active to intense burning, as determined by the fire department, is permitted subject to compliance with all other yard requirements and performance standards of this chapter, providing that the following conditions are met:

Said materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls, which meet the requirements of the Building Code.

All such buildings or structures shall be set back at least 40 feet from lot lines and all such buildings or structures shall be protected throughout by an automatic sprinkler system installed pursuant to the applicable state or local fire code.

The storage and handling of flammable liquids, liquefied petroleum, gases, and explosives shall comply with the state rules and regulations as established by Public Act No. 207 of 1941, as amended (MCLA § 29.2 et seq., MSA § 4.559 et seq.)

Noise:

Noise from any use of property shall not exceed 55 dB(A) as measured at the property line of the use emitting such noise. Exceeding this level shall constitute prima facie evidence that such noise unreasonably disturbs the comfort, quiet and repose of persons in the area. The "dB(A)" represents the sound pressure level in decibels measured on the "A" scale of a standard level meter. Temporary uses such as lawn mowers, snow blowers and portable generators are excepted, provided such uses does not exceed one hour per 24 hours. Portable generators may be utilized for the entire period of a power outage.

§ 155-23.03 Fences and walls.

[Amended 5-27-2014 by Ord. No. 2014-005]

A. General provisions. All fences and walls shall comply with the following standards.

Approval required. No fence or wall shall be erected prior to the submittal of an application to the Zoning Administrator and the issuance of a certificate of zoning compliance. Such an application shall comply with the site plan or plot plan requirements of Article XXII, as applicable, and shall clearly and accurately depict the location, height and construction details for the fence or wall. The Zoning Administrator shall approve a fence or wall application if it complies with the standards of this section and all other provisions of this Zoning Ordinance, except that the Planning Commission shall be the approval body for uses requiring site plan approval.

Finished side. The finished side of a fence or wall shall face the exterior of the property on which it is located, the finished side being that side on which structural, framing and similar less ornamental features are less visible.

Sharp objects/electrification. Fences and walls with barbs, spikes, nails, or other sharp or electrified devices shall be prohibited except where expressly authorized by the Planning Commission during site plan review proceedings, upon the finding of a practical need for such fencing and that such barbs, spikes, nails, or other sharp or electrified devices are a minimum of eight feet above the ground below.

Clear vision. No fence or wall shall be erected along or near a street in such a manner as to obstruct safe, free and clear vision of oncoming traffic or vehicles attempting to access such street or negotiate movement through an intersection.

Gates. No fence or wall shall include gates that open over an alley, public right-of-way or other public property.

Materials and maintenance. Fences and walls shall be constructed of materials designed and intended for such purposes. In no case shall a fence or wall be constructed of tires, vehicle parts, rotting lumber, pallets, glare-producing materials, trash or any materials capable of providing habitat for pests or vermin. All fences and walls shall be maintained in good exterior and structural condition.

(7)

Vertical support heights. Vertical supports of a fence or wall, such as in the case of a post or column, may exceed the maximum specified fence and wall heights of this section by no more than four inches.

(8)

Height increases. Where a use is subject to site plan approval by the Planning Commission, the Planning Commission may grant a maximum 25% increase in the specified maximum fence or wall heights of this section, upon a finding that unique conditions are present that substantiate the need for an increased height. Such unique conditions may pertain to, by example, public safety concerns, special screening issues, or special operational aspects of the use of the lot.

Residential and agricultural districts. Fences and walls in the AG, RA, RB, and RC districts, and any other agricultural and residential districts, shall comply with the following:

Obscuring fences and walls:

Side and rear yards. Obscuring fences and walls are permitted in side and rear yards, subject to the following standards:

Minimum setback. No setback is required except that in the case of a multiple-family development and any nonresidential use, where the Planning Commission determines tree or shrub plantings along the exterior side of the fence or wall are necessary during site plan review proceedings to mitigate impacts or otherwise enhance the character of the development, the Planning Commission may require a setback not to exceed 15 feet.

Maximum height: six feet.

Front yards. Obscuring fences and walls are prohibited in a front yard except as provided below:

In the case of a corner lot, an obscuring fence or wall may be erected along one of the front yards subject to the following limitations:

[a]

Minimum setback. The minimum setback from the front lot line of the yard in which the fence or wall is to be located shall be a minimum of 10 feet.

[b]

Maximum height: six feet.

[c]

Yard selection. The fence or wall shall not be erected in a front yard adjacent to a major street as defined in this chapter, unless both front yards are adjacent to a major street.

[d]

Maximum length. The fence or wall shall not extend along the front yard in which it is located, toward the other front yard, beyond the leading edge of the building's facade facing such other yard.

In the case of a through-lot, an obscuring fence or wall may be erected within one of the front yards subject to the following limitations:

[a]

Minimum setback. The minimum setback from the respective front lot line shall be equal to the district's required minimum front yard setback for the principal building on the lot.

[b]

Maximum height: six feet.

[c]

Yard selection. The fence or wall shall not be erected in a front yard adjacent to a major street as defined in this chapter, unless both front yards are adjacent to a major street.

Ornamental fences and walls:

Side and rear yards. Ornamental fences and walls, including wire-woven, chain-link, and other mesh-like fencing that is commonly used to contain farm animals, are permitted in side and rear yards subject to the following standards:

Minimum setback: No setback is required.

Maximum height: six feet.

Front yards: Ornamental fences and walls are permitted in a front yard, subject to the following standards:

Minimum setback. The minimum setback from the front lot line shall be two feet. No setback is required from side and rear lot lines within a front yard.

Maximum height: four feet.

[3]

Materials and design. Ornamental fences and walls shall be of a minimum 50% open construction for all portions of such fence or wall in excess of three feet in height. "Open construction" shall be construed to mean the allowance of visibility through the fence or wall, measured across any one square foot of its vertical surface and as viewed perpendicularly to the fence or wall.

Exemptions. Fences and walls for the purpose of confining livestock in association with agriculture in the AG District are exempt from the provisions of this Subsection B.

Commercial and industrial districts. Fences and walls in BOS, CBD, GB, I-1 and I-2 Districts, and any other commercial and industrial districts, shall comply with the following:

Obscuring fences and walls:

Side and rear yards. Obscuring fences and walls are prohibited in side and rear yards in the CBD. Obscuring fences and walls are permitted in side and rear yards in the BOS, GB, I-1 and I-2 Districts, and any other commercial and industrial districts, subject to the following standards:

Minimum setback. No setback is required except where the Planning Commission determines tree or shrub plantings along the exterior side of the fence or wall are determined necessary during site plan review proceedings to mitigate impacts or otherwise enhance the character of the development, in which case the setback shall be as determined necessary by the Planning Commission but not to exceed 15 feet.

Maximum height: six feet, except that a maximum height of 10 feet may be approved during site plan review proceedings upon the Planning Commission finding the proposed increased height is necessary due to the nature of the particular use and such increased height shall not unreasonably impact adjacent properties.

Front yards. Obscuring fences and walls in front yards are prohibited in BOS, CBD, GB, and any other commercial districts. Obscuring fences and walls in front yards in I-1, I-2 and any other industrial districts, are prohibited except upon a finding by the Planning Commission during site plan review proceedings that the practical development and use of the site necessitates the use of such obscuring fence or wall in the front yard and that the proposed height, setback, design and construction materials shall be compatible with surrounding conditions. However, in no case shall such fence or wall exceed eight feet in height and be less than 40 feet from the front lot line.

Ornamental fences and walls.

Front yards. Ornamental fences and walls are permitted in a front yard, subject to the following standards:

Minimum setback. No setback is required except where the Planning Commission determines tree or shrub plantings along the exterior side of the fence or wall are necessary during site plan review proceedings to mitigate impacts or otherwise enhance the character of the development, in which case the setback shall be as determined necessary by the Planning Commission but not to exceed five feet in the CBD District and 15 feet in all other districts.

Maximum height. Four feet, except that the Planning Commission may approve fence and wall heights of not greater than six feet during site plan review proceedings, upon a finding that the additional height is in keeping with surrounding conditions, the fence is compatible in design, location and scale with adjacent developed lots, is compatible with site features on adjacent developed lots, and/or otherwise enhances the visual appearance of the site as viewed from adjacent lots and road corridors.

[3]

Materials and design. Any portion of a decorative fence or wall in excess of four feet in height, as may be approved by the Planning Commission according to subsection above, shall be of a minimum 50% open construction. "Open construction" shall be construed to mean the allowance of visibility through the fence or wall, measured across any one square foot of its vertical surface and as viewed perpendicularly to the fence or wall.

Permitted Fence Height and Location

§ 155-23.04 Accessory uses, buildings, and structures.

[Amended 4-10-2012 by Ord. No. 2012-001; 1-22-2018 by Ord. No. 2018-001]

Accessory buildings, structures and uses, except as otherwise permitted in this chapter, shall be subject to the following regulations.

Attached. An accessory building, including carports which are attached to the principal building, shall comply in all respects with the requirements of this chapter applicable to the principal building.

Separation distance. An accessory building or structure unless attached and made structurally a part of the principal building, shall not be closer than 10 feet to any other structure on the lot, except that no separation setback is required in the case of an unenclosed breezeway, or decks, porches, patios and similar features, that do not exceed 30 inches in height at their highest point including posts and railings and do not unreasonably interfere with nonvehicular emergency access.

Placement. Except for fences, accessory buildings and structures are subject to all setback requirements from the street applying to the principal building. Except for docks, boathouses, and pump houses on waterfront lots, accessory buildings shall not be erected in the required front yard setback. Except for fences, no accessory building or structure shall be closer than five feet to any interior side or rear lot line.

Lot coverage. An accessory building or structure shall not occupy more than 30% of the area of a required rear yard and in no instance shall the accessory building or structure exceed the ground floor area of the principal building, except that an accessory building or structure may occupy up to 50% of the area of a rear yard of a nonconforming lot of record, and side and rear yard setbacks are met.

Accessory farm buildings and structures. Accessory buildings on farms in AG Districts are excluded from these regulations, provided; however, residential lots separate from a farm operation shall comply with requirements of this § 155-23.04.

Front yard. In all zones the minimum required front yard setback shall be the same as required for the principal building. A detached accessory building may be located between the minimum required front yard setback and the principal building provided the accessory building is setback from the side yard lot line the same distance as required for the principal building.

§ 155-23.05 Flood hazard areas.

Purpose. It is the purpose of this section to reduce hazards to persons and damage to property as a result of flood conditions in the community, and to comply with the provisions and requirements of the National Flood Insurance Act of 1968, as amended, and subsequent enactments and the rules and regulations promulgated in furtherance of this program by the United States Department of Housing and Urban Development, Federal Insurance Administration, as published in the Federal Register, Vol. 41, No. 207, Tuesday, October 26, 1976.

Flood hazard area delineation.

The flood hazard area shall overlay existing districts on the Zoning Map of the Village. The boundaries of the flood hazard area shall coincide with the boundaries of the areas of special flood hazards (A zones) designated by the Federal Insurance Administration in the Flood Hazard Boundary Maps, which are hereby adopted by reference, and declared to be part of this chapter.

When Flood Hazard Boundary Maps are not available, the flood hazard area boundaries shall coincide with the Intermediate Region Flood designations as established by the United States Army Corps of Engineers, "Floodplain Information" reports, which are hereby adopted by reference, and declared to be a part of this chapter.

Development permits. No new construction of any structure, or the placement of mobile homes or prefabricated buildings, shall occur within a flood hazard area except upon issuance of a zoning compliance permit in accordance with the requirements of this chapter and the following standards:

Applicable permits. In addition to other permits required under this chapter or applicable state or local statute, the following permits shall have been issued by the appropriate authorities:

Floodplain permit, or letter of no authority. From the Land and Water Management Division of the Michigan Department of Environmental Quality (MDEQ), pursuant to Part 31, Floodplain Regulating Authority, of the Natural Resources and Environmental Protection Act of 1994, PA 451, MCLA § 324.101 et seq., as amended.

Soil erosion and sedimentation control permit. From the Eaton County Drain Commissioner pursuant to Part 91, Act 451 of the Public Acts of 1994, Id., as amended.

Inland lakes and streams act United States Army Corps of Engineers 404 permit. Administered by the Michigan Department of Environmental Quality pursuant to Part 301 "Inland Lakes and Streams," of the Natural Resource Environmental Protection Act of 1994, PA 451, MCLA § 324.30101 et seq., as amended.

(d)

Wetlands Protection Permit pursuant to Part 303, "Wetlands Protection" of the Natural Resource Environmental Protection Act of 1994, PA 451, MCLA § 324.30301 et seq., as amended.

All new construction and substantial improvements of residential structures. Shall have the lowest floor, including basement, elevated to one foot or more freeboard above the base flood level.

Mobile homes. Shall be placed on a lot which is elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above base flood level.

All new construction & substantial improvements of nonresidential structures. Shall have either:

The lowest floor, including basement, elevated to or above the base flood level; or

Be constructed such that, below base flood level, together with attendant utility and sanitary facilities, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied, and that the floodproofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces and other factors associated with a base flood in the location of the structure. Such certification shall indicate the elevation to which the structure is floodproofed.

Public utilities and facilities. Shall be designed, constructed and located to minimize or eliminate flood damage.

Access drive. At least one access drive shall be provided to any building which has a finished grade elevation which is no lower than 16 inches below the base flood level, in order to provide for potential evacuation of the building.

Disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is required to meet federal and state standards. Approval of the use of land under this section shall not be considered a guarantee or warranty of safety from flood damage.

This chapter does not imply that areas outside the flood hazard area will be free from flood damage. This chapter does not create liability on the part of the Village or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision made thereunder.

§ 155-23.06 On-site use wind energy systems and anemometer towers.

[Added 10-27-2009 by Ord. No. 2009-002]

An on-site use wind energy system and an anemometer are an accessory use which shall meet the following standards:

Designed to primarily serve the needs of a home, farm, or small business.

Shall have a tower height of 20 meters or less.

Property setback. The distance between an on-site use wind energy system and the site's property lines shall be equal to or greater than 1 1/2 times the height of the wind energy system tower, including the top of the blade in its vertical position. The distance between an anemometer tower and the site's property lines shall be equal to or greater than 1 1/2 times the height of the tower. No part of the wind energy system structure, including guy wire anchors, may extend closer than 10 feet to the owner's property lines, or the distance of the required setback in the respective zoning district, whichever results in the greater setback.

Sound pressure level. On-site use wind energy systems shall not exceed 55 dB(A) at the property line closest to the wind energy system. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms. However if the ambient sound pressure level exceeds 55 dB(A), the sound pressure level that shall not be exceeded shall be ambient dB(A) plus 5 dB(A).

Construction codes, towers, and interconnection standards. On-site use wind energy systems, including towers shall comply with all applicable state construction and electrical codes and local building permit requirements. On-site use wind energy systems, including towers, shall comply with Federal Aviation Administration requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950, MCLA § 259.431 et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959, MCLA § 259.481 et seq.), and local jurisdiction airport overlay zone regulations. An interconnected on-site use wind energy system shall comply with Michigan Public Service Commission and Federal Energy Regulatory Commission standards. Off-grid systems are exempt from this requirement.

Safety. An on-site use wind energy system shall have automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over speeding. All wind towers shall have lightning protection. If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire anchors. The minimum vertical blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal axis rotor.

§ 155-23.07 Reserved.

§ 155-23.08 Landscape planting.

All plant materials required by this chapter or an approved site plan shall be planted to completion within six months from date of approval and shall thereafter be properly maintained.

All plantings shall consist of permanent, living plant materials and shall be maintained in a healthy growing condition which shall include watering, cultivation and weed control, and further maintained in a neat and orderly appearance free of refuse and debris. All unhealthy and dead plant materials shall be replaced within three months or during the next appropriate planting season.

A site plan including a detailed planting plan for the required landscape screen or plantings must be submitted to the Zoning Administrator and receive approval by the Planning Commission prior to issuance of a building permit. Plans shall be submitted in accordance with the following:

A minimum scale of one-inch equals 40 feet.

Plans shall indicate, to scale, the location, spacing, starting size and description for each unit of plant material proposed for use within the required screening or planting area, together with the finished grade elevations therein.

Plans shall indicate the proposed location of all structures (including height), off-street parking areas, points of ingress and egress to the site, walks, roadways, proposed outside storage, dumpster areas, loading or service areas and transformers.

Plans shall indicate existing plant or tree cover including types and heights of trees.

The planting plan shall be reviewed relative to the following:

The proper spacing, height, placement, location and type of plant materials:

To ensure landscape screens are sufficient to achieve the requisite horizontal and vertical obscuring of the proposed land use.

To ensure landscape planting areas meet the minimum requirements set forth in this chapter.

Where landscape screens are required a proper relationship must exist between deciduous and evergreen plant materials to ensure that the desired obscuring effect will be maintained throughout the various seasonal periods.

The choice and selection of plant materials so as to ensure that root systems will not interfere with public utilities and that fruit and other debris (excluding leaves) will not constitute a nuisance within public rights-of-way or to abutting property owners.

The choice and selection of plant materials are of types that will survive and thrive in the area in which they are to be located. It is suggested that a mixture of plant materials (evergreen and deciduous trees and shrubs) be provided in all landscape plans as a protective measure against disease and insect infestation.

The size of plant materials (both starting and ultimate).

Where landscape screens are required to ensure adequate maturity and optimum screening effect.

Where landscape planting areas are required, to ensure such areas are safely distant from any building, point of ingress or egress and do not create a traffic hazard.

Landscape planting screens and landscape planting areas shall consist of suitable plant materials laid out in conformance with the following:

Landscape planting screen:

Plant materials (except creeping vine type) shall not be located within two feet of a property line.

Where plant materials are planted in two or more rows, planting shall be staggered in rows.

Evergreen trees shall be a minimum of six feet in height. When planted in informal groupings, they shall be spaced not less than 10 feet on centers. If placed further apart, additional screen plantings shall be used to achieve the desired obscuring effect. When planted in rows, they shall be spaced not more than eight feet on centers.

(d)

Narrow evergreen trees shall be a minimum of five feet in height. When planted in informal groupings, they shall be spaced not more than 10 feet on centers. When planted in rows, they shall be spaced not more than five feet on centers.

(e)

Tree-like shrubs shall be a minimum of six feet in height and spaced not more than 10 feet on centers.

(f)

Large deciduous shrubs shall be a minimum of four feet in height and spaced not more then six feet on centers.

(g)

Deciduous trees shall be a minimum of eight feet in height with a minimum caliper of 2 1/2 inches; they shall be spaced not more than 30 feet on centers.

Street trees.

In addition to landscape requirements as specified herein, trees shall be located on private property spaced 35 feet on centers along all street frontages. On streets under the jurisdiction of the county or the state, plans for street trees shall be subject to the requirements of such agency.

Landscaping planting areas.

Spacing between and minimum size of plant materials (in feet) shall be as follows:

Plant Material Types	Narrow Evergreen Trees	Evergreen Trees	Tree-Like Shrubs	Large Deciduous Trees	Large Shrubs
Narrow evergreen tree	Minimum 5 feet Maximum 10 feet	Minimum 12 feet	Minimum 10 feet	Minimum 15 feet	Minimum 5 feet
Evergreen trees	Minimum 12 feet	Minimum 10 feet Maximum 20 feet	Minimum 12 feet	Minimum 20 feet	Minimum 6 feet
Tree-like shrubs	Minimum 10 feet	Minimum 12 feet	Minimum 8 feet Maximum 15 feet	Minimum 15 feet	Minimum 6 feet
Large deciduous trees	Minimum 15 feet	Minimum 20 feet	Minimum 15 feet	Minimum 20 feet Maximum 30 feet	Minimum 6 feet
Large shrubs	Minimum 5 feet	Minimum 6 feet	Minimum 6 feet	Minimum 6 feet	Minimum 4 feet Maximum 6 feet
Narrow evergreen trees, five feet in height
Evergreen trees, six feet in height
Tree-like shrubs, six feet in height
Large deciduous trees, 2 1/2 inch caliper
Large deciduous shrubs, four feet in height

Trees not permitted (all locations):

Box elder.

Soft maples.

Elms.

Horse chestnut (nut-bearing).

Tree of heaven.

Catalpa.

Ash.

Trees not permitted within street right-of-way:

Basswood.

Cottonwood.

Willow.

The following table is a list of suggested plant materials. Size, special characteristics and tolerances are given to aid in determining what plant materials are right for individual situations. This list is not intended to be a comprehensive list of plant materials, especially in the area of deciduous shrubs.[1]

Key:

T — Tolerant

I — Intolerant

S — Slow

M — Moderate

F — Fast

V — Varies

Editor's Note: The List of Suggested Plant Materials is included as an attachment to this chapter.

§ 155-23.09 Private roads.

Where accessibility by vehicle is permitted through other than a dedicated and accepted public road, such accessibility shall comply with the following:

An application for a special land use shall be filed.

A sketch plan may be submitted for preliminary review.

A private road permit shall be required showing the following:

A plan drawn to scale showing the road location and properties abutting such road drawn by registered engineer or land surveyor.

Date, North point and scale.

The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties and buildings within 100 feet.

(d)

Legal description of parcels being served by the private road.

(e)

Existing and proposed topography with contours at two foot intervals (based on USGS datum).

(f)

The location and nature of any streams, drains, swamps, marshes, and unstable soils.

(g)

An indication of basic drainage patterns, existing and proposed and including any structures, retention basins and fencing which are proposed. The applicant shall contact the appropriate public and private agencies to determine the adequacy of utility and stormwater proposals, slope and sod erosion requirements to determine if any such requirements will adversely affect the site.

(h)

The location of all existing and proposed structures on the subject property and all existing structures within 100 feet of the subject property. The setbacks to all existing and proposed structures to be retained or constructed on the site shall be indicated; this includes buildings, signs, trash storage areas, walls, fences, berms, parking areas, etc. The height of all proposed structures shall also be indicated.

Where a private road is 660 feet or less in length, and is serving or intended to serve not more than two separate dwellings, parcels, units, or ownerships, it shall not be less than 40 feet in right-of-way width.

Where a private road extends for more than 660 feet from a dedicated public road, or is serving or intended to serve more than two dwellings, parcels, units, or ownerships, it shall be not less than 66 feet in right-of-way width. If dead-ended, a private road shall have a cul-de-sac or other means of turnaround for the accommodation of emergency, commercial, and other vehicles, the size of which shall be subject to the Fire Department's review and approval.

No private road shall extend for more than 1,000 feet from a public road.

(7)

No private road shall serve more than 12 separate dwellings.

(8)

Private road construction shall comply with the following standards:

The driving surface shall be a minimum of 16 feet wide with two foot shoulders on each side of the driving surface.

The driving surface material shall be at least six inches of bank run gravel and two inches of processed gravel over a compact base. The roadway shall be sufficient to support emergency vehicles in all seasons.

The road shall be ditched on both sides to prevent accumulation of water on the driving surface and shoulders.

(9)

Both easements providing ingress and egress and a maintenance agreement shall bind the owners of all affected parcels whose primary access is provided by the private road and must be recorded with the County Register of Deeds. Copies of the proposed easements and maintenance agreement must be submitted to the Zoning Administrator for review prior to issuance of a special land use permit and shall include at least the following information:

A provision for an incorporated association of co-owners along the proposed private road, which shall be responsible to collect fees and to build and maintain the private road.

A restrictive covenant shall be included in the maintenance agreement establishing the responsibility for maintaining the private road on all lots and parcels to be serviced by the private road.

A feasible and practical method for financing the repair and maintenance of the private road in compliance with this chapter.

(10)

The Village shall not be obligated to perform regular inspections or provide necessary repairs or maintenance to the private road, and is not responsible for the legality or enforcement of the maintenance agreement.

§ 155-23.10 Property divisions.

Any real property which is divided after the effective date of this chapter shall comply with the following:

All lots created or adjusted after the effective date of this chapter shall have the required minimum lot width (frontage) on a public or approved private road, or access provided to a public or approved private road.

A sketch plan may be submitted for preliminary review.

Land divisions shall be reviewed and approved by the Village prior to obtaining a building permit. Before such an approval can be granted, the Village shall be provided with the following information:

A completed application for proposed land divisions. Applications shall include the following:

The name of all owners of any legal or equitable interest, and their signatures and a copy of a recorded document demonstrating the applicant's ownership interest in the property.

A copy of the most recent paid tax bill for the undivided parcel.

[3]

A drawing of the parcel as it exists prior to the proposed division or combination drawn to a scale of one inch equals 100, 200, 300, 400, or 500 feet. Two true copies of the scaled drawing shall accompany the application.

[4]

A drawing of the parcel as it will appear following the proposed division or combination, including the number of square feet or acres in each parcel so divided or combined, and a legal description for each resultant parcel. This drawing may be combined with the drawing in Subsection A(3)(a)[3].

[5]

The date of any previous applications for land divisions or combinations of all or part of the property, whether granted or denied.

[6]

A recorded boundary line survey and legal description of the proposed land division.

The Village shall have a maximum of 45 days to review the proposed land division in compliance with the Michigan Land Division Act, PA 288 of 1967, MCLA § 560.101 et seq., as amended.

Any land division which has not been approved by the Village will not be issued a building permit.

Prior to the issuance of a building permit, the following shall be provided to the Zoning Administrator:

Documentation of Village approval of a land division or combination, if applicable.

The tax identification number assigned by the property division of the County's Equalization and Property Description Department.