Village of Baroda, MI Land Divisions and Subdivisions

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. All terms as defined in the land division act shall control in this article unless indicated to the contrary in this section.

BLOCK: Property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, golf course or wetlands; or between any of the foregoing and any other barrier to the continuity of development.

EASEMENT: A grant by the owner of the use of a strip of land to the public, a corporation, or persons, for specific uses and purposes, to be designated as a public or private easement, depending on the nature of the use.

IMPROVEMENTS: Grading, street surfacing, curb and gutter, bike paths, crosswalks, wells or water mains and lines, septic systems or sanitary sewers, storm sewers, culverts, bridges, utilities and other additions to the natural state of land which increases its value, utility or habitability.

LAND DIVISION ACT: The land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.).

LOT: A measured portion of a parcel or tract of land, which is described or fixed in a recorded plat.

PARCEL or TRACT: A continuous area or acreage of land which can be described as provided for in the land division act.

PLAT: A map or chart of a subdivision of land.

PROPRIETOR: A natural person, firm, association, partnership, corporation, or combination of any of them, which may hold any ownership interest in land, whether recorded or not.

STREET: Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county, or municipal roadway; or a street or way shown in a plat heretofore approved pursuant to law or approved by official action; or a street or way on a plat duly filed and recorded in the office of the county register of deeds. The term "street" includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and lawns.

SUBDIVIDE or SUBDIVISION: The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his 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 act by Sections 108 and 109 of the land division act (MCL 560.108, 560.109). The term "subdivide" or "subdivision" does 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 this act or the requirements of an applicable local ordinance.

VILLAGE ENGINEER or ENGINEER: The staff engineer or consulting engineer of the Village.

VILLAGE PLANNER or PLANNER: The staff planner or consulting planner or Zoning Administrator of the Village.

§ 16-21 Subdivision procedure.

[Comp. Ords. 1995, § 17.103; Ord. No. 116, 5-5-1986]

(a)

The preparation of a subdivision for platting shall be carried out in accordance with the following procedures:

(1)

Initial investigation. The proprietor may request that a preapplication review meeting take place by submitting a written request to the chairperson of the county plat board and submitting copies of a concept plan for the preliminary plat to the Village and to each officer or agency entitled to review the preliminary plat under Sections 113 to 118 of the land division act (MCL 560.113 et seq.). A preapplication review meeting shall take place not later than 30 days after the written request and concept plan are received. The meeting shall be attended by the proprietor, representatives of each officer or agency entitled to review the preliminary plat under Sections 113, 114, and 118 of the land division act (MCL 560.113, 560.114 and 560.118), and a representative of the Village. Representatives of each agency entitled to review the preliminary plat under Sections 115 to 117 of the land division act (MCL 560.115 — 560.117) shall be informed of the meeting and may attend. The purpose of the meeting is to conduct an informal review of the proprietor's concept plan for the preliminary plat.

(2)

Additional investigations. The proprietor should concern himself with the following factors:

The proprietor shall secure a copy of the zoning ordinance, plat and subdivision control ordinance, engineering design and standards ordinance and other similar ordinances or controls relative to the subdivision and improvement of land so as to make himself aware of the requirements of the Village.

The area for the proposed subdivision shall be properly zoned for the intended use.

An investigation of adequacy of existing schools and the adequacy of public and open spaces including parks and playgrounds to serve the proposed subdivision shall be made by the proprietor.

The relationship of the proposed subdivision with respect to major thoroughfares and plans for widening of thoroughfares shall be investigated by the proprietor.

Standards for sewage disposal, water supply, drainage and street paving of the Village shall be investigated by the proprietor.

(3)

Preliminary plat. The procedure for the preparation and review of a preliminary plat requires tentative and final approval as follows:

Filing.

Ten copies of a valid and complete preliminary plat of the proposed subdivision together with written application in triplicate and any other information required to be submitted under the land division act shall be filed with the Clerk.

Submittal to the Clerk shall be at least 10 days prior to the regular commission meeting at which the proprietor will be scheduled to appear.

The proprietor shall submit, as evidence of title, an abstract of title certified to date with the written opinion of an attorney-at-law thereon, or at the option of the proprietor, a policy of title insurance for examination in order to ascertain as to whether or not the proper parties have signed the plat.

The Clerk shall check the proposed plat for completeness. Should any of the data required in the land division act or Subsections (3)a through d of this section be omitted, the Clerk shall be directed to inform the proprietor of the data required, and that the application will be delayed until the required data is received.

The Clerk shall transmit a copy of the valid and complete preliminary plat to the Village engineer and the Village planner for their technical review and recommendation.

Identification and description. The preliminary plat shall include identification and description as follows:

Proposed name of subdivision.

Location by section, town and range, or by other legal description.

Names and addresses of the proprietor, owner proprietor, and the planner, designer, engineer or surveyor who designed the subdivision layout.

Scale of plat (one inch equals 100 feet as minimum acceptable scale).

Date.

Northpoint.

Existing conditions. The preliminary plat shall include existing conditions as follows:

An area map showing the general relationship of the proposed subdivision to the surrounding area within one-half mile at a scale of not less than one inch equals 800 feet. The area map shall show the topography drawn as contours with the interval available on the U.S. government quadrangles.

Boundary line of proposed subdivision, section or corporation lines within or adjacent to the tract and over-all property dimensions.

Property lines of adjacent tracts of subdivided or unsubdivided land shown in relation to the tract being proposed for subdivision including those of areas across the abutting roads.

Location, widths and names of existing or prior platted streets and private streets, and public easements within or adjacent to the tract being proposed for subdivision, including those located across abutting roads.

Location of existing sewers, water mains, storm drains and other underground facilities within or adjacent to the tract being proposed for subdivision.

Topography drawn as contours with an interval of at least two feet. Topography shall be based on USGS datum.

The school board or school board Superintendent of the school district having jurisdiction in the area concerned shall be informed and made aware of the proposed preliminary plat by the proprietor. A letter or document from the school board Superintendent indicating awareness of the proprietor's intentions shall be submitted to the commission as part of the preliminary plat.

Proposed conditions. The preliminary plat shall include proposed conditions as follows:

Layout of streets indicating proposed street names, right-of-way widths and cross sections and connections to adjoining platted streets and also the widths and location of alleys, easements and public walkways.

Layouts, numbers and dimensions of lots, including building setback lines showing dimensions.

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.

An indication of the ownership and existing and proposed use of any parcels identified as "excepted" on the preliminary plat. If the proprietor has an interest or owns any parcel so identified as "excepted," the preliminary plat shall indicate how this property could be developed in accordance with the requirements of the existing zoning district in which it is located and with an acceptable relationship to the layout of the proposed preliminary plat.

An indication of the system proposed for sewage.

An indication of the system proposed for water supply.

An indication of storm drainage proposed and, if involving county drains, the proposed drainage shall be acceptable to the county drain commissioner.

In the case where the proprietor wishes to subdivide a given area, but wishes to begin with only a portion of the total area, the preliminary plat shall include the proposed general layout for the entire area. The part which is proposed to be subdivided first shall be clearly superimposed upon the overall plan in order to illustrate clearly the method of development which the proprietor intends to follow. Each subsequent plat shall follow the same procedure until the entire area controlled by the proprietor is subdivided.

Planning Commission review; tentative approval.

The Clerk shall place the preliminary plat on the next regular Planning Commission meeting agenda, at which meeting the proprietor shall be scheduled to appear. The Village Council shall tentatively approve and note its approval on the copy of the preliminary plat.

The commission shall act on the preliminary plat within the following periods after the date of filing unless the proprietor agrees to an extension, in writing of the time required for approval by the Village Council and Planning Commission:

Within 30 days after it was submitted to the Clerk, if a preapplication review meeting was conducted.

ii.

Within 60 days after it was submitted to the Clerk, if a preapplication review meeting was not conducted.

When instructed by the Village Council, it shall be the duty of the Clerk to send a notice by registered or certified mail to the owners of land immediately adjoining the property to be platted of the presentation of the preliminary plat and the time and place of the meeting of the commission to consider said preliminary plat; said notice shall be sent not less than five days before the date fixed therefor.

The preliminary plat shall be reviewed by the Village engineer as to compliance with the plans for utilities and other improvements.

The preliminary plat shall be reviewed by the Village planner as to compliance with the zoning provisions of Chapter 34.

The Village engineer and Village planner shall notify the commission of their recommendation for either approval or rejection of the preliminary plat.

The Planning Commission shall review all details of the proposed subdivision within the framework of the zoning ordinance set forth in Chapter 34 and within the standards of this article.

The Planning Commission shall recommend conditional approval, disapproval or approval of the preliminary plat.

Should the approval be a conditional approval and therefore tentative, the preliminary plat shall not be forwarded to the Village Council until said conditions have been satisfied by the proprietor.

ii.

Should the Planning Commission find that all conditions have been satisfactorily met, it may give approval to the preliminary plat. The chairperson shall make a notation to that effect on each copy of the preliminary plat and distribute copies of same as follows:

Return one copy to the proprietor;

Retain one copy which shall become a matter of permanent record in the commission files;

Forward one copy to the school board or school Superintendent of the school district having jurisdiction in the area concerned;

Forward the remaining copies to the Council via the Clerk's office with recommendations for approval.

Village Council review; tentative approval.

The Village Council will not review a preliminary plat until it has received the review and recommendations of the Planning Commission. Following the receipt of such recommendations, the Council shall consider the preliminary plat at such meeting that the matter is placed on the regularly scheduled agenda. The Council shall take action on the preliminary plat:

Within 60 days after it was submitted to the Clerk, if a preapplication review meeting was conducted.

ii.

Within 90 days after it was submitted to the Clerk, if a preapplication review meeting was not conducted.

Should the Council tentatively approve the preliminary plat, they shall record their approval on the plat and return one copy to the proprietor.

Tentative approval shall not constitute final approval of the preliminary plat.

Tentative approval of the Council shall be effective for a period of 12 months. Should the preliminary plat in whole or in part not be submitted for final approval within this time limit, the preliminary plat must again be submitted to the commission and Council for approval unless an extension is applied for by the proprietor, and such request is granted in writing by the Council.

Village Council review; final approval.

The proprietor shall file a valid preliminary plat with the Clerk together with a certified list of all authorities required for approval in Sections 112 to 119 of the land division act (MCL 560.112 — 560.119). The proprietor also shall provide approved copies of plats from each of the required authorities.

The Village shall take action on the preliminary plat within 20 days of the submission of all necessary approved plats.

If the preliminary plat conforms to the plat tentatively approved by the Village Council and meets all conditions laid down for tentative approval, the Council shall give final approval to the preliminary plat.

The Village Council shall disapprove the preliminary plat if it does not conform to the preliminary plat as tentatively approved by the Council, or if any of the other approvals required by the land division act have not been obtained. The Clerk shall promptly notify the proprietor of the disapproval and the reasons therefor, in writing. The reasons for the disapproval shall be recorded in the minutes of the meeting of the Council. Notice of disapproval shall be sent to each of the other plat approval authorities by the Clerk.

Final approval shall be effective for a period of two years from the date of final approval. The two-year period may be extended if applied for by the proprietor and granted by the Council in writing.

No installation or construction of any improvements shall be made before the preliminary plat has received final approval of the Council, engineering plans have been approved by the Village engineer and any review fees required under § 16-26 or the deposits required under § 16-23 have been received by the Village.

(4)

Final plat. The procedure for the preparation and review of a final plat shall be as follows:

Preparation.

The final plat shall comply with the provisions of the land division act.

The final plat shall conform to the preliminary plat as approved and it may constitute only that portion of the approved preliminary plat which the proprietor proposed to record and develop at the time; provided, however, that such portion conforms to this article.

The proprietor shall submit as evidence of title, an abstract of title certified to date with the written opinion of an attorney-at-law thereon, or at the option of the proprietor, a policy of title insurance in the amount of at least $1,000 for examination in order to ascertain as to whether or not the proper parties have signed the plat.

Final plat review.

The original reproducible mylar and three paper prints of the final plat shall be filed by the proprietor with the Clerk and the proprietor shall deposit such sums of money as the Council may require in this article or by other ordinance.

The final plat shall be reviewed by the Village engineer as to compliance with the approved preliminary plat and plans for utilities and other improvements.

The Village engineer shall notify the Council of his recommendation for either approval or rejection of the final plat.

The Council shall review all recommendations and take action on the final plat within 20 days of its date of submission.

Upon the approval of the final plat by the Council, the subsequent approvals shall follow the procedure set forth in the land division act. The three prints of the final plat shall be forwarded: one to the Clerk, one to the commission and one to the building department. The original reproducible mylar shall be forwarded to the Clerk of the county plat board.

If the final plat is disapproved, the Clerk shall record the reasons for rejection in the minutes of the meeting, notify the proprietor in writing of the action and the reasons therefor, and return the plat to the proprietor.

§ 16-22 Design layout standards.

[Comp. Ords. 1995, § 17.104; Ord. No. 116, 5-5-1986]

(a)

The subdivision design layout standards set forth under this section are development guides for the assistance of the proprietor. All final plans must be reviewed and approved by the Council.

(1)

Streets. Streets shall conform to at least all minimum requirements of the general specifications and typical cross sections as set forth in this section, the engineering and design standards ordinance and other conditions set forth by the Council.

Location and arrangement.

The street layout shall provide for continuation of collector streets in the adjoining subdivisions or of the proper projection of streets when adjoining property is not subdivided, or conform to a plan for a neighborhood unit drawn up and adopted by the commission.

The street layout shall include minor streets so laid out that their use by through traffic shall be discouraged.

Should a proposed subdivision border on or contain an existing or proposed major thoroughfare, the commission may require marginal access streets, reverse frontage, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation and reduction of traffic hazards.

Should a proposed subdivision border on or contain a railroad, expressway or other limited access highway right-of-way, the commission may require the location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for the development of an appropriate use of the intervening land such as for parks in residential districts. Such distances shall be determined with due consideration of the minimum distance required for approach grades to future grade separation.

Half-streets shall be prohibited, except where absolutely essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the Planning Commission finds it will be practicable to require the dedication of the other half when the adjoining property is developed. Wherever there exists adjacent to the tract to be subdivided, a dedicated or platted and recorded half-street, the other half shall be platted.

Right-of-way widths. Street right-of-way widths shall conform to at least the following minimum requirements:

Major thoroughfare. All major thoroughfares are under the jurisdiction of the county road commission and shall be in accordance with their requirements.

Residential.

With curb and gutters: 40 feet with two ten-foot utility easements.

ii.

With road ditches: 60 feet.

Street grades. For adequate drainage, the minimum street grade shall not be less than 0.4% grade. The maximum street grade shall be 6% except that the commission may make an exception to this standard on the recommendation of the engineer.

Street geometrics. Standards for maximum and minimum street grades, vertical and horizontal street curves and sight distances generally shall be in accordance with the standards of the county road commission.

Street intersections. Streets shall be laid out so as to intersect as nearly as possible to 90°. Curved streets, intersecting with major thoroughfares and collector thoroughfares, shall do so with a tangent section of centerline 50 feet in length, measured from the right-of-way line of the major or collector thoroughfare.

Grading and centerline gradients. Grading and centerline gradients shall be per plans and profiles approved by the Village engineer.

Street jogs. Street jogs with centerline offsets of less than 125 feet shall be avoided.

Access to streets. Access to streets across all ditches shall be provided by the proprietor in a standard method approved by the Village Council.

Private streets. Private streets and roads shall be prohibited within platted subdivisions.

Cul-de-sac streets. Culs-de-sac shall not be more than 1,000 feet in length. Special consideration shall be given to longer culs-de-sac under certain topographic conditions or other unusual situations. Culs-de-sac shall terminate with an adequate turnaround with a minimum radius of 60 feet for right-of-way and 40 feet for pavement in residential and commercial subdivisions and shall terminate with a minimum radius of 80 feet for right-of-way and 60 feet for pavement in industrial subdivisions.

Street names. Street names shall not duplicate any existing street name in the Village, except where a new street is a continuation of an existing street. Street names that may be spelled differently but sound the same also shall be avoided. Duplications can be avoided by checking new street names with the U.S. Postal Service master listing.

(2)

Blocks. Blocks within subdivisions shall conform to the following standards:

Sizes.

The maximum length for blocks shall not exceed 1,400 feet in length, except wherein, in the opinion of the Council, conditions may justify a greater distance.

Widths of blocks shall be determined by the condition of the layout and shall be suited to the intended layout.

Public walkways.

Location of public walkways or crosswalks may be required by the Village Council to obtain satisfactory pedestrian access to public or private facilities such as, but not limited to, schools and parks.

The right-of-way of public walkways shall be at least 15 feet and shall be in the nature of a dedication for this purpose.

Easements.

Location. Location of utility line easements shall be provided along the rear or side lines as necessary for utility lines. Easements shall give access to every lot, park or to public grounds. Such easements shall be a total of not less than 12 feet wide, six feet from each parcel.

Recommendations on proposed layout. Recommendations on the proposed layout of telephone, electric and gas company easements should be sought from all of the utility companies serving the area. It shall be the responsibility of the proprietor to submit copies of the preliminary plat to all appropriate public utility agencies.

Lots. Lots within subdivisions shall conform to the following standards:

Sizes and shapes.

The lot size, width, depth and shape in any subdivision proposed for residential uses shall be appropriate for the location and the type of development contemplated.

Lot areas and widths shall conform to at least the minimum requirements of the zoning ordinance set forth in Chapter 34 for the district in which the subdivision is proposed.

Building setback lines shall conform to at least the minimum requirements of the zoning ordinance set forth in Chapter 34.

Lots intended for purposes other than residential use shall be specifically designed for such purposes, and shall have adequate provision for off-street parking, setbacks and other requirements in accordance with the zoning ordinance set forth in Chapter 34.

ii.

Arrangement.

Every lot shall front or abut on a street.

Side lot lines shall be at right angles or radial to the street lines, or as nearly as possible thereto.

Residential lots abutting major thoroughfares or collector streets, where marginal access streets are not desirable or possible to attain, shall be platted with reverse frontage lots, or with side lot lines parallel to the major traffic streets, or shall be platted with extra depth to permit generous distances between buildings and such traffic way.

Lots shall have a front-to-front relationship across all streets where possible.

Narrow deep lots shall be avoided. The depth of a lot generally shall not exceed three times the width as measured at the building line.

Corner lots in residential subdivisions shall be platted at least 10 feet wider than the minimum width permitted by the zoning ordinance set forth in Chapter 34. Lots abutting a pedestrian mid-block walkway shall be treated as corner lots.

Natural features. The natural features and character of lands must be preserved wherever possible. Due regard must be shown for all natural features such as large trees, natural groves, watercourses and similar community assets that will add attractiveness and value to the property, if preserved. The preservation of drainage and natural stream channels must be considered by the proprietor and the dedication and provision of adequate barriers, where appropriate, shall be required.

Floodplain. Any areas of land within the proposed subdivision which lie either wholly or in part within the floodplain of a stream, creek or lake, or any other areas which are subject to flooding or inundation by stormwater shall require specific compliance with the land division act and its review by the state department of environmental quality.

Public reservations. When consideration is given by the proprietor to the allocation of areas suitably located and of adequate size for playgrounds, school sites, parks and recreation facilities, said areas shall be provided by one of the following methods:

Dedication to the Village.

ii.

Reservation of land for the use of property owners by deed or covenants.

iii.

Reservation for acquisition by the Village or school board within a period of two years. Said reservation shall be made in such manner as to provide for a release of the land to the proprietor in the event that the Village or the school board does not proceed with the purchase.

Due regard shall be shown by the Council for preserving outstanding natural features such as scenic spots, watercourses or exceptionally fine groves of trees.

§ 16-23 Improvements.

[Comp. Ords. 1995, § 17.105; Ord. No. 116, 5-5-1986]

(a)

The improvements set forth under this section are to be considered as the minimum acceptable standards. All those improvements for which standards are not specifically set forth shall have said standards set by ordinance or published resolution of the Village Council. All improvements must meet the approval of the Council and shall be inspected by the designated representative of the Village.

(b)

Improvements shall be provided by the proprietor in accordance with the standards and requirements established in this section and/or any other such standards and requirements which may from time to time be established by ordinance or published resolution of the Council and the proprietor shall enter into an agreement to construct such within a reasonable time as a condition of approval of any plat.

(1)

Streets. All street pavement and appurtenances thereto shall be constructed to the design requirements of the engineering design standards ordinance.

(2)

Utilities.

Requirements for underground wiring. The proprietor shall make arrangements for all lines for telephone, electric, television and other similar services distributed by wire or cable to be placed underground entirely throughout a subdivided area, except for major throughfare right-of-way, and such conduits or cable shall be placed within private easements provided to such service companies by the developer or within dedicated public ways, provided only that overhead lines may be permitted upon written recommendation of the engineer, planner, commission and the approval of the Council at the time of final plat approval where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, plat design and character of the subdivision. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the state public service commission. The underground utility installations which traverse privately owned property shall be protected by easements granted by the proprietor.

Sewage disposal. Sewage disposal shall be provided by individual septic tanks, community wastewater treatment facilities or connection to an existing public sanitary sewer system subject to the approval of the Council and the other governing agencies.

Water supply. Water supply shall be provided by individual wells, a community well or connection to an existing public water supply system subject to the approval of the Village Council and the other governing agencies.

Storm drainage system. An adequate storm drainage system, including necessary storm sewers, catchbasins, manholes embossed with the Village's name, culverts, bridges and other appurtenances, shall be required in all subdivisions. Adequate provision shall be made for proper drainage of stormwater runoff from residential rear yards. The subdivision shall be graded in such a manner as to control the erosion and minimize the deposition of soil downstream both during and after construction.

(3)

Financial guarantees; exceptions.

Guarantee arrangements. In lieu of the actual installation of required public improvements, the Village Council, on recommendation of the Planning Commission, may permit the subdivider to provide a financial guarantee of performance in one or a combination of the following arrangements for those requirements which are over and beyond the requirements of the county road commission, county drain commission or any other agency responsible for the administration, operation and maintenance of the applicable public improvements. The commission may recommend and the Council may waive financial guarantees of performance under this article for sidewalks, street lights or trees. In case these improvements are specified, completion shall be required prior to issuance of occupancy permits.

Treasurer, escrow agent or trust company. A cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit, such surety acceptable by the Council, shall accrue to the Village. These deposits shall be made with the Village Treasurer or deposited with a responsible escrow agent or trust company, subject to the approval of the Village Council.

Dollar value. The dollar value of the cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit shall be equal to the total estimated cost of construction of the specific public improvement including contingencies, as estimated by the Council.

Escrow time. The escrow time for the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be for a period to be specified by the Council.

Progressive payment. In the case of cash deposits or certified checks, an agreement between the Village and the subdivider may provide for progressive payment out of the cash deposit or reduction of the certified extent of the cost of the completed portion of the public improvement, in accordance with a previously entered into agreement with respect to financial guarantees.

Contingency fees. The Council shall require, in addition to the security, an amount of 10% thereof to cover such contingency expenses that might occur due to failure, defects in construction, unforeseen costs, etc. of any improvement required herein. The period covered by the contingency fee shall not exceed two years from the date of acceptance of the improvement. Excess funds, if any, shall be returned to the proprietor at the end of the two-year period.

Protection and repair bond. The Council also may require, in addition to the security and the contingency fee, a bond to cover damage that might occur during construction to existing improvements facilities and features on or around the construction site or to adjacent properties. This bond shall include the cost of any cleaning of construction debris from the subdivision and from adjacent properties that might be necessary.

Penalty in case of failure to complete the construction of a public improvement. In the event the subdivider shall, in any case, fail to complete such work within such period of time as required by the conditions of the guarantee for the completion of public improvements, it shall be the responsibility of the Council to proceed to have such work completed. In order to accomplish this, the Council shall reimburse itself for the cost and expense thereof by appropriating the cash deposit, certified check, irrevocable bank letter of credit or negotiable bond which the subdivider may have deposited in lieu of a surety bond, or may take such steps as may be necessary to require performance by the bonding or surety company, and as included in a written agreement between the Council and the subdivider.

§ 16-24 Compliance standards.

[Comp. Ords. 1995, § 17.106; Ord. No. 116, 5-5-1986]

The approvals required under the provisions of this article shall be obtained prior to the installation of any subdivision or project improvements within the Village in public rights-of-way and public easements and/or under the ultimate jurisdiction of the Village shall comply with all of the provisions and requirements of this article or any other related ordinance.

§ 16-25 Interpretation.

[Comp. Ords. 1995, § 17.107; Ord. No. 116, 5-5-1986]

(a)

The provisions of these regulations shall be held to be the minimum requirements adopted for the promotion and preservation of public health, safety and general welfare of the Village.

(b)

These regulations are not intended to repeal, abrogate, annul or in any manner interfere with existing regulations or laws of the Village, nor conflict with any statutes of the state or the county except that these regulations shall prevail in cases where these regulations impose a greater restriction than is provided by existing statutes, laws or regulations.

§ 16-26 Fees.

[Comp. Ords. 1995, § 17.108; Ord. No. 116, 5-5-1986]

The Council shall establish by resolution a schedule of fees to be charged to the proprietors with respect to the administration of this article.

§ 16-27 Insurance and bonds.

[Comp. Ords. 1995, § 17.109; Ord. No. 116, 5-5-1986]

Prior to construction of the subdivision and project improvements, the contractor shall procure and maintain during the life of any contract or agreement for such construction insurance protecting the Village from any claim for damages, real, personal or otherwise, in such amounts as established by resolution of the Council.

§ 16-28 Commercial subdivisions.

[Comp. Ords. 1995, § 17.110; Ord. No. 116, 5-5-1986]

(a)

Where commercial developments for retail sales, business services, offices and similar establishments fall within the definition of "subdivision" as set forth in the land division act, such development shall conform to the provisions of this article, except for modifications provided for in this section. The development shall conform to all zoning ordinance requirements contained in Chapter 34.

(b)

Streets shall conform to the requirements of § 16-22(1). All streets in a commercial subdivision shall be paved, and shall have curb and gutter and underground storm drainage. Streets shall be designed and constructed to adequately handle truck traffic. Curbside parking and loading shall not be provided for, nor permitted on, any street in a commercial subdivision. No space shall be permitted or provided for on a commercial subdivision street; such movements shall be adequately provided for on each lot.

(c)

Entry drives for the subdivision shall be located and designed so as not to create congestion or hazardous conditions on public streets serving the subdivision. Driveways from parking and/or loading areas shall intersect subdivision streets at a distance from street intersections that is large enough to permit safe and convenient maneuvering of vehicles.

(d)

The block sizes set forth in § 16-22(2) shall not apply to commercial subdivisions. The blocks shall be designed to meet the needs of the commercial uses that will occupy the subdivision. However, block sizes shall meet the requirements of fire protection, snow removal and other service and emergency vehicles.

(e)

Lots in a commercial subdivision shall have access from subdivision or frontage streets, and shall not open directly onto any arterial or collector street.

(f)

Sidewalks and pedestrian ways shall be required in commercial subdivisions, except where the commission determines that such facilities are not required for the safety and convenience of pedestrians within or around the subdivision.

(g)

Buffer strips, at least 20 feet wide and landscaped, may be required by the commission to be provided along the perimeter of a commercial subdivision where adjacent to a residential area. The commission also may require provision of a fence, wall or screen if it determines such is necessary to protect the adjacent areas from litter, trespass and other nuisances. Any intended future expansion of the commercial development should be shown on the preliminary plat submitted for tentative approval.

§ 16-29 Variance for hardship.

[Comp. Ords. 1995, § 17.111; Ord. No. 116, 5-5-1986]

(a)

The Zoning Board of Appeals may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Council shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required in Subsections (1) through (3) of this section, the Council shall take into account the nature of the proposed use of the land, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Council finds:

(1)

That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of his land.

(2)

That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

(3)

That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.