This chapter shall be known and may be cited or referred to as the "Subdivision and Condominium Development Ordinance."
Development of land is a privilege conferred by the laws of the State of Michigan and by this chapter. It is the responsibility of the City of Bridgman to regulate the development of lands in and around the City for the following purposes:
To protect and promote the health, safety, and general welfare of the people of the City and people visiting or passing through the City.
To leave for future generations a strategically planned and well-constructed infrastructure so that the focus of citizen concern is not past error but future growth.
To promote the orderly development of property so that such development enhances and complements existing City features.
To ensure that development proceeds in a timely manner.
This chapter shall apply to improvement of all lands within the City of Bridgman proposed for planting or subdivision under the Land Division and Condominium Acts of the State of Michigan, except as otherwise exempted.
Anyone contemplating the subdivision, planting or replanting pursuant to the Land Division or Condominium Acts of the State of Michigan shall comply with this chapter.
The following terms shall have the following meanings as used in this chapter:
- A person and/or corporation, etc., acting for and/or in the stead of another person.
- The public right-of-way which affords secondary means of access to properties abutting upon a street.
- The person, corporation, firm, etc., seeking to develop a property under this development chapter.
- AREA, GROSS
- The gross area of a parcel or development is the total area (in acres) in fee ownership, which excludes right-of-way already dedicated but includes nonresidential land uses and private streets.
- AREA, NET
- The net area of a parcel or development is the area (in acres) of the actual tract of land upon which the improvements are proposed to be located. This area shall include the site for all principal and accessory building(s) and associated parking area, but does not include common open space or recreational facilities, or the vehicular circulation system, either private or public.
- BENCH MARK
- A permanent or semipermanent physical mark of known elevation referenced to a recognized datum.
- A tract of land bounded by street rights-of-way, or by a combination of street rights-of-way and public parks, cemeteries, railroad and utility rights-of-way, bulkhead lines or shorelines of waterways, or corporate boundary lines.
- An enclosed structure, constructed partially or wholly above the ground, with a permanent roof, separated on all sides from adjacent open space by exterior or party walls, which is permanently affixed to the ground.
- BUILDING SETBACK LINE
- A line indicating the minimum horizontal distance between any property line and a building on the property.
- The City of Bridgman, Berrien County, Michigan.
- CITY COUNCIL
- The Mayor and City Council of the City of Bridgman, Berrien County, Michigan.
- CITY ENGINEER
- The person or organization designated by the City to administer the engineering activities of the City.
- CITY MANAGER
- The person designated by the City Council as to administer overall activities of the City and its subordinate departments, as designated by the City Council.
- CITY ZONING ADMINISTRATOR
- The person or organization designated by the City to administer the planning activities of the City.
- COMPREHENSIVE PLAN
- The "City of Bridgman, Michigan General Development Plan Amendment 1997" or subsequent amendments thereto.
- CONSTRUCTION COST
- Estimated cost of construction, excluding engineering costs and excluding required City fees, based on actual costs of improvements.
- Pertaining to the County of Berrien, Michigan.
- A public right-of-way located across a block to provide pedestrian access.
- A vehicle turnaround are at the end of a dead-end street.
- DETENTION BASIN
- A covered or uncovered reservoir designed to hold an accumulation of stormwater runoff so as to reduce peak flow in a stormwater drainage system.
- A person, group of persons, organization, or other entity who petitions the City according to this chapter for the purpose of improving or subdividing land; may also be referred to as "owner" or "applicant" depending on the context.
- Any subdivision, plan of condominium, or plan to improved or unimproved real property, including single lots and shall not be limited to buildings or other structures, located within the City.
- DEVELOPMENT PLAN
- The documentation, both written and diagrammatic, which sets forth the improvements proposed for any given subdivision or condominium.
- DEVELOPMENT STANDARDS
- This chapter and development standards contained herein, hereafter referred to as "ordinance" and/or "standards."
- DIRECTOR OF PUBLIC SERVICES
- The person designated by the City Council and City Manager to administrator the water, sewer and street construction and maintenance activities of the City.
- DRAINAGE SWALE
- A drainage ditch of shallow depth with small side slopes.
- DWELLING UNIT
- One or more rooms which, taken together, are intended as living quarters for a single family or for a group of people living together as a family.
- A grant by a property owner for the use of a portion of said owner's property by another person or other legal entity or the general public for a specified purpose or purposes.
- The vertical distance of an existing point from a stated datum plane.
- A Michigan-licensed professional engineer.
- ENGINEER, CITY
- The engineer or engineering firm designated by the City to administer the engineering activities of the City.
- Any act by which earth, sand, gravel, rock, or other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved to a new location and shall include the conditions resulting therefrom.
- That portion of a property abutting a public right-of-way along what would be considered the front yard.
- The slope of land, road, street, or other public way expressed in percent.
- Change in vertical distance per change in horizontal distance; usually expressed as a percentage (e.g., "0.40%" where rise equals 0.40% of run).
- Grading, street surfacing, curbs, gutters, sidewalks, water mains, fire hydrants, sanitary sewers, storm sewers, culverts, trees, bushes, landscaping and other additions to the natural state of land which increase its value, utility or habitability in accordance with the provisions of these development standards.
- Activity of the state, City, owner, or developer, or its agents to verify the compliance of construction of public improvements with state or City rules, regulations, ordinances, agreements, etc., and with the plans and specifications; implies no detailed control of work or workers; not to be confused with "supervision."
- An agent of the City whose sole duty it is to verify, not ensure, the compliance of construction of public improvements with state or City rules, regulations, ordinances, agreements, etc., and with these plans and specifications; not to be confused with "supervisor."
- A measured portion of a parcel or tract of land which is described and fixed in a recorded plan.
- LOT, CORNER
- A lot situated at the intersection of two or more streets, where the interior angle of such intersection coterminous with the right-of-way lines of such streets does not exceed 135°.
- LOT, THROUGH
- A lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lines.
- OFFICIAL MAP
- The map showing the streets, highways and parks theretofore laid out, adopted and established by law and any amendments or additions thereto resulting from the City Council action or the approval of subdivision plans.
- This subdivision and condominium development ordinance.
- A lot that shall not be developed but is reserved for a specific purpose or purposes.
- Any individual, firm, association, partnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this chapter.
- A continuous area or acreage of land which can be described as provided for in the Land Division (formerly the Subdivision Control Act) Act or the Condominium Act of the State of Michigan.
- The part of the public street right-of-way not occupied by the street pavement and located between the back of the curb and the sidewalk as well as the dividing strip of a roadway.
- The portion of a street or access easement intended to bear vehicular traffic, not including curbs.
- A map or drawing generally depicting existing survey, topographical, or subdivision data.
- PLAN, FINAL
- A plan showing City-approved site plan of the condominium or plat of subdivisions containing the date of the City approval action.
- PLAN, PRELIMINARY
- A plan showing the proposed site plan of the condominium or plan of subdivision subject to City approval.
- PLANNED UNIT DEVELOPMENT
- A parcel of land or contiguous parcels, having or proposed for planned unit development zoning which meets the minimum specifications of Article IX, Planned Units Development, of the City of Bridgman zoning ordinance are preplanned developments composed of various compatible uses allowed by the City of Bridgman zoning ordinance and Building Ordinance, and for other special uses not so provided, including, but not limited to, residential, hospital, outdoor theaters, public and private schools, philanthropic institution, college, country clubs, golf courses, private clubs, community swimming pools and recreational facilities, services-type businesses, shopping centers, research and development facilities, commercial industry, and industrial parks.
- PLANNING COMMISSION
- The words "Planning Commission" as used herein, refer to the Planning Commission of the City of Bridgman, Michigan.
- Bound set of prints typically prepared by an engineer and/or architect or similar professional depicting the work to be done to fully construct the improvements proposed for a development.
- PROTECTIVE COVENANTS
- Contracts entered into between private parties and constitute a restriction on the use of all private property within a subdivision or condominium for the benefit of property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.
- The rearrangement of a portion of land previously subdivided, subject to the same constraints that apply to subdivision.
- A general term denoting land, property, or interest therein acquired and dedicated for or used as a roadway, pedestrianway, bike path, railroad route, utility route, or other public or quasi-public use.
- ROAD or ROADWAY
- Pavement and shoulders or curbs; not to be confused with "street."
- A system constructed to carry away storm or wastewater and all appurtenances to that system.
- That portion of a right-of-way intended for pedestrian use.
- A lot or parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
- A gradient expressed as a ratio (e.g., "4:1").
- STANDARDS AND SPECIFICATIONS
- A degree or level of requirement which is the acknowledged measure of comparison for qualitative or qualitative comparison to the exact statement of particulars describing materials, dimensions, and workmanship for all elements to be constructed or installed within a development regulated by the terms of this chapter for which standards and specifications are provided as Part 2 of this chapter of the Code of the City of Bridgman.
- A publicly owned right-of-way which affords primary means of access by pedestrians and vehicles to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane or however otherwise designated.
- STREET, ARTERIAL
- Streets and highways servicing major activity centers, the highest traffic volume corridors, the longest trip desires, and a high proportion of total urban area travel on a minimum of street mileage. Service to abutting land is subordinate to the provisions of travel service to major traffic movements. This system carries the major portion of trips entering and leaving the City of Bridgman as well as the majority of through movements desiring to bypass the City. The minimum required right-of-way width for arterial street shall be 100 feet.
- STREET, COLLECTOR
- Streets intended to collect and convey traffic from minor streets in the neighborhood and channel it into the arterial systems. The minimum required right-of-way width for collector street shall be 80 feet.
- STREET, FRONTAGE ACCESS
- A minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection to local traffic from fast, through-moving traffic on arterial streets.
- STREET, INTERSECTION
- The area common to two intersecting rights-of-way.
- STREET, LOCAL
- Streets not classified in a higher system, providing direct access to abutting land and access to the higher systems. They offer the lowest level of mobility and have limited continuity to discourage through traffic. The minimum required right-of-way width for local street shall be 66 feet.
- STREET, PRIVATE
- An undedicated street, generally within a condominium which is privately owned or maintained or an easement of access benefiting a dominant tenant.
- STREET, PUBLIC
- Any arterial, collector, or minor street which is shown on the condominium plan or plat of subdivision and is or is to be dedicated to public use.
- The person or persons responsible for preparing and recording the plats of the subdivision and for carrying out all appropriate requirements, including responsibility for public improvements installation relating thereto as outlined herein.
- A. The partitioning of a parcel or tract of land by the proprietor (landowner or developer) or by his heirs or her 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, that is not exempted from the platting requirements of Section 108 and 109 of the Land Division Act, Public Act 591 of 1996, as amended. "Subdivide" or subdivision" does not include 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 the applicable City of Bridgman ordinances.
- B. A "planned unit development" is, for the purpose of this chapter, a subdivision whether or not it is divided into two or more parts.
- C. The term "subdivision" includes "replat" and, where it is appropriate to the context, relates to the process of subdivision or to the land subdivided.
- D. Applicants for a land division of land meeting the definition of Section 108 and 109 of the Land Division Act, P.A. 591 of 1996, as amended, shall submit an application to the City of Bridgman, pursuant to Chapter 300, Land Division, of the Code of the City of Bridgman. A parcel division application can be obtained from the City Zoning Administrator or City Assessor.
- A measured portion of a condominium site which is intended for individual use and occupancy.
- Services provided by public or quasi-public agencies, including but not limited to telephone communication, electrical power, heating gas, cable television signals, steam, telegraph signals, transportation, etc.
- ZONING ORDINANCE
- The zoning ordinance of the City of Bridgman, as last amended.
Any dispute arising from the of this chapter shall be resolved by the City. The City Manager shall be authorized to interpret this chapter. The City Manager's interpretation may be appealed to the City Council. The City Councils decision on any interpretation shall be the final administrative review.
The City staff and City consultants will review and may permit changes and/or alternative methods to specific engineering requirements of this chapter, as long as such revisions are not material and are approved by the City Manager and are justified by a unique hardship on the part of the subdivider or development property. The understanding is that the intent of these regulations, standards, and specifications shall not be compromised. The City Council may overrule any changes and/or alternative methods granted or denied by the City staff or consultants, if appealed to the City Council by aggrieve party within 21 days of the decision.
The City Council must review and accept or reject proposed changes and/or alternative methods deemed by the City Manager, by the Planning Commission, or by the City staff to be significant.
The developer may request a public hearing on the matters deemed to be of significant changes and/or alternative methods by written request. Said hearing shall be scheduled within 45 days of receipt of the request.
The City Council may conduct a public hearing on its own motion for significant changes and/or alternative methods.
Nothing contained in this chapter shall be interpreted to be a consent, license, or permit to use any property; to locate any building, structure, or facility; or to carry on any trade, industry, occupation, or activity.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals and general welfare as set forth in the provisions hereof. When the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.
The provisions of this chapter shall be interpreted to be cumulative of, and to impose limitations in addition to, all other codes, laws and ordinances in existence or which may be passed governing any subject matter of this chapter. The several provisions of this chapter shall also be interpreted to be cumulative of each other. To the greatest extent possible, the provisions of this chapter shall be construed to be consistent with, and not in conflict with, the provisions of such other codes, laws and ordinances and each other, to the end that all such provisions may be given their fullest application.
Words used or defined in one tense or form shall include other tenses and derivative forms.
Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.
The masculine gender shall include the feminine and neuter. The feminine gender shall include the masculine and neuter. The neuter gender shall include the masculine and feminine.
The word "shall" is mandatory. The word "may" is permissive.
The word "person" includes individuals, firms, partnerships, joint ventures, trusts, trustees, estates, corporations, associations and any other similar entities.
In case of any difference of meaning or implication between the text of this chapter and any caption, illustration or table, the text shall control.
The City Manager, City Zoning Administrator, Director of Public Services and the City Engineer shall be responsible to alert the owner or developer to any violation of this chapter. The City Zoning Administrator, Director of Public Services and the City Engineer shall have the power to make such decisions, order, requirements, or determinations in conformity with this chapter as are necessary to enforce this chapter, subject to the approval of the City Manager.
The City may take any lawful action it deems necessary to ensure the enforcement of this chapter.
A decision, order, or requirement of the City Zoning Administrator, Director of Public Services or City Engineer may be appealed to the City Manager.
Any person, firm, company, or corporation who does not proceed in compliance with the provisions of this chapter shall be guilty of an offense hereunder, and shall upon conviction by subject to a fine not to exceed $500 with each and every day that the violation is allowed to exist, constituting a distinct and separate offense under the terms of this chapter. In addition, the City of Bridgman may take whatever action it deems appropriate to enforce the terms of this chapter, including action for injunction and a cease and desist or stop-work order. All attorneys' fees and costs incurred by the City of Bridgman in enforcing this chapter shall be paid by the violator.
Should any improvement be implemented in violation of this chapter, the City may take appropriate legal steps to remove such improvement, to correct noncomplying aspects of such improvement, or to prevent the use of such improvement. The violator shall be responsible for the cost of any such enforcing action of the City.
The City Zoning Administrator, Director of Public Services, City Engineer, City Manager or a sworn peace officer of the Police Department may halt any or all construction activity at a development site if any construction activity is or would lead to a violation under this chapter.
Upon finding that severe hardship, caused by conditions uniquely attributable to the land under consideration, would be imposed upon an applicant by compliance with these regulations and upon a finding that there are alternate feasible means of fulfilling the purpose and spirit of the regulations to protect the public health, safety and welfare, the City Engineer may recommend and the City Council may approve variances to and modifications from the regulations of this chapter.
Any appendices referred to in this chapter are to be considered a part of this chapter.