[Adopted 6-10-2013 by Ord. No. 47]
A.
Short title. This article shall be known as the "Subdivision Control
Ordinance" of Three Oaks Township, Berrien County, Michigan.
B.
Interpretation. In their interpretation and application, the provisions
of this article shall be held to be minimum requirements adopted for
the promotion of public health, safety, convenience and general welfare.
It shall be administered to ensure orderly growth and development,
to protect and conserve land and natural features, and adequately
provide for streets, utilities and other land improvements in the
Township.
C.
Purpose. This article is adopted to regulate the subdivision of land
to accomplish the following purposes:
(2)
To further the orderly layout and development of the Township.
(3)
To provide for and regulate the economical provision or extension
of streets and other necessary land improvements.
(4)
To require that land be suitable and suitably improved for building
sites.
(5)
To provide for adequate drainage.
(6)
To prevent the premature development of land; to provide for proper
ingress and egress to lots.
(7)
To promote proper surveying, monuments and legal descriptions.
(8)
To provide for safe and convenient traffic circulation and traffic
movement.
(9)
To ensure against the creation of unsafe or undesirable conditions.
(10)
To conserve the value of property.
(11)
To regulate the density of development in relation to utility
services for the protection of the public health.
(12)
To conserve energy and natural features.
(14)
To establish rules and procedures for the process of subdivision
under said Act.
(15)
To provide for the adoption of improvement standards.
(16)
To provide penalties for the violation of this article.
(17)
To provide for the variation of these rules and requirements.
D.
Applicability. This article shall not apply to land divisions resulting
in parcels or lots which are more than 10 acres in area.
E.
Metes and bounds subdivision. After the effective date of this article
or amendments thereto, no new lot or lots of 10 acres or less in area
shall be created unless the provisions of this article are met. All
new lots so created shall meet or exceed the requirements of the zoning
district in which it is located.
For the purposes of this article, terms shall be defined as
set forth in the Land Division Act of 1967[1] and as defined herein:
The Three Oaks Township Board.
The Three Oaks Township Planning Commission.
Public Act No. 288, the Land Division Act of 1967,[2] as amended.
The combination of existing lots in a recorded plat into one
parcel.
The alteration of an existing lot line in a recorded plat which
does not change the number of lots.
The alteration of existing lot lines in a recorded plat which
creates an additional lot.
The term "lot split" shall not include the creation of new parcels
of more than 10 acres, or the creation of parcels defined as a subdivision.
Approved domestic wells and permitted wastewater disposal
systems intended to serve a single residence or business.
A lot in a recorded plat which is set aside for purposes
other than a building site, park or other land dedicated to public
use or reserved to private use.
A map or chart of a subdivision of land.
PRELIMINARY PLATA map showing the salient features of a proposed subdivision to an approving authority for the purposes of preliminary consideration and approval.
FINAL PLATA map and accompanying material showing or explaining the salient features of a proposed subdivision to an approving authority for the purposes of final consideration and approval.
A system of pipes and structures, including pipes and channels,
conduits, manholes, pumping stations, sewage or waste treatment works,
diversion and regulatory devices, outfall structures, and appurtenances,
collectively or severally, actually used or intended for use by two
or more individually owned residential parcels or condominium units.
The purpose of a sewerage system is to collect, convey, transport,
treat or otherwise handle sanitary sewage or other liquid wastes that
are capable of adversely affecting the public health.
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.
COLLECTOR STREETA street designed and built to bring traffic from local streets to major streets or arterial highways.
MAJOR STREETA street designated as a county primary road or state highway by the Berrien County Road Commission or the Michigan Department of Transportation or a street designated by the Three Oaks Township Planning Commission as a major street designed and built to accommodate large volumes of traffic.
LOCAL STREETA street intended primarily to serve as access to adjacent properties.
The partitioning or dividing 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, where
the act of division creates five or more parcels of land, each of
which is 10 acres or less in area, or five or more parcels of land,
each of which is 10 acres or less in area, are created by successive
divisions within a period of 10 years.
Three Oaks Township, Berrien County, Michigan.
A.
Public sewage collection and treatment.
(1)
Service areas. Except for plats approved pursuant to § 205-15B or C hereof, all plats that are approved must be serviced by public sanitary sewers. All lots within a plat that is approved must have within the public road or street adjacent to each such lot a sanitary sewer line which shall run to the lot line of each such lot. The size and specifications of such sanitary sewer lines shall be as specified by the Township and consistent and compatible with the system to which it is connected.
(2)
Utility extensions. Public water and sanitary sewer utilities may
be extended under any of the following methods:
(a)
By petition to the Township Board by the owners of a majority
of the area to be served by the extension.
[1]
Upon receipt of the petition, the Township Board shall hold
a hearing of necessity for the purpose of determining the need and
desirability of the extension.
[2]
If it is determined to proceed with the extension, the Township
Board shall cause an assessment roll to be prepared to support the
cost of the extension and shall hold a public meeting to confirm the
roll. The assessment roll shall thereafter be deemed active, with
a set schedule of payments established.
(b)
By extension without petition. When the Township Board determines
that an extension of a utility is necessary or desirable, but has
not received a petition as noted above, it may cause or permit the
utility to be extended with or without an active assessment roll,
provided a suitable means of financing the extension is first established.
Cost of the extension may be covered by any one or more of the following
methods:
[1]
Establishment of an active assessment roll.
[2]
Establishment of a deferred assessment roll.
[3]
Establishment of a schedule of charges to be paid when properties
are connected to the utility.
[4]
Payment by a single interested party, with or without a payback
agreement.
[5]
Establishment of trunkage charges or other charges to be collected
as properties are connected to the utility.
[6]
By utility service charges.
[7]
By construction as part of an approved subdivision or property
expansion.
[8]
By other means deemed to be in the best interests of the Township.
(3)
Utility service requests. Where utility services have been placed
in public streets or public easements adjacent to a parcel, requests
to connect to the utility shall be made to a representative of the
Township designated by the Township Board. A connection permit shall
be granted after all applicable charges, fees, assessments, agreements,
or other arrangements have been paid or established as determined
by the designated representative.
(4)
Utility charges. The Township Board shall establish service charges
adequate to pay the operational costs of a utility system and, if
deemed desirable, to also pay for a portion of the capital investment,
including depreciation charges. The service charges may be altered
from time to time by the Township Board as deemed necessary to meet
these obligations.
B.
Licensed private sewage collection and treatment systems. It shall be the policy of Three Oaks Township to follow the terms of this Subsection B when considering whether to approve a subdivision which shall rely on a private sewage collection and treatment system.
(1)
The Township Board shall consider and apply the following guidelines
when deciding if the Township Board should adopt a resolution assuming
responsibility for a privately owned sewerage system:
(a)
Compelling need. The owners must demonstrate a compelling reason
for the need for a privately owned sewerage system, pursuant to one
or both of the following criteria:
[1]
The native soil conditions on the site will not support on-site wastewater disposal at levels that will permit a reasonable use of the property under Chapter 380, Zoning. The applicant shall provide verifiable and documented evidence in support of such an assertion prepared by an engineer licensed to practice in Michigan. The maximization of development density beyond a reasonable use of the property shall not be deemed a compelling reason for approval of a privately owned sewerage system.
[2]
The use of individually owned on-site wastewater disposal will
result in the loss or degradation of important natural features that
may be preserved and protected through the use of a privately owned
sewerage system. The applicant shall provide a detailed inventory
of the specific features that would be lost through the use of on-site
disposal and a description of alternative on-site disposal configurations
that were considered. The applicant shall also provide an inventory
of the specific features to be preserved through the use of a privately
owned sewerage system and a feasible mechanism to assure that preservation.
(b)
Land use and zoning. The contemplated development must comply with Chapter 380, Zoning. It must enhance the goals and objectives of the Township's Master Land Use Plan. Privately owned sewerage systems may be considered where there is a demonstrable benefit to the community. Such benefit must be demonstrated in terms of the preservation and protection of surface water, groundwater, forests, wildlife habitat, steep slopes, important viewsheds or other community values as expressed by the goals, objectives and policies set forth in the Master Land Use Plan.
(2)
System design. The plans and specifications for a proposed privately
owned sewerage system shall be prepared by a professionally qualified
engineer licensed in the state and properly scaled by the engineer
as required by law. The plans and specifications for the proposed
privately owned sewerage system shall meet all of the requirements
and conditions of the MDEQ, the Michigan Health Department and the
Berrien County Health Department. The system shall be designed to
facilitate the eventual connection of the privately owned sewerage
system to a municipal wastewater collection system in the event such
municipal services are provided in the area in the future.
(3)
Appropriate costs. The project design, construction and operating
costs of the proposed privately owned sewerage system shall be appropriate
for the intended use. The projected costs of capital improvements
to construct the privately owned sewerage system, the proposed debt
service costs, any and all fees and charges, the maintenance reserve,
the operation and maintenance costs and the proposed user charge system
(or other revenue mechanism) to support the ongoing operation and
maintenance of the system shall be reasonably commensurate with comparable
systems in the area.
(4)
Development agreement. The owners and all future property owners
shall be bound by an agreement with the Township in which they agree
to contractual terms substantially in accordance with this article.
(5)
Recorded instruments. The owners shall prepare and record such documents
as are required by the Township to inform future property owners regarding
their obligations to the Township, including but not limited to creating
covenants running with the land that incorporate the terms of the
privately owned sewerage system development agreement that bind not
only themselves but their heirs, representatives, successors, and
assigns to the terms of that agreement. If a condominium development
is involved, the development's master deed and other condominium documents
shall incorporate the terms of the privately owned sewerage system
development agreement that bind both the association, its successors
and assigns and the individual members of the association, their heirs,
representatives, successors, and assigns to the terms of that agreement.
The Township Board may require that all documents required by this
resolution be prepared by and/or reviewed by the Township Attorney
and all plans, specifications, construction drawings and permit documents
prepared by the applicant be reviewed by a licensed engineer retained
by the Township, prior to the Township Board considering whether to
approve the privately owned sewerage system. A complete and sealed
set of record (as-built) engineering drawings of the system shall
be filed with the Township at the completion of construction. The
applicant shall pay the costs of all attorney and/or engineering reviews
pursuant to this subsection.
C.
On-site water and wastewater systems. A subdivision may be approved
without connection to a public or private sewage collection and treatment
system or to an approved public water system, as follows:
(1)
The proposed subdivision shall be located in the AG-RR Zoning District;
(2)
The proposed subdivision shall be developed in accordance with this article and Chapter 380, Zoning;
(3)
All individual lots proposed shall be not less than one acre in area;
and
(4)
The design and construction of each on-site system shall be properly
permitted and licensed by appropriate local, county and state authorities.
A.
Approvals. The following procedure must be completed in order for
a subdivision to receive approval by the Township:
B.
Preplat discussion. Prior to the preparation of a preliminary plat,
there should take place a preplat discussion meeting between the proprietor
and the Planning Commission. The purpose of this meeting is to inform
the Planning Commission of a proprietor's intent to initiate a subdivision.
On or before this meeting, the proprietor should submit the following
to the Commission:
(1)
Eight copies of a sketch, to scale, indicating the general location
and configuration of the property to be subdivided; the alignment
of streets and lots; and the relationship of the proposed plat to
adjacent streets and neighboring properties.
(2)
A statement indicating how sanitary sewer service will be extended
and if public water will be extended.
(3)
During the preplat discussion meeting, it shall be the responsibility
of the Planning Commission, insofar as information is available to
it, to inform the proprietor about the following:
(b)
Planned or anticipated sites of parks and recreation areas and
other public uses.
(c)
Utility system capabilities.
(d)
Planned or anticipated public improvements, including streets,
utility extensions and the like.
(e)
Major street plans and potential problems relative to the natural
features of the area, including, but not limited to, floodplains,
soil conditions, topography, and groundwater tables.
(f)
Additional information which will assist the proprietor in proceeding
in a reasonable and sound manner toward final plat approval.
(4)
Preplat discussions are intended for information purposes only and
do not constitute binding commitments on the part of the Township.
Neither do they imply tentative approval of any subsequent preliminary
plat. Furthermore, such discussions shall not carry the authority
to proceed with construction or to sell or transfer property.
C.
Preliminary plats. The preliminary plat approval procedure is intended
to assure the Township that the proprietor is proceeding toward a
final plat which will conform to all applicable regulations and be
acceptable to the Township and other approving agencies. Approval
of the preliminary plat by the Township shall not relieve the proprietor
from obtaining the necessary approvals from other agencies having
jurisdiction over other aspects of the plat.
D.
Preliminary plat requirements. Preliminary plats shall be prepared
in accord with Sections 111 through 120 of the Land Division Act,[1] as amended, and § 205-17 of this article. Preliminary plats prepared for Planning Commission review and Step I approval by the Township Board shall include or be accompanied by items in § 205-17A(1) through (11) of this article. In addition to the review required in § 205-16E, the proprietor or his agent shall submit copies of the preliminary plat to the appropriate agencies as required in Sections 113 through 119 of the Land Division Act,[2] as amended.
E.
Submission of preliminary plats.
(1)
Preliminary plats shall be submitted to the Zoning Administrator
at least three weeks prior to the next regular meeting of the Planning
Commission. The following procedure shall be followed:
(a)
Submit 10 copies of the preliminary plat to the Zoning Administrator.
(b)
Submit to the Township Clerk a filing fee consistent with the
Three Oaks Township Escrow Policy, Resolution No. 06-10-9.
(c)
The Zoning Administrator shall retain one copy of the preliminary
plat and, within seven days from submission of a complete submittal,
forward two copies to the Supervisor, one copy to the Township Planner,
one copy to the Township Engineer, and one copy to each member of
the Planning Commission.
(2)
State law requires that within 90 days from the date of submission,
the Township Board shall act upon the preliminary plat. In order to
accomplish the necessary review within this time period, the proprietor
or his agent shall be present at all meetings of the Planning Commission
and the Township Board at which the plat will be reviewed. Failure
to attend as required shall suspend the calendar for approval until
the next meeting where the proprietor or his agent is present. The
plat shall be reviewed by the Zoning Administrator, Planner and Engineer,
who shall report to the Planning Commission on any suggestions or
recommend changes.
F.
Planning Commission review. The Planning Commission shall review the preliminary plat and the comments of the Zoning Administrator, Planner and Engineer. Particular attention shall be given to the requirements of § 205-17 of this article and applicable provisions of Chapter 380, Zoning. If the preliminary plat meets the requirements of this article and Chapter 380, Zoning, the Planning Commission shall give it preliminary approval. The Secretary of the Planning Commission shall forward one copy of the preliminary plat along with a notation indicating preliminary approval and any recommendations to the Township Board for Step I approval. The Secretary of the Planning Commission shall forward one copy of the preliminary plat along with the Planning Commission's recommendations to the applicant and one copy to the Township Board. If the plat does not meet the requirements of this article or Chapter 380, Zoning, the Planning Commission shall:
G.
Township Board Step I review, preliminary plat. After receipt of
the preliminary plat and recommendations from the Planning Commission,
the Township Board shall consider the preliminary plat within 30 days
from the date of receipt from the Planning Commission.
(1)
The Township Board shall consider the preliminary plat along with
the recommendations of the Planning Commission, Zoning Administrator,
Planner and Engineer. If the plat meets the preliminary plat requirements
of this article, the Board shall grant Step I preliminary plat approval.
The Township Clerk shall sign the plat with the notation that it has
received Step I approval and the proprietor shall be so notified.
Step I approval shall remain in effect for a one-year period and shall
signify:
(a)
That the general terms and conditions under which Step I approval
was granted will not be changed by the Township.
(b)
That the lot sizes, lot orientation, and street layout have
been approved.
(c)
That Step I approval may be extended if applied for by the proprietor
prior to the one year expiration date and granted by the Township
Board, in writing.
(2)
If the preliminary plat substantially meets the requirements of this
article, the Township Board may grant conditional approval of Step
I, such approval being conditioned upon the submission of such changes,
revisions or additional material as is determined to be necessary
to complete Step I. Upon the submission of such changes, revisions
or additional material, the preliminary plat shall be granted unconditional
Step I approval and the proprietor shall be so notified.
(3)
If the preliminary plat does not substantially meet the requirements
of this article, the Township Board shall deny Step I approval and
so notify the proprietor along with the reasons therefor.
H.
Township Board Step II review, preliminary plat.
(1)
After the Township Board has granted Step I approval, the proprietor
shall submit two copies of the preliminary plat to the Township Board
for Step II review. The proprietor shall also submit the following:
(a)
A list of all reviewing authorities certifying that the list
shows all authorities as required by Sections 112 to 119 of the Land
Division Act, as amended.
(b)
A copy of each review or subdivision site report by the authorities
noted in Sections 112 to 119 of the Land Division Act, as amended,
after their approval has been secured.
(c)
A copy of any proposed or required deed restrictions or covenants.
(d)
A copy of a preliminary draft of any special agreements which
may be required before final plat approval is granted.
(2)
The Township Board shall consider the preliminary plat and the above-noted
material and, if found to be in compliance with the terms of this
article, shall grant Step II approval. Step II approval shall remain
in effect for a period of two years from the date of approval and
shall signify:
(a)
That the general terms and conditions under which Step II approval
was granted will not be changed and the proprietor may proceed with
the installation of required improvements.
(b)
That the proprietor may submit all or parts of the Step II approved
preliminary plat as a final plat in accordance with the Land Division
Act, as amended, and this article.
(3)
The two-year period may be extended upon application by the proprietor
and approval by the Township Board. Written notice of the extension
shall be sent by the Township Clerk to the other approving authorities.
(4)
If the preliminary plat substantially meets the requirements of this
article, the Township Board may grant tentative approval of Step II,
such approval being conditioned upon the submission of such changes,
revisions or additional material as is determined to be necessary
to complete Step II. Upon the submission of such changes, revisions,
or additional material, the preliminary plat shall be granted unconditional
Step II approval and the proprietor shall be so notified. The Township
Board may, at its discretion, delegate final Step II review authority
to the Township Planner and/or Engineer, who shall be responsible
for ensuring that the conditions established for Step II approval
have been met. Once the Step II conditions have been met, the Township
Board shall grant final Step II approval. Final Step II preliminary
plat approval shall also be noted on the copy of the preliminary plat
to be returned to the proprietor.
(5)
If the preliminary plat does not substantially meet the requirements
of this article, the Township Board shall deny Step II approval and
so notify the proprietor along with the reasons therefor.
(6)
Installation of all plat improvements authorized by Step II approval
shall be in accord with the requirement of the appropriate agency
or utility authority having jurisdiction.
I.
Final plat approval. Within two years from the date of Step II approval
of the preliminary plat, the proprietor shall prepare and submit a
final plat containing all the certificates, signatures and specifications
required by the Subdivision Control Act.
(1)
After the signature of the surveyor, proprietor, County Treasurer,
Township Treasurer (if necessary), County Drain Commissioner, and
the County Road Commission are obtained, the proprietor shall submit
the final plat to the Township Clerk at least two weeks prior to the
next regular meeting of the Township Board. The proprietor shall also
submit the following:
(a)
An application fee consistent with the Three Oaks Township Escrow
Policy, Resolution No. 06-10-9, shall be submitted, as well as Berrien
County filing and recording fees.
(b)
One copy of as-built plans of all completed improvements.
(c)
All final agreements and deed restrictions.
(d)
Letters of approval from all applicable agencies or utility
authorities, stating that improvements have been properly installed,
inspected and inspection fees paid or that performance bonds or other
similar surety have been submitted for uncompleted improvements.
(2)
The Township Clerk shall review the final plat and associated material for compliance with all the requirements of § 205-16H, Township Board Step II review, preliminary plat.
(3)
If all submissions are found acceptable, the Clerk shall submit the
same to the Township Board at its next regular meeting for approval.
(4)
The Board shall approve or reject said final plat and associated
material and, if approved, shall instruct the Township Clerk to certify
such approval together with the date thereof. When required, the Clerk
shall also certify upon the final plat the approval and date of Health
Department approval on the approved preliminary plat.
(5)
The Township Clerk shall thereupon promptly forward all copies of
the final plat to the Clerk of the County Plat Board, together with
the Berrien County filing and recording fees.
(6)
When the final plat is returned by the State Treasurer with a certification
of approval, the final plat shall be recorded as a plat of record.
(7)
If the final plat and associated material are not found acceptable,
the Township Clerk shall so notify the proprietor, who shall arrange
for correction, modification, or additional guarantees to satisfy
the requirements of this article.
J.
Buildings and sales. Until recorded as a plat of record, a property
shall not be regarded as subdivided. No more than one principal building
may be constructed on such parcel, except that where streets and other
improvements have been installed and certified as complete by a professional
engineer licensed to practice in Michigan in accordance with the preliminary
plat, such streets shall be deemed to have subdivided the plat into
blocks, and one principal building may be constructed upon each block
so formed. Sale of any lot or portion of said parcel, unless by an
entire block, shall not be made until approval of the final plat.
(1)
Where a proprietor desires to construct additional buildings before
improvements are completed and before the final plat is approved by
the Township, he shall submit proof of performance guarantees to the
Township Board for approval. Said performance guarantees shall cover
the entire cost of installing the remaining improvements plus an amount
sufficient to pay all inspection costs. The performance guarantee
shall be in proper form, issued by an approved surety, and have a
specific time limit noted.
(2)
Regardless of the above stipulations on buildings, the Township Board
may restrict building on uncompleted plats if, in its opinion, premature
construction would not be in the best interests of the Township.
(3)
The Building Inspector shall not be authorized to issue any building
permits in an unrecorded plat unless otherwise authorized by the Township
Board under these provisions.
K.
Outlots. Outlots in a recorded plat shall be prohibited.
L.
Lot splits. Pursuant to Section 263 of Act 288, Public Acts, 1967,
as amended, the Subdivision Control Act,[3] at time of adoption of Code (see Ch. 1, General Provisions, Art. I) each division of a lot in a recorded subdivision shall result in a lot or lots which meet all the provisions of this article and Chapter 380, Zoning.
[3]
Editor's Note: See now the Land Division Act, MCLA § 560.263.
A.
Preliminary plat. The preliminary plat shall be designed in accordance with the provisions of §§ 205-18, 205-19 and 205-20, the requirements of the Land Division Act and, where applicable, the requirements of the County Health Department, the Drain Commission, the County Road Commission, the Department of Natural Resources, the Department of State Highways and Transportation, and the Water Resources Commission. The preliminary plat shall be drawn at a scale of not more than 100 feet to the inch and shall include or be accompanied by the following information:
(1)
The name of the plat; the name and address of the proprietor; the
name, address and seal of the surveyor; and a description of the property
to be subdivided.
(2)
A key map showing the location and position of the property and its
relationship to surrounding streets and the surrounding area, including
existing zoning of abutting areas.
(3)
North arrow, scale, contour interval, and legend when appropriate.
(4)
Contour elevations adjusted to USGS datum at not more than five-foot
intervals for all portions of the site to include proposed improvements.
(5)
Where appropriate, established floodplain contours and elevations
adjusted to USGS datum.
(6)
The location of all existing streets, lots, plats, public utilities,
drains, streams or bodies of water on or abutting the property.
(7)
The outlines, intended layout, and intended use of the entire property
owned or represented by the proprietor. The following shall be included:
(8)
The location and dimensions of all existing or proposed easements
or reserve strips, including electrical and telephone easements.
(9)
The locations and tentative sizes of proposed sanitary sewers, storm
sewers and catch basins, water mains, culverts, bridges, ponding areas,
ponds, lagoons, slips, waterways, lakes, bays, and canals.
(10)
Statements regarding:
(a)
Intent to utilize private or public water and public sanitary
sewage facilities.
(b)
Zoning and lot size requirements.
(c)
Zoning requirements for front, side and rear yards.
(e)
Intent to install gas, sidewalks, streetlights, and shade trees.
(f)
Use of waterways, rivers, streams, creeks, lakes or ponds.
(11)
The location and depth of soil boring tests and/or the location
of percolation test holes where public sanitary sewer is not available
for use.
(12)
Copy of any proposed or required deed restrictions or covenants.
(13)
Copies of reviews and approvals and, where necessary, subdivision
site reports from:
B.
Final plat. The final plat shall be prepared as required by the Land Division Act, as amended, and submitted to the Township Clerk in accord with § 205-16I. The final plat shall also be accompanied by or show the following additional information:
(1)
One set of approved as-built or final construction plans for all
required improvements to be kept on file by the Township.
(2)
One copy of the final deed restrictions or restrictive covenants.
(3)
Deeds to any properties to be dedicated to the Township.
(4)
Performance or installation agreements for any improvements not controlled
or regulated by other agencies, such as sidewalks, streetlights, or
shade trees.
(5)
One copy of any financing arrangements between the Township and the
proprietor for the installation of required improvements.
A.
Density-utility relationships.
(1)
For the purpose of this article, subdivisions shall be classified as complete utility or partial utility, depending whether or not public water is provided or contemplated. To encourage economical and sound extension of utility service, to avoid premature concentrations of population, and for reasons of health and sanitation, the minimum required area of each lot shall increase as the availability of public water service decreases. This article may impose greater lot sizes than required by Chapter 380, Zoning, but may not decrease the minimums of Chapter 380, Zoning. Lot splits in any zones need only conform to or exceed the minimum requirements of Chapter 380, Zoning, except when located upon a major street, wherein the provision of § 205-20, General provisions for all subdivisions, shall apply.
(2)
Public sanitary sewers must be provided in all plats as stated in § 205-15A. Public water utilities shall be required in all subdivisions where public water facilities are adjacent to, or reasonably available to, the subdivision. For the purpose of this article, the term "reasonably available" shall mean:
(a)
Public water service shall be reasonably available if it can
be reached by an extension outside of the plat equal to or less than
50% of the length required within the plat, both in the proposed plat
itself and in the remainder of the property yet to be platted as shown
on the preliminary plat, provided this extension is via public street
right-of-way or readily obtainable easements. If easements are required,
the Township at its option may assist in obtaining said easements.
(b)
The cost of utility extensions inside or outside a subdivision
shall be the expense of the proprietor; providing, however, that when
an extension outside a plat is required, a payback agreement may be
negotiated with the Township, where appropriate, to enable the developer
to recoup some of his expense of extending the sewer or water line.
B.
Complete utility and partial utility subdivisions. The minimum lot
area and frontage requirements shall be as follows:
(1)
Lot areas and widths in a complete utility subdivision shall meet
or exceed the minimum lot areas and widths specified in the zoning
district in which it is located, except that corner lots shall exceed
the minimum lot width by at least 10 feet.
(2)
Lot areas and widths in a partial utility subdivision shall meet
or exceed the minimum lot areas and widths specified in the zoning
district in which it is located, except that 25% of all the lots shall
exceed the minimum lot area and width specified in the zoning district
in which it is located by at least 20% and 10 feet, respectively;
also, corner lots shall exceed the minimum lot width by at least 10
feet and may be included within said 25%.
A.
Complete utility subdivisions. Prior to the granting of final plat
approval for a complete utility subdivision, the proprietor shall
have installed, or have approved plans and agreements for the installation
of, the following improvements:
(1)
Streets. A paved street conforming to Berrien County Road Commission
construction standards.
(2)
Rights-of-way. All rights-of-way and easements shall be graded across
their entire width and length.
(3)
Water. A public water supply of a size specified by the Township
Engineer connected to an existing public system and available at the
property line of each lot within the subdivision, together with fire
hydrants in locations specified by the Township. A water system constructed
by the proprietor to serve more than one parcel, but not connected
to the public system, may be permitted under the following conditions:
(a)
Construction requirements shall be the same as for a public
system, including individual connections.
(b)
The system shall be designed to be connected to the future public
system at an easily reached location along its extremity.
(c)
Operation and maintenance of the system shall be the responsibility
of the proprietor and the property owners.
(d)
The system shall be approved and routinely checked by the County
Health Department or such other duly appointed agencies.
(4)
Sewers and drainage. Public sanitary sewers connected to an existing
public system or a licensed and regulated private system and available
at the property line of each lot within the subdivision, conforming
to the size and specifications of the Township and compatible to the
existing system, culverts, catch basins, and storm sewers of a size
specified by the Berrien County Road Commission and outletting from
the subdivision in a method, and to a drainage system, approved by
the Berrien County Drain Commissioner.
(5)
Electric and telephone conduits. Underground electrical and telephone
conduits, together with connection terminals available at each lot.
(6)
Gas service. Where available, gas distribution lines beneath the
street prior to the paving and curbing of any street, at locations
adequate to serve each lot by connections thereto without the further
installation of gas lines beneath such streets.
(7)
Sidewalks shall be provided in accordance with the following standards:
(a)
Sidewalks shall be constructed of concrete or asphalt and shall
be not less than five feet wide and four inches thick for concrete
or six inches thick for asphalt.
(b)
All sidewalks shall incorporate handicapped sidewalk curb cuts
from the curb to the intersection of the sidewalk.
(c)
Permits for construction of sidewalks shall be obtained from
the Berrien County Road Commission and shall be built to or exceed
the requirements of this article and the standards of the Berrien
County Road Commission.
(d)
All sidewalks shall be constructed by the developer prior to
final plat approval. Final plat approval can be given without construction
of sidewalks, provided not more than three years have elapsed since
the Township Board has granted Step II preliminary plat approval and
provided there is posted by the developer with the Township either
a cash bond or an irrevocable letter of credit in an amount equal
to the total cost of construction of the sidewalks as determined by
the Township Engineer. If the sidewalks are properly constructed prior
to the three-year time period, the cash bond plus any accrued interest
earned thereon shall be returned to the developer, or the letter of
credit will be canceled.
(e)
After sidewalks have been constructed, the owner of a lot and
any person or entity that takes out a building permit for any type
of construction on a lot within the plat shall be responsible for
repairing, restoring, or replacing any broken or damaged sidewalks
adjacent to the property for which a building permit is issued such
that they are in conformance with the standards required for original
construction up and until an occupancy permit is issued.
(8)
Topsoil. No topsoil shall be removed from the site or used as fill.
Topsoil moved during the course of construction shall be redistributed
and stabilized by seeding, plantings, or other acceptable erosion
control methods.
(9)
Street trees. Street trees shall be planted between the sidewalk and the travel surface of the road at intervals of not more than 200 feet. Street trees shall be of a mixed variety known to be hardy in the local climate. The Township shall require an adequate performance guarantee to assure that street trees become established, in accordance with § 205-20H hereof.
(10)
Monuments. Monuments shall conform to the Land Division Act
of 1967, as amended.
(11)
Street signs. Street signs shall be placed at all intersections
within or abutting the subdivision. The name, type and location shall
be specified or approved by the Berrien County Road Commission.
B.
Partial utility subdivisions in primary service areas. The same improvements called for in § 205-19A shall be required, except if a public water system is not reasonably available, individual wells may be used, provided water samples and well locations are submitted to and approved by the County Health Department.
C.
Subdivisions served with on-site system. With the exception of the requirements of § 205-19A(3) and the provisions of § 205-19A(4), pertaining to sanitary sewer, the same improvements called for in the balance of § 205-19A shall apply to subdivisions served with on-site systems.
D.
Variations in subdivisions. The following provisions may be waived
by the Planning Commission upon request of the proprietor during the
preliminary plat review stage:
(1)
Where an existing metes and bounds parcel is being incorporated into
a subdivision, the width, depth and area requirements of this article
may be waived for the specific parcel if the Planning Commission determines
it will not have a detrimental effect on the subdivision.
(2)
Topsoil provisions may be waived where it is demonstrated there is
an excess of topsoil. In no event shall topsoil be used as fill.
E.
Cost distribution of oversized improvements. Where the Township requires
that a given improvement be increased in size, length, or depth to
meet the needs of other areas, arrangements shall be made with the
Township or its agent prior to installation, or prior to approval
of, a final plat for the additional costs thereof. Township funds
for permanent investment in these improvements are limited, and nothing
contained herein shall obligate the Township for these costs. The
extension of utilities or improvements smaller than required to meet
the needs of an entire area is prohibited.
A.
Master Plan. All subdivisions shall conform to the provisions and
conditions of the Master Plan and Zoning Map for future development
of the Township except as may be modified by this article.
B.
Streets. All streets shall conform in direction and alignment with
the Master Plan and shall connect with existing streets without jogs
or sharp angles. The design and location of streets shall not have
the effect of precluding access to undeveloped adjacent property.
The following requirements shall be met:
(1)
Curves. Curving streets shall have a center-line radius conforming
to Berrien County Road Commission standards.
(2)
Rights-of-way. Street rights-of-way shall be at least 66 feet in
width unless a greater width shall be required by the Berrien County
Road Commission or the Michigan Department of Transportation.
(3)
Stub or outlet streets. Stub streets or outlets to adjacent undeveloped
property are required and shall be fully improved, including drainage
and utilities, as required for all other streets in the subdivision.
(4)
Dead-end streets. Dead-end streets shall not exceed 800 feet in length
unless a paved outlet street is provided when required to adjacent
property. There shall be a turnaround roadway with a minimum outside
right-of-way radius meeting the requirements of the Berrien County
Road Commission.
(5)
Reserve strips. Reserve strips along major streets may be required
by the Planning Commission to be dedicated to the Township or county
to prohibit access upon the major street from a specified lot or lots.
(6)
Street names. All street names shall be subject to the approval of
the Township Board and the Road Commission.
(7)
Offsets. Offsetting streets at an intersection are prohibited unless
the center lines thereof are offset at least 125 feet. Such offsets
shall be subject to Township, county, and Road Commission approval.
(8)
Access. Any plat or series of contiguous plats having 40 or more
lots shall have a minimum of two points of access to a collector or
a major street.
C.
Lots. Every lot shall face upon a dedicated street and shall have a width at the right-of-way line and depth as required by Chapter 380, Zoning.
(1)
Shape. No lot shall be of such a shape as to require a variance from the provisions of Chapter 380, Zoning.
(2)
Double frontage. No lot shall be bounded on opposite sides by streets
except that on a major street, the Planning Commission may require
that abutting lots face upon a collector or local street and that
a reserve strip be provided to prohibit access upon such major street.
(3)
Suitability. Where there is a question as to the suitability of a
lot or lots for their intended use due to factors such as soil formations,
flood conditions, floodplains, high water table, or similar circumstances,
the Planning Commission shall, after adequate investigation, withhold
approval of such lots. Such lots shall be combined with other lots
in such manner as to prohibit future resubdivisions.
D.
Block lengths. Blocks shall not exceed 1,000 feet in length without
an intersection with a connecting street. Side streets or outlets
or streets to adjoining property may be required at a lesser interval
if deemed necessary by the Planning Commission.
E.
Public easements. Where a subdivision is traversed by a watercourse
or open drain, there shall be provided a public easement of such width
as determined necessary by the County Drain Commissioner. The Planning
Commission may require twenty-foot public easements along the lot
lines of a block for utility facilities, walkways, access to public
land, or similar needs of the community. Easements may be required
to be dedicated to the Township or county.
F.
Public sites and open spaces. Where a proposed park, playground,
school, street or other public use shown in the Master Plan is located
in whole or in part in a subdivision, the Planning Commission shall
bring the same to the attention of the proprietor and the Township
Board so that they may address the question of acquiring such areas
by dedication, reservation or payment.
G.
Business and industrial subdivisions. Where land is subdivided to be used for business or industrial purposes permitted by Chapter 380, Zoning, the services and improvements to be required shall be established by the Planning Commission in accord with the proposed use.
H.
Performance guarantees. The Township Board may require formal agreements
or the posting of a cash bond or letter of credit other surety acceptable
to the Township Attorney and sufficient to guarantee the proper performance
of required improvements or materials to meet the provisions and intent
of this article.
I.
Inspection and specifications. The Township Board may establish inspection
fees, inspection requirements, specification standards, and administrative
procedures as provided by law, and such shall be deemed to be requirements
of this article. All plans and installations of improvements called
for shall be subject to the approval of the Township or its agent,
or such other competent person as designated by the Township. All
inspection fees shall be paid by the proprietor before the final plat
is signed by the Township unless adequate sureties or deposits to
cover these expenses are given to the Township prior to final plat
approval.
A.
Grounds for a variance. If the proprietor can clearly demonstrate
that literal enforcement of this article is impractical or will impose
undue hardship in the use of his land because of peculiar conditions
pertaining to his land, the Township Board may permit such variances
as it believes to be reasonable and consistent with the general purpose
and policy of this article. A financial hardship or real or potential
gain shall not, of itself, provide sufficient grounds for such variance.
In making the findings required herein, the Board shall consider the
recommendations of the Planning Commission, the location and condition
of the proposed subdivision, the nature of the proposed variance as
compared with 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 subdivisions and variances on traffic
conditions, public health, and safety in the vicinity. No variance
shall be granted unless the Board finds that all of the following
conditions exist:
(1)
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)
The variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
(3)
The granting of the variance will not be contrary to state or county
regulations or Township ordinances, detrimental to the public welfare,
or injurious to other property in the area in which said property
is situated.
B.
Procedure for a variance. A petition for any such variance shall
be submitted, in writing, by the proprietor at the time when a preplat
or the preliminary plat is filed for the consideration of the Planning
Commission, or thereafter to meet any requirement of the Planning
Commission. The petition shall state fully the grounds for the application
and all of the facts relied upon by the petitioner. The Planning Commission
shall make a recommendation by majority vote to the Township Board
upon any requested variance.
A.
Administration. This article shall be administered by the Township
Board. The rules, regulations and standards imposed by this article
shall be considered to be the minimum requirements for the protection
of the public health, safety and welfare of the citizens of the Township;
and in interpreting and applying them, primary consideration shall
be given to these factors.
B.
Severability. If any article, section, subsection, sentence, clause
or phrase of this article is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remaining portions
of this article.
C.
Enforcement and penalties.
(1)
This article shall be enforced by the Township Board.
(2)
Penalties.
(a)
Any person who shall sell or agree to sell any lot, piece or
parcel of land without first having recorded a plat thereof (as defined
in the Land Division Act), when required by this article, shall be
guilty of a misdemeanor and upon conviction shall be punished by a
fine of not more than $500 or imprisonment in the county jail not
to exceed 180 days, or both, for the first offense, and for each subsequent
offense, a like fine and imprisonment in the county jail not to exceed
one year, or both. The term "agree to sell" shall not include an option
to buy extended from the seller for a money consideration to the prospective
buyer.
(b)
Any person who violates any other provision of this article
shall be guilty of a misdemeanor and upon conviction shall be fined
not more than $500 or imprisonment not more than 90 days, or both
such fine and imprisonment in the discretion of the court, together
with the costs of prosecution of such offense. Every day such violation
is permitted to exist shall constitute a separate offense.
(3)
Actions to restrain or prevent violations. The Township Board may
bring an action in its own name in the Circuit Court to restrain or
prevent any violation of this article or any continuance of any such
violation. Such action shall be brought in the county where the land
is located, the defendant resides or has his principal place of business.
D.
Effective date. This article shall be effective eight days after
publication in a newspaper circulating with Three Oaks Township.
