[Ord. of 6-13-1972; amended 1-31-2019 by Ord. No. 2019-1]
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:
A public or private right-of-way shown on a plat which provides
secondary access to a lot, block or parcel of land.
Revised construction plans in accordance with all approved
field changes.
An area of land within a subdivision that is entirely bounded
by streets, highways or ways, except alleys, and the exterior boundary
of the subdivision.
A line parallel to a street right-of-way line, shore of a
lake, edge of a stream or river bank, established on a parcel of land
or on a lot for the purpose of prohibiting construction of a building
between such line and a right-of-way, other public area or the shore
of a lake, or the edge of a stream or river bank.
The name by which the plat is legally and commonly known.
A planned commercial center providing building areas, parking
areas, service areas, screen planting and widening, turning movement
and safety lane roadway improvements.
A right-of-way, dedicated to public use, which crosses a
block to facilitate pedestrian access to adjacent streets and properties.
The intentional appropriation of land by the owner to public
use.
Any person who is registered in the state as a professional
engineer.
That area of land adjoining the channel of a river, stream,
watercourse, lake or other similar body of water, which will be inundated
by a flood which can reasonably be expected to occur once in 25 years
for that region.
A strip or parcel of land, privately restricted or publicly
dedicated as open space, located between incompatible uses for the
purpose of protecting and enhancing the residential environment.
Any structure incident to servicing or furnishing facilities
for a subdivision, such as grading, street surfacing, curb and gutter,
driveway approaches, sidewalks, crosswalks, water mains and lines,
sanitary sewers, storm sewers, culverts, bridges, utilities, lagoons,
slips, waterways, lakes, bays, canals and other appropriate items
with appurtenant construction.
A planned industrial area designed specifically for industrial
use, providing screened buffers, wider streets and turning movement
and safety lane roadway improvements, where necessary.
Public Act No. 288 of 1967 (MCL 560.101 et seq.).
A measured portion of a parcel or tract of land, which is
described and fixed in a recorded plat.
The horizontal distance between the front and rear lot lines,
measured along the median between the side lot lines.
The horizontal distance between the side lot lines, measured
at the setback line and at right angles to the lot depth.
That part of the master plan which describes the existing
street system in the Township and outlines future street planning
needs.
The basic plan, as amended from time to time adopted by the
Township pursuant to Public Act No. 33 of 2008 (MCL 125.3801 et seq.).
Such plan may include all or any part of the elements described in
such Act and may include maps, plats, charts, and descriptive, explanatory
and other related matter.
When included within the boundary of a recorded plat, a lot
set aside for purposes other than a building site, park or other land
dedicated to public use or reserved to private use.
A continuous area or acreage of land which can be described
as provided for in the Land Division Act.
A land area which has both individual building sites and
common property, such as a park, and which is designated and developed
under one owner or organized group as a separate neighborhood or community
unit.
A map or chart of a subdivision of land. The precise content
and scope of various types of plats are described in Division 2 of
this article.
A map showing the salient features of a proposed subdivision,
submitted to an approving authority for purposes of preliminary consideration.
A natural person, firm, association, partnership, joint venture,
or corporation, or combination of any of them, which may hold any
recorded ownership interest in land. The proprietor is also sometimes
referred to as the "owner."
Land dedicated or reserved for use by the general public,
including, without limiting the generality of the foregoing, parks,
parkways, recreation areas, school sites, community or public building
sites, streets and highways, and public parking spaces.
Any person, firm, association, corporation, partnership,
joint venture, or municipal or other public authority, or combination
of any of them, providing gas, electricity, water, steam, telephone,
telegraph, storm sewers, sanitary sewers, transportation or other
services of a similar nature.
The process of changing, or the map or plat which changes,
the boundaries of a recorded subdivision plat or part thereof. The
legal dividing of an outlot within a recorded subdivision plat without
changing the exterior boundaries of the outlot is not a replat.
A street, alley, thoroughfare, easement or strip of land
used or intended to be used for pedestrian or vehicular access by
the general public and not reserved for the exclusive right of any
individual.
The unobstructed vision on a horizontal plane along a street
center line from a driver-eye height of 3.75 feet and an object height
of six inches.
A right-of-way which provides for vehicular and pedestrian
access to abutting properties.
ARTERIAL STREETThose streets of considerable continuity which are used or may be used primarily for fast or heavy traffic.
COLLECTOR STREETThose streets used to carry traffic from minor streets to arterial streets, including principal entrance streets to large residential developments.
CUL-DE-SACA minor street of short length having one end terminated by a vehicular turnaround.
EXPRESSWAYThose streets designed for high-speed, high-volume traffic, with full or partially controlled access, some grade crossings but no driveway connections.
FREEWAYThose streets designed for high-speed, high-volume through traffic, with completely controlled access, no grade crossings and no private driveway connections.
MARGINAL ACCESS STREETA minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic and not carrying through traffic.
MINOR STREETA street which is intended primarily for access to abutting properties.
PARKWAYA street designed for noncommercial, pleasure-oriented traffic, moving at moderate speeds, between and through scenic areas and parks.
The shortest distance between the lines delineating the right-of-way
of a street.
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 this article
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 this article.
Either a land surveyor who is registered in the state as
a registered land surveyor or a civil engineer who is registered in
the state as a registered professional engineer.
A map showing existing physical characteristics, with contour
lines at sufficient intervals to permit determination of proposed
grades and drainage.
[Ord. of 6-13-1972, Ord. No. 95-16, 1-12-1995]
Any person who shall violate a provision of this article or
shall fail to comply with any of the requirements thereof shall be
responsible for a municipal civil infraction.
[Ord. of 6-13-1972]
The purpose of this article is to regulate and control the subdivision
of land within the Township in order to promote the safety, public
health and general welfare of the Township. Without limiting the generalities
of the foregoing, this article is specifically designed to:
(1)
Provide for orderly growth and harmonious development of the Township
consistent with orderly growth policies;
(2)
Secure adequate traffic circulation through coordinated street systems
with proper relation to major thoroughfares, adjoining subdivision,
and public facilities;
(3)
Achieve adequate provisions for water, drainage, and sanitary facilities
and other health requirements;
(4)
Encourage the provision of recreational areas and facilities, school
sites and other public facilities; and
(5)
Provide procedures for the achievement of these purposes.
[Ord. of 6-13-1972]
This article is enacted pursuant to Public Act No. 246 of 1945
(MCL 41.181 et seq.) and Public Act No. 288 of 1967 (MCL 560.101 et
seq.), the Land Division Act.
[Ord. of 6-13-1972]
This article shall not apply to any lot in a plat that has received
either preliminary or final approval from the Township Board nor to
any lot forming a part of a subdivision created and recorded prior
to the effective date of the ordinance from which this article is
derived except in the case of any further division of lots located
therein. This article shall not repeal, abrogate, annul, or in any
way impair or interfere with existing provisions of other laws, ordinances
or regulations, or with private restrictions placed upon property
by deed, covenant, or other private agreements; or with restrictive
covenants running with the land to which the Township is a party.
Where this article imposes a greater restriction upon land than is
imposed or required by such existing provision of any other ordinance
of the Township, the provisions of this article shall control.
[Ord. of 6-13-1972]
The approval provisions of this article shall be administered
by the Township Board in accordance with the Land Division Act.
[Ord. of 6-13-1972]
The schedule of fees for the review of plats pursuant to this
article shall be as follows: $100 for the first 20 lots or fewer located
in the proposed subdivision and $5 for each additional lot over 20
located in the proposed subdivision.
[Ord. of 6-13-1972]
The following rules of construction shall apply to this chapter:
(1)
The word "building" includes the word "structure."
(2)
A "building" or "structure" includes any part thereof.
(3)
The words "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended," "arranged," or
"designed to be used," or "occupied."
(4)
The term "adjoining lots and parcels" is intended to include lots
and parcels separated by highways, roads, streets or rivers.
[Ord. of 6-13-1972]
No plat required by this article or the Land Division Act shall
be admitted to the public land records of the county or received or
recorded by the Ottawa County Register of Deeds, until such plat has
received final approval by the Township Board. No public board, agency,
commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements
required by this article, unless such public improvement shall have
already been accepted, opened or otherwise received the legal status
of a public improvement prior to the adoption of the ordinance from
which this article is derived, unless such public improvement shall
comply in its location and in all other respects with the requirements
of this article.
[Ord. of 6-13-1972]
The Township Board may, from time to time, amend, supplement,
or repeal this article. A proposed amendment, supplement, or repeal
may be originated by the Township Board or by the Planning Commission.
All proposals not originating with the Planning Commission shall be
referred to it for a report thereon before any action is taken on
the proposal by the Township Board. Such report shall be submitted
in writing to the Township Board within 60 days from the date on which
the proposal is referred to the Planning Commission. If such report
is not received within 60 days, then the Township Board may act on
the proposal without the report of the Planning Commission.
