This chapter shall be known and may be cited as the "City of Fennville Subdivision Control Ordinance" or the "Subdivision Control Ordinance."
The purpose of this chapter is to regulate and control the subdivision of land in the City in order to promote the public peace and health and the safety and general welfare of persons and property in the City. Without limiting the generality of the foregoing, this chapter is specifically intended to:
A.
Provide for orderly growth and harmonious development of the community;
B.
Secure adequate traffic circulation through coordinated street systems with proper relation to major thoroughfares, adjoining subdivisions, and public facilities;
C.
Require individual property lots of maximum utility and livability;
D.
Insure adequate provision for water, drainage, and sanitary sewer facilities, and other health requirements; and
E.
Insure the provision for adequate recreational areas, school sites, and other public facilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter is enacted pursuant to the Land Division Act, Act 288 of PA 1967 (MCL 560.101 et seq.), as amended; as well as the Michigan Zoning Enabling Act, Act 110 of PA 2006 (MCL 125.3101 et seq.), as amended; the Michigan Planning Enabling Act, Act 33 of PA 2008 (MCL 125.3801 et seq.), as amended; and Michigan Act 222 of 1943 (MCL 125.51 et seq.), as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter shall not apply to any plat that has received preliminary approval from the City Commission under the Land Division Act before the effective date of this chapter, or to any plat created and recorded prior to the effective date of this chapter, except in the case of any further division, alteration or vacation of lots, roads or alleys located therein. This chapter 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 City is a party. Where this chapter imposes a greater restriction upon land than is imposed or required by such existing provision of any other law, ordinance or regulation of the City, county or state, the provisions of this chapter shall control.
After the date of this chapter, no person shall subdivide or re-subdivide land within the City, nor commence construction of any building or improvement of such land, prior to the final approval of the preliminary plat by the City Commission, and approval of final construction plans. Nothing in this chapter shall be deemed to prevent the City from instituting appropriate actions at law or equity to restrain, correct or abate threatened or continued violations of these regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The approval provisions of this chapter shall be administered by the City Commission in accordance with the Land Division Act.
A.
A schedule of fees for the administration of this chapter shall be established by resolution of the City Commission, which resolution may be amended from time to time. The fees shall be submitted by the subdivider to the City at the time of submission of the proposed subdivision for preliminary and final approval.
B.
Preliminary and final review fees, engineering fees, attorney fees, water assessments and connection fees, and other City fees and costs shall be paid to the City as follows:
(1)
Fees for preliminary and final plat review, construction plan review, construction review, municipal review and administration, and attorney review shall be in accordance with the schedule of fees adopted by the City Commission.
(2)
Charges for water connection shall be as established by ordinance or resolution.
(3)
All assessments as may be required or as have been established under provisions in other ordinances or resolutions of the City, including special assessments and deferred assessments, for existing public improvements which lie within or serve lots within a proposed subdivision, shall be fully paid prior to final plat approval.
(4)
Any other City cost plus 25%, if not included in a schedule adopted by the City Commission or by ordinance and if the cost is incurred by the City in reviewing or monitoring any subdivision.