It is the purpose of this article to specify the improvements which must be constructed by the subdivider as a condition precedent to final plat approval.
The subdivider of the proposed subdivision shall have prepared, by an engineer registered in Michigan, a complete set of construction plans, including without limitation profiles, cross-sections, specifications, and other supporting data, for all required streets, utilities, and other facilities. Such construction plans shall be based on preliminary plans approved with the preliminary plat and shall be prepared in conjunction with the final plat. Before construction commences, all construction plans shall be approved by the City and such public agencies as are required by law. All construction plans shall be prepared in accordance with the requirements, standards or specifications of such public agencies. The Mayor or other authorized agent may, in their discretion, require that the construction of any improvement be inspected during construction by such employees or agents of the City as the Mayor or other authorized agent shall designate, the expense of such inspection to be paid by the subdivider.
When construction of an improvement has been completed at the time of filing the final plat, one complete copy of as-built engineering plans of each completed improvement shall be filed with the City Clerk coincident with the filing of the final plat.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every subdivider shall be required to install the following public and other improvements in accordance with the provisions of this section.
A.
Monuments. Monuments shall be set in accordance with the Land Division Act and the rules promulgated by the Department of Treasury thereunder.
B.
Streets and alleys. All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the County Road Commission and in accordance with § 355-16B of this chapter.
C.
Curbs and gutters. All curbs and gutters shall be constructed in accordance with the standards and specifications adopted by the County Road Commission and in accordance with § 355-18B of this chapter.
D.
Public utilities. Public utilities shall be located in accordance with the rules of the County Road Commission. 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 arterial streets, freeways, expressways, and parkway rights-of-way. Conduits or cables shall be placed within private easements provided to such service companies by the proprietor or within dedicated public ways. All transformer boxes and similar devices shall be located so as not to be unsightly or hazardous to the public. Overhead lines may be permitted only upon approval of the City Commission at the time of final approval of the preliminary plat 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 Michigan Public Service Commission. All drainage and underground utility installation which traverse privately owned property shall be protected by easements granted by the proprietor. The underground work for all utilities shall be stubbed to the lot line of each premises served.
E.
Driveways. All driveway openings in curbs shall be constructed in accordance with the standards and specifications of the County Road Commission or the Department of State Highways, based on which such public agency has jurisdiction, and, if applicable, any City ordinance.
F.
Water supply system.
(1)
A water distribution system consisting of appropriate water distribution mains, fire hydrants, and other water system appurtenances shall be provided by the subdivider. This system shall meet all requirements of Allegan County, the State of Michigan, the City, and any water supplier with which the City has contracted for water supply. If water transmission lines are adjacent to the subdivision, the water system provided by the subdivider shall be connected to such transmission lines by the subdivider. If water transmission lines are reasonably proximate to the subdivision, then the City Commission may, in its discretion, require the subdivider to participate in and share in whole or in part the cost of extending such transmission lines to the subdivision. After such extension is completed, the water system provided by the subdivider shall be connected to the water transmission lines by the subdivider. If water transmission lines are not adjacent to or going to be extended to the subdivision, then the water system shall be charged and capped in such reasonable manner as is satisfactory to the City Engineer. As an alternative, the water distribution system may, with the approval of the City Commission after consultation with the Planning Commission, the City Engineer, and County Health Department, be connected to a central well or wells to be provided by the subdivider. Such well or wells shall be in conformance with all requirements of Allegan County, the State of Michigan, and the City. The City may, at its option, choose to operate and maintain such system or, in the alternative, the City can delay assuming operation and maintenance of such system until a later date. At such time as water transmission lines are adjacent to the subdivision, use of the central water system shall cease and terminate and connection shall be made forthwith to the water transmission lines at the expense of the subdivision, the cost to be shared on a pro rata basis by all lots within the subdivision. If a central well or wells are not provided, then individual wells may be utilized as long as they comply completely with all requirements of Allegan County, the State of Michigan, and the City.
(2)
If water transmission lines for a public water supply are not adjacent to or going to be extended to the subdivision, then the City Commission may, in its discretion, require that the subdivider execute an agreement agreeing to the imposition of a special assessment to cover the subdivision's share of the cost of providing the necessary public water facilities to extend a public water supply to the subdivision as well as the cost of connecting such facilities to the subdivision water system. Such agreement shall be prepared by the City and shall be in such form as shall be necessary, in the reasonable opinion of the City Attorney, to effectuate the purposes of this provision.
(a)
Construction standards. If a water distribution system is required of the subdivider by the City Commission, the following shall be the minimum construction standards to be used.
[1]
Water mains shall be at least eight inches in diameter. Larger sizes may be required in certain locations to provide adequate flows and pressure at fire flow or other peak demand.
[2]
A one-inch diameter service lead with curb box shall be provided for each lot. The service leads shall be installed to the property line, with the curb box installed at the right-of-way or as approved by the City Engineer.
[3]
The water main system shall be looped by connecting to at least two outside sources. If only one source is available, adequate provisions shall be made for future looping connections.
[4]
Fire hydrants in residential subdivision shall be located not more than 500 feet apart and situated such that all portions of buildings are within 250 feet of any fire hydrant. The proprietor shall install hydrant signs on ground-installed sign posts three feet behind (opposite the street side) all fire hydrants. Fire hydrants shall comply with City specifications.
[5]
Valves shall be placed at all intersections and such other location so that no more than 20 dwelling units may be isolated. Valve spacing shall not exceed 1,000 feet.
[6]
Dead end water mains serving culs-de-sac and other short street designs shall not exceed 500 feet in length. Where the length exceeds 500 feet, provisions for looping shall be provided as required herein.
[7]
No service connections to existing water main shall be made until pressure and bacteriological tests of the new main have been successfully completed and approved by the City Commission.
[8]
A note must be included on the plans stating that all work shall be in accordance with the City construction standards.
G.
Sanitary sewer.
(1)
When connection to a public sanitary sewer system is probable within a reasonable period of time, a sanitary sewer system consisting of appropriate sewer lines, lift stations, and other sanitary sewer system appurtenances shall be provided by the subdivider. This system shall meet all requirements of Allegan County, the State of Michigan, the City, and any agency with which the City has contracted for the treatment and disposal of its sewage. If sanitary sewer transmission lines are adjacent to the subdivision, the sanitary sewer system provided by the subdivider shall be connected to such transmission lines by the subdivider. If sanitary sewer transmission lines are reasonably proximate to the subdivision, then the City Commission may, in its discretion, require the subdivider to participate in and share in whole or in part the cost of extending such transmission lines to the subdivision. After such extension is completed, the sanitary sewer system provided by the subdivider shall be connected to the sanitary sewer transmission lines by the subdivider. If sanitary sewer transmission lines are not adjacent to or going to be extended to the subdivision, then the sanitary sewer system shall be capped in such reasonable manner as is satisfactory to the City Engineer. As an alternative, the sanitary sewer line system may, with the approval of the City Commission after consultation with the Planning Commission, the City Engineer, and the County Health Department, be connected to a central sewage disposal system to be provided by the subdivider. Such central sewage disposal system shall be in conformance with all requirements of Allegan County, the State of Michigan, and the City. The City may, at its option, choose to operate and maintain such system or, in the alternative, the City can delay assuming operation and maintenance of such system until a later date. At such time as sanitary sewer transmission lines are adjacent to the subdivision, use of the central sewage system shall cease and terminate and connection shall be made forthwith to such transmission lines at the expense of the subdivision, the cost to be shared on a pro-rata basis by all lots within the subdivision. If a central sewage disposal system is not provided, then septic tanks and disposal fields may be utilized so long as they comply with all requirements of Allegan County, the State of Michigan, and the City.
(2)
If sanitary sewer transmission lines are not adjacent to or going to be extended to the subdivision, then the City Commission may, in its discretion, require that the subdivider execute an agreement agreeing to the imposition of a special assessment to cover the subdivision's share of the cost of providing the necessary public sanitary sewer facilities to extend public sanitary sewer service to the subdivision. Such agreement shall be prepared by the City and shall be in such form as shall be necessary, in the reasonable opinion of the City Attorney, to effectuate the purposes of this provision.
(3)
When connection to a public sanitary sewer is not probable within a reasonable period of time, then septic tanks and disposal fields may be utilized as long as they comply completely with all requirements of Allegan County, the State of Michigan, and the City. In such instance the subdivider shall execute an agreement agreeing to the imposition of a special assessment to cover the cost of constructing appropriate sewer lines, lift stations and other sanitary sewer system appurtenances within the subdivision as well as the cost of providing the necessary public sanitary sewer facilities to extend public sanitary sewer service to the subdivision and to connect such facilities to the subdivision sewer system. Such agreement shall be prepared by the City and shall be in such form as shall be necessary, in the reasonable opinion of the City Attorney, to effectuate the purposes of this provision.
(a)
Construction standards. If a sanitary sewer system is required of the subdivider by the City Commission, the following shall be the minimum construction standards to be used.
[1]
Where sanitary sewer depth is minimal or too shallow for providing gravity service to basements, basement grades shall be shown for existing and proposed houses. Alternatively, the plans shall include a note stating that no basements will be served, or a description of the method of serving basements.
[2]
Sanitary sewers shall be at least eight inches in diameter. Larger sizes may be required at certain locations.
[3]
If sanitary sewers exist, all appropriate fees shall be paid prior to final plat approval.
[4]
A six-inch diameter service lead shall be provided for each lot. Each lead shall be extended to the lot line or to the interior easement line, in case an easement is adjacent to the street right-of-way, and shall be installed in accordance with the City construction standards.
[5]
Six-inch diameter property line service lead risers shall be installed to within a depth of three feet of the elevation of the adjoining street.
[6]
Maximum manhole spacing shall be 400 feet or as approved by the City Engineer.
[7]
The proprietor's engineer shall provide the Basis of Design as required by the Michigan Department of Natural Resources.
[8]
Manholes shall be placed at the end of every run receiving two or more connections, at intersections, at deflections in the sewer, at grade changes and at terminus runs of the sewer. Dead-end sewers shall be designated as follows: "To facilitate future construction only; no house leads allowed until a terminus manhole is constructed."
[9]
An easement shall be designated on the plan for each run of public sewer not in a public right-of-way. The minimum easement width shall be 20 feet.
[10]
Utility crossings shall be in accordance with Michigan Department of Natural Resources and Michigan Department of Public Health standards.
[11]
When the sanitary sewer is parallel to a water main, a minimum horizontal clearance of 10 feet, measured from the outside of the pipe to the outside of the pipe, is required.
[12]
Connection to an existing sanitary sewer will be permitted only after all required sewer tests have been successfully completed and approved by the City Engineer.
[13]
A note must be included on the plans stating that all work shall be in accordance with City construction standards.
H.
Storm drainage. An adequate storm drainage system, including necessary retention facilities, storm sewers, catch basins, manholes, culverts, bridges and other appurtenances, shall be provided by the proprietor in accordance with the regulations in this chapter and as otherwise approved by the City Commission.
(1)
The design of the storm drainage system shall include the retention of runoff within the development. Sufficient capacity shall be provided in the storm sewer system for upstream drainage.
(2)
The subdivider shall submit hydrologic and hydraulic calculations, along with a topography map, to support the storm drainage plan. A lot grading plan with proposed lot elevations, including each lot corner, the building finish grade and top of our elevations, shall also be submitted.
(3)
All facilities for the conveyance for storm runoff shall be designed using a design frequency of at least 10 years and the "rational method" of computing runoff. The initial time to the first catch basin or inlet incorporated in the formula for rainfall intensity shall be 15 minutes. The coefficient of runoff shall be as follows:
(4)
Minimum storm sewer velocity shall be 2 1/2 feet per second.
(5)
Retention basin volume shall be designed using a design frequency of 100 years. Size shall allow for an outlet rate no greater than the theoretical undeveloped discharge rate, or for percolation if there is no suitable outlet.
(6)
Maximum basin depth should not be greater than the depth to the historic high water table minus two feet; and two feet of freeboard shall be provided.
(7)
Storm drainage retention areas can have a negative effect on existing and proposed development. To the extent possible, the retention area must be designed to minimize the impact on adjacent development. Retention areas shall be screened from neighboring development and adjacent thoroughfares with shrubbery and landscaping. Appropriate fencing of all retention areas shall be required.
(8)
All storm drainage structures shall be four feet in diameter, or larger as may be necessary. Where appropriate, two-foot diameter catch basins may be allowed opposite four-foot structures.
(9)
All four-foot diameter structures shall be of the dry-well type.
(10)
In the event that a county drain is involved, the subdivider shall obtain the written approval of the Allegan County Drain Commissioner for the detailed design of those improvements under the Commissioner's jurisdiction.
(11)
Flood computations shall be provided as may be required by the Michigan Department of Natural Resources.
(12)
Storm sewers shall be at least 12 inches in diameter.
(13)
Catch basins shall be located as follows:
(a)
At or within five feet of the end of radius.
(b)
At all low points.
(c)
No more than 150 feet of street drainage will be allowed to flow around a corner.
(d)
A relief basin will be required at the highest end of a radius where drainage is required to cross an intersection longitudinally.
(e)
At intermediate points so that surface drainage flow will not exceed 300 feet. No more than 500 feet of street drainage shall drain into one basin (from two directions).
(14)
Manholes will be required at all junctions, deflections and grade changes, opposite catch basins for storm sewers 42 inches or smaller and as otherwise may be required by the City.
(15)
All storm sewers shall be placed within road or street rights-of-way where possible. Easements shall be provided for off-site storm drainage systems.
(16)
If off-site storm sewers are part of the development, work will commence at the outlet and work within the site shall not start until the off-site storm system has been installed to within the site.
(17)
Adequate soil erosion and sedimentation control measures shall be provided.
(18)
A note shall be included on the plans stating that all work shall be in accordance with City construction standards.
I.
Street name signs. Street name signs shall be installed in accordance with § 355-16B of this chapter.
J.
Crosswalks. Crosswalks, when required, shall:
(1)
Have easements at least 12 feet in width;
(2)
Include paved walks at least five feet in width located generally along the center lines of the easements; and
(3)
Be dedicated as public pedestrian walkways. Crosswalks shall be constructed in accordance with the standards and specifications adopted by the City Commission.
K.
Streetlighting. Decorative streetlights shall be installed at all intersections, curves, culs-de-sac, dead-end streets and at such other locations as the City Commission in its discretion reasonably requires. A street layout plan shall indicate proposed lighting pole locations. The streetlights shall be installed at the subdivider's expense. The subdivider shall sign an agreement with the City, obligating the subdivider to reimburse the City for the City's expense of operating the streetlights. The agreement shall be in a form approved by the City Commission, and it shall remain in effect until the operating expenses have been specially assessed to the lots in the subdivision through the creation of a special assessment district. The City Commission shall initiate the special assessment procedure when 60% of the lots in the subdivision have been sold by the subdivider. Once it has begun, the City Commission shall complete the special assessment procedure in a reasonably expeditious manner. The agreement between the subdivider and the City shall terminate if the City Commission decides, in its discretion, not to specially assess the operating expenses of the streetlights to the lots in the subdivision.
L.
Gas. Underground gas lines shall be installed whenever feasible.
In certain instances the improvements specified in this section shall be installed. In other instances such installation shall be optional. If installed, the improvements shall be installed as provided in this section.
A.
Recreation. Where a school site, neighborhood park, recreation area, or public access to water frontage, as previously delineated or specified by official action of the Planning Commission, is located in whole or part in the proposed subdivision, the City Commission may request the reservation of such open space for school, park, recreation or public access purposes. If such request is granted, then the area shall be reserved for the respective school district in the case of school sites or for the City in all other cases. The City may, in its discretion, accept a dedication of these land areas.
B.
Greenbelts. It is desirable for the protection of residential properties to have greenbelts or landscaped screen plantings located between a residential development and adjacent arterial streets, railroad rights-of-way or commercial or industrial land uses.
C.
Street trees. Street trees of a variety and size in accordance with written standards adopted by the City Commission by resolution may be planted between the street curb and sidewalk. The location of all street trees shall be approved by the City Commission.
D.
Landscaping. The proprietor is encouraged to provide landscaping, trees, and shrubbery within the proposed subdivision. Trees and other shrubbery may be provided by the proprietor within public rights-of-way as approved by the City Commission.
Subdivisions intended to accommodate industrial and commercial development shall conform to at least the following minimum requirements in addition to requirements set forth by the City Commission.
A.
General. A nonresidential subdivision shall be subject to all the requirements of these regulations, and shall be specifically designed for such purposes and shall have adequate provision for off-street parking, setbacks and other requirements in accordance with Chapter 450, Zoning.
B.
Standards. In addition to the principles and standards in this chapter, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate that the street, parcel, and block pattern proposed is suitable for the uses anticipated and takes into account other uses in the vicinity. The following general principles and standards shall be observed.
(1)
Proposed commercial or industrial parcels shall be suitable in area and dimensions to the types of commercial or industrial development anticipated.
(2)
Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.
(3)
Special requirements may be imposed with respect to street, curb, gutter and sidewalk design and construction.
(4)
Special requirements may be imposed with respect to the installation of public utilities, including water mains and stormwater drainage.
(5)
Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision for a permanently landscaped buffer strip when necessary.
(6)
Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.
The construction of all improvements required by this chapter shall either be completed by the subdivider prior to final plat approval or their completion shall be guaranteed as provided herein.
A.
Guarantee. In lieu of the actual installation and approval of all improvements required by this chapter prior to final plat approval, the City Commission may, in its discretion, for those requirements which are over and beyond the requirements of the County Road Commission, County Drain Commissioner, or any other public agency responsible for the administration, operation and maintenance of the applicable public improvement, permit the subdivider to guarantee completion of such required improvements in one or a combination of the following arrangements. In each instance where the subdivider is to guarantee completion of required improvements, the City and the subdivider shall enter into a written agreement specifying in detail the nature of the required improvements, the time in which these improvements are to be completed, provisions for checking or inspecting the construction of each such improvement to determine its conformity to the submitted construction plans and specifications, and the nature of the financial guarantee of performance which is to be provided by the subdivider for each such improvement. The City Commission may, on recommendation from the Planning Commission, waive financial guarantees of required improvements in the case of streetlights or street trees.
B.
Alternatives. A financial guarantee for completion shall be provided pursuant to one of the following alternatives.
(1)
Performance or surety bond.
(a)
Accrual. The bond shall accrue to the City and shall cover the full cost of constructing and installing the specific improvement and, where applicable, placing the specific improvement in operation.
(b)
Amount. The bond shall be in an amount equal to the total estimated cost for completing construction and installation of the specific improvement, including contingencies, as estimated by the City Commission, as well as, where applicable, the total estimated cost of placing the specific improvement in operation, including contingencies, as estimated by the City Commission.
(c)
Term. The term of the bond shall be for such period as shall be specified by the City Commission.
(d)
Bonding or surety company. The bond shall be written by a surety company which is authorized to do business in the State of Michigan and which is acceptable to the City Commission.
(2)
Cash deposit, certified check, negotiable bond, or irrevocable bank letter of credit.
(a)
Treasurer, escrow agent or trust company. A cash deposit, certified check, negotiable bond, or an irrevocable bank letter of credit, such bond or letter of credit to be approved by the City Commission, shall be deposited with the City. The escrow agreement may provide that the deposit will be held by the City Treasurer or, in the alternative and subject to approval by the City Commission, that the deposit will be held by a state or national banking corporation.
(b)
Dollar value. The cash deposit, certified check, negotiable bond, or irrevocable bank letter of credit shall be in an amount equal to the total estimated cost of construction and installation of the specified improvement, including contingencies, as estimated by the City Commission, as well as, where applicable, the total estimated cost of placing the specific improvement in operation, including contingencies, as estimated by the City Commission.
(c)
Term. The deposit shall be retained by the City Commission for a period to be specified by the City Commission.
C.
Penalty. In the event the subdivider shall, in any case, fail to complete an improvement within the period of the time specified in the agreement with the City for completion, the City Commission may, at its option, proceed itself to have the improvement completed. The agreement between the subdivider and the City shall provide that all costs and expenses incurred by the City in completing the improvement shall be reimbursed from the bond or deposit provided pursuant to Subsection B immediately above and, if such bond or deposit shall be insufficient, from the subdivider.
D.
Inspections of improvements. The City Engineer shall be responsible for the inspections of the construction of all improvements and shall certify that their construction has been satisfactorily completed. If the City Engineer finds upon inspection that any of the required improvements have not been constructed in accordance with the final plat, the City construction standards or as required by the City Commission, the proprietor shall be responsible for completing the improvements. Where the cost of improvements is covered by guaranty or surety, the proprietor and the bank, bond company or other agent shall be severally and jointly liable for completing the improvements according to specifications.
E.
Certificates of occupancy.
(1)
No certificate of occupancy for any building in the subdivision shall be issued prior to the completion of the improvements, dedication of the same to the City, and acceptance by the City Commission, except as provided below in this subsection.
(2)
Whenever, by reason of the season of the year, any lot improvement required by this chapter cannot be performed, the Building Inspector may issue a certificate of occupancy, provided there is not danger to health, safety or general welfare, upon the City accepting a cash deposit in an amount to be determined by the City Engineer for the cost of said improvement. The surety covering such lot improvement shall remain in full force and effect until the City Engineer has certified that the construction of the improvement has been satisfactorily completed. All required improvements for which a deposit has been accepted by the City at the time of issuance of certificate of occupancy shall be installed by the proprietor within one year. In the event that the improvement has not been properly installed at the end of the time period, the City Commission shall give two weeks' written notice to the proprietor requiring installation of same. If the improvement is not installed, the Mayor may then request the City Commission to authorize the City Engineer to contract out the work for the installation of the necessary improvement at a sum not to exceed the escrow deposit. At the time of issuance of this certificate of occupancy for which a deposit was made with the City, the proprietor shall obtain and file a notarized statement from the purchaser(s) of the premises authorizing the City to arrange and contract for the installation of the improvement at the end of the one year if same has not been duly installed by the proprietor.