This chapter shall be known as the "Subdivision
Regulation Ordinance of the City of Royal Oak."
The purposes of this chapter are those of providing
a guide for the orderly growth and harmonious development of the community;
to secure adequate traffic circulation by means of coordinated street
systems with relation to major thoroughfares, adjoining subdivision
and public facilities; to achieve individual lots of reasonable utility
and livability; to facilitate adequate provisions for transportation,
water supply, drainage, sanitary sewage and health requirements; to
make adequate provisions for recreational areas, school sites and
other public facilities; to facilitate the further subdivision of
larger tracts into smaller parcels of land; and to provide logical
procedures for the achievement of these purposes.
The authority to accomplish the purposes of
this chapter is contained in the following legislation:
A.
Charter, City of Royal Oak, Michigan, November 8,
1921, as amended, Chapter II entitled "General Powers," Section 1
B.
Municipal Planning Commission Act, Act 285, PA 1931,
as amended, entitled An Act to provide for city, village and municipal
planning; the creation, organization, powers and duties of planning
commissions; the regulation and subdivision of land; and to provide
penalties for violation of the provisions of this act.[1]
[1]
Editor's Note: See MCLA § 125.31
et seq.
C.
Subdivision Control Act of 1967, Act 288, PA 1967,
as amended, entitled An Act to revise the laws relating to the making,
approving, filing, recording of plats on subdivided properties; to
provide for reserving easements for utilities in vacated streets and
alleys; to provide penalties for the violation thereof; and to repeal
certain acts.[2]
[2]
Editor's Note: See MCLA § 560.101
et seq.
D.
Mapped Improvements Act, Act 222, PA 1943, as amended,
entitled An Act enabling the Planning Commission of cities and villages,
after adoption of a master plan, to certify plats of precised portions
thereof to the legislative body, and enabling cities and villages
by ordinance to adopt such certified plats showing the future outside
lines of streets, ways, places, parks, playgrounds and other public
grounds and to regulate buildings within such lines.[3]
[3]
Editor's Note: See MCLA § 125.51
et seq.
A.
BLOCK
CITY or MUNICIPALITY
CITY COMMISSION
CITY ENGINEER
CLERK
DATE OF FILING
(1)
(2)
(3)
EASEMENT
ENGINEERING PLANS
FINAL PLAT
GENERAL DEVELOPMENT PLAN
IMPROVEMENTS
LOT
LOT SPLIT
MASTER THOROUGHFARE PLAN
PARCEL (OR TRACT)
PERFORMANCE GUARANTEE
PERSON
PLANNED RESIDENTIAL DEVELOPMENT
PLANNING COMMISSION
PLANNING DIRECTOR
PRELIMINARY PLAT
PUBLIC RESERVATION
PUBLIC UTILITY
PUBLIC WALKWAY
REPLAT
REQUIRED IMPROVEMENTS
SKETCH PLAN
STREET
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
(6)
SUBDIVIDER or PROPRIETOR
SUBDIVISION
SUBDIVISION ACT
SUBDIVISION ORDINANCE
UTILITY PLANS
ZONING ORDINANCE
As used in this chapter, the following terms shall
have the meanings indicated:
That property on a preliminary or recorded plat entirely
surrounded by streets, streams, railroad rights-of-way, a park, etc.,
or a combination thereof.
City of Royal Oak.
The Royal Oak City Commission.
The City Engineer for the City of Royal Oak.
City Clerk for the City of Royal Oak.
DATE OF FILING FOR TENTATIVE APPROVAL OF THE PRELIMINARY PLATThe date of the initial Planning Commission meeting that the subdivider presents the preliminary plat for consideration.
DATE OF FILING FOR FINAL APPROVAL OF THE PRELIMINARY PLATThe date the subdivider files the tentatively approved preliminary plat and a certified list of all authorities required for approval with the Clerk.
DATE OF FILING FOR FINAL PLAT APPROVALThe date the subdivider files the necessary prints of the final plat with the Clerk.
A property right granted by the owner of property to the
public, a corporation, or persons, for specific uses and purposes,
and which shall be designated as a "public" or "private" easement
depending on the nature of the usage.
Plans for water supply, sewage disposal, surface drainage,
street improvements and other engineering requirements under the City
of Royal Oak's jurisdiction.
A map of all or part of a subdivision conforming substantially
to the approved preliminary plat of the subdivision prepared in accordance
with requirements of the Subdivision Control Act (Act 288, PA 1967,
as amended)[1] and this chapter, and suitable for recording in the office
of the Oakland County Register of Deeds.
The long-range development plan for the City of Royal Oak,
including graphic and written proposals indicating the general locations
recommended for the land uses, parks, schools, public facilities and
all physical developments of the City, including any unit or part
of such plan separately adopted, and any amendment to such plan or
parts thereof adopted by the Planning Commission.
Grading, street surfacing, curbs and gutters, sidewalks,
public walkways, water mains and lines, sanitary sewers, storm sewers,
culverts, bridges, utilities, and other additions, to the natural
state of the land which increases its values, utility or habitability.
A parcel of land separated from other parcels on a preliminary
or recorded plat for purposes of sale, lease, or separate use.
The division of a lot whose boundaries are fixed in a recorded
plat, into more than two but not more than four parts or parcels.
That part of the City of Royal Oak's General Development
Plan which is used for the location, alignment and dimensions of existing
and proposed streets and thoroughfares.
A continuous area or acreage of land which can be described
as provided for in the Subdivision Act.[2]
Any security, including US government bonds, cash deposits,
maintenance bonds and other similar collateral or security agreements,
which may be accepted by the City Commission in lieu of a requirement
that certain improvements be made prior to final plat approval.
Individual, partnership, firm, corporation, or association.
A technique of land use development reflecting a proper mixture
of residential dwelling units, open space, and commercial; and utilization
of the best potential of sites with special topographic or size features
for the total community development, also referred to as a "planning
area development."
The City of Royal Oak's Planning Commission.
The Director of Royal Oak's Planning Division of the Community
Development Department.
A detailed map indicating the proposed layout of the subdivision
so as to provide an adequate basis for the Planning Commission's and
City Commission's review as outlined in the preliminary plat stage.
A portion of a subdivision which is set aside for public
use and made available for public use and acquisition.
Any person, firm, or corporation, municipal department, board
or commission, duly authorized to furnish, and furnishing under governmental
regulations to the public, gas, steam, electricity, sewage disposal,
communications, telegraph, transportation or water.
A dedicated right-of-way, through residential areas, used
for the purpose of providing pedestrian access from one street to
another or from a street to a public parcel.
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.
Street grading and paving, curb and gutter, sidewalks, crosswalks,
water mains and lines, sanitary and storm sewers, utilities and other
appropriate items, with appurtenant construction.
A map of a proposed subdivision which is drawn with enough
accuracy and at a sufficient scale to satisfy the requirements of
the preapplication state of this chapter.
Any thoroughfare, avenue, boulevard, road, lane, parkway,
viaduct, service drive, alley or other way which is an existing state,
county, or municipal roadway, or a street or way shown in a plat heretofore
approved pursuant to law or approved by official action, or a street
or way on a plat duly filed and recorded in the office of the Oakland
County Register of Deeds. A street includes the land between the street
right-of-way lines whether improved or unimproved and may be comprised
of pavement, shoulders, gutters, sidewalks, parking areas, lawn areas,
and other areas within the street right-of-way lines.
BOULEVARDA street developed with two one-way pavements separated by a median.
COLLECTOR STREETA street which carries traffic from minor residential streets to major or urban thoroughfares, including principal entrance streets of a residential development.
PRIMARY THOROUGHFAREArterial street of considerable continuity which is designed primarily to allow moderate to high levels of traffic flow for both the City and the region beyond and is designated on the Master Thoroughfare Plan as a primary thoroughfare.
SECONDARY THOROUGHFAREAn arterial street similar in function to a primary thoroughfare but which is intended to provide for moderate levels of traffic flow and greater access to abutting properties and is designated on the Master Thoroughfare Plan as a secondary thoroughfare.
MINOR RESIDENTIAL STREETA street of limited continuity which is used primarily for providing access to abutting residential properties.
CUL-DE-SACA short minor residential street having one end open to traffic and being terminated at the other end by a permanent vehicular turnaround.
MARGINAL ACCESS STREETA minor residential street paralleling and adjacent to a major thoroughfare which provides access to abutting properties and protection from through traffic.
U OR LOOP STREETA minor street of short length having two openings to traffic beginning from the same street and projecting parallel to each other and connecting at their termination by a loop.
PUBLIC SERVICE DRIVE OR ALLEYA dedicated public way used primarily to provide secondary vehicular access to abutting properties and not intended for general traffic circulation.
Any natural person, firm, association, syndicate, partnership,
corporation, trust, or combination thereof which may hold any ownership
interest in the land to be subdivided.
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.
Subdivision Control Act of 1967, Act 288, PA of 1967, as
amended.[3]
The Subdivision Regulations Ordinance of the City of Royal
Oak, Michigan.
Plans for electricity, gas, telephone and other services
of a similar nature provided by a public utility other than those
services provided by the City of Royal Oak.
The City of Royal Oak's Zoning Ordinance, Chapter 770 of the City Code, as amended.
B.
Words. Single words shall include the plural, and
masculine words shall include the feminine and neuter.
C.
All terms as defined in the Subdivision Act shall
control in this chapter unless indicated to the contrary in this section.
