The preparation of a subdivision for platting
shall be carried out through four phases: prepreliminary plat investigation,
tentative approval of the preliminary plat, final approval of the
preliminary plat, and final approval of the final plat, all in accordance
with the procedure as follows after meeting the requirements set in
the Subdivision Act.[1]
[1]
Editor's Note: See MCLA § 560.101
et seq.
Prior to the preparation of a preliminary plat,
it is suggested that the subdivider meet informally with the Planning
Director to investigate the procedures and standards of the City of
Royal Oak, as they effect the area in which the proposed development
is located. The subdivider should concern himself with the following:
A.
The subdivider should familiarize himself with Chapter 770, Zoning, Subdivision Ordinance, General Development Plan, engineering specifications and other similar ordinances or controls relative to the subdivision and improvement of land, so as to make himself aware of the requirements of the City.
B.
The subdivider should review the existing zoning of
the location for the proposed subdivision to determine if it is zoned
for the intended use.
C.
The subdivider should review the development options of Chapter 770, Zoning, to determine the feasibility of utilizing one of these approaches.
D.
The subdivider should investigate the standards for
sewage disposal, water supply and drainage of the City and other
public utilities.
E.
The subdivider should investigate the relationship
of the proposed subdivision with respect to primary thoroughfares
and plans for widening of any said thoroughfares.
F.
The subdivider should investigate the adequacy of
existing schools and public open spaces, including parks and playgrounds,
to serve the proposed subdivision.
H.
Three copies of a sketch plan may be submitted by
the subdivider to the Planning Director. The purpose of the sketch
plan is to provide the subdivider with an opportunity to avail himself
of the advice and assistance of the Planning Director and other City
departments involved in subdividing, before the preparation of a preliminary
plat and its submission for approval, in order to save him time and
money and to make the most of his opportunities. A sketch plan prepared
by the subdivider should include the following:
(1)
A site analysis of the area proposed to be subdivided
which illustrates the relationship of the proposed subdivision with
respect to the following:
(2)
Land utilization concept plan.
(3)
The area for the proposed subdivision, including the
lot and street arrangements.
(4)
Proposed neighborhood and community facilities.
(5)
Proposed nonresidential facilities.
(6)
Proposed dwelling unit schedule.
I.
Nothing in this section, however, shall be so construed
as to require any preapplication contact and review and at this stage
shall not constitute any approval of the proposed preliminary plat
but shall serve primarily as guidance to the subdivider. Any subdivider
may elect to begin subdividing by submitting a preliminary plat in
accordance with the provisions of these regulations.
A.
The subdivider shall prepare a preliminary plat in
accordance with the specifications of this chapter and in accordance
with Section 111 of the Subdivision Act.[1] A preliminary plat shall be drawn to a scale no less than
one inch equals 100 feet and shall include the following:
(1)
Name of the proposed subdivision.
(2)
Name and addresses of the owner, owner subdivider
and the planner, engineer or surveyor who designed the subdivision
layout.
(3)
Date, north arrow and scale (written and graphic).
(4)
Boundary lines of the proposed subdivision and overall
property dimensions and acreage of the tract to be subdivided.
(5)
A key map at a scale of not less than one inch equals
1,000 feet showing the relationship of the subdivision to its surroundings
of not less than 1/2 mile, such as section lines, major and urban
thoroughfares and collector streets.
(6)
Property lines of adjacent tracts of subdivided and
unsubdivided land shown in relation to the tract being proposed for
subdivision, including those areas across abutting roads and with
landowners of those unplatted tracts being designated by name.
(7)
Street names, right-of-way widths, roadway widths
and locations of all existing or prior platted public or private streets
within and adjacent to the proposed subdivision, including those located
across abutting roads.
(8)
All existing structures and other physical features,
including topography drawn as contours with an interval of no more
than two feet based on USGS datum, which would have an influence on
the layout and design of the subdivision.
(9)
Layout of streets indicating proposed street names,
right-of-way widths and connections with adjoining platted streets
and also the widths and location of alleys, easements and public walkways.
(10)
Layout, numbers and approximate dimensions of lots,
including building setback lines showing dimensions.
(11)
Indication of parcels of land intended to be dedicated
or set aside for public use or for the use of property owners in the
subdivision.
(12)
An indication of the ownership, and existing and proposed
use of any parcels identified as "excepted" on the preliminary plat.
If the subdivider has an interest or owns any parcel so identified
as excepted, the preliminary plat shall indicate how this property
could be developed in accordance with the requirements of the existing
zoning district in which it is located and with an acceptable relationship
to the layout of the proposed preliminary plat.
(13)
In the case where the subdivider wishes to subdivide
a given area, but wishes to begin with only a portion of the total
area, the preliminary plat shall include the proposed general layout
for the entire area. The part which is proposed to be subdivided first
shall be clearly superimposed upon the overall plan in order to illustrate
clearly the method of development which the subdivider intends to
follow. Each subsequent plat shall follow the same procedure until
the entire area controlled by the subdivider is subdivided.
[1]
Editor's Note: See MCLA § 560.111.
B.
The subdivider shall prepare preliminary engineering
and utility plans in conjunction with the preliminary plat. Preliminary
water supply plans shall only be required where water supply systems
will be on private property.
C.
The subdivider shall submit 12 copies of the preliminary
plat, and three copies of the preliminary engineering and utility
plans in addition to other supporting documents to the City Clerk.
This information shall be submitted under the seal of a registered
engineer or registered land surveyor. This must be done at least 30
days prior to the next regularly scheduled Planning Commission meeting,
at which time the preliminary plat will be considered.
D.
The subdivider shall pay a fee of $75 to the City
Treasurer for the services involved in processing his plat.
E.
The Planning Director shall review the preliminary
plat for compliance with the General Development Plan and specifications
of this chapter and discuss it with the other City departments asking
for either recommendations and/or comments.
F.
The Planning Director shall accept the recommendations
and/or comments from each of the departments.
G.
Prior to the next regularly scheduled Planning Commission
meeting at which the preliminary plat will be considered, the Planning
Director shall complete his review of the preliminary plat and send
his recommendations along with those recommendations of other City
departments to the Planning Commission.
H.
At the regular meeting at which the preliminary plat
is scheduled to be considered, the Planning Commission shall hear
the recommendations and opinions of the Planning Director and other
City departments.
I.
The Planning Commission shall act on the preliminary
plat within 45 days after the date of filing. The Planning Commission
may require submission of additional related data as it deems necessary
prior to granting tentative approval of the preliminary plat. The
time required for approval by the City Commission and Planning Commission
may be extended if applied for by the subdivider and granted by the
City Commission in writing.
(1)
Should the Planning Commission approve the preliminary
plat, or lay down conditions for its approval, it shall record this
in its official minutes and notify the City Commission of this action
in a written report and forward the same, together with all accompanying
data, to the City Commission for its review.
(2)
Should the Planning Commission find that the preliminary
plat is not acceptable, it shall record the reason in its official
minutes and forward a written report, together with all accompanying
data, to the City Commission and recommend that the City Commission
disapprove the preliminary plat.
J.
The City Commission will not review a preliminary
plat until it has received the review and recommendations of the Planning
Commission. Following the receipt of such recommendations, the City
Commission shall consider the preliminary plat at such meeting that
the matter is placed on the regularly scheduled agenda. The City Commission
shall take action on the preliminary plat within 90 days of the date
of filing of the preliminary plat for tentative approval.
K.
Should the City Commission tentatively approve the
preliminary plat, it shall record its approval on the preliminary
plat and return one copy to the subdivider
L.
Tentative approval shall not constitute final approval
of the preliminary plat.
M.
Tentative approval of the preliminary plat by the
City Commission shall be effective for a period of 12 months. Should
the preliminary plat in whole or in part not be submitted for final
approval within this time limit, the preliminary plat must again be
submitted to the Planning Commission and City Commission for tentative
approval unless an extension is applied for in writing by the subdivider,
and such request is granted in writing by the City Commission.
A.
The subdivider shall file 12 copies of a valid preliminary
plat with the City Clerk together with a certified list of all authorities
required for approval in Sections 112 to 119 of the Subdivision Act.[1] The subdivider shall also submit all approved copies of
the preliminary plats obtained from each of the required authorities.
(1)
The preliminary plat shall conform substantially to
the tentatively approved preliminary plat, and it may constitute only
that portion of the tentatively approved preliminary plat which the
subdivider proposes to record and develop at the time.
(2)
If the plat includes parcels to be set aside for the
use of the property owners of the subdivision, written statements
shall be submitted with the preliminary plat indicating the following:
(a)
How legal title to the land is to be held.
(b)
How said property shall be regulated.
(c)
Provisions for the payment of taxes.
(d)
Persons or corporations responsible for maintenance.
(e)
How maintenance is to be guaranteed.
(f)
How maintenance and development are to be financed.
(g)
Other relevant facts related to the above.
(3)
Legal documents providing for the above shall be submitted
to the City Attorney for review, and said documents shall be acceptable
to the City Commission prior to final approval of the preliminary
plat.
[1]
Editor's Note: See MCLA §§ 560.112
to 560.119.
B.
The City Clerk shall place the preliminary plat on
the agenda of a regularly scheduled City Commission meeting to be
held within 20 days after the date of filing of the preliminary plat
with the Clerk's office.
(1)
The Planning Director shall check the proposed plat
for completeness. Should any of the data required by the Subdivision
Ordinance or the Subdivision Act[2] be omitted, the Planning Director shall inform the subdivider
of the data required and that the recognized date of filing shall
be delayed until the required data is received.
[2]
Editor's Note: See MCLA § 560.101
et seq.
(2)
The Planning Director shall review the preliminary
plat for compliance with the tentatively approved preliminary plat
and all conditions laid down for tentative approval and discuss it
with other City departments. If, in their opinion, the submitted preliminary
plat conforms to the tentatively approved preliminary plat and all
conditions laid down for tentative approval, the Planning Director
shall so indicate by forwarding the preliminary plat, comments and
recommendations to the City Clerk prior to the City Commission meeting
at which the plat is scheduled to be considered.
(a)
If, in their opinion, the preliminary plat does
not conform to the tentatively approved preliminary plat, the Planning
Director shall return the plat to the subdivider stating the reasons
for the rejection. If, in this case, the subdivider wishes to pursue
platting of the rejected preliminary plat, he shall start at the tentative
approval stage outlined previously.
(b)
The City Clerk shall receive and shall retain
the copies of the approved preliminary plat along with corresponding
recommendations and comments which have been transmitted by the Planning
Director.
(c)
The City Clerk or Planning Director shall, at
the City Commission meeting, present the preliminary plat along with
corresponding recommendations and comments to the City Commission.
C.
The City Commission shall take action on the preliminary
plat within 20 days of the date of filing for final approval.
D.
If the preliminary plat conforms substantially to
the plat tentatively approved by the City Commission and meets all
conditions laid down for tentative approval, the City Commission shall
give final approval to the preliminary plat.
E.
No construction of improvements shall begin until
the subdivider has:
F.
Final approval of the preliminary plat by the City
Commission shall be effective for a period of 24 months. This period
may be extended if applied for in writing by the subdivider and granted
by the City Commission. Written notice of the extension shall be sent
by the City Commission to other approving authorities.
A.
Preparation and filing. The final plat shall conform
substantially to the approved preliminary plat, may constitute only
that portion of the approved preliminary plat which the subdivider
has been previously approved to record, and shall conform in all respects
to the requirements of the Subdivision Act. Such final plat shall
have been processed in accordance with the Subdivision Act, Sections
162 through 165,[1] prior to submission.
(1)
The subdivider shall file an application for final
approval with the City Clerk.
(2)
The subdivider shall submit all official copies of
the final plat to the City Clerk.
(4)
The subdivider shall submit an abstract of title,
certified to date of the proprietor's certificate, to establish recorded
ownership interest and other information deemed necessary for the
purpose of ascertaining whether the proper parties have signed the
plat; or a policy of title insurance currently in force covering all
the land included within the boundaries of the proposed subdivision.
The City Commission, in lieu of an abstract of title, may accept,
on its own responsibility, an attorney's opinion based on the abstract
of title as to the ownership and marketability of title to the land.
[1]
Editor's Note: See MCLA §§ 560.162
through 560.165.
B.
The City Clerk shall place the final plat on the agenda
of a regularly scheduled City Commission meeting to be held within
20 days after the filing of the plat with the Clerk's office.
C.
The City Clerk shall forward the final plat to the
Planning Director who shall then coordinate a review with the other
City departments.
D.
The Planning Director shall transmit the recommendations
of the Planning Division and other City departments along with the
final plat to the City Clerk prior to the City Commission meeting
at which the final plat is scheduled to be considered.
E.
The City Commission shall, within 20 days after the
date of filing of the final plat, accept and review all findings from
the City Clerk and shall take either of the following actions:
(1)
Approve the final plat if it conforms to all provisions
of this chapter and the Subdivision Act[3] and instruct the City Clerk to certify on the final plat
the City Commission's approval and date thereof; the approval of the
Health Department, when required, and the date thereof as shown on
the approved preliminary plat; or
[3]
Editor's Note: See MCLA § 560.101
et seq.
(2)
Reject the plat and instruct the City Clerk to advise
the subdivider, in writing, of the reasons for rejection, and return
the plat to the subdivider.
F.
Upon approval, the City Clerk shall receive the final
plat from the City Commission and shall transcribe a certificate of
approval of the City Commission on the plat and deliver all official
copies to the Clerk of the County Plat Board, together with the filing
and recording fee required by Section 241 of the Subdivision Act.[4]
[4]
Editor's Note: See MCLA § 560.241.
