The following rules of construction shall apply
to this chapter:
A.Â
The particular shall control the general.
B.Â
Unless the context clearly indicates to the contrary,
where a regulation involves two or more items, conditions, provisions,
or events connected by a conjunction, the conjunctions shall have
the following meaning:
(1)Â
"And" indicates that all connected items, conditions,
provisions, or events shall apply.
(2)Â
"Or" indicates that all connected items, conditions,
provisions, or events may apply singly or in any combination (i.e.,
"or" also means "and/or").
(3)Â
"Either" indicates that the connected items, conditions,
provisions or events shall apply singly but not in combination.
C.Â
The phrase "such as" shall mean "such as, but not
limited to."
D.Â
The phrase "including" shall mean "including, but
not limited to."
E.Â
Use of "including," "includes," "such as," "additional,"
or "supplemental" means that the examples provided are illustrative
and not an exhaustive listing, unless the context clearly indicates
to the contrary.
F.Â
Where an illustration accompanies any provision in
this chapter, the written text shall have precedence over the illustration,
unless the context indicates to the contrary.
G.Â
References to departments, commissions, boards, and
other offices are to those of the Charter Township of Northville,
unless otherwise indicated.
H.Â
A reference to a public official or staff person of
the Township is to that person who performs the function referred
to, and may include a designee of the public official or staff person.
I.Â
A reference to days is to calendar days unless otherwise
indicated in this chapter or specified by state law. If a deadline
falls on a weekend or Township holiday, the deadline shall be extended
to the next working day. A working day is defined as normal business
hours of any day that is not a Saturday, Sunday, or official Township
holiday.
J.Â
In computing a period of days, the day of the act
or event from which the designated period of days begins to run shall
be excluded, and the last day of the period is included, unless the
last day is not a working day. If the last day is not a working day,
the period runs until the end of the next working day.
K.Â
Use of "shall," "will" or "must" is mandatory; use
of "may" is permissive, with the decision made by the Township.
L.Â
Words in the present tense include the future tense,
words used in the plural include the singular, and the singular plural,
unless the context clearly indicates to the contrary.
M.Â
The word "person" includes a firm, association, organization.
partnership, trust, company, or corporation, as well as an individual.
N.Â
"Across" or "across from" shall mean "on the opposite
side" and shall not be interpreted as having the same meaning as "adjacent"
or "contiguous" unless the context clearly indicates to the contrary.
O.Â
All measurements shall be to the nearest integer unless
otherwise specified.
P.Â
Words or terms not defined herein shall have the meaning
customarily assigned to them.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
Having a common border with, or being separated from such
common border by, an easement.
See "contiguous."
A public right-of-way or private access easement primarily
designed to serve as secondary access to the side or rear of those
properties whose principal frontage is on another street. An alley
is not intended for general traffic circulation.
A tentative preliminary plat, preliminary plat, or final
plat application, submitted for review in one complete package, that
substantially meets all of the submission requirements of this chapter.
A mound of soil, either natural or man-made, suited to obstruct
views. Unless otherwise indicated or appropriate, required berms shall
be measured from the average grade adjacent to the berm or the grade
of the parking lot adjacent to the berm, and shall be constructed
with slopes no steeper than one foot vertical for each three feet
horizontal (slope of 33%), with at least a four-foot flat area on
top. Berms may undulate in height, subject to review and approval
of berm design as shown on the site plan. The berm area shall be planted
with grass or other suitable ground cover to ensure that it withstands
the erosionary forces of wind and weather and retains its height and
shape.
A pathway, usually separated from the roadway, designed specifically
to satisfy the physical requirements of bicycling located in accordance
with the Bikepath Transportation Plan of the Township.
An element of the Township Master Plan, which illustrates
existing and intended location and type of nonmotorized facilities
in the Township.
An area of land, usually bounded on all sides by streets
or other transportation routes such as railroad lines, or by physical
barriers such as water bodies, public open space. unsubdivided acreage,
or other barrier to the continuity of development, and not traversed
by a through street or future through street.
The distance between intersections of through streets; such
distance being measured along the longest street bounding the block,
and from right-of-way line to right-of-way line of the two intersection
streets.
The Township Board of Trustees of the Charter Township of
Northville.
Any form of a surety bond in an amount satisfactory to the
Township and in a form satisfactory to the Township Attorney. (See
also "performance guarantee.")
An area within a subdivision required adjacent to certain
zoning districts to improve views, and reduce noise impacts between
uses which may otherwise be conflicting. The buffer zone may consist
of natural existing vegetation which is preserved, or may be created
or enhanced by trees, shrubs, fences, or berms.
The buildable portion of the lot shall generally include
that portion of the lot on which the principal building may be constructed
in compliance with all ordinances and laws.
Any structure built for the support, shelter, or enclosure
of persons, animals, chattels or movable property of any kind.
A line, usually fixed parallel to the street right-of-way, beyond which a building or part thereof cannot extend unless otherwise permitted under the terms of Chapter 170, Zoning.
The diameter of a tree trunk measured in inches, six inches
above ground level for trees up to and including four inches in diameter,
and 12 inches above ground level for trees over four inches in diameter.
This measurement is for nursery stock trees only. [See "diameter at
breast height" (dbh) for measurement of existing trees.]
The name by which the plat is legally and commonly known.
The Township Clerk of the Charter Township of Northville.
See "plat."
A condominium is a system of separate ownership of individual
units in multiunit projects created according to Public Act 59 of
1978, as amended. In addition to the interest acquired in a particular
unit, each unit owner is also a tenant in common in the underlying
fee and in the spaces and building parts used in common by all the
unit owners.
The drawings accompanying a subdivision plat that show the
specific location and design of improvements to be installed in the
subdivision.
Lots are contiguous when at least one boundary line of one
lot shares a boundary line or lines of another lot.
Development other than a planned unit development or open
space community.
A triangular-shaped portion of land established at an intersection
where nothing shall be erected, placed, planted, or allowed to grow
within a specified vertical area that may limit or obstruct the sight
distance of motorists. The corner clearance requirement may apply
to the intersection of a public street or a private road.
See "streets."
A structure designed to convey a watercourse not incorporated
in a closed drainage system, under a road or pedestrian walk.
The date on which a plat that complies with all of the application
data requirements in this chapter is submitted to the Township for
review in accordance with procedures outlined in this chapter.
A conveyance of land by the owner in the nature of a gift
or grant and an acceptance of that land by or on behalf of the public.
The permitted number of dwelling units per gross acre of
land to be developed.
The relative size or magnitude of a major flood of reasonable
expectancy, which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area, and the water surface elevations.
Standards that set forth specific improvement requirements.
A man-made or natural water collector facility designed to
collect surface and subsurface water in order to impede its flow.
A planning or construction project involving substantial
property improvement and, usually, a change of land use character
within the site the act of using land for building or extractive purposes.
The removal of surface water or groundwater from land by
drains, grading, or other means.
The system through which water flows from the land, including
all watercourses, water bodies and wetlands.
A private lane, serving one principal building and designed
primarily for use by vehicles, that connects a building with a street.
A specific area of land over which a liberty, privilege,
or advantage is granted by the owner to the public, a corporation,
or some particular person or part of the public for specific uses
and purposes, and which shall be designated a "public" or "private"
easement, depending on the nature of the user.
Features, natural resources or land characteristics that
are sensitive to improvements. Such constraints may require conservation
measures, the application of creative development techniques, or limited
development to prevent degradation of the environment.
The detachment and movement of soil or rock fragments, or
the wearing away of the land surface by water, wind, ice, or gravity.
An artificially constructed unroofed barrier of wood, masonry,
stone, wire, metal, or similar manufactured material which may or
may not serve as an enclosure.
That land which can be expected to be inundated and that is delineated on the Flood Boundary and Floodway Map prepared by the United States Department of Housing and Urban Development, as may be supplemented, amended, or revised from time to time, or as determined by the MDNR. For specific regulations refer to Article 25, Floodplain Control, of Chapter 170, Zoning.
See "lot frontage."
The Board of Trustees of the Charter Township of Northville,
Wayne County, Michigan.
The slope of a street, other public way, or land specified
in percentage (%) terms.
A planting of low-growing plants or sod that in time forms
a dense mat covering the area, preventing soil from being blown or
washed away, and the growth of unwanted plants.
A strip of land of definite width and location reserved for
the planting of a combination of shrubs, trees and ground cover to
serve as an obscuring screen and buffer for noise or visual enhancement,
in accordance with the requirements of this chapter. In some cases
a wall or fence may be permitted as part of the greenbelt.
See "street."
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
An artificially created body of water, such as a pond, confined
by a dam, dike, floodgate, or other barrier.
Grading, street surfacing, curbs and gutters, sidewalks,
bikepaths, walkways, water mains, fire hydrants, sanitary sewers,
storm sewers, drains, culverts, bridges and other additions to the
natural state of land which increases its value, utility, habitability,
and use as a subdivision.
In street design, a raised area, usually curbed, placed to
guide traffic and separate lanes, or used for landscaping, signage,
or lighting.
The Land Division Act, Michigan Public Act No. 288 of 1967,
as amended.[1]
A measured portion of a parcel or tract of land, which is
described and fixed in a recorded plat.
The total horizontal area within the lot lines of the lot,
excluding any street rights-of-way.
A lot abutting upon two streets at their intersection or
upon two parts of the same street forming an interior angle of less
than 135°.
The horizontal distance between the front and rear lot lines,
measured along the median between the side lot lines. (See lot lines
figure.)
A lot located behind other lots or parcels that has access
to a public street or private road by means of a narrow strip of land
that does not meet the minimum lot width at the front lot (right-of-way)
line.
The length of the front lot line measured along the street
right-of-way or easement line.
The fixed boundaries of a lot described by a survey and recorded
in a plat.
FRONT LOT LINEThe lot line separating a lot from a street right-of-way or easement line.
REAR LOT LINEA lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lot or parcel, it means an imaginary line 10 feet in length entirely within the lot or parcel, parallel to and at a maximum distance from the front lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
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A through lot that is not accessible from one of the parallel
or nonintersecting streets upon which it fronts.
A lot, other than a corner lot, that fronts upon two more
or less parallel streets or upon two streets that do not intersect
at the boundaries of the lot.
The horizontal distance along a straight line between the
side lot lines at the minimum front yard setback line. (See lot lines
figure.)
Any security which may be required and accepted by the Charter
Township of Northville to ensure that necessary improvements will
function as required for a specific period of time.
A comprehensive, long-range plan adopted and amended from
time to time by the Planning Commission, that is intended to serve
as a guide for growth and development of the Township. The Master
Plan consists of maps, text, tables, and graphics with recommendations
concerning economic development, housing, recreation, open space,
transportation, community facilities, and land use. This plan may
also be referred to as the "Master Plan of Land Use," "Future Land
Use Plan" or "Comprehensive Plan" and also includes Bikepath Plans,
the Thoroughfare Master Utility Plan, Corridor Plans, Subarea Plans
adopted as part of the Master Plan, and any other plans that could
apply to the above-mentioned document.
Michigan Department of Natural Resources.
Michigan Department of Public Health.
That portion of a divided street separating lanes of traffic
proceeding in opposite directions.
A dwelling unit used initially for display purposes which
typifies the type of units that will be constructed in the subdivision
and which will not be permanently occupied during its use as a model.
A layer of wood chips, dry leaves, straw, hay, plastic, or
other materials placed on the surface of the soil around plants to
retain moisture, prevents weeds from growing, hold soil in place.
or aid plant growth.
The gap or distance between the center lines of driveways
or streets that are across the street from one another.
Any premises not located within the area of the property
to be subdivided, whether or not in the common ownership of the proprietor
for subdivision approval.
Parking that is provided within a parking lot, parking structure,
or private driveway.
Parking that is permitted on a dedicated street right-of-way
or approved private road.
Land within or related to a development which is designed
and intended for the enjoyment and use of residents of the subdivision,
and not owned by an individual, or dedicated for public use. Open
space shall be unoccupied and unobstructed from the round upward except
for living plant material and recreational facilities (such as neighborhood
parks, golf courses, ball fields, sidewalks, bikepaths, pathways and
gazebos) permitted signs, and necessary drives to access open space
facilities and utility lines.
An open space area conveyed or otherwise dedicated to the
Township, a school district, a state or county agency, or other public
body for recreational or conservational uses.
An open space area that is privately maintained and has not
been accepted for maintenance or ownership by Northville Township.
A lot set aside for purposes other than a building site,
park or other land dedicated to public use or reserved to private
use, when included within the boundary of a recorded plat.
A continuous area or acreage of land which can be described
as provided for in the Land Division Act (MCL 560.101 et seq.).
An area provided for the parking of a motor vehicle.
A pedestrian pathway located at street level, but off the
street, to provide short cuts through development blocks.
Any individual, partnership, copartnership, limited partnership,
association or corporation, or other legal entity and their lessees,
trustees or receivers appointed by any court. In any instance an agent
having apparent authority to control the use or occupation of such
persons having property regulated by this chapter shall be equally
liable with his, her or its principal for any requirements or penalties
provided in this chapter.
Any security that may be accepted by the Charter Township
of Northville as a guarantee that the improvements required as part
of an application for development are satisfactorily completed.
A surface that permits full or partial absorption of stormwater.
An area that is planned, developed, operated, and maintained as a single entity containing one or more structures to accommodate a variety of residential and related uses, in accordance with regulations in Chapter 170, Zoning.
The Planning Commission of the Charter Township of Northville.
A map or chart of a subdivision of land, prepared in conformance
with the Land Division Act.
CONCEPT PLANA preliminary presentation prepared prior to the tentative preliminary plat in order to enable the proprietor to receive comment and direction from Township representatives in preparing a development proposal. The concept plan illustrates general information about the site and a schematic plan for the proposed layout of the subdivision streets, lots and other features.
PRELIMINARY PLATA map showing all salient features of a proposed subdivision, or phase of a subdivision submitted to the Township for the purposes of preliminary consideration, and prepared in accordance with this chapter and the Land Division Act. The preliminary plat review process is separated into tentative preliminary review and final preliminary review phases.
FINAL PLATA map of a subdivision of land, or phase of a subdivision, which is substantially in conformance with the approved preliminary plat, prepared in a form that is ready for approval of this chapter and the Land Division Act, and is suitable for recording by the Wayne County Register of Deeds.
Water suitable for drinking or cooking purposes.
The conferral of certain rights prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Commission, Township Board and the proprietor.
A road that is privately maintained and has not been accepted
for maintenance or ownership by the Wayne County Department of Public
Services or the State of Michigan.
A natural person, firm, association, partnership, corporation
or combination of any of them which may hold any ownership interest
in land whether recorded or not.
The Police and Fire departments of the Charter Township of
Northville.
A sewerage system as defined in Michigan Public Act 98 of
1913, as amended (MCL 324.4101 et seq.).
Any person, firm or corporation, municipal department, board
or commission, or other public authority duly authorized to furnish
and furnishing under federal, state or Township regulations to the
public, services such as gas, steam, electricity, storm sewers, sanitary
sewers, public water, telephone lines (not cellular phone transmissions,
cable television services or communication antennas), telegraph, transportation,
water or other services to residents of the Township.
See "sidewalk."
Construction plans that have been revised upon completion
of construction to illustrate the recorded location and details of
improvements.
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 structure erected between lands of different elevation
to protect structures and/or prevent the washing down or erosion of
earth from the upper slope level.
A pond, pool or basin without an outlet for water and relies
on percolation into the ground to dewater.
A strip of land reserved and dedicated for a street, alley,
walkway, or other public purpose, and which may be occupied by public
utilities, such as electric transmission lines, gas pipelines, cable
television lines, fiber optics lines, water mains, sanitary sewers,
storm sewer mains, street trees, or other utility uses. Rights-of-way
established and shown on the final plat are to be distinct and separate
from the lots or parcels adjoining such rights-of-way, and are not
to be included in the dimensions or areas of such lots or parcels.
The lines that form the boundaries of a right-of-way.
A deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity, or other natural means as
a product of erosion.
The distance required to obtain the minimum required distance
between the front, side, or rear lot lines and the building line or
parking lot setbacks from a public street or private road shall be
measured from the right-of-way line or easement. Setbacks shall remain
as open space as defined herein, unless otherwise provided for in
this chapter.
A paved path that provides for pedestrian use and is usually
located at the side of a road within the right-of-way.
The length of roadway visible to a driver. Generally related
to the distance and time considered to be sufficient for the driver
to safely execute a maneuver (such as complete a left turn for an
access point), under normal weather conditions, as specified by Wayne
County Department of Public Services.
A road layout where the circulation system where, at some
point, access to a lot or lots is only provided at one point. A "single
means of access," for example, may be a dead end street or a loop
road system with only one outlet to a public street.
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
See "retention basin."
Streets and roads are classified as follows:
MAJOR THOROUGHFAREAn arterial street or road with the principal function to move longer distance travel to and through the Township. Major thoroughfares are generally the section (mile) roads with an existing or planned right-of-way of 120 feet. Major thoroughfares may also be referred to as county primary roads or arterial roads.
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COLLECTOR STREETSCollector streets and roads provide access to abutting properties and traffic circulation within residential, commercial, industrial, and public uses. The purpose of a collector road is to collect traffic throughout the Township and channel it to the major thoroughfare (arterial) system. Collector roads are typically the quarter section (quarter or half mile) streets and generally have a right-of-way of 86 feet.
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LOCAL STREETSLocal streets and roads that typically have a sixty-foot right-of-way and primarily provide direct access to abutting land and to collector and arterial streets.
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CUL-DE-SACA local street or road with only one outlet and having a circular turnaround for the safe and convenient reversal of traffic movement.
DIVIDED STREETA street or road having an island, boulevard, median or other barrier separating moving lanes.
HALF-STREETA street or road containing less than the required right-of-way width.
DEAD-END STREETA street or road that terminates with no current or proposed thoroughfare to another street or road.
TURNAROUNDA short street or road terminated by a permanent or temporary vehicular turnaround.
STUB STREETA portion of a street or road for which an extension has been proposed and is terminated by a temporary cul-de-sac.
The partitioning or dividing of a parcel or tract of land
by the proprietor thereof or by his or her 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. "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 the Land Division Act and
of applicable Township ordinances.
A written agreement between the proprietor and the Township
Board whereby the proprietor covenants to complete all required public
improvements within a specified time period following the signing
of the final plat by the Township.
A land surveyor who is registered in the State of Michigan
as a registered land surveyor or a civil engineer who is registered
in the State of Michigan as a registered professional engineer.
A map prepared by a surveyor showing existing physical characteristics,
with contour lines at sufficient intervals to permit determination
of proposed grades and drainage.
The Charter Township of Northville, Michigan.
The staff engineer or consulting engineer designated by the
Township Board, to advise the Township administration, Township Board,
and Planning Commission on items such as drainage, grading, paving,
stormwater management and control, utilities, and other related site
engineering and civil engineering issues. This term shall include
Township specialists on such subjects as traffic and communications.
The Planning Director, staff planner or consulting planner
designated by the Township Board to advise the Township administration,
Township Board, and Planning Commission on items such as planning,
zoning, land use, subdivision, housing and other related planning
and development issues. This term shall include Township specialists
on such subjects as landscaping, woodlands and wetlands.
An area within a subdivision of a specific width along the
perimeter which is intended to help ensure compatibility with adjacent
land uses. The transition area may be an area where existing woodland
and slopes are not disturbed, or landscaping as provided, or lot sizes
are provided similar to those adjacent to the subdivision.
A woody plant which has an erect perennial trunk, which at
maturity is 13 feet or more in height, which has a more or less definite
crown of foliage. For purposes of this chapter the following definitions
of types of trees shall apply:
CANOPY TREEA deciduous tree which has a mature crown spread of greater than 15 feet and a mature height of 40 or more feet in southern Michigan, and which has a trunk with at least five feet of clear stem at maturity.
STREET TREEA canopy tree along a public street or approved private road that is typically located in a street right-of-way or access easement.
The right to initiate or continue the establishment of a
use that will be contrary to a restriction or regulation coming into
effect when the project associated with the use is completed (sometimes
referred to as "grandfathered").
The Wayne County Department of Public Services.
See "sidewalk."
Land characterized by the presence of water at a frequency
and duration sufficient to support (and that under normal circumstances
does support) wetland vegetation or aquatic life that requires saturated
or seasonally saturated soil conditions for growth and reproduction
and is commonly referred to as a bog, swamp, fen, pond, marsh or wet
meadow that is five acres or more in area, or is contiguous to any
lake, stream, or other body of water, and is regulated by the Michigan
Department of Natural Resources including:[2]
Wetlands contiguous to any lake, stream, river,
pond or other watercourse, whether partially or entirely contained
within the project site.
Wetlands, regardless of size, which are partially
or entirely within the 500 feet of the ordinary high-water mark of
any lake, stream, river, pond, or other watercourse, unless it is
determined by the Michigan Department of Natural Resources that there
is no surface water or groundwater connection between the wetland
and the water body.
Wetlands which are five acres or larger in size,
whether partially or entirely contained within the project site, and
which are not contiguous to any lake, stream, river, pond or other
watercourse.
Wetlands, regardless of size, which are not
contiguous to any lake, stream, river, pond or other watercourse,
if the Department of Natural Resources determines the protection of
the wetland is essential to the preservation of the natural resources
of the state from pollution, impairment or destruction.
Areas which are designated on the Northville Township Woodlands Area Map as regulated woodlands under Article 23, Tree and Woodlands Replacement, of Chapter 170, Zoning, and which are characterized by a distinctive assemblage of vegetation which is unique because of tree size, diversity, density, species, health and vigor, and may include the presence of landmark or historic trees; because of vegetative understory species and quality; soil or habitat quality; or because of value such as a scenic asset, windblock or noise buffer; and including such areas which were previously existing for a period of three years prior to a site plan being submitted.
The open spaces an the same lot with a main building unoccupied
and unobstructed from the ground upward, except as otherwise provided
in this chapter, and as defined herein:
FRONT YARDAn open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.
REAR YARDAn open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building, in the case of a corner lot, the rear yard may be opposite either street frontage.
SIDE YARDAn open space between a main building and the side lot line extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.
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The Charter Township of Northville Zoning Ordinance (Chapter 170, Zoning, of the Code of the Charter Township of Northville).
