The plat review process shall consist of the
following steps (See flow chart at end of chapter.):
A.
Optional preapplication conference (§ 152-10), involving Township staff and consultants to achieve an understanding of the subdivision regulations and procedures; no formal action is taken at this step.
Deadlines for the Township to take action on
a preliminary or final plat, as specified in the Land Division Act
and reiterated in this chapter, may be extended by mutual written
consent of the proprietor and the Township. A waiver of the review
deadlines may be required to permit concurrent processing of related
review applications (i.e., PUD, HPUD or open space community). In
the absence of written consent for such a waiver, denial of a plat
shall be considered appropriate if the Township has not been given
sufficient time within the deadline to evaluate the impact of a proposed
plat on the public health, safety and welfare, pursuant to the regulations
in this chapter.
A.
Development options. A subdivision review may be conducted simultaneously with the review process for development options permitted under Chapter 170, Zoning (open space community, planned unit development, Haggerty Road planned unit development, and any similar development options which may be available). The plans required for the development options shall be submitted in a form to satisfy both the requirements of these Subdivision Regulations and Chapter 170, Zoning. In this process, following any public hearing required for the development option, the tentative preliminary plat may be processed simultaneously with the concept plan. The final preliminary plat shall not be processed or approved until the Township Board has approved the development option. As noted in § 152-8 above, in selection of a development option, the petitioner shall waive the review and approval deadlines for a subdivision plat specified in the Land Division Act.
B.
Issuance of permits. No building permits or certificates
of occupancy shall be issued until the Township has granted final
approval of the zoning application and the final plat has been properly
recorded.
Prior to submitting an application for plat
approval, the proprietor may request a conference with the Township
staff and/or consultants to achieve an understanding of subdivision
regulations and procedures. Fees shall be established by resolution
of the Township Board.
A.
Purpose. Pursuant to Section 107(1) of the Land Division
Act [MCL 560.107(1)], a proprietor may submit a proposed plat for
concept (sketch) plan review. The purposes of the concept plan review
are as follows:
(1)
To acquaint the Township staff and consultants with
the proposed plat and to provide the proprietor direction prior to
development of more detailed tentative preliminary plat information.
The proprietor may request review of the concept plan by the Planning
Commission but such an action is optional on the part of the proprietor.
(2)
To inform the proprietor of the submittal requirements, review procedures and design standards for approval of the plat, and the concurrent review process if the development is proposed under one of the development options provided for in Chapter 170, Zoning.
(3)
To determine if the land is appropriately zoned and
the ability of existing infrastructure to accommodate the proposed
project.
B.
Submittal requirements. The proprietor shall submit
a concept plan which illustrates in a schematic form, existing features
on the site and one or more possible layouts for the proposed subdivision
(refer to Table of Submission Requirements included at the end of
this chapter).
C.
Review by Planning Commission. The Planning Commission
may review the concept plan at the request of the proprietor to obtain
input. No formal action is taken, however, and the Planning Commission
is not bound by the comments made under this review.
The procedure for preparation, submittal and
tentative approval of a preliminary plat (herein referred to as a
"tentative preliminary plat") in accordance with Section 112 of the
Land Division Act (MCL 560.112) shall be as follows:
A.
Summary of review: Tentative review of the preliminary
plat involves a public informational meeting, review of basic street
layout and lot arrangement, the review of additional information required
under this chapter, and a recommendation by the Planning Commission
to the Township Board for approval or denial. The Township Board,
within 90 days from the date of filing of an application that is accepted
as complete, shall tentatively approve and note its approval on the
copy of the preliminary plat to be returned to the proprietor, or
set forth in writing its reasons for rejection and requirements for
tentative approval.
B.
Filing: The proprietor shall submit the material listed
in the Table of Submission Requirements (at the end of this chapter)
to the Township Planning Department, at least 21 days prior to the
regular Planning Commission meeting. All required materials must be
included for the submission to be accepted as complete.
(1)
The Planning Department shall review the submittal
for completeness. If any of the required information is missing, the
proprietor shall be notified of the additional data required and that
the application will be delayed until the required data are received
(i.e., the official submittal date for the time frame established
in the Land Division Act shall be based on a complete submission;
the Township may initiate review of a partial submittal).
(2)
When the information is complete, the proposed tentative
preliminary plat shall be placed on the agenda of the next regular
Planning Commission meeting.
C.
Technical reviews.
(1)
The Planning Department shall distribute copies of
the tentative preliminary plat to the Township Engineer, Planner,
Traffic Engineer and Township departments, as appropriate, for technical
review and may transmit a copy to the school district and Township
Attorney.
(2)
Staff reports shall be distributed to the Planning
Commission and the proprietor.
D.
Notice to adjacent property owners. Prior to action
on the tentative preliminary plat by the Planning Commission, a notice
shall be sent to all property owners within 300 feet of the boundary
of the proposed subdivision, based on the Township's assessment records.
Such notice shall be mailed at least five days prior to the Planning
Commission meeting. The notice shall explain that a subdivision has
been proposed, give the location and general information, and note
the time and place where the public can attend the meeting when the
subdivision proposal will be discussed. The purpose of the notification
is intended to inform the public of the project; it is not a public
hearing. The Planning Commission, however, may elect to accept comments
from the public during the informational meeting.
E.
Review by Planning Commission. The Planning Commission shall review the tentative preliminary plat based on the requirements of this chapter, Chapter 170, Zoning, as amended, and applicable elements of the Township Master Plan.
F.
Planning Commission recommendation (tentative approval).
The Planning Commission shall recommend one of the following actions
to the Township Board on the proposed tentative preliminary plat within
60 days of the date of filing.
(1)
Recommend approval: Should the Planning Commission
find that all requirements have been satisfactorily met, it shall
recommend tentative approval of the preliminary plat, and the Chairperson
shall make a notation to that effect on each copy of the preliminary
plat and distribute copies of it as follows:
(a)
Return one copy to the proprietor.
(b)
Retain three copy which shall become a matter
of permanent record in the Planning Commission files.
(c)
Forward one copy to the School Board or School
Superintendent of the School District (for information purposes).
(d)
Forward the remaining copies to the Board via
the Clerk's office with recommendations for approval as well as a
copy of the Planning Commission minutes.
(2)
Recommend conditional approval: The recommendation may be a conditional approval, only if the proprietor waives, in writing, the review time requirement set forth in § 152-8 of this chapter. The preliminary plat shall not be forwarded to the Board until revised plans or documentation which demonstrates compliance with said conditions have been submitted by the proprietor. The Planning Director shall review the revised plans, with input from other staff and consultants as requested, prior to submission to the Township Board, and endorse all copies of the submitted plan.
(3)
Recommend denial: Should the Planning Commission recommend
denial of the tentative preliminary plat, the reasons shall be recorded
in the minutes of that meeting and forwarded to the Board along with
a copy of the preliminary plat.
G.
Review by Township Board (tentative approval).
(1)
The Board shall not review a tentative preliminary
plat until it has received the review and recommendations of the Planning
Commission. Following the receipt of such recommendations, the Board
shall consider the preliminary plat at a regularly scheduled meeting
or a meeting scheduled for that purpose. The Board shall take action
on the preliminary plat within 90 days of the date of initial filing
of the plat with the Planning Department, unless the time period is
waived by the proprietor as provided by this chapter.
(2)
Should the Board give tentative approval the tentative
preliminary plat, it shall be deemed to confer upon the proprietor
the right to proceed with the preparation of a final preliminary plat.
The Clerk shall record the Board's approval on the plat and return
one copy to the proprietor.
(3)
Tentative approval of the preliminary plat shall not constitute final approval of the preliminary plat. It shall be deemed as an approval of the lot sizes, lot orientation and street layout as a guide in preparing a final preliminary plat. Any amendments to Chapter 170, Zoning, or this chapter that become effective following approval of the tentative preliminary plat but prior to the submission of a complete final preliminary plat package, shall apply.
(4)
Tentative approval of the Board shall be effective
for one year. Should the tentative 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 Commission and
Board for tentative approval under the regulations effective at the
time unless an extension is applied for by the proprietor in writing
prior to expiration, and such request is granted in writing by the
Board.
(5)
No installation or construction of improvements shall
be made on the basis of tentative approval of the preliminary plat
including grading, tree removal or land balancing.
H.
Projects with future phases. The Township Board may,
upon recommendation of the Planning Commission, give tentative approval
for specific phases of developments where the planned unit development
or open space options are being utilized.
The procedure for the preparation and review
of a final preliminary plat is as follows:
A.
Summary of review: Review by applicable outside (state
and Wayne County) agencies prior to review and action by the Township
Board. The Board shall review the final preliminary plat, after the
plats have been revised to be in conformance with the requirements
of outside agencies. If there have been major changes in the tentative
preliminary plat, as determined by the Township Board, in accordance
with § 152-section 406(5), then the application must return
to the Planning Commission and Township Board for tentative preliminary
review. If there have not been major changes from the tentative preliminary
plat, the Township Board shall consider and review the final preliminary
plat at its next meeting, or within 20 days of the date of filing
of an application that is accepted as complete, unless the proprietor
grants a time extension to address concerns of the Board. The Township
Board will then either approve the application, if the proprietor
has met all the conditions laid down for approval of the final preliminary
plat have been met, or deny the application. The Township Board will
then instruct the Clerk to promptly notify the proprietor of approval
or rejection in writing, and if rejected to give the reasons.
B.
Agency Reviews. The proprietor shall deliver to the
Clerk 15 copies of the final preliminary plat bearing the necessary
approvals of all other agencies as required by the Subdivision Act
including:
(1)
Wayne County Department of Public Services - Roads
Division.
(2)
Wayne County Department of Public Services - Drains
Division.
(3)
Wayne County Health Department.
(4)
Wayne County Plat Board.
(5)
Michigan Department of Natural Resources.
(6)
Michigan Department of Commerce (advisory review).
(7)
Public utilities serving the area.
C.
Technical (staff) review:
(1)
Upon receipt of the proposed final preliminary plat,
the Clerk shall immediately transmit copies of it to the Planning
Department where the proposed plat shall be checked for completeness.
Should any of the data required by this chapter be omitted, the proprietor
shall be notified of the additional data required and that the application
will be delayed until the required data are received. The date of
submittal in regard to permissible review periods shall be that date
upon which the application and all required information, including
final correspondence from outside agencies, has been submitted and
accepted as complete. A copy of the preliminary plat submitted for
final approval shall be forwarded to the Township Engineer and Township
Planner for review.
(2)
Upon finding the information is complete, the proposed
final preliminary plat shall be placed on the agenda of the next regularly
scheduled Township Board meeting. A written review letter shall be
submitted by the Township Engineer and Township Planner and forwarded
to the Township Board no less than three days prior to the Board meeting
at which the application will be reviewed.
D.
Conformance to tentative preliminary plat. The final
preliminary plat shall conform to the approved tentative preliminary
plat. The plan shall in all ways conform with the provisions of this
chapter. The final preliminary plat shall show the actual geometrics
and dimensions of the tract and of proposed streets, and shall show
exact lot dimensions. This submission shall include a plan view for
the proposed location of public utilities, including sanitary sewers,
storm sewers and water mains and private utilities including electric,
gas, telephone and cable television.
E.
Major changes.
(1)
If the proprietor makes any major changes to the plat
following tentative approval, the Township Board has the authority
to require the proprietor to resubmit the plat for tentative approval
to allow the Township and the public to respond to the changes. Major
changes shall include, but not be limited to, the following changes:
(a)
Adds lots to the plat; or
(b)
Deletes or adds a road or access point; or
(c)
Alters the basic layout of the street system;
or
(d)
Significantly alters the previously approved
topography or drainage plan; or
(e)
Eliminates or reduces recreational facilities;
or
(f)
Alters the phasing by adding lots, extending
streets beyond the maximum length permitted, or deletes areas in a
phase that had been designated for open space; or
(g)
Results in any lot or infrastructure element
not meeting any Township ordinance; or
(h)
Due to the location of utilities, there is a
loss of natural features and landscaping that is not being replaced;
or
(i)
The boundaries of MDNR regulated wetlands are
changed to alter lot layout or road arrangement.
(2)
Major changes made by the proprietor to the preliminary
plat following tentative approval shall relieve the Township from
its commitment to honor the general terms and conditions of the tentative
preliminary plat approval, since such major changes may result in
changes to the basic premise on which the tentative approval was given.
If the proprietor does not agree with the Planning Commission decision
as to a major change determination, they may appeal the decision to
the Township Board.
F.
Design and site improvements: The preliminary plat shall meet all design requirements set forth in Article V of this chapter.
G.
Review by Township Board (final preliminary plat).
(1)
At its next meeting, or within 20 days of the date
of filing of a final preliminary plat application accepted as complete,
the Township Board shall approve, modify or disapprove the final preliminary
plat.
(2)
If all the required approvals of other authorities as required by the Land Division Act have been received, and the final preliminary plat meets all conditions laid down for tentative approval and meets all requirements of Chapter 170, Zoning, the Board shall give final approval to the preliminary plat
H.
Notification by Clerk: The Clerk shall, within 10
working days, notify the proprietor of approval or rejection in writing;
if rejected, reasons shall be given.
Final preliminary plat approval shall be effective
for a period of two years from the date of final approval. The two-year
period may be extended if applied for prior to the termination date
by the proprietor and granted by the Board in writing.
A.
Summary of review. The review of engineering and construction
plans prior to construction by the Township Engineer, the Township
Water and Sewer Department staff, the Township Building Department
and other staff or consultants.
B.
Construction plans and specifications. No installation
or construction of any improvements shall be made before construction/engineering
plans and specifications have been approved by the Township Engineer
and by other authorities that have jurisdiction over the improvements.
Where a plat straddles municipal boundaries, no permits for construction
shall be issued until verification has been received that the preliminary
plat has been approved by both municipalities.
C.
Required improvements and documents. Before the final plat is approved by the Township, the proprietor shall be required to complete all of the following improvements at his/her expense and without reimbursement from any public agency or any improvement district (except as may be permitted by state law), and in accordance with the conditions and specifications contained in this chapter. The proprietor shall dedicate these improvements to the Township or other applicable governmental unit, free and clear of all liens and encumbrances on the dedicated property and public improvements. These improvements shall be completed in accordance with the approved preliminary plat, the approvals of other authorities, the regulations in this chapter (particularly Article IV) and the requirements of other applicable ordinances, laws and regulations, and shall be subject to inspection by the Township Engineer and other authorities having jurisdiction over such improvements
(1)
Required improvements include:
(a)
Monuments and lot irons. Monuments and lot irons
shall be set in accordance with Michigan Public Act 288 of 1967, as
amended (MCL 560.101 et seq.), and the rules of the Michigan Department
of Treasury. If any monument or lot iron is removed during construction
the responsible party shall secure the services of a registered land
surveyor to replace the monument or lot iron. Placing of required
interior monuments and lot corner irons may be delayed by the Board
for a period of one year from the date of approval of the final plat
by the Board, provided that:
[1]
Boundary monuments or other approved irons,
adequately witnessed, shall be in place at all angles and at all ends
of curves in the boundaries of the subdivision; and
[2]
The proprietor shall have delivered to the Township
Clerk cash or a certified check, or irrevocable bank letter of credit
running to the Township, whichever the proprietor selects, for each
monument and corner iron in an amount set under Section 560.125 of
the Land Division Act.
[3]
Such cash, certified check or irrevocable bank
letter of credit shall be returned to the proprietor upon receipt
of a certificate by a surveyor that the monuments and irons have been
placed as required within the time specified. Such return shall be
for entire blocks, not for portions of blocks. If the proprietor defaults,
the Board shall engage a surveyor, at the proprietor's expense, to
locate the monuments and irons called for on the plat and on completion
of the work shall return any unexpended balance of the deposit to
the party from whom it was received.
(b)
Streets (including curbs and gutters, where
applicable), intersection improvements (acceleration/deceleration
lanes or tapers and passing lanes) in accordance with the standards
and receipt of permits from the Wayne County DPS, street signs and
streetlights (where applicable).
(c)
Utilities including storm drainage, water supply
system, sanitary sewage disposal and any franchised utilities.
(d)
Sidewalks, bicycle paths, trail systems and
crosswalks (any or all of these items as approved on the plat).
(e)
Landscaping, including street trees, entranceway
features and any required buffer landscaping.
(f)
Permanent soil erosion and sedimentation control
measures.
(g)
Mailbox clusters are prohibited but should be
shown if required by the United States Postal Service.
(h)
Self-imposed improvements and restrictions. If the proprietor proposes any improvements or places restrictions on any of the land contained in the subdivision that exceed the requirements in this chapter or Chapter 170, Zoning, such improvements and restrictions shall be indicated on the plat and recorded in the subdivision restrictive covenants in a form to be approved by the Township Attorney.
(i)
Streetlighting if proposed.
(2)
Required documents include:
(a)
Covenants and restrictions. Where the proprietor
is establishing a homeowners' association, a copy of the declaration
of covenants and restrictions that will govern the homeowners' association
must be submitted for review by the Township Attorney and other applicable
Township officials and consultants. These covenants and restrictions
shall include, but are not necessarily limited to, the following stipulations:
[1]
The homeowners' association shall be established
before any homes are sold.
[2]
Membership shall be mandatory for each home
buyer and any successive home buyer.
[3]
The association shall be responsible for liability
insurance, applicable taxes, and the continuing upkeep and proper
maintenance of recreational, open space, storm drainage facilities,
landscaping and other common facilities. If the assessment falls to
adequately provide this upkeep and maintenance, the Township shall
have the ability to make such improvements and assess the cost, along
with all administrative charges, to the property tax bills of each
homeowner in the subdivision.
[4]
The document establishing the homeowners' association
should identify how the association will collect moneys to maintain
the items mentioned under Subsection C(2)[3] above and challenge in
court any encroachments and violations of open space, woodland or
wetland areas.
[5]
Homeowners shall pay their pro rata share of
the cost, and unpaid assessments levied by the association may become
a lien on the property.
[6]
The association shall be able to adjust the
assessment to meet changing needs.
D.
Review of construction plans and specifications. Review
of the construction plans and specifications by the Township shall
be initiated by submitting the plans and specifications, and necessary
review fees established by the Township Board, in the form and quantity
and according to the process specified by the Building Department.
(1)
Required plans. Plans and specifications shall be
submitted for all proposed improvements including, where applicable,
or include all information reviewed by the Township Engineer, sanitary
sewers; public water; storm sewers; sidewalks; bikepaths and sidewalks;
soil erosion and sedimentation control measures; site grading (including
spot and finished elevations at all property corners, corners of all
structures, and first floor elevations on each lot); streets (including
street and paving cross-sections and profiles); streetlighting; landscaping;
and signs. Cost estimates for all such improvements shall be included.
(2)
Review by other authorities; proprietor's responsibility.
It shall be the responsibility of the proprietor to obtain review
and approval of construction plans and specifications for public improvements
that are under the jurisdiction of other authorities. Evidence of
all approvals required from other authorities shall be submitted in
the form specified by the Planning Department prior to issuance of
any permits for construction.
E.
Authorization to proceed.
(1)
Proprietor requirements. Authorization to proceed
with construction may be granted after:
(a)
Construction plans and specifications have been
approved by the Township and other applicable authorities; and
(b)
All necessary permits have been issued by applicable
county and state agencies.
(c)
The proprietor has submitted evidence of public
liability and property damage insurance in a form and amount specified
by the Planning Department; and
(d)
The proprietor has submitted an inspection fee
deposit in an amount specified by the Planning Department.
(e)
A landscape escrow has established with the
Township.
(2)
Grading permit. Notwithstanding the preceding requirements,
subsequent to preliminary plat approval the proprietor may apply for
a topsoil, tree removal, and excavation permit from the Building Department,
provided that the final grading plan has been approved by the Township
Engineer. Upon receipt of the grading permit, the proprietor may commence
construction to the grades and elevations specified on the approved
grading plan.
(3)
Model home. The Building Department, at its discretion,
may permit construction of up to two model homes prior to final plat
approval subject to the following conditions:
(a)
Access: The lots on which the model homes are
constructed shall have direct access to a public or approved private
road to provide adequate access for emergency vehicles.
(b)
Water: The lots on which model homes are constructed
shall have adequate water supply.
(c)
The proprietor shall submit plans and specification
and a performance guarantee to cover the cost of all improvements
that would be necessary to achieve certificate of occupancy for the
two homes in the event that the remainder of the subdivision is not
constructed.
(d)
The model homes shall not be offered for sale
until certificates of occupancy have been properly issued.
F.
Preconstruction meeting. Prior to construction of
subdivision improvements, the contractor shall contact the Planning
Department to establish a date and time for a preconstruction meeting.
The proprietor shall be responsible for making all arrangements and
notifying meeting attendees. Those in attendance shall include, but
not necessarily be limited to, the proprietor, the proprietor's engineer,
the contractor and the contractor's on-site superintendent, subcontractor
representatives, the Township Engineer, representatives from Water
and Sewer Department, the Planning Director, and the Northville Township
Building Official. In addition, utility companies and other state,
county, or local governmental agencies that have facilities that may
be affected by the proposed development, or that may be able to contribute
information of use to the construction project, shall be informed
of and invited to attend the preconstruction meeting.
G.
Utility inspections. No work on water mains, sanitary
sewers, storm sewers and stormwater basins, and paving shall proceed
without the presence of the Township Engineer. The contractor or proprietor
shall contact the Township Engineer at least 48 hours prior to the
start of construction to arrange for the inspection and to deposit
the required inspection fee.
(1)
Any work installed without inspection will not be
accepted for dedication to the Township and will not be allowed to
connect to the public system and/or be issued a certificate of occupancy
(2)
Field changes. Where actual conditions encountered on the construction site warrant design modifications, such modifications may be permitted in accordance with the usual procedures established by the Township for review and approval of such modifications; provided, further, that all such modifications comply with the regulations in this and other applicable ordinances and laws, and provided that such modifications do not result in any "major" changes, as defined under § 152-13 of this chapter, to the subdivision layout or lot sizes or dimensions. Changes to the subdivision layout or lot size or dimensions shall be subject to Planning Commission review and Township Board approval.
H.
Escrow deposits. If certain lot improvements cannot
be completed because of the season of the year, the Building Official
may issue a certificate of occupancy, provided that there is no danger
to health, safety or general welfare, upon accepting a cash escrow
deposit for 20% above the full estimated cost of the improvements.
All required improvements for which escrow funds have been accepted
shall be installed by the proprietor within a period of nine months
from the date of deposit and issuance of the certificate of occupancy.
If the improvements have not been properly installed at the end of
this time period, the Building Official shall give notice to the proprietor
that the improvements shall be installed within two weeks. If the
improvements are not properly installed after two weeks, the Building
Official may request the Township Board to proceed to contract out
the work for installation of the required improvements. If costs exceed
the escrow deposit amount, the proprietor is responsible for overrun
costs and all expenses incurred by his failure to comply. At the time
of issuance of the certificate of occupancy for which escrow moneys
are being deposited, the proprietor shall file a notarized statement
from the purchaser or purchasers of the premises authorizing the Township
to install the improvements at the end of the nine-month period if
the improvements have not been properly installed by the proprietor.
I.
Final inspections and acceptance.
(1)
Final inspection and tests. Prior to acceptance of
public facilities or utilities for use and maintenance by the Township,
all improvements shall have been completed and equipment removed from
the site, and the final inspection and all required tests shall be
completed. Any tests which fail shall be repeated after repairs have
been made. Any portions of the work found to be unacceptable shall
be repaired or replaced prior to acceptance.
(2)
Maintenance bond. Prior to final acceptance of any
public utility, a one-year maintenance and guarantee bond in an amount
equal to 25% of the cost of the improvements shall be posted with
the Township by the proprietor.
(3)
Construction record drawings. Construction record
drawings showing the final locations and grades of all utilities and
other improvements shall be submitted to the Township Engineer for
review, who will then forward them to the Director of Public Utilities
for review and acceptance.
J.
Alternative to completing improvements. In lieu of
completion of all public improvements prior to approval of the final
plat, the Township Board may permit the proprietor to enter into an
agreement (hereinafter referred to as a "subdivision improvement agreement")
by which the proprietor covenants to complete all required public
improvements no later than two years following the date on which the
final plat is signed by the Township. The subdivision improvement
agreement shall provide for the following:
(1)
Performance guarantee. The proprietor shall agree to furnish a performance guarantee in an amount not to exceed 120% of the projected cost of installation of the improvements. The performance guarantee shall be in a form specified in Article V.
(2)
Subdivision improvement agreement. The subdivision
improvement agreement shall provide that the covenants contained in
the agreement shall run with the land and bind all successors, heirs
and assignees of the subdivider. The subdivision improvement agreement
shall be adopted by the Township Board and recorded pursuant to applicable
state and local laws and ordinances.
(3)
Completion of improvements. Upon substantial completion
of all required improvements, the proprietor may notify the Township
in writing of the completion or substantial completion of improvements,
and shall send a copy to the Township Engineer. The Township Engineer
shall inspect all improvements identified in the notice and shall
file a detailed report, in writing, with the Township Board indicating
either approval, partial approval, or rejection of such improvements
with a statement of reasons for any rejection. The cost of the improvements
as approved or rejected shall be listed.
(4)
Approval of improvements. The Township Board shall
either approve, partially approve, or reject the improvements based
on the Township Engineer's report, and shall notify the proprietor
in writing of the contents of the report and the action taken no later
than 30 days after receipt of the notice from the proprietor of the
completion of the improvements. Failure of the Township Board to send
or provide such notification within 30 days shall be deemed to constitute
approval, and the obligor and surety, if any, shall be released from
all liability pursuant to such performance guarantee.
A.
Summary of approval. The Township Board will review
and take action to approve or deny the final plat at its next regular
meeting or within 20 days of the date of filing of an application
that is accepted as complete. The Township Board shall either:
(1)
Approve the final plat if it conforms to all of the
provisions of this chapter, and other applicable Township ordinances,
and instruct the Clerk to certify on the plat to the Township Board's
approval, showing the date of the Township Board's approval, the approval
of the County Health Department, when required, and the date thereof
as shown on the approved preliminary plat; or
(2)
Reject the final plat, instruct the Clerk to give
reasons in writing as set forth in the minutes of the meeting, and
return the plat to the proprietor.
B.
Submittal requirements. One approved polyester film
and 15 prints on paper no larger than 18 inches by 24 inches of the
final plat along with the completed application, the review fee authorized
by the Township Board, and the recording and filing fee required by
the Land Division Act shall be filed by the proprietor with the Township
Clerk. To be considered by the Township Board, the submittal must
include the following:
(1)
The final plat shall be prepared and submitted in
a form that is consistent with the requirements in the Land Division
Act, Michigan Public Act 288 of 1967, as amended.
(2)
The final plat shall conform substantially to the
final preliminary plat as approved. In determining whether the final
plat satisfies this criterion, the Township Board shall consider the
following:
(a)
A final plat shall be considered no longer substantially
conforming to the final preliminary plat if any of the following revisions
have been made:
[1]
An increase in the number of lots.
[2]
An increase or decrease in the buildable area
of any lot by over 10%.
[3]
A change in the boundary of a regulated wetland
or floodplain that reduces the building envelope on any lot below
minimum requirements or would create nonconformance with required
water feature setbacks.
[4]
Realignment of proposed roads and intersections.
[5]
Change in the basic layout of the subdivision
and lots.
(b)
A final plat shall still be considered substantially
conforming to the final preliminary plat if any of the following revisions
have been made individually and not in combination with other revisions:
[1]
Decrease in the number of lots without changing
the basic layout.
[2]
Revisions to horizontal or vertical alignment
of streets to satisfy Wayne County Department of Public Services standards,
provided that such revisions do not affect the overall arrangement
of streets.
[3]
Adjustment to lot lines or setbacks due to a
more precise wetland or floodplain boundary where such an adjustment
has an insignificant impact on lot area, setbacks, or buffer zone
requirements.
[4]
Change in location of monuments or lot markers
to correct surveying errors.
(3)
The proprietor shall submit proof of ownership in
the form of title insurance or a title opinion prepared by an attorney
licensed in Michigan.
(4)
All easements and utility agreements shall be executed
by the Township and/or appropriate utility authority and the proprietor,
setting forth the terms of utility arrangements and the use and/or
development of any land reserved for the use of the public and/or
future subdivision property owners.
(5)
The proprietor shall submit copies of deed restrictions
and protective covenants in their final recordable form.
C.
Submittal to approving authorities. The proprietor
shall submit the final plat and, where required for approval, to obtain
final approval signatures on the final plat Mylar from the following
agencies:
D.
Initial review. Upon receipt of the final plat, the
Township Clerk shall immediately transmit copies to the Planning Department
where the plat shall be checked for completeness. Should any of the
required data specified in this chapter be omitted, the proprietor
shall be notified of the additional data required and that review
will be delayed, until the required data are received. The date of
filing shall be considered the date on which a plat containing all
required data is received by the Township.
E.
Placement on Township Board agenda. When the submittal
information is determined to be complete, the proposed final plat
shall be placed on the agenda of the next regular Township Board meeting.
F.
Review by Township Engineer and Planner. The Township
Engineer and Township Planner shall review the final plat to determine
compliance with the approved final preliminary plat and plans for
utilities, landscaping and other improvements, and notify the Township
Board in writing of their recommendations to either approve or deny
the final plat.
G.
Township Board action. At its next regular meeting,
or at a meeting called within 20 days of the date of filing an application
accepted as complete, the Township Board shall review the proposed
final plat to determine conformance with the Land Division Act, this
chapter, the preliminary plat, any conditions of approval attached
to the preliminary plat and the completion of public improvements
or performance guarantees to ensure their completion. The Township
Board may approve or deny the final plat as follows:
(1)
Upon determination that the final plat does not comply
with the standards and regulations in this chapter and other applicable
ordinances and laws, the Township Board shall deny the final plat,
record the reasons for denial in the official minutes, and refund
the filing recording fee.
(2)
Upon determining that the final plat is in compliance
with the standards and regulations in this chapter and other applicable
ordinances and laws, the Township Board shall approve the final plat
and direct the Township Clerk to sign the plat. The Township Clerk
shall forward the required number of copies of the plat to the Clerk
of the County Plat Board, together with the filing and recording fee.
B.
When a subdivision improvement agreement and performance
guarantee have been required for a subdivision, no certificate of
occupancy for any building in the subdivision shall be issued prior
to the completion of the required public improvements and the acceptance
of dedication of those improvements by the Township or other authority
having jurisdiction.
