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.
B. Optional concept plan review (§
152-11), involving Township staff, consultants and Planning Commission for direction to the proprietor, but no formal action is taken.
C. Tentative approval of the preliminary plat (§
152-12).
D. Final approval of the preliminary plat (§
152-13).
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.
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.
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.
(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.