No subdivision plat required by this chapter
or the Land Division Act (Michigan Public Act 288 of 1967, as amended)
shall be admitted to the public land records of the County or received
or recorded by the County Register of Deeds, until such subdivision
plat has received final approval by the Township Board. No public
board, agency, commission, official or other authority shall proceed
with the construction of or authorize the construction of any of the
public improvements required by this chapter unless such public improvements
have been accepted or otherwise permitted in accordance with the terms
of this chapter. No public board, agency, commission, official or
other authority shall issue building or occupancy permits for structures
on lands subject to this chapter where the proprietor has not complied
with the requirements set forth herein.
A.
Interpretation. In their interpretation and application,
the provisions of this chapter shall be held to be the minimum requirements.
More stringent provisions may be required if it is demonstrated that
different standards are necessary to promote the public health, safety,
and welfare.
B.
Conflict. Where the conditions imposed by any provisions
of this chapter are either more or less restrictive than comparable
conditions imposed by any other provisions of this chapter or of any
other applicable law, ordinance, resolution, rule or regulation of
any kind, the regulations which are more restrictive and impose higher
standards or requirements shall govern.
C.
Separability. The provisions of this chapter are separable.
If a section, sentence, clause, or phrase of this chapter is adjudged
by a court of competent jurisdiction to be invalid, the decision shall
not affect the remaining portions of this chapter.
The proprietor shall be responsible for payment
of all fees, in accordance with the fee schedule and administrative
regulations adopted and, from time to time, updated by the Township
Board, including fees for review by consultants (planning, landscape
architect, woodlands, engineering, traffic engineer or wetlands consultant,
as appropriate); legal review; and Township administrative costs (including
notification and publication costs); filing and recording as specified
in the Land Division Act; inspection; and connection to public utilities.
A.
Waivers from this chapter.
(1)
Applicable waivers. Waivers from requirements of this
chapter may be considered by the Township Board for the following:
(a)
Planned unit development or open space community waiver. A waiver from specific provisions of this chapter may be granted in the case of a platted subdivision within a planned unit development or open space community project upon finding that the proposed development meets the spirit and intent of Chapter 170, Zoning, provides adequate public and open space, and includes provisions for efficient circulation, light and air, and other needs.
(b)
Waivers from public improvement or utility requirements.
The Township Board may grant a waiver from required public improvements
if, in its best judgment, said installations would be impractical.
B.
Process. The process for a waiver request from this
chapter shall be as follows:
(1)
Applications for any waiver shall be made in writing
to the Township Clerk by the proprietor prior to approval of the final
preliminary plat. The application shall state fully and clearly all
facts relied upon by the proprietor. The application shall include
any required fee, and be supplemented with maps, plans. and other
additional data which may aid the Planning Commission in the analysis
of the requested waiver. In the case of a requested waiver for a planned
unit development or open space community, the plans submitted for
such development shall include such covenants, restrictions, or other
legal provisions necessary to guarantee the full achievement of the
plan.
(2)
The request shall be forwarded to the Planning Commission. The Planning Commission shall first conduct a public hearing. Notice of the public hearing shall be posted in a newspaper of daily record and sent, in accordance with § 170-40.8, Public hearings, of Chapter 170, Zoning, to landowners within 300 feet of the parcels or lots for which the variance is sought.
(3)
Following the public hearing, the Planning Commission
shall provide a recommendation to the Township Board, in accordance
with the standards below.
(4)
The Township Board shall make a decision on the request.
In making its decision, the Township Board may establish requirements,
time constraints or conditions that will, in its judgment, secure
substantially the objectives and requirements of this chapter. The
Township Board shall state the reasons for its finding or decisions
as part of its official records.
(5)
The Township Board shall have the final authority
on waivers or modifications of the standards of this chapter, except
Wayne County must also endorse any waivers from county standards.
Appeals of the Township Board decisions shall be to a court of law.
C.
Waiver standards. The decision on a waiver request
shall be based on a finding that practical difficulties are unnecessary
hardship result from strict compliance with specific provisions or
requirements of the chapter. In making its finding, the Township Board
shall take into account the nature of the proposed use of land and
the existing use of land in the vicinity, the number of persons to
reside or work in the proposed subdivision, and the probable effect
of the proposed subdivision upon traffic conditions in the vicinity.
No waiver shall be recommended unless the Township Board finds that:
(1)
There are such special circumstances or conditions
affecting said property that the strict application of the provisions
of this chapter, would clearly be impractical or unreasonable.
(2)
The granting of the specified waiver will not be detrimental
to the public welfare or injurious to other property in the area in
which said property is situated.
(3)
Such waiver will not violate the provisions of the Land Division Act (Michigan Public Act 288 of 1967, as amended) nor create a violation of Chapter 170, Zoning.
(4)
Such waiver will not have the effect of nullifying
the intent and purpose of this chapter and the Township Master Plan.
Whenever the Township Board permits or requires
a performance guarantee as security for required improvements, the
performance guarantee shall be in the form of a letter of credit,
certified check or cash escrow. Any such security shall be in an amount
equal to 120% of the estimated cost of completion of the required
public improvements, including lot improvements. The issuer of the
letter of credit or the escrow agent, as applicable, shall be acceptable
to the Township Attorney.
A.
Letter of credit. If the proprietor posts a letter
of credit as security, the credit shall:
(1)
Be irrevocable.
(2)
Be for a term sufficient to cover the completion,
maintenance, and warranty periods specified in this chapter or in
other ordinances or regulations for the specific improvement.
(3)
Require only that the Township present the credit
with a sight draft and an affidavit signed by the Township Attorney
attesting to the municipality's right to draw funds under the credit.
B.
Cash escrow or certified check. If the proprietor
posts a cash escrow or certified check as security, the escrow instructions
shall provide that:
(1)
The proprietor shall have no right to a return of
any of the funds except as provided herein.
(2)
The escrow agent shall have a legal duty to deliver
the funds to the Township whenever the Township Attorney presents
an affidavit to the agent attesting to the Township's right to receive
funds whether or not the proprietor protests the right.
C.
Release or reduction of security.
(1)
Certificate of satisfactory completion. The Township
Board shall not accept dedication of required improvements, nor release
nor reduce the amount of any security posted by the proprietor until
the Township Engineer has submitted a certificate stating that all
required improvements have been satisfactorily completed and until
the proprietor's engineer or surveyor has certified to the Township
Engineer, through submission of a detailed as-built survey plat of
the subdivision, indicating location, dimensions, materials and other
information required by the Township Engineer, that the layout of
the line and grade of all public improvements is in accordance with
construction plans for the subdivision, and a title insurance policy
has been furnished to and approved by the Township Attorney indicating
that the improvements have been completed, are ready for dedication
to the Township and are free and clear of any and all liens and encumbrances.
Upon such approval and recommendation by the Township Engineer and
Township Attorney, the Township Board shall accept the improvements
for dedication in accordance with the established procedure.
(2)
Reduction of escrowed funds and security. If the security
posted by the proprietor was a cash escrow, the amount of that escrow
shall be reduced upon actual acceptance of the dedication of public
improvements and then only to the ratio that the cost of the public
improvement for which dedication was accepted bears to the total cost
of public improvements for the subdivision. In no event shall a cash
escrow be reduced below 25% of the principal amount. Funds held in
the escrow account shall not be released to the proprietor, in whole
or in part, except upon express written instructions of the Township
Attorney. At the end of the maintenance and warranty periods, all
escrowed funds, if any, shall be released to the proprietor. If the
security provided by the proprietor was a letter of credit, the Township
Attorney shall execute waivers of the municipality's right to draw
funds under the credit upon actual acceptance of the dedication of
public improvements and then only to the ratio that the cost of the
public improvement for which dedication was accepted bears to the
total cost of public improvements for the subdivision. In no event
shall waivers be executed that would reduce the security below 25%
of its original amount.
A.
Enforcement. Enforcement of this chapter shall be
the responsibility of the Township Building Department. The Building
Department shall have the authority to enforce this chapter in accordance
with requirements and procedures set forth in this section.
B.
Authorized Township officials. The Township Supervisor,
Township Manager, Planning Director, Zoning/Code Enforcement Officers,
Chief Building Official and public safety officers are hereby designated
as the authorized Township officials to issue municipal civil infraction
citations directing alleged violators to appear in court or municipal
civil action violation notices directing alleged violators to appear
at the Township of Northville Municipal Ordinance Violations Bureau.
Any person who shall violate the provisions
of this Chapter shall be responsible for a municipal civil infraction,
subject to the following penalties:
A.
The following civil fines shall apply in the event
of a determination of responsibility for a municipal civil infraction,
unless a different fee is specified in connection with a particular
section:
(1)
First offense. The civil fee for a first offense violation
shall be in the amount of not less than $150, plus costs and other
sanctions, for each offense.
(2)
Repeat offense. The civil fine for any offense which
is a repeat offense shall be in an amount of not less than $300, plus
costs and other sanctions for each offense.
B.
In addition to ordering the defendant determined to
be responsible for a municipal civil infraction to pay a civil fine,
costs, damages and expenses, the Judge or Magistrate shall be authorized
to issue any judgment, writ or order necessary to enforce, or enjoin
violation of, the chapter.
C.
Continuing offense. Each act of violation, and on
each day upon which any such violation shall occur, shall constitute
a separate offense.
D.
Remedies not exclusive. In addition to any remedies
provided for by the Code of the Charter Township of Northville, any
equitable or other remedies available may be sought.
E.
The Judge or Magistrate shall be authorized to impose
costs, damages and expenses as provided by law.
F.
A municipal civil infraction shall not be a lesser
included offense of a criminal offense or of an ordinance violation
which is not a civil infraction.
In addition to all other remedies, including the penalties provided in § 152-33 of this chapter, the Charter Township of Northville may commence and prosecute appropriate actions in the Circuit Court for the County of Wayne or any other court having jurisdiction to restrain or prevent any noncompliance with or violation of any of the provisions of this chapter, or to correct, remedy or abate such noncompliance or violation.
Any prosecution arising from a violation of
ordinances or regulations repealed herein, which prosecution may be
pending at the time this chapter shall become effective, or any prosecution
which may be commenced in the future for any offenses committed before
the effective date of this chapter, may be instituted, tried and determined
in accordance with the provisions of such ordinances or regulations
in effect at the time of the commission of the offenses.
