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.
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.
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:
(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.
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.