SUBDIVISIONS*
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*Editor’s note‑‑A map depicting the urban service area may be examined at the office of the city clerk.
Cross reference(s)‑‑Buildings and building regulations, ch. 10; planning, ch. 62; streets, sidewalks and other public places, ch. 74; utilities, ch. 86.
State law reference(s)‑‑Subdivision control act, MCL 560.101 et seq., MSA 26.430(101) et seq.; minimum standards, MCL 560.259, MSA 26.430(259).
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Sec. 78-1. Purpose of chapter.
Sec. 78-2. Administration of chapter.
Sec. 78-3. General provisions for all subdivisions.
Sec. 78-4. Procedure for approval.
Sec. 78-5. Details to be shown on plats.
Sec. 78-6. Lot sizes in relation to improvements.
Sec. 78-7. Improvements required in complete utility subdivisions.
Sec. 78-8. Improvements required in partial utility subdivisions.
Sec. 78-9. Variations in complete and partial utility subdivisions.
Sec. 78-10. Improvements required in potential utility subdivisions.
Sec. 78-11. Variations in potential utility subdivisions.
Sec. 78-12. Improvements required in private service subdivisions.
Sec. 78-13. Variances.
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Sec. 78-1. Purpose of chapter.
In their interpretation and application the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of public health, safety, convenience and general welfare. It shall be administered to ensure orderly growth and development, to conserve, protect and adequately provide for circulation, utilities, and services, all with a view to conserving the value of property and encouraging the most appropriate use of land in the city and its service area.
(Code 1965, Sec. 22.02)
Sec. 78-2. Administration of chapter.
This chapter shall be administered by the council. The rules, regulations and standards imposed by this chapter shall be considered to be the minimum requirements for the protection of the public health, safety and welfare of the citizens of the city, and in interpreting and applying them the council shall give primary consideration to these factors.
(Code 1965, Sec. 22.13)
Sec. 78-3. General provisions for all subdivisions.
The provisions of this section apply to all subdivisions.
(1) Master plan. All subdivisions shall conform whenever possible to the provisions and conditions of the master plan for future development of the city.
(2) Streets. All streets shall conform in width, direction and alignment with the official map mentioned in section 78-6 and shall connect with existing streets shown thereon with a minimum of jogs or sharp angles. Curving streets shall have minimum radii of 200 feet, and the minimum width of street easements shall be 60 feet. In case of streets which may be required for arterial use, a greater width easement may be required by the council.
(3) Dead-end streets. Dead-end streets shall not exceed 800 feet in length unless an outlet with minimum of 60 feet width is provided when required. There shall be a turnaround roadway with a minimum outside curb radius of 50 feet at the closed end.
(4) Block lengths. No block shall exceed 1,000 feet in length. Outlets may be required at a lesser length if deemed necessary by the planning commission and ten-foot or more pedestrian crosswalks or utility easement may be required.
(5) Reserve strips. No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strip has been placed in the city or the county road commission under conditions approved by the city.
(6) Street grades. No street grade shall be less than one-half of one percent, nor greater than seven percent, except in special instances where the topography of the land to be subdivided is such as to make it impossible to otherwise develop such land. Nonpassing sight distance shall be at least 300 feet.
(7) Suitability. Where there is a question as to the suitability of a lot for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the planning commission may, after adequate investigation, withhold approval of such lots.
(8) Easements. Where a subdivision is traversed by a watercourse, drain or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with lines of the watercourse, and such further width for construction as deemed adequate by the city engineer, county road commission, and the county drain commission.
(9) Public sites and open spaces. Where a proposed park, playground, school or other public use shown in the community plan is located in whole or in part in a subdivision, the planning commission shall bring the same to the attention of the platter and discuss the question of acquiring such areas by dedication or reservation.
(10) Monuments. Monuments shall be placed at all block corners, angle points, points of curves in streets and at intermediate points as may be required by the city engineer. Monuments shall be of such material, size and length as approved by the city engineer.
(11) Business and industrial subdivisions. Where land is subdivided to be used for business or industrial purposes permitted by the zoning regulations, the services and improvements to be required shall be fixed by the planning commission with reference to the use and density of the subdivided area and the type of business or industrial activity to be carried on in the subdivided area in accordance with the provisions of section 78-7, specifications as to size, location, etc., to be established by the city engineer.
(12) Street names. All names will be subject to approval of the planning commission and may be required to conform with the county numbering system.
(Code 1965, Sec. 22.12)
Sec. 78-4. Procedure for approval.
(a) Sketch plats. A sketch plat of a subdivision may be submitted to the planning commission for preliminary plat discussion before the preliminary plat is prepared. This step is recommended. The sketch plat is designed to enable the planning commission and the applicant to discuss principles involved before the applicant has gone to the expense of completing detailed engineering drawings. The planning commission will act on such plat, and if satisfactory, give sketch plat approval. This approval will not be binding, and will be subject to change, but will enable the applicant to proceed on a reasonable, sound basis. Sketch plat approval does not carry the authority to proceed with construction.
(b) Preliminary plats.
(1) At least four black on white prints of a preliminary plat shall be submitted to the city clerk two weeks before the regular planning commission meeting at which the plat’s consideration is desired. This preliminary plat shall show the details and contain the information required in section 78-5.
(2) The planning commission shall consider the preliminary plat and shall require any such changes or modification of the preliminary plat to be made as are necessary to make such plat comply with the provisions of this chapter and shall return it to the subdivider for compliance. If the preliminary plat as originally submitted, or as changed or modified, as required by the planning commission, meets the requirements of this chapter, the planning commission shall give it tentative approval. It shall then be referred to the council for tentative approval, and, upon tentative approval of the council, the city clerk shall affix his signature to it with the notation that it has received council tentative approval and it shall then be returned to the subdivider for compliance with final approval requirements.
(3) Tentative approval by the council shall give applicant the following rights for a one-year period from the date of approval:
a. The general terms and conditions under which the tentative approval was granted will not be changed by the city.
b. The applicant may submit on or before the expiration date the whole or parts of the tentatively approved plat for final approval.
(c) Final approval. Within one year from the date of tentative approval, four copies of the final plat shall be submitted to the city clerk at least five days prior to a regular meeting of the council. Before receiving final approval, the subdivider shall show that he has made agreements for the installation of the services and improvements required by section 78-6 through section 78-12. A fee of $1.00 for each lot within the plat, but not to exceed a total of $40.00, shall be paid to the city at the time of filing the final plat for final approval. If, in the opinion of the council, the final plat meets the requirements of Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.), as amended, and of this chapter, it shall give it final approval, and a notation to that effect shall be made on each plat, signed by the city clerk.
(Code 1965, Sec. 22.03)
Cross reference(s)‑‑Approval of plats, Sec. 62-37.
Sec. 78-5. Details to be shown on plats.
(a) Preliminary plat. The preliminary plat shall be designed in compliance with the provisions of section 78-6, be drawn accurately to a scale of preferably not more than 100 feet to the inch, and shall show or be accompanied by the following information:
(1) A key map showing the platted area in relation to the surrounding areas.
(2) Plans of proposed utility layouts (sewers, storm drains and water) showing connections to any existing or proposed utility systems. Contour lines shall be shown on this map. If no public sewage disposal system is available, percolation tests or test holes shall be made as directed by the city engineer or the health department having jurisdiction, and the results shall be submitted with the preliminary plat.
(3) The proposed use of the individual lots in the platted area.
(4) The dimensions and area of the individual lots and their average frontage and area.
(b) Final plat. The final plat shall be prepared as required by the subdivision control act, being Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.), as amended.
(Code 1965, Sec. 22.04)
Sec. 78-6. Lot sizes in relation to improvements.
(a) General provisions. It is the intent of this chapter to ensure that the density of all future subdivision development shall be directly related to carefully selected service areas shown on the service area map as primary, secondary, private and industrial service areas. The map is incorporated into and made a part of this chapter by reference. A copy of the map shall be kept on file in the clerk’s office. Primary service areas are those areas in the city and the surrounding area which were on October 7, 1963, provided with or where the city has agreed it will provide public sewer, public water and public electric services. Secondary service areas are those areas in the city and the surrounding area which are now provided with or where the city has agreed it will provide public water and electric services but not public sewer services. Private service areas are those areas where neither public water nor public sewer are provided and where there are no agreements or plans to provide such services. The nonresidential service area is reserved for industrial use. For the purpose of this chapter, subdivisions shall be classified as complete utility, partial utility, potential utility or private service subdivisions. For reasons of health and sanitation, the minimum required area of each lot shall vary according to the type of subdivision, the minimum requirements increasing as the availability of the various public services decreases. In this way, it is hoped that, with the future development of the city and the increasing concentration of population, serious dangers to health will be avoided.
(b) Complete utility subdivision‑‑primary service area. A complete utility subdivision is a subdivision in the primary service area in which arrangements have been made for both public water service and sewage disposal by a public utility system and for the other city services required by this chapter. The minimum average frontage of lots in such subdivision at the building line shall be 70 feet, and the minimum average lot area 8,400 square feet.
(c) Partial utility subdivision‑‑primary service area. A partial utility subdivision is a subdivision in which arrangements have been made for either public water service or sewage disposal by a public utility system, but not for both, and for the other city services required by this chapter in primary service areas. The minimum average lot frontage of all lots in such subdivisions at the building line shall be 80 feet, and the minimum lot area shall be 10,000 square feet.
(d) Potential utility subdivision‑‑primary service area. A potential utility subdivision is a subdivision in which at the time of platting neither public water nor sewage disposal by a public utility system can be immediately obtained, but where other city services required by this chapter for partial utility subdivisions are provided. If the potential utility subdivision is located in a primary service area so that it is known that both public water and sewage disposal by a public utility system will eventually become available, the minimum average frontage of all lots at the building line shall be 90 feet and the minimum lot area shall be 13,500 square feet.
(e) Potential utility subdivision‑‑secondary service area. If a potential utility subdivision is located in a secondary service area, where it is or can be served with public water but not with sewage disposal by a public utility system, the minimum average frontage of all lots at the building line shall be 110 feet and the minimum lot area shall be 18,000 square feet.
(f) Private service subdivision‑‑private service area. A private service subdivision is one located outside of either the established primary or secondary service areas so that neither public water or sewage disposal by a public utility system is furnished or contemplated and there are no plans or agreements by any utilities to serve them with water or sewers. The minimum average frontage of lots at the building line shall be 165 feet, and the minimum lot area shall be 35,000 square feet.
(Code 1965, Sec. 22.05)
Sec. 78-7. Improvements required in complete utility subdivisions.
Prior to the granting of final approval for a complete utility subdivision, the subdivider shall either have agreements with the city for the installation of the improvements listed in this section or, in lieu of agreements, provide bonds to install such improvements within three years. The following improvements are required:
(1) Pavement and curbs. A 36-foot graded street, surfaced according to city specifications with asphalt or an equally satisfactory surfacing with concrete curbs and gutters, as approved by the city engineer.
(2) Water. A public water supply of sufficient size, approved by the city engineer, available to each lot within the subdivision, together with a contract for the installation and maintenance and operation of approved fire hydrants in locations approved by the city.
(3) Sewers and drainage. Adequate provision shall be made for culverts, catch basins, storm sewers and sanitary sewers properly connected to or provisions made for connection to an approved system, as approved by the city engineer.
(4) Sidewalks. Five-foot sidewalks shall be installed by the developer in accordance with specifications of the city, subject to inspection and approval by the city engineer.
(5) Shade trees. Shade trees, at least one to a lot, but not closer than 50 feet from trunk to trunk, of a type, size and location approved by the city engineer.
(6) Topsoil. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be distributed and stabilized by seeding or planting as specified by the city engineer.
(7) Street names. Signs shall be placed at all intersections within or abutting the subdivision. Type and location shall be approved by the city engineer.
(Code 1965, Sec. 22.06)
Sec. 78-8. Improvements required in partial utility subdivisions.
In a partial utility subdivision the same improvements are required as in a complete utility subdivision except that:
(1) If a public utility water system is not available, in lieu of the requirements of section 78-7(2), individual wells may be used provided the location and construction of the wells are approved by the city engineer or the health department having jurisdiction; or
(2) If the services of a public utility sanitary sewer system are not available, in lieu of requirements of section 78-7(3), sewage disposal installations may be used, provided they are approved by the city engineer or the health department having jurisdiction.
(Code 1965, Sec. 22.07)
Sec. 78-9. Variations in complete and partial utility subdivisions.
If the average width of all lots in a complete or partial utility subdivision in the primary service area exceeds 90 feet, improvement standards may vary with the density of development to encourage larger lot sizes as follows: A five-foot sidewalk on one side of the street may be permitted instead of two sidewalks.
(Code 1965, Sec. 22.08)
Sec. 78-10. Improvements required in potential utility subdivisions.
The following improvements are required in a potential utility subdivision:
(1) Pavement and curbs. Same as section 78-7.
(2) Sidewalks. Same as section 78-9.
(3) Other provisions. Arrangements shall be made at the time the plat receives final approval for the future installation of both public water and sewage disposal by a public utility system in the primary service area and future installation of public water by a public utility system in the secondary service area. Installation of fire hydrants, adequate storm sewers and topsoil protection as called for in section 78-7 are required. Performance or cash bonds may be required to ensure compliance.
(Code 1965, Sec. 22.09)
Sec. 78-11. Variations in potential utility subdivisions.
If the average width of all lots in a potential utility subdivision in the secondary service area exceeds 150 feet and the average lot area exceeds 30,000 square feet, the planning commission may vary these standards in proportion to increased lot sizes as follows: Sidewalk provisions may be waived unless needed to provide access to schools or to continue a walk on an existing street.
(Code 1965, Sec. 22.10)
Sec. 78-12. Improvements required in private service subdivisions.
The following improvements are required in a private service subdivision: Roads. A properly graded, drained and seal coated road, as approved by the city engineer, with a minimum width of 24 feet, valley gutters and with concrete, curbs and gutters at the intersections shall be provided.
(Code 1965, Sec. 22.11)
Sec. 78-13. Variances.
(a) If the subdivider can clearly demonstrate that literal enforcement of this chapter is impractical or will impose undue hardship in the use of his land because of peculiar conditions pertaining to his land, the council may permit such variance as, in its sound discretion, it believes to be reasonable and within the general purpose and policy of this chapter.
(b) In making the findings required in subsection (c) of this section, the council shall consider the location and condition of the proposed subdivision, the nature of the proposed variance, as compared with 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 subdivisions and variances on traffic conditions in the vicinity.
(c) No variance shall be granted unless the council finds that:
(1) There are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land.
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.
(3) The granting of the variance will not be detrimental to the public welfare or be injurious to property in the area in which the property is situated.
(d) A petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the planning commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Code 1965, Sec. 22.14)