Article 20-2 . SUBDIVISION REGULATIONS

ARTICLE II. SUBDIVISION REGULATIONS

20-19. Purpose.

The purposes of this article are to:

(1) Provide for the orderly growth and harmonious development of the community;

(2) Secure adequate traffic circulation through coordinated street systems with relation to major thoroughfares, adjoining subdivisions and public facilities;

(3) Achieve individual property lots of maximum utility and livability;

(4) Secure adequate provisions for water supply drainage, sanitary sewerage and other health requirements;

(5) Secure adequate provisions for recreational areas, school sites and other public facilities; and

(6) Provide logical procedures for the achievement of these purposes.

(Code 1987, § 4-01.01)

20-20. Definitions.

All terms as defined in the subdivision act shall control in this article unless indicated to the contrary in this section. For the purpose of this article, certain words, terms and phrases shall be defined as follows:

Block means property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or live stream; or between any of the foregoing and any other barrier to the continuity of development.

Easement means a grant by the owner of the use of a strip of land by the public, a corporation or persons, for specific uses and purposes, to be designated as a public or private easement depending on the nature of the use.

Improvements means grading, street surfacing, curb and gutter, sidewalks, crosswalks, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities and other additions to the natural state of land which increases its value, utility or habitability.

Land division act means the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.).

Lot means a measured portion of parcel or tract of land, which is described or fixed in a recorded plat.

Major streets or thoroughfare plan means the part of the master plan which sets forth the location, alignment and dimensions of existing and proposed streets and thoroughfares.

Master plan means the comprehensive land use plan for the municipality, including graphic and written proposals indicating the general locations recommended for the streets, parks, schools, public buildings, zoning districts and all physical developments of the municipality, and includes any unit or part of such plan separately adopted, and any amendments to such plan or parts thereof duly adopted by the planning commission.

Parcel means a continuous area or acreage of land which can be described as provided for in the land division act.

Plat means a map or chart of a subdivision of land.

(1) Preliminary plat (preapplication review) (stage 1). A map indicating the proposed layout of the subdivision in sufficient detail to provide adequate basis for review and to meet the requirements and procedures set forth in this article.

(2) Preliminary plat (stage 2). A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration prepared in conformance with the land division act.

(3) Final plat. A map of all or part of a subdivision providing substantial conformance to the preliminary plat (stage 2) of the subdivision prepared in conformance with the requirements of the land division act and this article and suitable for recording by the county register of deeds.

Proprietor means a natural person, firm, association, partnership, corporation or combination of any of them which may hold any ownership interest in land, whether recorded or not.

Street means any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway; or a street or way shown in a plat heretofore approved pursuant to law or approved by official action; or a street or way on a plat duly filed and recorded in the office of the county register of deeds. A street includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and lawns.

(1) Major thoroughfare. An arterial street of great continuity which is intended to serve as a large volume trafficway for both the immediate municipality area and region beyond, and may be designated in the municipality’s major thoroughfare plan as a major thoroughfare, parkway, expressway or equivalent term to identify those streets comprising the basic structure of the street plan.

(2) Collector street. A street intended to serve as a major means of access from minor streets to major thoroughfares which has considerable continuity within the framework of the major thoroughfare plan.

(3) Minor street. A street of limited continuity used primarily for access to abutting residential properties.

(4) Marginal access street. A minor street paralleling and adjacent to a major thoroughfare which provides access to abutting properties and protection from through traffic.

(5) Boulevard street. A street developed to two two-lane, one-way pavements separated by a median.

(6) Turn-around. A short boulevard street permanently terminated by a vehicular turn-around.

(7) Cul-de-sac street. A short minor street having one end permanently terminated by a vehicular turn-around.

(8) Alleys. A minor service street used primarily to provide secondary vehicular access to the rear or side of properties otherwise abutting upon a street.

Subdivide or subdivision means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of the land division act by sections 108 and 109 (MCL 560.108, 560.109). The term "subdivide" or "subdivision" does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the land division act or the requirements of an applicable local ordinance.

Township engineer or consulting engineer means the staff engineer or consulting engineer.

Township planner or consulting planner means the staff planner or consulting planner of the township.

Tract means two or more parcels that share a common property line and are under the same ownership.

(Code 1987, § 4-01.02)

20-21. Subdivision platting procedure.

The preparation of a subdivision for platting shall be carried out through three phases: pre-preliminary plat, preliminary plat and final plat, all in accordance with the procedure as follows:

(1) Plat background information. Prior to the preparation of a pre-preliminary plat, it is suggested that the proprietor meet informally with the municipal departments concerned to investigate the procedures and standards of the municipality with reference to this subdivision regulations ordinance and with the proposals of the master plan as they affect the area in which the proposed subdivision is located. The proprietor should not submit a pre-preliminary plat at this time.

(2) Initial investigation. The proprietor should concern himself with the following factors:

a. The proprietor shall secure a copy of the zoning ordinance, subdivision regulations, engineering specifications and other similar ordinances or controls relative to the subdivision and improvement of land so as to make himself aware of the requirements of the township.

b. The area for the proposed subdivision shall be properly zoned for the intended use.

c. An investigation of adequacy of existing schools and the adequacy of public open spaces including parks and playgrounds to serve the proposed subdivision shall be made by the proprietor.

d. The relationship of the proposed subdivision with respect to major thoroughfares and plans for widening of thoroughfares shall be investigated by the proprietor.

e. Standards for sewage disposal, water supply and drainage of the township shall be investigated by the proprietor.

(Code 1987, § 4-01.03)

State law reference— Platting procedure, MCL 560.111 et seq.

20-22. Pre-preliminary plat.

The procedure for preparation and submittal of a pre-preliminary plat of the land area to be subdivided shall be as follows:

(1) Preparation for pre-preliminary approval.

a. Subdivision identification/description. The pre-preliminary plat shall include:

1. Proposed name of subdivision.

2. Location by section, town and range, or by other legal description.

3. Names and addresses of the proprietor, owner-proprietor, and the planner, designer, engineer or surveyor who designed the subdivision layout. The proprietor shall also indicate his interest in the land.

4. Scale of plat. One inch equals 100 feet as minimum acceptable scale.

5. Date.

6. North point.

b. Existing subdivision site conditions. The pre-preliminary plat shall include:

1. Site area map. An overall area map at a scale of not less than one inch equals 2,000 feet showing the relationship of the subdivision to its surroundings such as section lines and/or major streets or collector streets shall be provided.

(i) Boundary line of proposed subdivision, section or corporation lines within or adjacent to the tract, and overall property dimensions.

(ii) Property lines of adjacent tracts of subdivided and unsubdivided land shown in relation to the tract being proposed for subdivision including those of areas across abutting roads.

(iii) Locations, widths and names of existing or prior platted streets and private streets and public easements within or adjacent to the tract being proposed for subdivision, including those located across abutting roads.

(iv) Location of existing sewers, water mains, storm drains and other underground facilities within or adjacent to the tract being proposed for subdivision.

2. Topography. Topography drawn as contours with an interval of at least two feet. Topography to be based on United States Geological Survey Datum.

c. Proposed subdivision site conditions. The pre-preliminary plat shall include:

1. Layout of streets indicating proposed street names, right-of-way widths and connections with adjoining platted streets and also the widths and locations of alleys, easements and public walkways.

2. Layout, numbers and dimensions of lots, including building setback lines showing dimensions.

3. An indication of the ownership, and existing and proposed use of any parcels identified as "excepted" on the pre-preliminary plat. If the proprietor has an interest or owns any parcel so identified as "excepted," the pre-preliminary plat shall indicate how this property could be developed in accordance with the requirements of the existing zoning district in which it is located and with an acceptable relationship to the layout of the proposed pre-preliminary plat.

4. An indication of the system proposed for water supply by a method approved by the governing body and the township engineer.

5. An indication of the system proposed for sewage by a method approved by the governing body and the township engineer.

6. An indication of the storm drainage proposed by a method approved by the governing body and the township engineer and, if involving county drains, the proposed drainage shall be acceptable to the county drain commissioner.

7. In the case where the proprietor wishes to subdivide a given area, but wishes to begin with only a portion of the total area, the pre-preliminary plat shall include the proposed general layout for the entire area. The part which is proposed to be subdivided first shall be clearly superimposed upon the overall plan in order to illustrate clearly the method of development which the proprietor intends to follow. Each subsequent plat shall follow the same procedure until the entire area controlled by the proprietor is subdivided.

8. If the subdivision is proposed to be developed under the subdivision open space plan, said subdivision shall meet the requirements of section 20-26

d. Appropriate school district informed. The school board or school board superintendent of the school district having jurisdiction in the area concerned shall be informed and made aware of the proposed pre-preliminary plat by the proprietor. A letter or document from the school board or school board superintendent indicating awareness of the proprietor’s intentions shall be submitted to the planning commission as part of the pre-preliminary plat.

(2) Filing for approval.

a. With township clerk. Ten copies of the pre-preliminary plat of the proposed subdivision, together with written application in triplicate, shall be submitted to the clerk for the planning commission.

b. Delay due to omitted data. Should any of the data required in subsection (1) of this section be omitted, the clerk shall notify the proprietor of the additional data required and commission action shall be delayed until the required data is received.

c. Commission deadline unless extended. The commission shall act on the pre-preliminary plat after the date of filing unless the proprietor agrees to an extension of time in writing as follows:

1. Within 30 days after it was submitted to the clerk, if a preapplication review meeting was conducted.

2. Within 60 days after it was submitted to the clerk, if a preapplication review meeting was not conducted.

(3) Review by planning commission.

a. Check for completeness by clerk. The clerk shall receive and check for completeness the pre-preliminary plat as required under subsections (1) and (2) of this section. If complete and basically in conformance with applicable township requirements, the clerk shall place the proposal on the agenda of the next regular commission meeting.

b. Technical review. The clerk shall transmit a copy of the pre-preliminary plat to the township engineer and the township planner for their technical review and recommendation.

c. Review criteria. The commission shall review all details of the proposed subdivision within the framework of the zoning ordinance, within the various elements of the master plan and within the standards of this subdivision regulations article.

d. Recommendation alternatives. The commission shall approve conditionally, disapprove or approve the pre-preliminary plat.

1. Conditional approval. Should the approval be a conditional approval and therefore tentative, the pre-preliminary plat shall not be forwarded to the governing body until said conditions have been satisfied by the proprietor.

2. Disapproval. Should the commission disapprove the pre-preliminary plat, it shall record the reasons in the minutes of the regular meeting. A copy of the minutes shall be sent to the proprietor.

3. Approval. Should the commission find that all conditions have been satisfactorily met, it may give approval to the pre-preliminary plat. The chairman shall make a notation to that effect on each copy of the pre-preliminary plat and distribute copies of same as follows:

(i) Return one copy to the proprietor;

(ii) Retain one copy which shall become a matter of permanent record in the commission files;

(iii) Forward one copy to the school board or school superintendent of the school district having jurisdiction in the area concerned;

(iv) Forward the remaining copies to the governing body via the clerk’s office with recommendations for approval.

(4) Review and approval by township board.

a. Commission must review and recommend. The governing body will not review a pre-preliminary plat until it has received the review and recommendations of the commission. Following the receipt of such recommendations, the governing body shall consider the pre-preliminary plat at such meeting that the matter is placed on the regularly scheduled agenda.

b. Board deadline. The governing body shall take action on the pre-preliminary plat:

1. Within 60 days after it was submitted to the clerk, if a preapplication review meeting was conducted.

2. Within 90 days after it was submitted to the clerk, if a preapplication review meeting was not conducted.

c. Right conferred with board approval. Should the governing body approve the pre-preliminary plat, it shall be deemed to confer upon the proprietor the right to proceed with the preparation of a preliminary plat.

d. Specific applicability of approval. Approval of the pre-preliminary plat shall not constitute approval of the preliminary plat. It shall be deemed as approval of the layout submitted on the pre-preliminary plat as a guide to the preparation of a preliminary plat.

e. Approval time limitation. The approval of the governing body shall be effective for a period of 12 months. Should the preliminary plat in whole or in part not be submitted within this time limit, a pre-preliminary plat must again be submitted to the commission for approval.

f. Restriction. No installation or construction of any improvements shall be made at this time.

(Code 1987, § 4-01.04)

20-23. Preliminary plat.

The procedure for the preparation and review of a preliminary plat requires tentative and final approval as follows:

(1) Filing for tentative approval.

a. With township clerk. Ten copies of a valid and complete preliminary plat of the proposed subdivision, together with written application in triplicate and any other information required to be submitted under the land division act, shall be filed with the clerk.

b. Conformance to pre-preliminary plat.

1. Substantially as approved. The preliminary plat shall conform substantially to the pre-preliminary plat as approved.

2. Only portion to be developed. The preliminary plat may constitute only that portion of the approved pre-preliminary plat which the proprietor proposed to record and develop at the time; provided, however, that such portion conforms to this subdivision regulations article.

c. Completeness. The clerk shall check the proposed plat for completeness. Should any of the data required in the subdivision act, or sections 20-22(1) and (2) be omitted, the clerk shall be directed to inform the proprietor of the data required, and that the application will be delayed until the required data is received.

(2) Technical review for tentative approval. The clerk shall transmit a copy of the valid and complete preliminary plat to the township engineer and township planner for their technical review and recommendation.

a. Township engineer review. The preliminary plat shall be reviewed by the township engineer as to compliance with the approved pre-preliminary plat and plans for utilities and other improvements.

b. Township engineer recommendation. The township engineer shall notify the commission of his recommendation for either approval or rejection of the preliminary plat.

(3) Commission review for tentative approval.

a. Initiating action. The clerk shall place the preliminary plat on the next regular planning commission agenda, at which meeting the proprietor will be scheduled to appear.

b. Commission deadline unless extended. The planning commission shall act on the preliminary plat within 60 days after the date of filing unless the proprietor agrees to an extension, in writing, of the time required for approval by the governing body and planning commission.

c. Notice to adjacent property owners. It shall be the duty of the clerk to send a notice by registered or certified mail to the owners of land immediately adjoining the property to be platted of the presentment of the preliminary plat and the time and place of the meeting of the commission to consider said preliminary plat; said notice shall be sent not less than five days before the date fixed therefor.

d. Review criteria. The preliminary plat documents shall be reviewed by the commission as to compliance with the approved pre-preliminary plat.

e. Recommendation alternatives.

1. Approval. Should the commission find that the preliminary plat is in close agreement with the pre-preliminary plat, it shall approve same and notify the governing body of this action in its official minutes and forward the same, together with all accompanying data, to the governing body for their review.

2. Disapproval. Should the commission find that the preliminary plat does not conform substantially to the previously approved pre-preliminary plat, that it is not acceptable, they shall record the reason in their official minutes and forward the same, together with all accompanying data, to the governing body and recommend that the governing body disapprove the preliminary plat until the objections causing disapproval have been changed to meet with the approval of the commission.

(4) Board review for tentative approval.

a. Commission must review and recommend. The governing body will not review a preliminary plat until it has received the review and recommendations of the commission. Following the receipt of such recommendations, the governing body shall consider the preliminary plat at such meeting that the matter is placed on the regularly scheduled agenda.

b. Board deadline. The governing body shall take action on the preliminary plat within 90 days of the date of initial filing of the plat with the clerk, as required in subsection (1)a of this section.

c. Board approval. Should the governing body tentatively approve the preliminary plat, they shall record their approval on the plat and return one copy to the proprietor.

d. Specific applicability of approval. Tentative approval shall not constitute final approval of the preliminary plat.

e. Tentative approval limitation. Tentative approval of the governing body shall be effective for a period of 12 months. Should the 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 governing body for approval unless an extension is applied for by the proprietor and such request is granted in writing by the governing body.

(5) Board review for final approval.

a. Filing; copies provided. The proprietor shall file a valid preliminary plat with the clerk together with a certified list of all authorities required for approval in sections 112 to 119 of the land division act (MCL 560.112–560.119). The proprietor shall also provide approved copies of plats from each of the required authorities.

b. Board deadline. The governing body shall take action on the preliminary plat within 20 days of the submission of all necessary approved plats.

c. Approval criteria. If the preliminary plat conforms substantially to the plat tentatively approved by the governing body and meets all conditions laid down for tentative approval, the governing body shall give final approval to the preliminary plat.

d. Notification of proprietor. The clerk shall promptly notify the proprietor of approval or rejection in writing; if rejected, reasons shall be given.

e. Final approval limitation. Final 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 by the proprietor and granted by the governing body in writing.

f. Restriction. No installation or construction of any improvements shall be made before the preliminary plat has received final approval of the governing body, engineering plans have been approved by the municipal engineer (township engineer) and any deposits required under section 20-27 have been received by the township.

(Code 1987, § 4-01.05)

State law reference— Preliminary plats, MCL 560.111 et seq.

20-24. Final plat.

The procedure for preparation and review of a final plat shall be as follows:

(1) Preparation.

a. Compliance. The final plat shall comply with the provisions of the land division act.

b. Conformance limitation. The final plat shall conform substantially to the preliminary plat as approved and it may constitute only that portion of the approved preliminary plat which the proprietor proposed to record and develop at the time; provided, however, that such portion conforms to this article.

c. Submission of evidence of title. The proprietor shall submit, as evidence of title, an abstract of title certified to date with the written opinion of an attorney-at-law thereon, or at the option of the proprietor, a policy of title insurance for examination in order to ascertain as to whether or not the proper parties have signed the plat.

(2) Filing. Five Mylar copies and three paper prints of the final plat shall be filed by the proprietor with the clerk and shall deposit such sums of money as the governing body may require herein or by other ordinance code provisions.

(3) Review by township engineer.

a. Compliance review. The final plat shall be reviewed by the township engineer as to compliance with the approved preliminary plat and plans for utilities and other improvements.

b. Recommendation. The township engineer shall notify the governing body of his recommendation for either approval or rejection of the final plat.

(4) Township board action. The governing body shall review all recommendations and take action on the final plat within 20 days of filing.

(5) Subsequent approvals. Upon the approval of the final plat by the governing body, the subsequent approvals shall follow the procedure set forth in the subdivision act. The three prints of the final plat shall be forwarded; one to the clerk, one to the planning commission, and one to the building department. The five Mylar copies shall be forwarded to the clerk of the county plat board.

(Code 1987, § 4-01.06)

State law reference— Final plats, MCL 560.131 et seq.

20-25. Subdivision design layout standards.

The subdivision design layout standards set forth under this section are development guides for the assistance of the proprietor. All final plans must be reviewed and approved by the governing body.

(1) Streets. Streets shall conform to at least all minimum requirements of the general specifications and typical cross sections as set forth in this section and other conditions set forth by the governing body.

a. Location and arrangement.

1. The proposed subdivision shall conform to the various elements of the master plan and shall be considered in relation to the existing and planned major thoroughfares and collector streets, and such part shall be platted in the location and width indicated on such plan.

2. The street layout shall provide for continuation of collector streets in the adjoining subdivisions or of the proper projection of streets when adjoining property is not subdivided or conform to a plan for a neighborhood unit drawn up and adopted by the commission.

3. The street layout shall include minor streets so laid out that their use by through traffic shall be discouraged.

4. Should a proposed subdivision border on or contain an existing or proposed major thoroughfare, the commission may require marginal access streets, reverse frontage or such other treatment as may be necessary for adequate protection of residential properties and to afford separation and reduction of traffic hazards.

5. Should a proposed subdivision border on or contain a railroad, expressway, or other limited access highway right-of-way, the commission may require the location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for the development of an appropriate use of the intervening land such as for parks in residential districts. Such distances shall be determined with due consideration of the minimum distance required for approach grades to future grade separation.

6. Half streets shall be prohibited, except where absolutely essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the commission finds it will be practicable to require the dedication of the other half when the adjoining property is developed. Wherever there exists adjacent to the tract to be subdivided, a dedicated or platted and recorded half street, the other half will be platted.

7. Alleys shall not be permitted in areas of detached single- or two-family residents. Alleys shall be provided in multiple dwellings or commercial subdivisions unless where no other provisions are made for service access, up street loading and parking. Dead-end alleys shall be prohibited.

b. Right-of-way widths. Street right-of-way widths shall conform to at least the following minimum requirements:


Street type	Right-of-way Widths
Major thoroughfares	120 feet
Collector streets	80 feet
Industrial service streets	80 feet
Multiple-family residential streets where platted	66 feet
Minor (single-family residential) streets	66 feet
Marginal access streets	50 feet
Turn-around (loop) streets	120 feet
Alleys	20 feet
Cul-de-sac streets–turn-arounds:
Industrial	110 feet radius
Residential and others	75 feet radius
Maximum length for residential cul-de-sac streets shall generally be 500 feet. Maximum length for industrial and other cul-de-sac streets may exceed 500 feet subject to the approval of the commission.

c. Grades. For adequate drainage, the minimum street grade shall not be less than five-tenths percent. The maximum street grade shall be six percent except that the commission may make an exception to this standard on the recommendation of the engineer.

d. Geometrics. Standards for maximum street grades, vertical and horizontal street curves and sight distances shall be established by ordinance or by published rules of the governing body and shall in no case be less restrictive than the standards of the county road commission.

e. Intersections. Streets shall be laid out so as to intersect as nearly as possible to 90 degrees. Curved streets, intersecting with major thoroughfares and collector thoroughfares, shall do so with a tangent section of centerline 50 feet in length, measured from the right-of-way line of the major or collector thoroughfare.

f. Grading and centerline gradients. Per plans and profiles approved by the township engineer.

g. Jogs. Street jogs with centerline offsets of less than 125 feet shall be avoided.

(2) Blocks. Blocks within subdivisions shall conform to the following standards:

a. Size.

1. Maximum length for blocks shall not exceed 1,400 feet in length, except where, in the opinion of the commission, conditions may justify a greater distance.

2. Widths of blocks shall be determined by the condition of the layout and shall be suited to the intended layout.

b. Public walkways.

1. Location of public walkways or crosswalks may be required by the commission to obtain satisfactory pedestrian access to public or private facilities such as, but not limited to, schools and parks.

2. Widths of public walkways shall be at least 12 feet and shall be in the nature of an easement for this purpose.

c. Easements.

1. Location of utility line easements shall be provided along the rear or side lot lines as necessary for utility lines. Easements shall give access to every lot, park or public grounds. Such easements shall be a total of not less than 12 feet wide, six feet from each parcel.

2. Recommendations on the proposed layout of telephone and electric company easements should be sought from all of the utility companies serving the area. It shall be the responsibility of the proprietor to submit copies of the preliminary plat to all appropriate public utility agencies.

3. Easements three feet in width shall be provided where needed along side lot lines so as to provide for street light dropouts. Prior to the approval of the final plat for a proposed subdivision, a statement shall be obtained from the appropriate public utility indicating that easements have been provided along specific lots. A notation shall be made on the final plat indicating: "The side lot lines between lots (indicating lot numbers) are subject to street light dropout rights granted to the (name of utility company)."

(3) Lots. Lots within subdivisions shall conform to the following standards:

a. Sizes and shapes.

1. The lot size, width, depth and shape in any subdivision proposed for residential uses shall be appropriate for the location and the type of development contemplated.

2. Lot areas and widths shall conform to at least the minimum requirements of the zoning ordinance for the district in which the subdivision is proposed.

3. Building setback lines shall conform to at least the minimum requirements of the zoning ordinance.

4. Corner lots in residential subdivisions shall be platted at least ten feet wider than the minimum width permitted by the zoning ordinance.

5. Excessive lot depth in relation to width shall be avoided. A depth-to-width ratio of three to one shall normally be considered a maximum.

6. Lots intended for purposes other than residential use shall be specifically designed for such purposes, and shall have adequate provision for off-street parking, setbacks and other requirements in accordance with the zoning ordinance.

b. Arrangement.

1. Every lot shall front or abut on a street.

2. Side lot lines shall be at right angles or radial to the street lines.

3. Residential lots abutting major thoroughfares or collector streets, where marginal access streets are not desirable or possible to attain, shall be platted with reverse frontage lots, or with side lot lines parallel to the major traffic streets, or shall be platted with extra depth to permit generous distances between building and such trafficway.

4. Lots shall have a front-to-front relationship across all streets where possible.

5. Where lots border upon bodies of water, the front yard may be designated as the waterfront side of such lot provided the lot has sufficient depth to provide adequate setback on the street side to maintain a setback for all structures equal to the front setback on the street side as well as on the waterfront side.

(4) Natural features. The natural features and character of lands must be preserved wherever possible. Due regard must be given to all natural features such as large trees, natural groves, watercourses and similar community assets that will add attractiveness and value to the property, if preserved. The preservation of drainage and natural stream channels must be considered by the proprietor and the dedication and provision of adequate barriers, where appropriate, shall be required.

(5) Floodplains. Any areas of land within the proposed subdivision which lie either wholly or in part within the floodplain of a river, stream, creek or lake, or any other areas which are subject to flooding or inundation by stormwater, shall require specific compliance with the land division act and its review by the state department of environmental quality.

(Code 1987, § 4-01.07)

20-26. Open space plan/planned unit development.

The following requirements apply in addition to all other requirements of this article where a preliminary plat (stage 1) is filed for approval under the subdivision open space plan section of the zoning ordinance.

(1) Statement of principles. Consideration by the commission and the governing body of proposed optional use of subdivision open space plan shall reflect the following basic principles:

a. Optional method of subdividing property. The subdivision open space section of the zoning ordinance provides an optional method of subdividing property, and approval of any subdivision open space plan is subject to the discretion of the governing body.

b. Major attention to benefits. Particular attention shall be given to the effect of a subdivision open space plan upon the immediate area, where the character of that area has been established by previous development. Major attention shall be given by the commission and the governing body to the benefits to be derived by the residents of the proposed subdivision and the township because of the subdivision open space plan with minor consideration to be given to the proprietor.

c. Objectives. The following objectives shall be governing the approval or disapproval of the proposed subdivision open space plan:

1. To provide a more desirable living environment by preserving the natural character of the terrain features.

2. To encourage developers to use a more creative approach in the development of residential areas.

3. To encourage a more efficient, aesthetic and desirable use of the land while recognizing a reduction in development costs and by allowing the developer to bypass natural obstacles.

4. To encourage the provision of open space so benefits may accrue directly to residents of the subdivision and to further encourage the development of recreational facilities.

(2) Application. The application for approval of subdivision open space plan shall contain the following in addition to the information required by other sections of this article:

a. Open land description. A complete description of the land proposed to be dedicated to the township or to the common use of lot owners (herein called open land) shall be provided, including the following as a minimum:

1. Legal description of open land.

2. Topographical survey of open land.

3. Type of soil in open land.

4. Description of natural features of open land (stands of trees or other vegetation, streams or other bodies of water, etc.).

b. Proposed plan of development. The proposed plan of development of the open land shall be contained in the application and shall include the following as a minimum:

1. The proposed manner in which the title to land and facilities is to be held by the owners of land in the subdivision.

2. The proposed manner of collection of maintenance costs, financing costs or assessments so that nonpayment will constitute a lien on the property, thus avoiding township responsibility in the future.

3. The proposed manner of regulating the use of the common facilities and areas so as to eliminate possible nuisances to other property owners and cause for enforcement by the governing unit.

4. The proposed method of notifying the township when any change is contemplated in plans that would affect the original specifications approved by the township.

5. The proposed method of setting up assessments to cover contingencies, insurance against casualty and liability and payment of taxes relating to these properties.

6. The proposed uses of open land and the proposed improvements which are to be constructed by the proprietor.

c. Statement of benefits. The application shall contain a statement of the benefits to be realized by the residents of the proposed subdivision and the township by approval of the proposed subdivision open space plan with particular reference to the objectives stated in the zoning ordinance.

(3) Preliminary approval.

a. Planning commission recommendation. If the commission is satisfied that the proposed subdivision open space plan meets the letter and spirit of the zoning ordinance and should be approved, it shall recommend such approval to the governing body with the conditions upon which such approval should be based.

b. Township board action. Thereafter, the governing body shall take action upon such application in accordance with section 20-22

c. Development contract. If the governing body gives approval to the proposed subdivision open space plan, it shall instruct the township attorney to prepare a contract setting forth the conditions upon which such approval is based, which contract, after approval by the governing body, shall be entered into between the township and the proprietor prior to the approval of any preliminary plat (stage 2) based upon the approved preliminary plat (stage 1).

(4) Rejection.

a. Planning commission. If the commission is not satisfied that the proposed subdivision open space plan meets the letter and spirit of the zoning ordinance or finds that the approval of said subdivision open space plan will be detrimental to existing development in the general area and should not be approved, it shall communicate such disapproval to the governing body with the reasons therefor.

b. Hearing before board. The proprietor shall be entitled to a hearing upon said proposal before the governing body upon written request therefor filed with the clerk.

(Code 1987, § 4-01.08)

20-27. Subdivision and project improvements.

Improvements shall be provided by the proprietor in accordance with the standards and requirements established in this section and/or any other such standards and requirements which may from time to time be established by ordinance or by published rules of the township.

(1) Minimum standards acceptable to board. The improvements set forth under this section are to be considered as the minimum acceptable standards. All those improvements for which standards are not specifically set forth shall have said standards set by ordinance or published rules of the governing body. All improvements must meet the approval of the governing body.

(2) Compliance standards.

a. Approvals. The approvals required under the provisions of this article shall be obtained prior to the installation of any subdivision or project improvements within the township.

b. Provisions and requirements. All subdivision or project improvements within the township installed on public streets, public alleys, public rights-of-way or public easements, and/or under the ultimate jurisdiction of the township shall comply with all of the provisions and requirements of this or any other related ordinance code provisions.

(3) Performance guarantee. Prior to the undertaking of any improvements, the proprietor shall deposit with the clerk cash, a certified check or irrevocable bank letter of credit running to the township, whichever the proprietor selects, to ensure faithful completion of all improvements within the time specified.

a. Deposit set by board. The amount of the deposit shall be set by the governing body based on an estimate by the engineer.

b. Completion deadline. All improvements shall be constructed and approved by the township within a length of time agreed upon from time of the date of approval of the final plat by the governing body.

c. Release of funds. The governing body shall release funds for the payment of work as it is completed and approved by the township.

(4) Maintenance bond. Prior to the acceptance by the township of improvements, a two-year maintenance bond in an amount set by the governing body shall be posted by the proprietor.

(5) Street/walkway improvement standards.

a. Streets. All streets and appurtenances thereto shall be constructed in accordance with details and specifications approved by the governing body.

1. Pavement materials. All pavements shall be concrete or deep strength asphalt pavement with curb and gutter on each side.

2. Pavement width standards.


Street type	Pavement width (measured from face of curb to face of curb)
Major thoroughfares	In conformance with the standards and specifications established by the governing body.
Collector streets	36 feet
Industrial service streets	40 feet
Multiple-family residential streets:
Dedicated streets	36 feet
Undedicated streets (asphaltic or concrete curb and gutter on each side)	31 feet
Minor residential streets	28 feet
Marginal access streets	24 feet
Turn-around (loop) streets	Not less than 80 feet diameter at terminating loop
Alleys	20 feet
Cul-de-sac streets - turn-arounds
Industrial	65-foot radius
Residential and other	45-foot radius

b. Sidewalks. In those instances (below) where no good purpose would be served by the provision of sidewalks, the governing body may waive this requirement.

1. Major thoroughfares. A five-foot-wide concrete sidewalk located one foot from the property line on the side or sides of the roadway abutting the subdivision shall be provided.

2. Collector streets. A five-foot-wide concrete sidewalk located one foot from the property line on each side of the roadway shall be provided.

3. Minor streets. A five-foot-wide concrete sidewalk located one foot from the property line on each side of the roadway shall be provided.

4. Marginal access streets. A five-foot-wide concrete sidewalk located one foot from the property line on the private property side of the roadway shall be provided.

c. Public walkways. The surface of the walkways shall be developed in concrete. Planting pockets shall be provided on public walkways for tree and shrub planting. The planting plan and surface treatment shall meet the approval of the commission. Fences and/or other improvements may also be required if the commission and/or governing body determines they are necessary to protect the adjacent property owners.

d. Trees. Existing trees near street rights-of-way shall be preserved by the proprietor. Street trees shall be provided at least one per lot, and shall be placed in the separation strip at such location as required by the commission.

e. Street name signs. Street name signs as approved by the county road commission shall be placed at all street intersections within or abutting the subdivision, and they shall be located as follows in order of preference of the proprietor:

1. Next to a stop sign.

2. At the northeast corner of the intersection.

3. At the southeast corner of the intersection.

(6) Utility improvement standards.

a. Sanitary sewer system. A sanitary sewer system including all appurtenances shall be required in all subdivisions which shall connect and outlet into a township sanitary sewer system.

b. Water supply system. A water supply system including appurtenances shall be required in all subdivisions which shall be connected to a township water supply system.

c. Storm drainage system. An adequate storm drainage system including necessary storm sewers, catchbasins, manholes, culverts, bridges and other appurtenances shall be required in all subdivisions.

d. Rear yard stormwater drainage. Adequate provision shall be made for proper drainage of stormwater runoff from residential rear yards. Each yard shall be self-contained and shall be drained from rear to front except where topography or other natural features require otherwise.

e. Provision for underground wiring. The proprietor shall make arrangements for all lines for telephone, electric, television and other similar services distributed by wire or cable to be placed underground entirely throughout a subdivided area, except for major thoroughfare rights-of-way, and such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways.

1. Criteria for overhead lines. Overhead lines may be permitted upon written recommendation of the engineer, planner, commission and the approval of the governing body at the time of final plat approval where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, plat design and character of the subdivision.

2. Planning and construction standards. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the state public service commission.

f. Easements. All drainage and underground utility installations which traverse privately owned property shall be protected by easements granted by the proprietor.

(Code 1987, § 4-01.09)

20-28. Fees.

Preliminary plat (stages 1 and 2) and final plat review fees, planning fees, engineering fees, attorney fees, inspection fees, water and sewer connection charges and other applicable development charges shall be paid by the proprietor as may be provided for as follows, by ordinance of the township, or by resolution of the governing body as a condition of final plat approval.

(1) Planning review. Fees shall be charged for the review of preliminary plats (stage 1) by the planner on the basis of the following schedule:

a. Conventional subdivision plats: $25.00 plus $0.50 per lot.

b. Subdivision open space plats: $100.00 plus $0.75 per lot.

c. Multiple-family residential plats: $50.00 plus $1.00 per dwelling unit.

There shall be no additional planner review fee charged for preliminary plats (stage 2) or final plats which are in substantial conformance to a previously approved preliminary plat (stage 1).

(2) Miscellaneous. Engineering review fees, inspection fees, administrative fees, water and sewer connection charges and other applicable development charges and others may be provided for by resolution.

(Code 1987, § 4-01.10)

State law reference— Municipal fees, MCL 560.246.

20-29. Lot division.

(a) Recorded plat. No lot in a recorded plat shall be divided into more than four parts and the resulting lots shall be not less in area than permitted by the township or county zoning ordinance. No building permit shall be issued or any building construction commenced until the division has been approved by the township board and the suitability of the land for building sites has been approved by the county or district health department.

(1) Application for approval required. The division of a lot in a recorded plat is prohibited, unless approved following application to the township board. The application shall be filed with the township clerk and shall state the reasons for the proposed division.

(2) Size exception. The division of a lot resulting in a smaller area than prescribed herein may be permitted but only for the purpose of adding to the existing building site. The application shall so state and shall be in affidavit form.

(b) Unplatted parcel. The division of an unplatted parcel of land into two, three or four lots involving the dedication of a new street shall require the approval of the township board prior to taking such action. All such applications shall be made in writing and shall be accompanied by a drawing of the proposed division. No building or occupancy permit shall be issued in such cases until the township board has approved the division of such land.

(Code 1987, § 4-01.11)

State law reference— Further division of lots, MCL 560.263.

20-30. Conflicts with existing regulations.

The provisions of these regulations shall be held to be the minimum requirements adopted for the promotion and preservation of public health, safety and general welfare of the township. These regulations are not intended to repeal, abrogate, annul or in any manner interfere with existing regulations or laws of the township nor conflict with any statutes of the state or the county, except that these regulations shall prevail in cases where these regulations impose a greater restriction than is provided by existing statutes, laws or regulations.

(Code 1987, § 4-01.12)

20-31. Variance.

(a) Hardship. The governing body may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the governing body shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required herein below, the governing body 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 variance shall be granted unless the governing body finds:

(1) That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of his land.

(2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

(3) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.

(b) Complete neighborhood plan.

(1) Conditions. The governing body may authorize a variance from these regulations in case of a plan for a complete community or neighborhood where such development is permitted by the zoning ordinance and which, in the judgment of the governing body, and after a recommendation is had from the commission, provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs. In making its findings, as required herein, the governing body shall take into account the nature of the proposed use of 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 development upon traffic conditions in the vicinity. The governing body shall find that:

a. There is adequate acreage and population in the proposed plan so as to support at least one elementary school.

b. The standards and requirements of the zoning ordinance of the township are met.

c. The planning commission has reviewed the plan and recommends its approval as having met the standards and intent of the master plan of land use as it relates to facility needs.

d. In granting the variance, it shall be valid only as long as the plan for the complete neighborhood is carried out as approved. Any departure from the plan shall immediately rescind any variance granted.

e. The governing body shall establish a time schedule to be met on the various aspects of the complete neighborhood plan.

(2) Application. Application for any such variance shall be submitted in writing by the proprietor at the time the preliminary plat (stage 1) is filed, stating fully and clearly all facts relied upon by the proprietor and shall be supplemented with maps, plans or other additional data which may aid in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.

(Code 1987, § 4-01.13)