ELK RAPIDS TOWNSHIP
ANTRIM
COUNTY, MICHIGAN
SUBDIVISION
CONTROL ORDINANCE
An ordinance to regulate the Subdivision of Land in Elk Rapids Township, Antrim County, Michigan; to require and establish minimum standards which must be met or guaranteed by the subdivider, to set forth a procedure to be followed by the Township in applying regulations and standards, and to prescribe penalties for the violation of the provisions of this ordinance. The Township of Elk Rapids, Antrim County, Michigan ordains:
Section 1 - TITLE
This ordinance shall be known as "The Elk Rapids Township Subdivision Control Ordinance".
Section 2 - PURPOSE
The purpose of this ordinance is to regulate and control the subdivision of land within the Township in order to promote the public safety, health and general welfare.
Section 3 - WELFARE
This ordinance is enacted pursuant to the authority granted by the Subdivision Control Act of 1967, Public Act 288 of 1967, as amended and Public Act 246 1945, as amended, which authorizes township boards to adopt ordinances, to secure the public health, safety and general welfare.
Section 4 - OPTIONAL SKETCH PLAN REVIEW
Preliminary sketches of proposed site and development plans may be submitted for review to the Planning Commission prior to preliminary approval. The purpose of such procedure is to allow discussion between developer and the Planning Commission to better inform the developer of the acceptability of his/her proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan approval. Such three (3) copies of sketch plan shall include as a minimum the following:
A. The name and address of the owner and applicant or developer, including the names of any officers of a corporation or partners of a partnership.
B. A legal description of the property and the tax number for each parcel thereof.
C. Sketch plans showing tentative site and development plans.
The Planning Commission shall not be bound by any tentative approval given at this time.
Subdivision Control Ordinance
Section 5 - SUBMISSION OF PRELIMINARY PLAT FOR TENTATIVE APPROVAL
Every person, firm or corporation which shall hereafter submit a proposed preliminary plat to the Township Planning Commission for tentative approval shall submit ten (10) legible copies of said proposed preliminary plat. Said copies must contain, as a minimum, the following information and fees:
A. Show relief of area proposed to be platted with not more than two (2) foot contour intervals.
B. Indicate road layout and centerline road elevations within two (2) feet.
C. Indicate lot layout, showing size and shape of proposed lots.
D. Indicate whether proposed plat will be served by sanitary sewer and/or water.
E. Indicate the general location and size of any flood plains possibly located within the area to be platted.
F. Indicate in general, the methods proposed for storm water disposal.
G. Proof of ownership.
H. When the proprietor owns or plans to acquire and anticipates platting adjoining land, he shall submit, with the preliminary plat for tentative approval, a tentative plan showing the feasibility of the development of such adjoining land.
I. Fees to accompany preliminary plat for tentative approval as established in the Township Fee Resolution Schedule.
Section 6 - TOWNSHIP PLANNING COMMISSION REVIEW - PRELIMINARY PLAT FOR TENTATIVE APPROVAL
Upon receipt of copies of said proposed plat for tentative approval, the Planning Commission shall forward one copy each to the Township Board, County Planning Commission, Local Soil Conservation District, Health Department, Local Fire and Police Chiefs and/or the State Highway Department where applicable for recommendations and shall examine said proposed preliminary plat with such assistance and review by the Township Planning Commission, Staff, Township Planner and Township Attorney as the Township Board shall require. The Township Planning Commission shall determine whether said proposed preliminary plat complies with all Township ordinances and State statutes as well as makes an adequate provision of the following:
Subdivision Control Ordinance
A. STREETS
1. Compliance with a major street thoroughfare plan adopted by the Township, if any.
2. The arrangement of streets shall provide for a continuation of existing streets from adjoining areas into the new subdivision.
3. Where adjoining areas are not subdivided, the arrangement of streets in the proposed subdivision shall be extended to the boundary line of the tract to make provision for the future projection of streets into adjoining areas; provided, however, that minor streets within the subdivision shall be so laid out that their use by through traffic will be discouraged.
4. Where the proposed subdivision abuts or contains a county primary road and major thoroughfare as defined in the Township major thoroughfare plan, the Planning Commission may require marginal access streets approximately parallel to the right-of-way of the primary road or major thoroughfare and may require such other treatment as is deemed necessary for the adequate protection of residential properties and to afford separation of through and local traffic.
5. Private streets may be recommended by the Planning Commission if the Planning Commission finds that private streets within the plat will not adversely affect public health, safety or welfare.
6. All new streets shall be named as follows: Streets with predominant North-South direction shall be named, "Street"; streets with predominant East-West direction shall be named "Avenue"; meandering streets shall be named "Drive", "Lane", "Path", "Road" or "Trail", etc., and cul-de-sacs shall be named "Circle", "Court", "Way" or "Place", etc.
7. Streets should intersect at 90 degrees or closely thereto and in no case less than 80 degrees.
8. Where the proposed continuation of a street at an intersection is not in alignment with the existing street, it must not intersect such cross street closer than 175 feet from such opposite existing street, as measured from the centerline of said street.
9. The maximum length allowed for residential blocks shall be 1,000 feet.
10. All primary road right-of-ways, as designated by the Planning Commission, within or abutting plats hereafter recorded, shall provide a 50 foot half-width. All other rights-of-way within or abutting such plats be shall not less than 66 feet in width. Permanent dead-end streets in excess of 660 feet in length shall be prohibited except upon prior approval of the Planning Commission, to be granted only where the topography of the area, rivers, streams, other natural conditions or the prior development of the area prevents a through street from being constructed.
11. A subdivision or extension of an existing subdivision creating a total of 50 or more lots must be developed so as to provide two or more access streets.
B. LOTS
1. All lot requirements of the R-1 or R-2 Elk Rapids Township Zoning Ordinance shall apply.
2. Corner lots shall have extra width to permit appropriate front yard building setback from both streets.
C. GENERAL PROVISIONS
1. Privately-held reserve strips controlling access to streets shall be prohibited.
2. Existing natural features which add value to residential development, that enhance the attractiveness of the community (such as streams, water courses, historic spots and similar irreplaceable assets) should be preserved insofar as possible in the design of the subdivision.
3. Lands subject to flooding or otherwise determined by the Planning Commission to be uninhabitable should not be platted for residential, commercial or industrial purposes. Such lands within a subdivision may be set aside for other purposes such as parks and/or open spaces.
If the Planning Commission determines that the proposed preliminary plat complies with all applicable ordinance and statutes and the provisions set forth above, it shall recommend to the Township Board the granting of tentative approval of the preliminary plat, which approval shall confer upon the proprietor for a period of one (1) year from date of approval, lot size, lot orientation and street layout. Such tentative approval may be extended in the discretion of the Township Board upon application of the proprietor.
Section 7 - SUBMISSION OF PRELIMINARY PLAT FOR FINAL APPROVAL
Every person, firm or corporation which shall hereafter submit copies of a proposed preliminary plat to the Township Board for final approval shall submit the following relevant data and fees:
Subdivision Control Ordinance
A. Evidence that all requirements imposed by the Township Planning Commission and the Township Board at the time of granting tentative approval have been incorporated into the proposed plan.
B. Detailed working drawings showing grades, drainage structures, proposed utilities and road construction plans for public and/or private roads within and adjoining said plat. Prior to submitting copies of the preliminary plat to the Township Board for final approval, the developer shall document consultation with all public utilities which will be servicing the subdivision to resolve any conflicts in location between public utility facilities and other improvements.
C. Fees to accompany preliminary plat for final approval as established in the Township Fee Resolution Schedule.
Section 8 - PLANNING COMMISSION REVIEW - PRELIMINARY PLAT - TOWNSHIP BOARD FINAL APPROVAL.
Upon receipt of all required copies of the preliminary plat for final approval, the Planning Commission shall examine the same with such assistance and review as the Township Consultant and Township Board may request. Upon completing its review, the Planning Commission shall determine whether said proposed preliminary plat complies with the requirements imposed by the Planning Commission and the Township Board at the time of tentative approval; has obtained the required statutory approval of other governmental agencies and in addition, meets the following requirements:
A. All road grades shall be per the standards and specification of the Antrim County Road Commission.
B. All grades shall be per the standards and specifications of the Antrim County Road Commission.
C. All road right-of-ways within or abutting such plat shall be constructed per the standards and specifications of the Antrim County Road Commission.
D. All rights-of-way shall be per the standards and specifications of the Antrim County Road Commission. Tree and obstruction removal may be varied or adjusted by the Planning Commission upon recommendation of the Zoning Administrator where valuable trees or obstacles are involved and as long as drainage and safety will not be impaired.
E. Permanent dead-end streets shall be provided as per the standards and specification of the Antrim County Road Commission. Temporary dead-end streets shall be provided per the standards and specifications of the Antrim County Road Commission.
F. All surface water shall be adequately drained within each plat by a separate system of drainage structures or through the connection of such separate system to an adequate adjoining system. Where storm sewers are used, inlet basins must not be spaced further apart than 300 feet except upon express approval of the Planning Commission, upon recommendation of the Township Consultant, to be granted only where other equivalent and sufficient drainage inlets are provided. Where such outlets are not thus available, such drainage structures may consist of leaching basins so spaced that water shall not be required to run on the surface of the road further than 250 feet to such basin, or so spaced as to afford equivalent and sufficient. The determination of what is equivalent and sufficient drainage shall be left to the Planning Commission upon the recommendation of the Township Consultant.
G. Connection to sanitary sewers and/or water mains may be required by the Planning Commission when the Planning Commission determines, in its discretion, that said sewers and/or water mains are reasonably available to the proposed subdivision.
H. In the discretion of the Planning Commission, the proprietor shall make arrangements for all distribution lines for telephone, electric, television and other similar services distributed by wire or cable to be placed underground entirely through the residential subdivided area. Electric distribution lines shall be defined in accordance with the rules and regulations promulgated by the Michigan Public Service Commission. Such conduits or cables shall be placed within private easements provided to such service companies by the proprietor or within dedicated public ways. 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 Michigan Public Service Commission. Private easements for underground utilities shall be shown on the preliminary plat.
I. Storm water disposal methods proposed for the subdivision must be adequate to insure each building site and roadway will not be flooded and that all necessary easements for storm sewers or open drains can feasibly be dedicated to the public for such purposes.
J. No land within the subdivision may be isolated from a public highway nor may any adjoining land of the proprietor or others be isolated from a public thoroughfare thereby creating land-locked parcels.
K. Street lighting may be required by the Township Planning Commission when said commission determines that street lighting is necessary for public, health, safety and welfare.
L. Sidewalks may be required by the Township Planning Commission when the commission determines, in its opinion, that sidewalks are necessary for pedestrian safety, public health, and welfare. When required, sidewalks shall be constructed of concrete, four feet in width, four inches in depth, upon a two inch minimum sand base with expansion joints set at a minimum of 50 feet; sidewalks built across driveways shall be constructed of concrete, six inches in depth.
If the Township Planning Commission determines that the preliminary plat has obtained the required statutory approval of other governmental agencies and complies with the requirements set forth above in this Ordinance, the Township Planning Commission shall make a recommendation to the Township Board for final approval of the preliminary plat which shall confer upon the proprietor for a period of one (1) year from date of approval the conditional right that the general terms and conditions under which said approval was granted will not be changed. Said one year period may be extended in the discretion of the Township Board upon application by the proprietor.
SECTION 9: SUBMISSION OF FINAL PLAT FOR FINAL APPROVAL
Every person, firm or corporation which shall hereafter submit a proposed final plat to the Township Board for final approval shall also submit the following relevant data and fees:
A. An abstract of title or title insurance policy showing merchantable title in the proprietor of the subdivision.
B. A fee to accompany final plat for final approval as provided in the Township Fee Resolution Schedule.
SECTION 10: REVIEW BY THE TOWNSHIP BOARD - FINAL PLAT - FINAL APPROVAL
The Township Board shall review the proposed final plat and determine that:
A. All monuments required to be placed in the subdivision have either been placed or a cash or equivalent deposit has been made with the Township and deposit agreement executed by the proprietors.
B. All roads, streets, bridges and culverts have been completed and installed or a cash or equivalent deposit has been made with the Township and a deposit agreement executed by the proprietors.
C. If the subdivision has any waterways or lagoons, etc., as set forth in Section 188 of the Michigan Subdivision Control Act, that all such waterways, etc., shall be installed or a cash or equivalent deposit made to the Township and a deposit agreement executed by the proprietors.
D. If any flood plains are involved in the proposed subdivision, then such flood plains shall be restricted as provided by in the Michigan Subdivision Control Act and such restrictions shall be submitted to the Township board for review and approval prior to recording and thereafter shall be recorded in the office of the Register of Deeds contemporaneously with the recording of the plat.
E. All utilities serving the plat have been installed and water and sanitary sewer mains have been stubbed to the lot line or a cash or equivalent deposit has been made with the Township Board sufficient in amount to insure completion thereof within the time specified and a deposit agreement executed by the proprietors.
F. All underground utility installations, including lines for street lighting systems, which traverse privately owned property shall be protected by easements granted by the proprietor and approved by the public utility. These easements shall be recorded on the final plat as private easements for public utilities or easements provided by separate instrument. Easement across lots or centered on rear or side lot lines provided for each lot or parcel, except side lot easements three feet wide granted for street lighting drop-outs. These easements should be direct and continuous from block to block.
G. All public improvements such as street lights, fire hydrants, sidewalks. parks, etc., which have been required by the Township Planning Commission and/or the Township board, have been completed and installed or a cash or equivalent deposit has been made with the Township sufficient in amount to insure completion within the time specified and a deposit agreement executed by the proprietors.
H. The proposed final plat complies with all applicable State statutes and Township ordinances and has received the requisite statutory approval of other governmental agencies.
I. That the dedication is executed by all required owners.
SECTION 11: PENALTY IN CASE OF FAILURE TO COMPLETE THE CONSTRUCTION OF A PUBLIC IMPROVEMENT
In the event the subdivider shall, in any case, fail to complete such work within such period of time as required by the conditions of the guarantee for the completion of public improvements, it shall be the responsibility of the Township board to proceed to have such work completed. In order to accomplish this, the Township board shall reimburse itself for the cost and expense thereof by appropriating the security deposit which the subdivider has deposited with the Township or it may take such steps as may be necessary to require performance in accordance with the deposit agreement executed by the proprietors.
SECTION 12: SUBDIVISION LOT DIVISION
After a subdivision has been recorded, platted lots may thereafter be partitioned or divided with the approval of the Township board into not more than four parts, provided that the resulting lots or parcels or combinations or portions of two or more divided lots shall not be less in width or size than the more restrictive of this Ordinance, the Township Zoning or the State Subdivision Control Act of 1967, and provided further that such resulting lots shall each have direct access to a public roadway or private roadway constructed to the standards of this Ordinance, and also to public utilities necessary or required to service such lot, and provided further, that all such resulting lots shall conform in all particulars to the requirements of the Michigan Subdivision Control Act of 1967 and all Township Ordinances.
SECTION 13: VARIANCE PROCEDURE
Where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this Ordinance, the Township board shall have power in passing upon proposed subdivisions to vary or modify minor terms and provisions of this Ordinance so that the spirit of the Ordinance shall be observed and public health, safety and welfare secured.
SECTION 14: ENFORCEMENT AND PENALTIES FOR FAILURE TO COMPLY WITH THIS ORDINANCE
Violation of any of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more that $500.00 or imprisoned for not more than 90 days or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Township board from taking such lawful action as is necessary to restrain or prevent any violations of this Ordinance or the Michigan Subdivision Control Act.
Approved By Elk Rapids Township Planning Commission - 8/5/91
Public Hearing - 9/91
Sent to Antrim County Planning September 1991
Ready for Township Board approval 10/15/91