byron twp sub. regs.

TABLE OF CONTENTS

Page

ARTICLE I - TITLE AND PURPOSE

1.1 Short Title 1

1.2 Interpretation 1

1.3 Purpose 1

1.4 Applicability 2

ARTICLE II - DEFINITIONS

2.1 Definitions 3

ARTICLE III - UTILITY EXTENSIONS

3.1 Service Areas 5

3.2 Utility Extensions 5

3.3 Utility Service Requests 6

3.4 Utility Charges 6

ARTICLE IV - PROCEDURES

4.1 Approvals 7

4.2 Preplat Discussion 7

4.3 Preliminary Plats 8

4.4 Preliminary Plat Requirements 8

4.5 Submission of Preliminary Plats 8

4.6 Planning Commission Review 9

4.7 Township Board Step I Review, Preliminary Plat 9

4.8 Township Board Step II Review, Preliminary Plat 10

4.9 Final Plat Approval 12

4.10 Buildings and Sales 13

4.11 Outlots 13

4.12 Lot Splits 13

ARTICLE V - PLAT DETAILS

5.1 Preliminary Plat 15

5.2 Final Plat 17

TABLE OF CONTENTS

(Cont'd)

Page

ARTICLE VI - LOT SIZES

6.1 Density-Utility Relationships 19

6.2 Complete Utility and Partial Utility Subdivisions 19

6.3 Rezoning When Utilities are Provided 19

ARTICLE VII - REQUIRED IMPROVEMENTS IN SUBDIVISIONS

7.1 Complete Utility Subdivisions 21

7.2 Variations in Subdivisions 23

7.3 Cost Distribution of Oversized Improvements 23

ARTICLE VIII - GENERAL PROVISIONS FOR ALL SUBDIVISIONS

8.1 Master Plan 25

8.2 Streets 25

8.3 Lots 26

8.4 Block Lengths 26

8.5 Public Easements 26

8.6 Business and Industrial Subdivisions 27

8.7 Performance Guarantees 27

8.8 Law 27

8.9 Inspection and Specifications 27

ARTICLE IX - GROUNDS AND PROCEDURE FOR A VARIANCE

9.1 Grounds for a Variance 29

9.2 Procedure for a Variance 29

ARTICLE X - VALIDITY, ADMINISTRATION AND ENFORCEMENT

10.1 Administration 31

10.2 Validity 31

10.3 Enforcement 31

10.4 Effective Date 32

LAND SUBDIVISION AND UTILITY EXTENSION ORDINANCE

Port Sheldon Township, Ottawa County, Michigan, does ordain as follows:

ARTICLE I

TITLE AND PURPOSE

1.1 SHORT TITLE. This Ordinance shall be known as the "Land Subdivision and Utility Extension Ordinance" of the Township of Port Sheldon.

1.2 INTERPRETATION. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements adopted for the promotion of public health, safety, convenience and general welfare. It shall be administered to insure orderly growth and development, to protect and conserve land and natural features, and adequately provide for streets, utilities and other land improvements in the Township.

1.3 PURPOSE. This Ordinance is adopted to regulate the subdivision of land to accomplish the following purposes:

(1) To carry out the purpose and intent of the Land Division Act, PA 591 of 1996, as amended.

(2) To further the orderly layout and development of the Township.

(3) To provide for and regulate the economical provision or extension of utility services, streets and other necessary land improvements.

(4) To require that land be suitable and suitably improved for building sites.

(5) To provide for adequate drainage.

(6) To prevent the premature development of land; to provide for proper ingress and egress to lots.

(7) To promote proper surveying, monuments and legal descriptions.

(8) To provide for safe and convenient traffic circulation and traffic movement.

(9) To insure against the creation of unsafe or undesirable conditions.

(10) To conserve the value of property.

(11) To regulate the density of development in relation to utility services for the protection of the public health.

(12) To conserve energy and natural features.

(13) To carry out the purpose and intent of the Township Master Plan and Zoning Ordinance.

(14) To establish rules and procedures for the process of subdivision under said act.

(15) To provide for the adoption of improvement standards.

(16) To provide penalties for the violation of this Ordinance.

(17) To provide for the variation of these rules and requirements.

1.4 APPLICABILITY. This Ordinance shall not apply to land divisions resulting in parcels or lots which are more than ten (10) acres in area.

ARTICLE II

DEFINITIONS

2.1 DEFINITIONS. For the purposes of this Ordinance, terms shall be defined as set forth in the Land Division Act of 1996 and as defined herein:

(1) Board: The Port Sheldon Township Board.

(2) Commission: The Port Sheldon Township Planning Commission.

(3) Lot Split:

(a) The combination of existing lots in a recorded plat into one (1) parcel.

(b) The alteration of an existing lot line in a recorded plat which does not change the number of lots.

The term "lot split" shall not include the creation of new parcels of more than ten (10) acres, or the creation of parcels defined as a subdivision.

(4) Outlot: A lot in a recorded plat which is set aside for purposes other than a building site, park or other land dedicated to public use or reserved to private use.

(5) Plat: A map or chart of a subdivision of land.

(a) Preliminary Plat: A map showing the salient features of a proposed subdivision to an approving authority for the purposes of preliminary consideration and approval.

(b) Final Plat: A map and accompanying material showing or explaining the salient features of a proposed subdivision to an approving authority for the purposes of final consideration and approval.

(6) Proprietor: 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.

(7) Street:

(a) Major Arterial Street/Road: A street/road designated as such on the Master Plan, as amended, and the Ottawa County Road Commission intended to serve high volume traffic movements across the Township.

(b) Minor Arterial Street/Road: A local street/road intended primarily to serve adjacent neighborhood properties and designated by the Ottawa County Road Commission as a county local road.

(c) Secondary Street: A street designated by the Planning Commission to serve moderate volume traffic within a subdivision.

(8) Subdivision or Subdivide: The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her 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, PA 591 of 1996, as amended, sections 108 and 109. Subdivide or subdivision does not include a property transfer between two of 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 the Township Zoning Ordianance.

(9) Land Division Act: Public Act No. 591 of 1996, as amended.

(10) Township: Port Sheldon Township, Ottawa County, Michigan.

ARTICLE III

UTILITY EXTENSIONS

3.1 SERVICE AREAS. All plats that are approved must be serviced by public sanitary sewers and public water or private community sanitary sewer. All lots within a plat that is approved must have within the public road or street adjacent to each such lot a sanitary sewer line and water line which shall run to the lot line of each such lot. The size and specifications of such sanitary sewer lines and water lines shall be as specified by the Township and consistent and compatible with the system to which it is connected.

3.2 UTILITY EXTENSIONS. Public water and sanitary sewer utilities may be extended under any of the following methods:

(1) By petition to the Township Board by the owners of a majority of the area to be served by the extension.

(a) Upon receipt of the petition, the Township Board shall hold a hearing of necessity for the purpose of determining the need and desirability of the extension.

(b) If it is determined to proceed with the extension, the Township Board shall cause an assessment roll to be prepared to allow the cost of the extension and shall hold a public meeting to confirm the roll. The assessment roll shall thereafter be deemed active, with a set schedule of payments established.

(2) By extension without petition. When the Township Board determines that an extension of a utility is necessary or desirable, but has not received a petition as noted above, it may cause or permit the utility to be extended with or without an active assessment roll, provided a suitable means of financing the extension is first established. Cost of the extension may be covered by any one or more of the following methods:

(a) Establishment of an active assessment roll.

(b) Establishment of a deferred assessment roll.

(d) Payment by a single interested party - with or without a "payback" agreement.

(e) Establishment of trunkage charges or other charges to be collected as properties are connected to the utility.

(f) By utility service charges.

(g) By construction as part of an approved subdivision or property expansion.

(h) By other means deemed desirable and adequate.

3.3 UTILITY SERVICE REQUESTS. Where utility services have been placed in public streets or public easements adjacent to a parcel, requests to connect to the utility shall be made to a representative of the Township designated by the Township Board. A connection permit shall be granted after all applicable charges, fees, assessments, agreements, or other arrangements have been paid or established as determined by the designated representative.

3.4 UTILITY CHARGES. The Township Board shall establish service charges adequate to pay the operational costs of a utility system and, if deemed desirable, to also pay for a portion of the capital investment, including depreciation charges. The service charges may be altered from time to time by the Township Board as deemed necessary to meet these obligations.

ARTICLE IV

PROCEDURES

4.1 APPROVALS. The following procedure must be completed in order for a subdivision to receive approval by the Township:

(1) Preliminary Plat approval by the Planning Commission.

(2) Preliminary Plat approval by the Township Board - Step I.

(3) Preliminary Plat approval by the Township Board - Step II.

(4) Final Plat approval by the Township Board.

Although not required, a proprietor is encouraged to undertake preplat discussions with the Planning Commission.

4.2 PREPLAT DISCUSSION. Prior to the preparation of a preliminary plat, there should take place a preplat discussion meeting between the proprietor and the Planning Commission. The purpose of this meeting is to inform the Planning Commission of a proprietor's intent to initiate a subdivision. On or before this meeting, the proprietor should submit the following to the Commission:

(1) Several copies of a sketch, to scale, indicating the general location and configuration of the property to be subdivided; the alignment of streets and lots; and the relationship of the proposed plat to adjacent streets and neighboring properties.

(2) A statement indicating how sanitary sewer and water service will be extended.

During the preplat discussion meeting, it shall be the responsibility of the Planning Commission, insofar as information is available to it, to inform the proprietor about the following:

(3) General requirements of this Ordinance and the Zoning Ordinance.

(4) Planned or anticipated sites of parks and recreation areas and other public uses.

(5) Utility system capabilities.

(6) Planned or anticipated public improvements, including streets, utility extensions and the like.

(7) Major street plans and potential problems relative to the natural features of the area including, but not limited to, flood plains, soil conditions, topography, and ground water tables.

(8) Additional information which will assist the proprietor in proceeding in a reasonable and sound manner toward Final Plat approval.

Preplat discussions are intended for information purposes only and do not constitute binding commitments on the part of the Township. Neither do they imply tentative approval of any subsequent preliminary plat. Furthermore, such discussions shall not carry the authority to proceed with construction or to sell or transfer property.

4.3 PRELIMINARY PLATS. The Preliminary Plat approval procedure is intended to assure the Township that the proprietor is proceeding toward a Final Plat which will conform to all applicable regulations and be acceptable to the Township and other approving agencies. Approval of the Preliminary Plat by the Township shall no