§ 18-62. Subdivisions prepared under the plat act.

The preparation of a subdivision for platting under the regulations of the land division act may be preceded by an initial plat investigation and shall go through two phases: preliminary plat and final plat, all in accordance with the procedure as follows:

(1)

Filing.

a.

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

b.

The preliminary plat shall be prepared in accordance with section 111 of the land division act (MCL 560.111) and in accordance with the requirements of this article. It shall not be necessary that initial submissions be prepared and sealed by a surveyor, provided that properly sealed copies of the preliminary plat are filed with the clerk prior to the grant of tentative approval by the village.

c.

The clerk shall receive and check for completeness the preliminary plat as required under section 18-81. Should any of the data required in section 18-81 be omitted, the clerk shall notify the proprietor of the additional data required. If and when complete and basically in conformance with applicable municipal requirements, the clerk shall place the proposal on the agenda of the next regular planning commission meeting, which meeting shall be considered as the filing date of the preliminary plat and at which meeting the proprietor will be scheduled to appear. The planning commission shall act on the preliminary plat within 60 days after the date of filing unless the proprietor agrees to an extension of time in writing.

d.

The clerk may transmit a copy of the preliminary plat to the village planner and the village engineer for technical review and recommendation.

(2)

Preliminary plat review by planning commission.

a.

The planning commission shall review all details of the proposed subdivision within the framework of chapter 46, zoning, within the various elements of the master plan, and within the standards of this article.

b.

For plats utilizing the subdivision open space option, the planning commission shall review and render an opinion upon the proposed subdivision open space plan from the materials furnished, and such other information as deemed necessary, and render an opinion with respect to the following:

1.

The suitability of the proposed open land for purposes proposed.

2.

The location and layout of the open spaces with relation to the lots within the subdivision.

3.

The effect upon neighboring areas which would result by the subdivision open space plan and the appropriateness of the development of the lot sizes proposed under the subdivision open space plan in the particular area involved.

4.

The plan would not require undue changing of the natural grade.

5.

Any other factor related to the development and proper design of the proposed subdivision.

c.

For plats utilizing the subdivision open space option, the village attorney shall review the proposal for the subdivision open space plan option and render an opinion with respect to the following:

1.

The proposed manner of holding title to the open land.

2.

The proposed manner of payment of taxes.

3.

The proposed method of regulating the use of the open land.

4.

The proposed method of maintenance of property and financing thereof.

5.

Any other factor related to the legal or practical problems of ownership, use and maintenance of the open land.

d.

Not less than five days' notice shall be sent, by regular mail, to all persons to whom real property is assessed that is immediately adjoining the area to be platted, of the time and place at which the plan will be considered.

e.

The planning commission shall approve or reject the preliminary plat as follows:

1.

Should the approval be a conditional approval, such conditions shall be met to the satisfaction of the planning commission within the time set by the planning commission or the plat shall be rejected.

2.

Should the planning commission reject the preliminary plat, it shall record the reasons for rejection and requirements for tentative approval in its minutes. Copies of the minutes shall be sent to the proprietor and filed in the office of the clerk.

3.

Should the planning commission find that all conditions have been satisfactorily met and the preliminary plat conforms to the land division act and this article, the planning commission shall give tentative approval to the preliminary plat. The chair shall make a notation to that effect on each copy of the preliminary plat and distribute copies of such plat as follows:

i.

Return one copy to the proprietor;

ii.

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

iii.

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

iv.

File the remaining copies in the office of the clerk.

f.

The action of the planning commission shall become the action of the village council unless the village council shall request a hearing or unless, within 30 days after planning commission action on the preliminary plat, the proprietor files with the clerk a written request for a hearing before the village council.

g.

If a request for a hearing is made by the village council or by the proprietor, the preliminary plat shall be placed on the agenda of the next regularly scheduled village council meeting occurring not less than ten nor more than 30 days after the planning commission action. The village council may approve, modify, or reject the action of the planning commission. The proprietor shall be required to attend such hearing.

h.

Tentative approval of the preliminary plat shall confer upon the proprietor the rights granted by section 112 of the land division act (MCL 560.112).

(3)

Final approval of preliminary plat. The procedure for the preparation and review of a preliminary plat for final approval under section 120 of the land division act (MCL 560.120) is as follows:

a.

The proprietor shall file a valid preliminary plat with the clerk together with a list certifying all the 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.

The village council shall take action on the preliminary plat at its first regularly scheduled council meeting following the submission of the plat or within 20 days of the submission of all necessary approved plats.

c.

If the preliminary plat conforms substantially to the tentatively approved preliminary plat and meets all conditions laid down for tentative approval, and conforms with all applicable village ordinances and standards, the village council shall give final approval to the preliminary plat.

d.

For plats utilizing the subdivision open space option, if the village council gives final approval to the proposed subdivision open space plan and if the common open space is to be dedicated to the lot owners, it shall instruct the village attorney to prepare an agreement setting forth the conditions upon which such approval is based, which agreement, after approval thereof by the council, shall be entered into between the village and the proprietor or developer prior to the approval of the final plat based upon the approved preliminary plat.

e.

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

f.

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 village council in writing.

g.

No installation or construction of any improvement shall be made before the preliminary plat has received final approval of the village council, engineering plans have been approved by the village engineer, and any deposits required under division 5 of this article, improvements, have been received by the village.

(4)

Final plat review and approval.

a.

Five copies on an approved polyester film 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 village may require in this section or by other ordinances.

b.

For plats utilizing the subdivision open space option at the time of application for final plat approval, the proprietor shall deposit cash, certified check, or irrevocable bank letter of credit in the amount of the estimated cost of the proposed improvements to the open land guaranteeing the completion of such improvements within a time agreed upon between the council and the proprietor.

c.

The final plat shall,be reviewed by the village engineer as to compliance with the approved preliminary plat and plans for utilities and other improvements.

d.

The village engineer shall forward a recommendation for either approval or rejection of the final plat to the village council.

e.

The village council shall review all recommendations and take action on the final plat at its next regularly scheduled meeting or within 20 days of its date of filing.

f.

Upon the approval of the final plat by the village council, the subsequent approvals shall follow the procedure set forth in the land division 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 polyester film copies shall be forwarded to the clerk of the county plat board.

g.

If the village council rejects the plat, the clerk shall set forth the reasons for rejection in the minutes of the meeting and shall return the plat to the proprietor.

(Ord. No. 131, art. III, § 301, 1-26-1993)