Charter Township of Oakland, MI
Oakland County
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[Amended 11-14-1989 by Ord. No. 57; 6-28-2005 by Ord. No. 14-2005]
A. 
Preapplication conference. The proprietor shall contact the Superintendent to request a preapplication conference, to provide guidance for the preparation of a subdivision preliminary plat that will be compatible with Township procedures and standards, and the impact of the proposed development. Provided that if the preapplication meeting pursuant to MCLA § 560.111(3) is requested in writing by the proprietor, a separate meeting with the Township need not be held. Such preapplication meeting shall be attended on behalf of the Township by the Township Superintendent or his designee, and shall take place within 30 days of receipt of the written request of the proprietor.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Responsibility of proprietor.
(1) 
The proprietor shall secure a copy of the Zoning Ordinance, comprehensive development regulation plan, subdivision regulations, engineering specifications, environmental impact statement guide, the community infrastructure map, stormwater management plan, and other similar ordinances or controls relative to the subdivision improvements of land so as to make himself aware of the requirements of the Township.
(2) 
The area for the proposed subdivision shall be properly zoned for the intended use.
(3) 
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.
(4) 
The relationship of the proposed subdivision with respect to major thoroughfares and plans for widening of thoroughfares shall be investigated by the proprietor.
(5) 
Standards for sewage disposal, water supply and drainage of the Township shall be investigated by the proprietor.
(6) 
Review the Land Division Act, and the requirements of those state and county agencies which are required by said public act to review and approve the plat.
[Amended 11-14-1989 by Ord. No. 57; 6-28-2005 by Ord. No. 14-2005]
A. 
Filing.
(1) 
Ten copies of the completed subdivision plat review application form, plus an electronic copy of same, shall be filled out and filed with the Clerk.
(2) 
The proprietor shall pay all plat review fees and escrow deposits as specified in § 250-7.
(3) 
Certified copy of deed or land contract evidencing recording thereof and/or a title insurance policy reflecting ownership of proprietor shall be filed with the Township Clerk. In the event the proprietor is not the owner in fee simple absolute, then and in such event he shall provide the written consent of such owner in such form as may be properly recorded with the County Register of Deeds.
(4) 
All names, addresses and phone numbers of those concerned with ownership of the property shall be filed with the Clerk.
(5) 
One copy of the preliminary plat with all of the required information shall be filed with the Clerk. Additional copies shall be mailed by the proprietor to the mailing list provided by the Clerk along with a copy of a Township cover letter.
B. 
Plat preparation and contents.
(1) 
The preliminary plat shall be designed and drawn by a registered civil engineer or a registered land surveyor to a scale of a maximum of 100 feet to an inch.
(2) 
Identification and description.
(a) 
Proposed name of subdivision.
(b) 
Full legal description to adequately describe parcel in question.
(c) 
Names and addresses of the proprietor, owner proprietor, and the planner, design engineer, or surveyor who designed the subdivision layout. The proprietor shall also indicate his interest in the land.
(d) 
Scale of plat.
(e) 
Date of preparation.
(f) 
North arrow.
(3) 
Existing conditions.
(a) 
An area map showing the relationship of the proposed subdivision to the surrounding area within 1/2 mile at scale of not more than 2,000 feet to an inch. The area map shall show the topography drawn as contours with the interval available on the USGS maps.
(b) 
Boundary lines of proposed subdivision, section or corporation lines within or adjacent to the tract and overall property dimensions.
(c) 
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.
(d) 
Location, widths, and names of existing or prior easements of record, public and/or private.
(e) 
Location of existing sewers, water mains, storm drains and other underground facilities within or adjacent to the tract being proposed for subdivision.
(f) 
Topography drawn at contours with an interval of not more than two feet. Topography to be based on USGS datum.
(g) 
The location of significant natural features such as natural watercourses, bodies of water, stands of trees, and individual trees (apart from stands of trees) having a caliper of 12 inches or greater, two feet above existing grade, within the area to be platted.
(4) 
Proposed conditions.
(a) 
Layout of streets indicating proposed street names, right-of-way widths, and connections and adjoining platted streets and also the widths of and locations of alleys, easements and public walkways.
(b) 
Layouts, numbers and dimensions of lots, including building setback lines showing dimensions and finished grade, elevations.
(c) 
Proposed topography, including contour lines at same interval as shown for existing topography.
(d) 
Indication of parcels of land intended to be dedicated or set aside for public use or for the common use of property owners in the subdivision and for dedicated open space easements; there shall be included a plan and description of the intended use and/or development of said land reservations.
(e) 
An indication of the ownership and existing and proposed use of any parcels identified as "excepted" on the preliminary plat. If the proprietor has an interest, or owns any parcel so identified as "excepted," the 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 preliminary plat.
(f) 
Statement describing sewage system and method approved by the County Health Division and this Part 1.
(g) 
Statement describing water supply system pursuant to the Township engineering design standards and/or County Health Division and this Part 1.
(h) 
Schematic indication and description of storm drainage proposed pursuant to the Township engineering design standards and acceptable to the County Water Resources Commission if involving drains under its jurisdiction.
(i) 
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 preliminary plat shall include the proposed general layout for the entire area. The part which is proposed to be subdivided shall first 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. Each phase of the development shall consist of land or uses planned in such a way so that the average density of each separate phase shall not exceed, on a cumulative basis, the average density allowed for the entire development.
(j) 
An indication of the means by which and extent that significant natural features such as watercourses, bodies of water, stands of trees, and individual trees (apart from stands of trees) having a caliper of 12 inches or greater, two feet above existing grade, are to be preserved in conjunction with the development of the proposed subdivision.
(k) 
If the subdivision is proposed to be developed under the planned residential district option, said subdivision shall meet the Zoning Ordinance requirements of same.
(l) 
Indication of approximate area for all site improvements including roads, utilities, drains, and all building activity that will have to be cleared and graded in order to develop the proposed subdivision.
(5) 
The preliminary plat will also indicate the significant ecological areas that are to be preserved in their natural state. The intent is not to require a detailed grading plan at this time but to ensure that the developer's engineer or surveyor has given sufficient thought to the clearing and grading requirements in preparing the preliminary plat.
(6) 
An environmental impact statement shall be prepared according to the guide for the preparation of the environmental impact statement provided by the Clerk. Such guide shall be in the form approved by the Township Board by resolution. For tentative preliminary plat review, the environmental impact statement shall be utilized for the purpose of clarifying that the proposed lot and road layout shall be feasible without unreasonably destroying and/or encroaching upon natural resources, including wetlands. When completed, the environmental impact statement shall be mailed by the proprietor to those persons and entities contained in the mailing list provided by the Clerk.
C. 
Preliminary plat review by Planning Commission; tentative approval.
(1) 
The Clerk shall receive the preliminary plat as required under this section and the Land Division Act. The Clerk shall check the preliminary plat for completeness and basic conformance with applicable municipal requirements. If complete and in conformance, the proposal shall be placed on the agenda of the next Planning Commission meeting, not less than 20 days from the day of receipt.
(2) 
The preliminary plat shall be reviewed by the Township Engineer for his technical review and recommendation. The Township Engineer shall notify the Planning Commission of his recommendations for either approval or rejection of the preliminary plat.
(3) 
The preliminary plat shall be reviewed by the Township Planner for his technical review and recommendation. The Township Planner shall notify the Planning Commission of his recommendations for either approval or rejection of the preliminary plat.
(4) 
The preliminary plat shall be reviewed by the Township environmental consultant for his technical review and recommendation. The Township environmental consultant shall notify the Planning Commission of his recommendations for either approval or rejection of the preliminary plat, including, if reasonably feasible, the undertakings necessary in order to achieve approval. In the review of such consultant, consideration shall be given to the following, among other things determined to be relevant by the consultant: conformance with the Wetlands Ordinance;[1] relationship of improvements and topographical modifications to the floodway and the floodplain; likely impact upon on-site and off-site drainage and groundwater; and, generally, achievement of minimum environmental degradation, taking into consideration reasonable and prudent alternatives.
[1]
Editor's Note: See Ch. 210, Floodplain and Wetlands Protection.
(5) 
The preliminary plat shall be reviewed by the Township Park Commission for its recommendations. The Township Park Commission shall notify the Planning Commission of its recommendation.
(6) 
The Planning Commission shall review all details of the proposed subdivision within the framework of the zoning provisions set out in the Zoning Ordinance within the various elements of the Master Plan, within the standards of this Part 1 and with regard to reports and recommendations received.
(7) 
The Planning Commission shall recommend conditional approval, rejection, or approval of the tentative preliminary plat.
(a) 
Should the recommendation be a conditional approval, any conditions so imposed shall be noted on the plans, and recorded in the minutes of the regular Planning Commission meeting.
(b) 
Should the recommendation be rejection of the preliminary plat, the reasons for rejection shall be recorded in the minutes of the regular Planning Commission meeting. A copy of the minutes shall be sent to the proprietor.
(c) 
Should the Planning Commission find that all conditions have been satisfactorily met, it may recommend tentative approval of the preliminary plat. The Chairperson shall make a notation to that effect on a copy of the preliminary plat for permanent record in the Planning Commission files.
D. 
Preliminary plat review by Township Board; tentative approval.
(1) 
The Township Board will not review a preliminary plat until it has received the review and recommendations of the Planning Commission and until all applicable fees for the tentative preliminary review have been paid.
(a) 
Within 60 days of the date of submission to the Clerk if a preapplication meeting was held pursuant to MCLA § 560.111(3).
(b) 
Within 90 days of the date of submission to the Clerk if a preapplication meeting was not held pursuant to MCLA § 560.111(3).
(2) 
The Township Board shall take action on the tentative preliminary plat.
(3) 
The Township Board shall:
(a) 
Tentatively approve the preliminary plat and note its approval on a copy of the preliminary plat to be returned to the proprietor; or
(b) 
Reject the preliminary plat and instruct the Clerk to advise the proprietor of the reasons for rejection in writing.
(4) 
Tentative approval by the Township Board shall be effective for a period of 12 months. Should the final preliminary plat in whole or in part not be submitted within this time limit, a preliminary plat must again be submitted to the Planning Commission and Township Board for their recommendations. A one-year extension of tentative preliminary approval may be requested in writing by the proprietor, and granted by the Township Board in writing.
(5) 
Tentative approval of the preliminary plat shall not constitute approval of the final preliminary plat.
(6) 
No installation or construction of any improvements shall be made at this time.
(7) 
After tentative approval by the Township Board, the proprietor shall submit copies of a preliminary plat to each officer or agency entitled to receive those copies under MCLA §§ 560.113 to 560.118 for their simultaneous review and action within the thirty-day time period prescribed in those sections.
[Amended 6-28-2005 by Ord. No. 14-2005]
A. 
Filing title.
(1) 
The proprietor shall file a valid final preliminary plat with the Clerk, together with a certified list of all authorities required for approval in Sections 113 through 119 of the Land Division Act (MCLA §§ 560.113 through 560.119), along with all written approvals.
(2) 
The proprietor shall provide approved copies of tentative preliminary plats from each of the required authorities.
(3) 
The proprietor shall pay all plat review fees and escrow deposits as specified in § 250-7.
B. 
Preliminary plat review by Township Board; final approval.
(1) 
The Township Board shall approve or reject the preliminary plat at the next regularly scheduled meeting not less than 20 days after the submission of all copies of necessary approved tentative preliminary plats and any additional required information.
(2) 
If the preliminary plat conforms substantially to the plat tentatively approved by the Township Board and meets all conditions laid down for tentative approval, the Township Board shall give final approval to the preliminary plat and note its approval on a copy of the preliminary plat to be returned to the proprietor.
(3) 
The Clerk shall notify the applicant of approval or rejection in writing; if rejected, reasons shall be given.
(4) 
Final approval of the preliminary plat shall be effective for a period of two years from the date of final approval of the preliminary plat. The two-year period may be extended if applied for by the applicant and granted by the Township Board in writing. If an extension is granted by the Township Board, written notice of such extension shall be sent to the other approving authorities.
(5) 
No installation or construction of any improvements shall be made before the preliminary plat has received final approval of the Township Board, engineering plans have been approved by the Township Engineer, and any deposits and fees required under § 250-7 have been received by the Township.
(6) 
The owner and contractors shall have preconstruction conferences regarding land balancing, improvements and amenities with the Township engineering and/or Township planning representatives prior to the start of construction.
[Amended 11-14-1989 by Ord. No. 57; 6-28-2005 by Ord. No. 14-2005]
A. 
Filing.
(1) 
The final plat shall comply with the provisions of the Land Division Act.
(2) 
The final plat shall conform to the preliminary plat as approved and it may constitute only that portion of the approved preliminary plat which the proprietor proposes to record and develop at that time; provided, however, that such portion conforms to this Part 1.
(3) 
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 currently in force for examination in order to ascertain as to whether or not the proper parties have signed the plat.
(4) 
One true copy along with an electronic copy and nine prints of the final plat which shall comply with all provisions of the Land Division Act shall be filed by the proprietor with the Clerk.
(5) 
The proprietor shall provide copies of the deed restrictions to the Clerk.
(6) 
Easements shall be executed by the Township and the proprietor, setting forth the use and/or development of any land reserved for the use of the public and/or property owners.
(7) 
The proprietor shall pay all fees and escrow deposits as specified in § 250-7 and the Township engineering design standards.
B. 
Final plat review by Township Board.
(1) 
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.
(2) 
The Township Engineer shall notify the Township Board of his recommendation for either approval or rejection of the final plat.
(3) 
Not less than 20 days from the receipt of all previously required information, the Township Board shall review all recommendations and:
(a) 
Approve the plat and instruct the Clerk to notify the proprietor of the Township Board's approval and certify on the plat the Township Board approval and date thereof; the approval of the County Health Division, when required, the date thereof as shown on the approved preliminary plat; and that surety has been deposited with the Clerk for the placing of monuments and lot markers within a reasonable length of time, not to exceed one year from the date of signing; or
(b) 
Reject the plat and instruct the Clerk to advise the proprietor in writing of the reasons for rejection and return the plat to the proprietor.
(4) 
Instruct the Clerk to record all proceedings in the minutes of the meeting which shall be open for inspection, and instruct the Clerk to send a copy of the minutes to the County Plat Board.
(5) 
Upon approval of the final plat by the Township Board, the subsequent approvals shall follow the procedure set forth in the Land Division Act.