Charter Township of Midland, MI Land Development

The terms defined in Public Act No. 288 of the Public Acts of the State of Michigan of 1967, as amended, being MCLA § 560.101 et seq., the Land Division Act, and in Public Act No. 59 of the Public Acts of the State of Michigan of 1978, as amended, being MCLA § 559.101 et seq., the Condominium Act, have the same meanings when used in this chapter.

In addition, the following definitions shall apply in the interpretation and enforcement of this chapter, unless specifically stated otherwise:

BUILDING ENVELOPE

The three-dimensional space within which a structure is permitted to be built, including platted subdivision lots, condominium subdivision units and parent or resulting parcels.

CONDOMINIUM ACT

Public Act No. 59 of the Public Acts of the State of Michigan of 1978, as amended, being MCLA § 559.101 et seq.

CONDOMINIUM UNIT

That portion of a condominium project, including a building envelope, which is designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use.

DEVELOPER

A natural person, firm, association, partnership, corporation or combination of any of them which may hold any recorded or unrecorded ownership interest in real property subject to development, including a proprietor as defined in the Land Division Act and developer as defined in the Condominium Act.

DEVELOPMENT

The division, splitting or partitioning of real property, resulting in the creation of five or more building envelopes or lots within a period of 10 years, whether same is done as a subdivision of real property as defined in the Land Division Act, development of a condominium subdivision under the Condominium Act, or by divisions or splits under the Land Division Act.

LAND DIVISION ACT

Public Act No. 288 of the Public Acts of the State of Michigan of 1967, as amended, being MCLA § 560.101 et seq.

LOT or PARCEL

Land described in a recorded plat, by metes and bounds description or building envelope unit in a condominium project which is to be occupied by a building, group of buildings, or use.

PARCEL DEPTH

The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

PARCEL WIDTH

The horizontal distance between the side lot lines measured at the setback line and at right angles to the lot depth.

PLANNING COMMISSION

The Township of Midland Planning Commission.

STREET or ROAD

A thoroughfare which affords the principal means of access to abutting property, including those rights-of-way, easements or routes for vehicle traffic designated as common elements in a condominium project or condominium subdivision under the Condominium Act.

TOWNSHIP BOARD

The Township Board of the Township of Midland.

TOWNSHIP WATER SYSTEM

The public water distribution system owned by Midland Township.

§ 170-3 Development approval required.

From and after the effective date of this chapter, no person or other legal entity shall develop real property within the Township unless the developers and the land to be developed have received approval from the Township Board pursuant to the procedures and standards set forth within this chapter.

All development projects must be approved by the Township Board after review and recommendation by the Planning Commission in accordance with the procedure set forth herein. Preliminary and final subdivision plat approval, as the case may be, as required by the Land Division Act shall be based upon the procedural and substantive provisions of this chapter. Where development is made under the platting provisions of the Land Division Act, final approval under this chapter shall be obtained prior to recordation of the plat with the Midland County Register of Deeds. Where development is made under the Condominium Act, approval under this chapter must be obtained prior to recordation of the master deed with the Midland County Register of Deeds. For development by all other means, including divisions or splits under the Land Division Act, approval must be obtained prior to sale or offering for sale of any parcel within the development.

No building permit shall be issued by the Township Building Inspector, nor shall any parcel, lot, condominium building envelope unit or structure located within a development be occupied, unless the entire development or the portion thereof to be occupied has received approval from the Township Board pursuant to the procedures and standards set forth within this chapter. Nothing within this chapter shall be deemed to waive any requirements set forth in Chapter 300, Zoning. Grant of approval under this chapter by the Township Board shall not be approval of a land division and is not a determination that the created or resulting parcels comply with other laws, ordinances of the Township or applicable regulations.

§ 170-4 Development approval procedure.

The development approval procedure set forth within this section shall be applicable to all developments and shall further govern the developer and Township approval process for subdivision plats under the Land Division Act.

Developers applying for Township Board approval under this chapter shall submit to the Township Clerk, for transmittal to the Chairman of the Planning Commission, a fully completed application for approval upon the form designated by the Planning Commission, together with the applicable fee as determined by resolution of the Township Board. Upon receipt of the completed application and fee, the Township Clerk shall promptly transmit same to the Chairperson of the Planning Commission. All fees paid are nonrefundable, and no part of such fee shall be returnable to an applicant.

The Planning Commission shall review the submitted data at a meeting thereof for compliance with the provisions of this chapter. Written notice of the time, date and location of the Planning Commission meeting at which the application is being reviewed shall be provided to the developer, who shall be permitted to address the Planning Commission at the meeting. The Planning Commission may seek comment and recommendation from the Township Building Inspector. Additionally the Planning Commission may, at the developer's expense, obtain professional, engineering or other technical advice to assist its review of development applications. Upon conclusion of its review of the complete application, the Planning Commission shall then recommend approval, denial or approval with conditions of proposed development, which recommendation shall be transmitted to the Township Board for its final action.

Final approval, denial or approval with conditions of the proposed development shall be made by the Township Board. The Township Board shall set forth, in writing, the basis for its decision and any conditions relating to an affirmative decision. If approved, the developer and all owners of record of property included within the development shall sign a statement that the approved application and development plan shall be binding upon the developer, owners of record, their heirs, successors, and assigns. The approval of the development and any conditions thereon shall be part of the record of approval, and subsequent actions relating to the development shall be consistent with the development as approved, unless a change conforming to this chapter receives the mutual agreement of the then development owners and the Township Board.

§ 170-5 Application contents and fees.

All applications for development approval shall be made to the Township Clerk, upon an application form prepared by the Clerk, which application and form shall contain the following:

(1)

Names, addresses and telephone numbers of the developer and title holder of the real property included in the development.

(2)

Legal description of the real property included within the development.

(3)

A location map showing the relationship of the proposed development to the surrounding area.

(4)

A site plan for the development on paper not less than 24 inches by 36 inches, at a scale of at least one inch to 100 feet, showing the date and North arrow.

(5)

The name, if any, of the proposed development.

(6)

Statement of intended use of the proposed development, such as residential single-family, two-family and multiple housing; commercial; industrial; recreational; or agricultural.

(7)

The land use and existing zoning of the proposed development and the adjacent tracts.

(8)

Streets, street names, legal descriptions and widths of all rights-of-way, roads and streets providing access to lots or building envelopes in the development.

(9)

Building envelope and lot lines, together with statement of the total number of building envelopes or lots.

(10)

Contours of streets and intersections with sufficient detail to demonstrate compliance with the contour and elevation requirements of this chapter.

(11)

Proposed master deed, if development is made under the Condominium Act, protective covenants and deed restrictions, if any, or statement that none is proposed.

(12)

Specific design cross-section description and drawings of all proposed streets or roads, certified by a professional engineer licensed as such in the State of Michigan, certifying that the streets or roads, when built, will meet the cross-section, design, construction and material requirements of the Midland County Road Commission, whether or not same are intended to be dedicated to the public.

(13)

Contracts, master deeds or bylaws providing for the continual maintenance, repair and replacement, at the owners' expense, of roads, streets, commonly used water supply lines or condominium common elements.

(14)

Such additional data and material necessary to present compliance with the specific standards for the development as set within this chapter or as may be requested by the Planning Commission or Township Board in its consideration of the development approval.

(15)

Application fee as set by the Township Board.

Developers seeking development shall, in addition to the application fees submitted with the application, pay to and reimburse the Township its costs incurred in acquisition of professional, engineering or other technical advice or review of applications for development approval. These fees shall be paid in full to the Township before the Township Board acts upon the application. The Planning Commission may condition its review of the development application upon the developer depositing with the Township, through its Treasurer, a reasonable cash deposit to be held for purposes of securing payment to the Township of its costs incurred in obtaining professional, engineering or technician assistance.

§ 170-6 Action by Township board and security for improvements.

Upon receipt of the Planning Commission report and recommendation the Township Board, at a meeting thereof, shall act upon the application. The Township Board may approve, deny or approve the development with conditions. Denials and conditions shall be stated and communicated to the developer in writing. The Township Board may refer the application back to the Planning Commission for further review or investigation on matters the Township Board determines are necessary.

The Township Board may require all development improvements required by this chapter to be completed before it provides its final approval of the development. If required improvements are not required to be completed by the Township Board before final development approval, the final development approval shall be conditional upon completion of those improvements and shall be accompanied by a contract between the developer and the Township Board for completion of the improvements. Performance of the conditions and contract shall be guaranteed by a cash deposit, certified check, surety bond, or irrevocable bank letter of credit. The Township Board shall not require a bond duplicating any bond required by another governmental agency for the same improvements and facilities.

§ 170-7 Development design standards.

All developments shall be designed for inclusion and shall be constructed to include the following design standards:

(1)

All streets, roads and rights-of-way for vehicle traffic within a development shall have a minimum right-of-way width of at least 66 feet. All streets, roads and rights-of-way shall be constructed to the then-applicable standards of the Midland County Road Commission for its acceptance of same, whether or not same are intended to be dedicated to the public.

(2)

The arrangement of streets shall provide for the continuation of existing streets from adjoining areas into new developments, unless otherwise approved by the County Road Commission.

(3)

Where adjoining areas are not developed, the arrangement of streets in new developments shall be extended to the boundary line of the development to make provision for the future projection of streets into adjacent areas or terminated by cul-de-sac.

(4)

Culs-de-sac shall be not be more than 1,320 feet in length. Culs-de-sac shall terminate with an adequate turnaround with a minimum radius of 60 feet for right-of-way and 45 feet for pavement.

(5)

Street grades shall not exceed 5%. Within intersections, and for a distance of 100 feet from the center of intersections, grade shall not exceed 2%.

(6)

Sight distances at intersections shall permit unobscured view. Minimum clear sight distance at all street intersections should permit vehicles to be visible to the driver of another vehicle when each is 125 feet from the center of the intersection.

(7)

Streets should intersect at 90° or closely thereto, and in no case less than 80°.

(8)

Not more than two streets may cross at any one intersection.

(9)

The ratio of depth to width of any parcel within a development shall not exceed a four-to-one ratio. The depth of a parcel shall be measured within the boundaries of each parcel from the abutting road right-of-way to the most remote boundary line point of the parcel from the point of commencement of the measurement.

The development shall have in place, at all times, by master deed, bylaws or other contract, an agreement, enforceable by all owners of lots, units or other interests in the development, for the continual maintenance, repair and replacement, at the owners' expense, of roads, streets, streetlighting, commonly used water supply lines and condominium common elements.

The development shall provide for the dedication of easements to all agencies or public utilities providing utility service for the purposes of construction, operation, maintenance, inspection, repair, alteration, replacement and/or removal of pipelines, conduits, overhead or in-ground lines, mains and other installations of a similar character for the purpose of providing public utility services and potable water to all parcels in the development.

All development shall retain stormwater runoff on site or detain it so as to allow discharge without any impact on adjacent lands, streams or water bodies above the existing predevelopment runoff impact. If the Midland County Drain Commissioner's approval is required, it shall be submitted to the Township Planning Commission. All development shall conform with the soil erosion and sedimentation requirements of Midland County, its Road Commission and its Drain Commission.

Where any boundary line of the development, the lots or building envelopes therein lies adjacent to a water main installed as part of the Township water system, the development shall be designed to incorporate and install water mains or lines of sufficient capacity to provide all lots or building envelopes therein with water service from the Township water system. The design criteria for development of water mains or lines shall meet those specifications necessary to incorporate the development into the Township water system.

All lots or parcels within a development shall fully comply with the applicable lot, dimension, width, yard, area, frontage and access requirements of Chapter 300, Zoning, and other applicable ordinances.

§ 170-8 Development improvements.

All developments shall have constructed and installed, prior to final approval or as a condition of final approval, the following improvements:

(1)

Public utilities and driveways shall be located in accordance with the rules of the County Road Commission. Underground lines for utilities shall be stubbed to the property lines.

(2)

An adequate storm drainage system shall be required in all developments. The requirements for each particular development shall be established and certified as completed by the County Drain Commissioner.

(3)

Where a development is to be serviced by a public sanitary sewerage system, sanitary sewers and related appurtenances shall be installed by the developer. Individual septic and drain field systems are permitted in accordance with the requirements of the County Health Department. Where individual septic and drain field systems are proposed, each parcel or lot shall have topography and soils characteristics to support its intended use. The developer shall provide percolation or other applicable test results to establish adequacy of topography and soils.

(4)

Street name signs shall be installed in the appropriate location at each street intersection in accordance with the requirements of the County Road Commission.

(5)

Streetlighting shall be constructed and installed by the developer at all street intersections throughout the development and at intersection of development streets with streets supplying access to the development. Continual operation and maintenance costs for streetlighting shall be borne by the developer and/or owners of property within the development, as made enforceable by agreement, contract, master deed or bylaws.

All streets, roads and rights-of-way for vehicle travel within the development shall be constructed to the then-applicable standards of the Midland County Road Commission for its acceptance of same, whether or not same are to be dedicated to the public. All such streets, roads and rights-of-way for vehicle travel shall be designed and constructed with the oversight of a professional engineer licensed as such in the State of Michigan. All fees and costs incurred in retention of the engineer shall be borne by the applicant. Upon completion of the streets, roads and rights-of-way for vehicle travel, and prior to the Township Board release of any financial security it has required, the overseeing professional engineer shall submit to the Building Inspector one set of as constructed plans bearing an engineer's seal, certifying that the then-applicable standards of the Midland County Road Commission have been met.

Where any boundary line of the development, the lots or building envelopes therein lies adjacent to a water main installed as part of the Township water system, there shall be constructed and incorporated into the development water mains or lines of sufficient capacity to provide all lots or building envelopes therein with water service from the Township water system. Such water mains or lines shall be constructed to those specifications necessary to incorporate the development into the Township water system, shall extend leads to the lot or building envelope line of each lot or building envelope and incorporate fire hydrants and other related appurtenances. All costs incurred in the design, construction and installation of the water mains, lines, leads and hydrants shall be borne by the developer or property owners. Connection of the lots or building envelopes to the development water lines or mains shall be governed by Chapter 283, Water, of the Code of the Charter Township of Midland. Where installation of water mains or lines is not required by this chapter, each lot or building envelope within the development shall have sufficient water production capacity to accommodate its intended use.

§ 170-9 Security for completion of required improvements.

In lieu of finished construction and installation of the development improvement required by this chapter before approval by the Township Board, it may grant conditional approval of a development, conditioned upon the installation of requirement improvements within a specified time. In such cases, the Township Board shall secure installation of the required improvements by contract with the developer and financial security of developer performance. The amount of the financial security required shall be the amount reasonably determined by the Township Board to cause the required improvements to be constructed or installed by qualified third-party providers should the developer fail to do so in accordance with the conditions of approval and the contract. The financial security to be provided by the developer shall be in the form of cash deposit, certified check, surety bond, or irrevocable bank letter of credit. All financial security shall be issued from a surety or other entity authorized to do business in the State of Michigan, subject to the jurisdiction of courts in Midland County, Michigan, and otherwise reasonably acceptable to the Township Board. The Township Board shall not require financial security duplicating any security required by another governmental agency for the same improvements.

§ 170-10 Violations and penalties; abatement of nuisances.

Any person or other entity who violates any provision of this chapter is responsible for a municipal civil infraction as defined by Michigan law and subject to a civil fine of not more than $500, plus costs, which may include all direct or indirect expenses to which the Township has been put in connection with the violation. In no case, however, shall costs of less than $9 or more than $500 be ordered. In addition, all violations of this chapter or any part thereof are declared a nuisance per se. The Township specifically reserves the right and shall have the authority to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to abate said nuisance and to compel compliance with this chapter. The remedies herein provided shall not be deemed exclusive, the Township reserving as cumulative remedies all further remedies as may be available at law or equity, including such remedies as may be available under the Land Division Act or Condominium Act.