[HISTORY: Adopted by the Township Board of the Charter Township
of Midland 11-14-2001 by Ord. No.
90. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Midland
Township Land Development Ordinance."
A.
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.
B.
BUILDING ENVELOPE
CONDOMINIUM ACT
CONDOMINIUM UNIT
DEVELOPER
DEVELOPMENT
LAND DIVISION ACT
LOT or PARCEL
PARCEL DEPTH
PARCEL WIDTH
PLANNING COMMISSION
STREET or ROAD
TOWNSHIP BOARD
TOWNSHIP WATER SYSTEM
In addition, the following definitions shall apply in the interpretation
and enforcement of this chapter, unless specifically stated otherwise:
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.
Public Act No. 59 of the Public Acts of the State of Michigan
of 1978, as amended, being MCLA § 559.101 et seq.
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.
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.
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.
Public Act No. 288 of the Public Acts of the State of Michigan
of 1967, as amended, being MCLA § 560.101 et seq.
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.
The horizontal distance between the front and rear lot lines,
measured along the median between the side lot lines.
The horizontal distance between the side lot lines measured
at the setback line and at right angles to the lot depth.
The Township of Midland Planning Commission.
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.
The Township Board of the Township of Midland.
The public water distribution system owned by Midland Township.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
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.
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.