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Township of Grosse Ile, MI
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Board of the Township of Grosse Ile 1-14-2002 by Ord. No. 02-02. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 40.
Condominium projects — See Ch. 71.
Environmental assessment — See Ch. 98.
Fences and walls — See Ch. 103.
Flood control — See Ch. 116.
Grading — See Ch. 124.
Land use hearing notices — See Ch. 139.
Macomb Street landscaping — See Ch. 150.
Roads and driveways — See Ch. 205.
Utilities — See Ch. 258.
Wetlands and drainageways — See Ch. 275.
Woodland and tree preservation — See Ch. 282.
Zoning — See Ch. 285.
238a Subdivision Review Process
A. 
The definitions contained in Section 102 of the Land Division Act of 1967 of the State of Michigan, as amended, are hereby adopted by reference and shall be controlling in the interpretation of this chapter to the same extent as if such definitions were restated herein in full. In addition, the definitions contained in Chapter 285, Zoning, as amended, shall apply in the interpretation and enforcement of this chapter.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ABUTTING
Having a common border with, or being separated from such common border by, an easement.
BLOCK
That property abutting one side of the street and lying between the two nearest intersecting streets, or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or live stream; or between any of the foregoing and any other barrier to the continuity of development.
BLOCK LENGTH
The distance between intersections of through streets; such distance being measured along the longest street bounding the block, and from right-of-way line to right-of-way line of the two intersection streets.
BUILDABLE PORTION OF A LOT
Generally includes that portion of the lot on which the principal building may be constructed in compliance with all ordinances and laws.
(1) 
The date of the initial Planning Commission meeting that the proprietor presents the preliminary plat for consideration.
(2) 
The date the proprietor files the tentatively approved preliminary plat and a certified list of all authorities required for approval with the Clerk.
(3) 
The date the proprietor files the necessary prints of the final plat with the Clerk.
DEDICATION
A conveyance of land by the owner in the nature of a gift or grant and an acceptance of that land by or on behalf of the public.
DETENTION POND
A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.
LOT
A parcel of land separated from other parcels on a preliminary or recorded plat for the purpose of sale, lease, or separate use.
LOT AREA
Has the same meaning prescribed in Chapter 285, Zoning.
LOT, CORNER
A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135°. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135°.
LOT DEPTH
The arithmetic mean of the shortest and longest distances from the front lot line to the rear lot line.
LOT, INTERIOR
Any lot other than a corner lot.
LOT LINE
Has the same meaning prescribed in Chapter 285, Zoning.
LOT, REVERSE FRONTAGE
A lot abutting a collector thoroughfare and/or a minor street(s) with vehicular access only to the minor street.
LOT, THROUGH
Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.
LOT WIDTH
Has the same meaning prescribed in Chapter 285, Zoning.
OPEN SPACE
A parcel of land which is open, unoccupied and unobstructed by structures from the ground to the sky and which contains lawn, trees, or other natural vegetation.
PEDESTRIAN THROUGH-BLOCK CONNECTOR
A pedestrian pathway located at street level, but perpendicular to the street, to provide shortcuts through development blocks.
PLAT
A map or chart of a subdivision of land.
(1) 
A map showing all requisite details of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration, prepared in conformance with the Land Division Act.
[Amended 7-22-2002]
(2) 
A map of all or part of a subdivision providing substantial conformance to the preliminary plat of the subdivision prepared in conformance with the requirements of the Land Division Act and this chapter and suitable for recording by the County Register of Deeds.
[Amended 7-22-2002]
SIDEWALK
A concrete path that provides for pedestrian use and is usually located at the side of a road within the right-of-way.
SITE CONDOMINIUM
A system of separate ownership of individual units of land in multi-unit projects designed to function in a similar manner, or as an alternative to a platted subdivision created according to the Condominium Act, Public Act 59 of 1978, as amended and Chapter 71, Condominium Projects. In addition to the interest acquired in a particular unit of land, each unit owner is also a tenant in common in the underlying fee and in the land area used in common by all the unit owners. Each site condominium unit (i.e., site condominium lot) shall include an area defined by setbacks designating the perimeter within which the condominium unit must be built and the balance of the condominium unit site shall become a limited common element. General common element shall not be considered part of the site condominium lot. The term "condominium unit site" shall be equivalent to the term "lot," for purposes of determining compliance of a site condominium subdivision with the provisions of this chapter and Chapter 285, Zoning.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county, or municipal roadway; or a street or way shown in a plat heretofore approved pursuant to law or approved by official action; or a street or way on a plat duly filed and recorded in the office of the County Register of Deeds. A street includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas, and lawns.
SUBDIVISION
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 that results in lots that are not exempted from the platting requirements of the Michigan Land Division Act.
A. 
No land may be divided, subdivided or combined through the use of any legal description unless approved by the Township in accordance with this chapter and the Michigan Land Division Act, PA 288 of 1967, as amended, with the exception of land divisions exempt from subdivision under § 238-3 of this chapter and the land division regulations of Article 19 of Chapter 285, Zoning.
B. 
Land divisions that do not require subdivision plat approval shall be reviewed and approved in accordance with the procedure and requirements of Article 19 of Chapter 285, Zoning.
C. 
A site condominium or condominium subdivision developed under Chapter 71, Condominium Projects, shall be required to meet the standards of §§ 238-7 through 238-14 of this chapter.
D. 
These regulations apply to all subdivisions created after the effective date of this chapter that are located within Grosse Ile Township, including those that have not yet received tentative approval of the preliminary plat.
E. 
A subdivision that has received tentative approval of the preliminary plat from the Township Board prior to the effective date of this chapter shall be processed in accordance with the standards and procedures established in the previous subdivision regulations, provided a final preliminary plat, meeting all requirements of the prior subdivision control ordinance and the Michigan Land Division Act is filed with the Township within one year of receiving such tentative approval of the preliminary plat. The Township may require compliance with the standards established herein upon a determination that compliance is necessary for the preservation or protection of health, safety and welfare.
F. 
A subdivision that has received final approval of the preliminary plat from the Township Board prior to the effective date of this chapter shall be processed in accordance with the standards and procedures established in the previous subdivision regulations, provided a final plat, meeting all requirements of the prior subdivision control ordinance and the Michigan Land Division Act, is filed with the Township within two years of receiving such final preliminary plat approval. The Township may require compliance with the standards established herein upon a determination that compliance is necessary for the preservation or protection of health, safety and welfare.
G. 
A subdivision that has received final plat approval from the Township Board prior to the effective date of this chapter and has been recorded with the County Register of Deeds shall be considered in conformance with this chapter, provided such subdivision shall continue to meet all requirements of the subdivision control ordinance in effect on the date of final approval of the plat, all conditions placed upon approval of the plat, and all applicable provision of the Michigan Land Division Act. Any further divisions of lots within such recorded subdivision shall comply with § 238-3 of this chapter. All lots within such approved subdivision shall be subject to compliance with all other applicable current Township ordinances and regulations, including but not limited to Chapter 285, Zoning; Chapter 282, Woodland and Tree Preservation; Chapter 275, Wetlands and Drainageways; Chapter 205, Roads and Driveways; and the Building Code.[1]
[1]
Editor's Note: See Ch. 40, Building Construction.
H. 
This chapter shall not abrogate or annul any easement, bylaw, master deed, deed restriction, covenant, private agreement or dedicated public right-of-way, except where the regulations or standards of this chapter are more restrictive or impose a higher standard.
I. 
The regulations established herein are considered to be the minimum necessary to achieve the purposes listed above. Any conflicting ordinances, regulations, or laws of a more restrictive nature shall supersede the appropriate provisions of this chapter.
J. 
Except as otherwise provided above, no vested rights shall accrue to the owner or developer of any subdivision until the actual signing of the final plat by the Township Clerk.
The Township Board, upon recommendation of the Planning Commission, may partition or divide lots, outlots, or other parcels of land in a recorded plat into not more than four parcels of land, each of which shall with respect to its width, depth, area and other characteristics conform to the provisions and terms of Chapter 285, Zoning, and other applicable provisions of this Code. The standards and procedures for such approval shall be in accordance with the land division regulations of Article 19 of Chapter 285, Zoning. A division to a subdivision lot that creates more than four parts or buildable lots shall require approval as a subdivision under the current provisions of this chapter.
The proprietor of any land desiring to have a plat approved and recorded shall first submit to the Planning Commission 15 copies of a survey (at a minimum one inch equals 50 feet), prepared by a registered surveyor, indicating property boundaries, easements, topography, tree locations (see Chapter 282), wetland buffers and boundaries (see Chapter 275), and existing utilities. The survey should indicate adjacent streets and plats, and significant physical characteristics of the neighborhood. Using the survey drawing as a base map, the proposed subdivision improvements should be shown including dimensional and numbered lots, lot areas identified in square footage and any other significant features proposed. Fifteen copies of the environmental assessment/impact report (see Chapter 98) and the tree replacement plan written statement (see Chapter 282) shall also be submitted. The Planning Commission shall either give its pre-preliminary tentative approval to the project or set forth in writing its reasons for rejection and its requirements for tentative approval. Such action shall not be taken unless the proprietor has delivered the materials listed above and paid the applicable fees to the Township Treasurer.
A. 
Preliminary plat tentative approval. Following pre-preliminary tentative approval by the Planning Commission, the proprietor shall make a preliminary plat and submit 15 copies to authorities as provided in Sections 111 to 119 of the Land Division Act of 1967, as amended. The preliminary plat should indicate all detailed schematic plans for proposed roads and all proposed utilities. The proprietor shall also submit materials required by Chapter 282, a detailed tree survey and replacement plan, and Chapter 275, wetland mitigation plans. The Planning Commission shall not give tentative approval until it has received necessary permits from the Michigan Department of Environmental Quality and United States Corps of Engineers. The tentative preliminary plat shall be reviewed by the Planning Commission for a recommendation to the Township Board. The Township Board of Trustees shall not give tentative approval to a preliminary plat until it has been reviewed by the Planning Commission after public hearing and its recommendations received. Tentative approval under this section shall confer upon the proprietor, for a period of one year from approval date, the rights granted under Section 112 of the Land Division Act, including approval of lot sizes, lot orientation and street layout.
B. 
Preliminary plat final approval.
(1) 
Following the receipt of all necessary permits from the Wayne County Department of Public Service, or any other applicable agencies, the preliminary plat shall be reviewed by the Planning Commission for a recommendation to the Township Board. Any changes to the preliminary plat required by Wayne County Department of Public Service shall be subject to approval by the Planning Commission. The Township Board of Trustees shall not give final approval to a preliminary plat until it has been reviewed by the Planning Commission after public hearing, its recommendations received and the following detailed plans have been submitted and approved:
(a) 
Detailed plans for installing sanitary sewers shall be submitted to the Township Engineer for approval. Upon approval by the Township Engineer, plans shall be forwarded to the Michigan Department of Health for its approval and construction permit. The sanitary sewer plans shall provide for six-inch wyes and for the installation of service connections from the street sewers to the property line.
(b) 
Detailed plans for installing water mains shall be submitted to the Township Engineer for approval. Upon approval by the Township Engineer, plans shall be forwarded to the Board of Public Works of the Township of Grosse Ile for its approval, to the Detroit Water Board and the Michigan Department of Health for their approval and construction permit. The plans shall provide for the installation of not less than an eight-inch cast iron water main unless otherwise approved by the Township Engineer, together with the necessary hydrants, valves, gatewells and fittings to be installed as required by the Township Engineer and the Board of Public Works of the Township of Grosse Ile.
(c) 
Detailed plans for installing all public streets, highways and street lighting shown on the plat shall be submitted to the Roads Division of the Wayne County Department of Public Services for approval. Upon approval by that agency, the proprietor will forward the plans to the Township Engineer for approval. All streets and highways shall be paved with concrete of a minimum width as set forth in § 238-7 below with thickness and design in accordance with current specifications of the Roads Division of the Wayne County Department of Public Services and the Township Engineer. Such paved surfaces shall include all necessary excavation, grading, storm sewers drainage structures and be of such a character as to meet with the current specifications of the Wayne County Department of Public Services.
(d) 
Plans for concrete sidewalks meeting the requirements of § 238-7 shall be submitted for approval.
(e) 
A detailed landscape plan meeting the requirements of § 238-7 shall be submitted for approval.
(f) 
Streets signs bearing the names of streets of a design approved by the Wayne County Department of Public Services shall be located at every street intersection.
(g) 
Detailed plans for grading shall be submitted in conformity with Chapter 124, Grading, of this code.
(h) 
Detailed plans shall be submitted for any required covered drain.
(2) 
After preliminary plat final approval is given by the Board of Trustees, the proprietor must then obtain necessary Township permits prior to commencing any land clearing (including brushing and grubbing) or construction of utilities and roads. Final approval of the preliminary plat under this section shall confer upon the proprietor, for a period of two years from the date of approval, the rights granted under Section 120 of the Land Division Act that the general terms and conditions under which preliminary approval was granted will not be changed.
Following final approval of the preliminary plat by all authorities the proprietor shall make a final plat in compliance with Sections 131 to 151 of the Land Division Act of 1967, as amended. The final plat shall be submitted in accordance with the procedure prescribed in Sections 162 to 173 of the Land Division Act of 1967, as amended.
A. 
The final plat shall have been processed and approved by state and county agencies in accordance with Sections 162 to 165 of the Land Division Act of 1967, as amended, prior to submission to the Township for its review.
B. 
The final plat shall be reviewed by the Community Development Director, Township Engineer and Township Planner and other Township officials identified by the Community Development Director for compliance with the approved preliminary plat, all conditions attached to preliminary approval, easements and plans for utilities, and other improvements. Copies of all deed restrictions, covenants and documents showing the manner in which common areas are to be maintained shall be submitted for review by the Township Attorney.
C. 
The Township Board shall review all recommendations and take action on the final plat at its next regular meeting or, within 20 days of its date of filing in accordance with the procedures of Sections 166 to 167 of the Land Division Act of 1967, as amended. The final plat shall conform in all manners to the preliminary plat, as approved, and all conditions attached to preliminary approval.
D. 
Upon the approval of the final plat by the Township Board, the subsequent state and county approvals shall follow the procedure set forth in Sections 168 to 173 of the Land Division Act of 1967, as amended. The three prints of the final plat shall be forwarded to the Township: one to the Clerk, one to the Planning Commission, and one to the Community Development Department. A copy of the final plat CADD file shall be submitted to the Community Development Department on a suitable disk format, as determined by the Township Engineer. Copies of all deed restrictions shall be filed with the Community Development Department, along with evidence of their recording with the Wayne County Register of Deeds.
A. 
Streets. Streets shall conform to at least all minimum requirements set forth in this chapter;205, Roads and Driveways; and the Wayne County Department of Public Services.
(1) 
The proposed subdivision shall conform to the various elements of the Master Plan and shall be considered in relation to the existing and planned major thoroughfares and secondary streets, and such part shall be platted in the location and the width indicated on such plan.
(2) 
The arrangement of streets shall provide for the continuation of existing streets from adjoining areas into new subdivisions, unless otherwise approved by the Township Board, following a recommendation by the Planning Commission, due to documented environmentally sensitive features, unusual lot configuration or unique site conditions. Where adjoining vacant areas are zoned or planned for development similar to the proposed subdivision, streets shall be extended to the boundary line of the tract to make provision for the future street connections. The proprietor shall demonstrate that the proposed stub street is in a reasonable location for extension into the adjacent lands, in consideration of such factors as grades, water bodies, wetlands and lot configuration.
(3) 
Streets shall be aligned to maximize the preservation of natural features and existing grades to the extent feasible. Streets should follow natural topography to minimize grading.
(4) 
The proposed subdivision street layout shall discourage use by through traffic, except where a continuation of streets to adjoining properties is deemed desirable by the Township.
(5) 
Where a subdivision incorporates existing public streets or private roads that are not in conformance with current standards, the applicant shall reconstruct such facilities as necessary to improve the road to the extent required by Chapter 205, Roads and Driveways.
(6) 
Road right-of-way, roadway widths, design and construction shall conform to the standards herein and all standards adopted by the Wayne County Department of Public Services and Chapter 205, Roads and Driveways. All roads shall have a minimum right-of-way width of 60 feet. All roads shall be paved with concrete and with concrete curbs and have a minimum pavement width of 27 feet, measured back to back of curbs. All culs-de-sac shall terminate in a turning circle of at least 80 feet diameter of paving within a right-of-way of at least 100 feet diameter.
(7) 
All newly platted streets which intersect with existing streets, or with proposed platted streets, will do so at ninety-degree angles with a minimum straightaway of 150 feet, as measured from center line of the existing roadway. The grade in the one-hundred-fifty-foot straightaway shall not exceed 3%. The maximum number of intersecting streets shall be two.
(8) 
Private roads shall be prohibited. All roads shall connect to the public road system and be dedicated to the Wayne County Department of Public Services.
(9) 
Each phase of the plat shall be designed to meet the street requirements above, regardless of whether future phases are constructed.
(10) 
Street names shall not duplicate any existing street name in Grosse Ile Township, except where a new street is a continuation of an existing street.
(11) 
Culs-de-sac shall be designed with a center landscape island.
B. 
Blocks. Blocks within subdivisions shall conform to the following standards:
(1) 
Length of blocks between intersecting streets shall be no less than 500 or more than 1,320 feet in length.
(2) 
A block shall be so designed as to provide two tiers of lots and shall not be less than 240 feet, except where lots back into a major thoroughfare, natural feature or subdivision boundary.
C. 
Lots. Lots within subdivisions shall conform to the following standards:
(1) 
Lot areas and widths shall conform to at least the minimum requirements of Chapter 285, Zoning, for the district in which the subdivision is proposed, provided each residential lot platted shall contain an area of at least 20,000 square feet and a width of not less than 100 feet.
(2) 
The lot size, width, depth and shape in any subdivision proposed for residential uses shall be appropriate for the location and the type of development contemplated.
(3) 
Narrow deep lots shall be avoided. The depth of a lot generally shall not exceed four times the width as measured at the building line.
(4) 
Side lot lines shall generally be at right angles or radial to the street center lines. This requirement shall not apply where such lot lines would create irregularly shaped lots which would unreasonably limit construction, or where adjustments to the standard lot configuration would protect regulated wetlands or preserve other natural features, such as topography. Lot lines shall generally be straight and not include jogs that create irregularly shaped lots (dogleg lot lines).
(5) 
Lots shall have a front-to-front relationship across all streets.
(6) 
Blocks shall be so designed as to provide two tiers of back-to-back lots, except where lots back onto a major thoroughfare, natural feature or subdivision boundary.
(7) 
Through lots (lots with frontage on two parallel streets) are prohibited, except in the case of a reverse frontage lot that abuts a major thoroughfare where access to such major thoroughfare is prohibited.
(8) 
Corner lots shall be platted at least 10 feet wider than the minimum width permitted by Chapter 285, Zoning.
(9) 
Lots facing a three-way intersection should be aligned to prevent oncoming headlight glare into the living area of the building envelope.
(10) 
Building setback lines shall conform to at least the minimum requirements of Chapter 285, Zoning.
(11) 
Corner lots shall have access to the lesser traveled roadway.
(12) 
If the subdivision includes any outlots or excepted parcels, an illustration shall be provided to demonstrate that the remaining land can be used or subdivided in conformance with Township standards.
(13) 
Areas of the subdivision plat that contain ponds, rivers, canals, or similar bodies of water shall be recorded as acreage, but shall not be platted as subdivision lots nor calculated as a portion of the minimum lot area as required by Chapter 285, Zoning. This provision shall not apply to artificial ponds or pools created on a lot after final plat approval.
(14) 
Lands subject to flooding or otherwise deemed by the Planning Commission to be uninhabitable shall not be platted for residential purposes, or for uses that may in the judgment of the Planning Commission increase the danger to health, life, or property, or increase the flood hazard. Such land within a subdivision shall be set aside for other uses, such as parks or other open space.
(15) 
Lots that back into such features as arterial streets, shopping centers, or industrial properties shall contain a landscaped easement along the rear at least 30 feet wide in addition to the utility easement to restrict access to the arterial street to minimize noise and to protect outdoor living areas. Lots extending through a block and having frontage on two local streets shall be prohibited.
D. 
Sidewalks, pedestrian through-block connectors and bike paths.
(1) 
Sidewalks or bike paths may be required by the Township Board, based upon a recommendation by the Planning Commission, on both sides of the street or road.
(2) 
Pedestrian through-block connectors may be required in the middle of any block over 1,320 feet in length to obtain satisfactory pedestrian circulation within the subdivision, to provide access to parks or open space, to provide links with an adjacent subdivision, or to provide access to an activity center. Where such pedestrian through-block connectors are required, an area at least 20 feet wide shall be provided between lots. The Township may require placement of a fence along the easement to ensure the location is visible and to protect the adjacent property owners. Pedestrian through-block connectors shall be paved in accordance with the specifications of the Township Engineer, provided gravel paths or wooden boardwalks may be permitted in areas with sensitive environmental features.
(3) 
The Township Board, based upon a recommendation of the Planning Commission, may require a bike path be provided from a subdivision where it abuts a major thoroughfare. The Township may also require a bike path to provide access from within the subdivision to existing or proposed bike paths outside the subdivision, or to schools, parks, commercial areas and public institutions.
(4) 
All sidewalks shall be a minimum five feet wide and constructed to the specifications of the American Association of State Highway and Transportation Officials (AASHTO).
(5) 
Bikepaths shall be at least eight feet wide and constructed in accordance with the specifications of AASHTO.
(6) 
Sidewalks and bike paths shall be installed by the developer within the dedicated street right-of-way, private road access easements or special easement where grades or other factors prevent placement within the right-of-way or access easement.
E. 
Landscaping. The selection, size, spacing and planting of all landscaping within a subdivision shall comply with the landscaping standards of Chapter 285, Zoning, and the following standards:
(1) 
General standards.
(a) 
Tree species should be selected for tolerance of the harsh roadside conditions in southeast Michigan, for compliance with sight distance requirements, to ensure maintenance of accessibility to fire hydrants, to provide a minimum overhead clearance of 15 feet over any roadway and eight feet over a sidewalk or bike path, and to avoid interference with overhead or underground utility lines.
(b) 
Plantings within 15 feet of a fire hydrant shall be no taller than six inches.
(c) 
The development and planting of required landscaping shall be the responsibility of the proprietor, not the individual lot owner.
(d) 
The Township Board, upon recommendation from the Planning Commission, may approve fewer trees if the proprietor provides evidence that existing healthy trees over 2.5 inches in diameter at breast height (dbh) or natural habitat areas will be preserved during and after construction.
(e) 
The landscape plan shall be approved by the Township Board, upon recommendation of the Planning Commission, as part of the final preliminary plat process in consideration of the above and compatibility with the visual character of the surrounding area.
(2) 
Street trees.
(a) 
The minimum size of all street trees shall be three-inch caliper.
(b) 
One canopy tree shall be planted for each 50 linear feet along a median boulevard.
(c) 
Street trees shall be planted so that each lot has at least two canopy trees and each corner lot has at least three canopy trees. Street trees shall be placed to avoid any future driveway locations.
(d) 
Street trees shall be at least 50 feet from the intersection of two street right-of-way lines or access easements.
(e) 
Street trees shall be planted between the curb and sidewalk. Where tree location in the public right-of-way is not possible due to conflicts with overhead or underground utility lines or restrictions of the WCDPS, street trees may be located on private property just beyond the front lot line, subject to Planning Commission approval. Where a meandering sidewalk or bike path exists or is approved, the street tree locations shall be determined by the Township. Trees shall be at least four feet from the edge of any paved surface and shall not interfere with sight distance required by the WCDPS.
(f) 
The lowest branch of any canopy tree shall provide a minimum fifteen-foot clearance over a public street or private road, and a minimum eight feet above grade from a sidewalk or bike path. Greater clearances shall be provided if required by the WCDPS.
(3) 
Landscaping in culs-de-sac.
(a) 
A minimum of one canopy tree for every 1,000 square feet of ground area, rounded upward, shall be planted within each cul-de-sac or island (e.g., if the island is 2,305 square feet, three canopy trees would be required).
(b) 
The lowest branch of any canopy tree within the island shall be a minimum eight feet above the grade of the island and 15 feet above the grade of the roadway.
(c) 
The island must either be mounded to a height of between one foot six inches and two feet six inches and planted with grass or ground cover or have four low shrubs planted for every 1,000 square feet of ground area. The shrubs shall be maintained at a maximum height of two feet six inches.
(4) 
Subdivision entrances. Subdivision entrances may include landscaping, lighting, identification signs, wrought iron fences or other architectural features. All such features shall comply with Chapter 285, Zoning. A detail of the entranceway shall be submitted with the tentative preliminary plat. Signs shall not be lit. Any features proposed to be placed within the county road right-of-way must meet WCDPS design and sight distance standards. Any features proposed to be placed outside of the county road right-of-way must be located within an easement recorded for the maintenance of such features by the subdivision association.
(5) 
Landscaping as a buffer zone or transition zone. The Township Board, upon recommendation by the Planning Commission, may require landscaping along the periphery of the subdivision to serve as a buffer zone from adjacent uses. A buffer zone may include trees, shrubs, berms or a combination. A buffer zone may include preservation of existing woodlands or slopes, or the addition of landscaping to provide an effective screen. Such buffer zone may be located within lot setback areas, provided a landscape conservation easement shall be recorded over such buffer zone.
(6) 
Required landscape greenbelt. When a subdivision borders a major thoroughfare, and wherever a rear yard abuts a public street or private road, an easement or outlot for construction of a thirty-foot-wide landscape greenbelt shall be provided, in addition to the required rear yard setback, measured from the interior setback line. This buffer zone shall be planted with a minimum of one canopy tree and one evergreen tree for each 20 feet of greenbelt length. Existing natural features shall be retained wherever possible to promote a natural appearance and to protect the existing ecosystem within the greenbelt. Where a freeform berm is used as part of the landscape greenbelt, the minimum height shall be two feet six inches. The maximum slope of the berm facing the primary road shall be 6:1 and the maximum slope of the berm facing the inside of the lot shall be 3:1. The construction of the greenbelt and its plantings shall be the responsibility of the developer and not the individual lot owner(s).
(7) 
Detention/retention pond. A minimum of one evergreen tree shall be planted every 40 feet around the perimeter of all detention or retention ponds. If the pond is fenced, then landscaping shall be provided at a rate of one evergreen tree shall be planted every 20 feet around the perimeter of the detention or retention pond.
A. 
Proprietors are required to install water mains, pavements, storm drains, sanitary sewers, and sidewalks in public rights-of-way, together with all structures appurtenant to each, and to do all landscaping outlined in § 238-7 in the lands described in the final plat.
B. 
All lots shall be served by the Township's public sanitary sewer system. Detailed plans for installing sanitary sewers shall be submitted to the Township Engineer for approval. Upon approval by the Township Engineer, he will forward the plans to the Michigan Department of Health for its approval and construction permit. The sanitary sewer plans shall provide for six-inch wyes and for the installation of service connections from the street severs to the property line. The Planning Commission shall approve locations of sanitary sewer lift stations, which shall be indicated on the final preliminary plat and be located within the boundaries of the subdivision.
C. 
All lots shall be served by the Township's public water system. Detailed plans for installing water mains shall be submitted to the Township Engineer for approval. Upon approval by the Township Engineer, he will forward the plans to the Board of Public Works of the Township of Grosse Ile for its approval, to the Detroit Water Board and the Michigan Department of Health for their approval and construction permit. The plans shall provide for the installation of not less than an eight-inch cast iron water main unless otherwise approved by the Township Engineer, together with the necessary hydrants, valves, gatewells and fittings to be installed as required by the Township Engineer and the Board of Public Works of the Township of Grosse Ile.
D. 
Detailed plans for installing all streets, highways, and streetlighting shown on the plat shall be submitted to the Roads Division of the Wayne County Department of Public Services for approval. Upon approval by that agency, the proprietor will forward the plans to the Township Engineer for approval. All streets and highways shall be paved with plain concrete of a minimum width thickness and design in accordance with the standards of this chapter; current specifications of the Roads Division of the Wayne County Department of Public Services; Chapter 205, Roads and Driveways; and the Township Engineer. Such paved surfaces shall include all necessary excavation, grading, storm sewers, drainage structures, and be of such a character as to meet with the current specifications of the Roads Division of the Wayne County Department of Public Services.
E. 
When specified, concrete sidewalks shall be installed in the rights-of-way, detailed plans for which shall be approved by the Township Engineer. Sidewalks located along the frontage of lots shall be installed prior to an occupancy permit being issued for each home, or within six months of issuance of an occupancy permit where a performance bond is posted with the Township guaranteeing that the sidewalk shall be installed. Where required, the subdivision deed restrictions shall specify that sidewalks must be installed along all road frontages and the maintenance shall be the responsibility of the abutting lot owner.
F. 
All landscaping shall be installed prior to approval of the final preliminary plat, with the exception of street trees. Street trees shall be installed prior to a final occupancy permit being issued for each home, or within six months of issuance of an occupancy permit where a performance bond is posted with the Township guaranteeing that the trees shall be installed. The subdivision deed restrictions should state that occupancy permits for homes shall not be granted until the required tree is installed.
G. 
Street signs bearing the names of streets of a design approved by the Wayne County Road Commission shall be located at every street intersection.
H. 
Proprietors shall make whatever improvements and preserve whatever natural resources are required under and resulting from review of the proposed subdivision plat under and pursuant to the provisions of Chapter 98 of this Code.
I. 
Detailed plans for grading shall be submitted in conformity with Chapter 124, Grading, of this Code.
J. 
An adequate storm drainage system including necessary storm sewers, catch basins, manholes, culverts and other appurtenances shall be required in all subdivisions. Detailed plans for storm drainage systems shall be submitted to the Township Engineer for approval. Detention or retention ponds shall not be placed within a residential lot. Detention and retention ponds shall be placed in outlots, so dedicated with appropriate easements for drainage purposes. Such detention or retention ponds shall be set back from any road right-of-way a distance equal to the front yard setback requirements for the subdivision and from all other boundaries of the outlot a sufficient distance to meet side yard setback requirements. Detention and retention ponds shall be landscaped to meet the requirements of § 238-7E(7) of this chapter.
A. 
The detailed plans required by § 238-8 shall be prepared by a registered engineer. All plan elevations shall be based on the Township bench mark system as set forth by the Township Engineer. All such detailed plans shall be submitted to the Township Engineer for his approval and certification that they are consistent with the overall utility plans for the Township.
B. 
Inspection of construction shall be performed by the Township Engineer or by the Wayne County Department of Public Services. On work inspected by the Township Engineer the proprietor shall pay the applicable fee provided by § 238-14. On work inspected by the Wayne County Department of Public Services the proprietor shall pay the inspection fees required by the Commission.
If a plat shows certain proposed improvements in addition to those required by this chapter, the Land Division Act of 1967 of the State of Michigan, as amended and as required and pursuant to Chapter 98 of this Code, such as playgrounds, lakes, lagoons, slips, waterways, bays or canals which are not in existence at the time of consideration of the plat, the Township Board may, as a condition to the approval of the plat, require the proprietor to enter into an agreement with the Township to complete such improvements within a reasonable time set by the Board. The Board may also require security deposits to secure performance of such agreement in the manner and form provided in § 238-11 of this chapter.
Following final approval of the preliminary plat, the proprietor shall be required to deposit with the Clerk or an escrow agent cash, surety bond, or certified check, or the equivalent approved by the Township Board, whichever the proprietor elects, to insure construction of all improvements, except where such deposits are required by Wayne County. The amount of deposit or bond shall be set by the Township Board based on an estimate prepared by the developer's engineer and approved by the Township Engineer. The deposit or bond shall guarantee the completion of the required improvements within a period of time specified by the Township Board from the date of the approval of the final plat. The Township Board or escrow agent with approval of the Board shall rebate to the proprietor, as the work progresses, amounts of any cash deposits equal to the ratio of the work completed to the entire project.
The abstract of title, title insurance policy or attorney's opinion and other information required by Section 245 of the Land Division Act of 1967 of the State of Michigan, as amended, shall be furnished by the proprietor before final approval of the preliminary plat by the Township Board.
All plats shall conform with the Comprehensive Plan (Master Plan) of the Township in effect at the time the plat is presented for approval.
The Township Board may grant a variance from the requirements of this chapter as follows:
A. 
Process. The process for a variance request from this chapter shall be as follows:
(1) 
Applications for any variance shall be made in writing to the Township Clerk by the developer prior to approval of the final preliminary plat. The application shall state fully and clearly all facts relied upon by the proprietor. The application shall include any required fee, and be supplemented with maps, plans, and other additional data which may aid the Planning Commission in the analysis of the requested variance.
(2) 
The request shall be forwarded to the Planning Commission. The Planning Commission shall first conduct a public hearing. Notice of the public hearing shall be posted in a newspaper of daily record and sent to landowners within 300 feet of the parcels or lots for which the variance is sought.
(3) 
Following the public hearing, the Planning Commission shall provide a recommendation to the Township Board, in accordance with the standards below.
(4) 
The Township Board shall make a decision on the request. In making its decision, the Township Board may establish requirements, time constraints or conditions that will, in its judgment, secure substantially the objectives and requirements of this chapter. The Township Board shall state the reasons for its finding or decisions as part of its official records.
(5) 
The Township Board shall have the final authority on variances, waivers or modifications of the standards of this chapter, except Wayne County must also approve any variances from county standards. Appeals of the Township Board decisions shall be to a court of law.
B. 
Variance standards. The decision on a variance request shall be based on a finding that practical difficulties result from strict compliance with specific provisions or requirements of the chapter. In making its finding, the Township Board shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance or waiver shall be recommended unless the Township Board finds that:
(1) 
There are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land.
(2) 
The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
(3) 
The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.
(4) 
The variance or waiver will not violate the provisions of the Land Division Act (Michigan Public Act 288 of 1967, as amended) nor create a violation of Chapter 285, Zoning, Chapter 205, Roads and Driveways, or any other applicable Township ordinances.
(5) 
The variance or waiver will not have the effect of nullifying the intent and purpose of this chapter and the Township Master Plan.
C. 
Variances from Chapter 285, Zoning. Variances or waivers from requirements of Chapter 285, Zoning, may be considered by the Zoning Board of Appeals where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the proprietor because of unusual topography or other physical conditions which are not self-initiated or that these conditions would result in inhibiting the achievement of the objectives of this chapter, a variance may be granted. Such variances shall be reviewed in accordance with the procedures and standards contained in Chapter 285, Zoning.
With the filing of each application, a nonrefundable application fee shall be paid to the Township, in an amount specified by resolution of the Township Board, to cover Township administration, review and inspection costs related to the subdivision.
[Added 7-22-2002]
Penalties for violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-3. The provisions of Chapter 1, Article II, Municipal Civil Infractions, also apply to violations of this chapter.