Chapter

Section

Maintenance of Property

150.01 Adoption of property maintenance code

150.02 Additions, insertions and changes

150.03 Savings clause

Maintenance of Buildings

150.10 Adoption of Building Code

150.11 Additions, insertions and changes

150.12 Savings clause

Dangerous and Unsafe Buildings

150.25 Definition

150.26 Condition declared a public nuisance

150.27 Maintaining or permitting existence of dangerous or unsafe building or structures

150.28 Right of entry for purpose of inspection

150.29 Notice of unsafe and dangerous condition

150.30 Hearing officer to serve notice

150.31 Hearings

150.32 Hearing before City Council

150.33 City may remedy condition, lien

150.34 Judicial review

150.35 Administrative liability

150.99 Penalty

That a certain document, one copy of which is on file in the Office of the City Clerk of the City of West Branch, being marked and designated as "The International Property Maintenance Code, Conference of Building Officials, and the Southern Building code Congress International, Inc.," be and is hereby adopted as the Property Maintenance Code of the City of West Branch, in the State of Michigan; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this section; with the additions, insertions, deletions and changes, if any, prescribed in §150.02.

(Ord. 226, passed 10-4-93; Ord. 255, passed 11-2-98)

That the International Property Maintenance Code, First Edition, 1998, is amended and revised in the following respects:

(A) Section 101.1 - Title. These regulations shall be known as the Property Maintenance Code of the City of West Branch, hereinafter referred to as "this code".

(B) Section 103.6 - Fees. Fees shall be billed based upon time, materials and administration expended to enforce this code.

(C) Section 303.15 - Insect Screens. During the period from March 1 to November 30 every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any such areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing devise in good working condition.

(D) Section 602.3 - Heat Supply. Every owner and operator of any building who rents, leases or lets one or more swelling unit, rooming unit, dormitory or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 1 to June 1 to maintain a temperature of not less than 65°F (18°C) in all habitable rooms, bathrooms, and toilet rooms.

(E) Section 602.4 - Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 1 to June 1 to maintain a temperature of not less than 65°F (180°C) during the period the spaces are occupied.

(Ord. 226, passed 10-4-93; Ord. 255, passed 11-2-98)

That nothing in this section or in the property maintenance code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or in any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.

(Ord. 226, passed 10-4-93)

MAINTENANCE OF BUILDING CODE

That a certain document, one copy of which is on file in the Office of the City Clerk of the City, being marked and designated as "The BOCA National Building Code, Twelfth Edition, 1993" as published by the Building Officials and code Administrators International, Inc., be and is hereby adopted as the Building Code of the City in the State of Michigan; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the BOCA National Building code, are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in §150.11.

(Ord. 225, passed 10-4-93)

That the following sections are hereby revised as follows:

(A) Section 101.0 - Title. These regulations shall be known as the Building Code of the City hereinafter referred to as "this code".

(B) Section 112.3.1 - Fee Schedule. A fee for each plan examination, building permit and inspection shall be paid in accordance with the present County of Ogemaw fee schedule.

(C) Section 116.4 - Violation Penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $500, or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(D) Section 117.2 - Unlawful Continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation of unsafe condition, shall be liable to a fine of not less than $50 or more than $500.

(E) Section 3408.2 - Applicability. Structures existing prior to July 15, 1946, in which there is work involving additions, alterations or changes of occupancy, shall be made to conform to the requirements of this section or the provisions of Section 3403.0 through 3407.0.

(Ord. 225, passed 10-4-93)

That nothing in this chapter or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in §150.11; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.

(Ord. 225, passed 10-4-93)

DANGEROUS AND UNSAFE BUILDINGS

For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning.

DANGEROUS AND UNSAFE STRUCTURES. Any building or structure which has any of the following defects or is in any of the following conditions:

(1) Whenever any door, aisle, passageway, stairway or other means of exit does not conform to the approved fire code of the City, it shall be considered that the dwelling does not meet the requirements of this subchapter.

(2) Whenever any portion has been damaged by fire, wind, flood or by any other cause in such manner that the structural strength or stability is appreciably less than it was before the catastrophe and is less than the minimum requirements of this subchapter and the building code of the City for a new building or similar structure, purpose or location.

(3) Whenever any portion or member or appurtenance is likely to fall or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(4) Whenever any portion has settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of new construction by this subchapter or the building code of the City.

(5) Whenever the building or structure or any part, because of dilapidation, deterioration, decay, faulty construction or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or for other reasons, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.

(6) Whenever for any reason whatsoever the building or structure or any portion is manifestly unsafe for the purpose for which it is used.

(7) Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral act.

(8) Whenever a building or structure used or intended to be used for dwelling purpose, because of dilapidation, decay, damage or faulty construction or arrangement or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the Health Officer, or is likely to work injury to the health, safety or general welfare of those living therein.

(9) Whenever any building becomes vacant, dilapidated and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.

(Ord. 189, passed 9-16-87)

All dangerous and unsafe structures within the terms of §150.25 are hereby declared to be public nuisances and shall be repaired, altered, vacated or demolished as provided in this subchapter.

(Ord. 189, passed 9-16-87)

It shall be unlawful to maintain or permit the existence of any dangerous and unsafe building or structure in the City; and it shall be unlawful for the owner, occupant or agent thereof, or any person in custody and/or possession of any dangerous and unsafe building or structure to permit the same to remain in a dangerous condition, or to occupy such building or permit it to be occupied while it remains in a dangerous condition.

(Ord. 189, passed 9-16-87) Penalty, see §150.99

The Building Inspector, the Fire Chief and/or the Health Officer of the City, or anyone specifically deputized therefor by one of the officers, shall enter upon any land or into any building or structure for the purpose of and to inspect, and shall inspect the same, whenever he shall have cause to believe or fear that said building, structure, shed, fence or other man-made structure is a dangerous and unsafe building or structure as defined in §150.25.

(Ord. 189, passed 9-16-87)

When the whole or any part of any building or structure is found to be in a dangerous or unsafe condition as set forth in this subchapter, the City, through its Building Inspector, Fire Chief and/or Health Officer, shall issue a notice of unsafe and dangerous condition.

(A) Notice of unsafe and dangerous condition shall be directed to the owner or agent registered with the City. If no owner or agent has been registered, then the notice of unsafe and dangerous condition shall be directed to each owner of or party in interest in the building or structure in whose name the property appears on the last local tax assessment records.

(B) Notice of unsafe and dangerous condition shall specify the time and place of a hearing on the condition of the building or structure at which time and place the person to whom the notice of unsafe and dangerous condition is directed shall have the opportunity to show cause why the building or structure should not be ordered to be demolished or otherwise made safe.

(C) It shall be imperative that the time and place of a hearing shall be contained within the notice of unsafe and dangerous condition. The person to whom such notice of unsafe and dangerous condition is directed need not make any demand for the hearing provided in this subchapter.

(Ord. 189, passed 9-16-87)

A hearing officer shall be appointed by the City Council, on the recommendation of the City Manger, to serve at the pleasure of the City Council.

(A) When a notice of unsafe and dangerous condition is issued, the officer so issuing that notice, whether he be the Building Inspector, Fire Chief and/or Health Officer of the City, shall file a copy of the said notice of unsafe and dangerous condition with the Hearing Officer.

(B) Service of the notice of unsafe and dangerous condition, or of any other notice made by the City officer pursuant to this subchapter may be made in the following manner:

(1) By personally delivering a copy of the notice to the person or persons to whom it is directed within the City.

(2) By delivering a copy of the notice by registered mail, address to the last known post office address of the addressee, and deliverable to the addressee only, with return receipt demanded, which service by registered mail shall be considered personal and not substituted service.

(3) If a person to whom the notice is directed cannot be found or does not have a known post office address or is not a resident of this City, then service of the notice may be made by publication in a newspaper published or circulating in the County in which the property or premises described in the notice is situated, once in each week for three successive weeks, the last publication to be made at least ten days before the date of performance specified in the notice.

(Ord. 189, passed 9-16-87)

At the hearing, the hearing officer shall take testimony of the officer who caused the notice of unsafe and dangerous condition to be issued, and/or his representatives, and the owner of the property and any interested party.

(A) The hearing officer shall render his decision by either closing the proceedings or ordering the building or structure to be demolished or otherwise made safe.

(B) If the hearing officer determines that the building or structure should be demolished, or otherwise made safe, he shall so order the same, fixing a time in the order for the owner or agent to comply therewith.

(C) Should the owner or agent fail to appear or neglect or refuse to comply with the order of the hearing officer, the hearing officer shall file a report of his findings and a copy of his order with the City Council, and request that the necessary action be taken to demolish or otherwise make safe the building or structure.

(D) A copy of the report and order of the hearing officer shall be served on the owner or agent of the building or structure in question, in the manner as heretofore set forth.

(Ord. 189, passed 9-16-87)

If a report is filed pursuant to §150.29, the City Council shall conduct a hearing, reviewing the findings, report and order of the hearing officer.

(A) A date, time and place shall be fixed for the City Council hearing, reviewing the findings, report and order of the hearing officer.

(B) Notice of the time and place of the City Council hearing shall be given to the owner or agent in the manner as heretofore set forth, at least ten days prior to such City Council hearing.

(C) At the City Council hearing, the owner or agent shall be given the opportunity to show cause why the building or structure in question shall not be demolished or otherwise made safe.

(D) The City Council, by an absolute majority vote of all its members shall either approve, disapprove or modify the order of the Hearing Officer for the demolition or making safe of the building or structure in question.

(E) The officer of the City, upon the issuance of the final decision or order of the City Council, may make and file for record in the office of the County Register of Deeds in which the land, building or premises described in the order is situated a notice of pendency of proceedings under the order, which filing shall be constructive notice to subsequent grantees, mortgagees, tenants or other occupants of the lands of the pendency of abatement proceedings as well as of court proceedings which shall later be instituted as provided in this act, and the order and court proceedings shall not be affected by a subsequent transfer of ownership, possession, or encumbrance of the lands, building or premises.

(F) In case the title to any lands upon which a building constituting an unsafe and dangerous condition is situated should become vested in the State or any political subdivision of this State, or any department, board or other agency thereof, either before or after the issuance of the final decision or order of the City Council, such building or fire hazard shall be subject in all cases to the provisions of this subchapter.

(Ord. 189, passed 9-16-87)

In the event that the City performs or causes to be performed the demolition or making safe of such buildings or structure there shall be a lien against the real property and it shall be reported to the Assessing Officer of the City.

(A) The Assessing Officer of the City shall assess the cost of demolition or repair against the property on which the building or structure in question is located.

(B) The owner or party in interest in whose name the property appears upon the last tax assessment records of the City shall be notified of the amount of such cost by first class mail at the address shown on the records. If he fails to pay the same within 30 days after mailing by the Assessor of the notice of the amount thereof, the Assessor shall add the same to the next tax roll of the City and the same shall be collected in the same manner and in all respects as provided by law for the collection of taxes by the City.

(Ord. 189, passed 9-16-87)

An owner or party in interest aggrieved by any final decision or order of the City Council, under §150.32, may appeal the decision or order of the City Council to the County Circuit Court, by filing a petition for an order of superintending control within 20 days from the date of the decision of the City Council.

(Ord. 189, passed 9-16-87)

No officer, agent or employee of the City shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this subchapter. Any suit brought against any officer, agent or employee of the City as a result of any act required or permitted in the discharge of his duties under this subchapter shall be defended by the City until the final determination of the proceedings as set forth in this subchapter.

(Ord. 189, passed 9-16-87)

(A) The owner, agent or a party in interest of any dangerous or unsafe structure who shall violate §§150.25 through 150.35 and fail to comply with any notice or order to repair, alter, vacate or demolish said building or structure shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding $500 for each offense and further sum of $25 for each and every day such failure to comply continues beyond the date fixed for compliance.

(Ord. 189, passed 9-16-87)

Section

General Provisions

151.001 Title

151.002 Purpose

151.003 Statutory authorization

151.004 Interpretation

151.005 Scope

151.006 Definitions

151.020 Pre-preliminary plat

151.021 Preliminary plat; tentative approval

151.022 Final approval of preliminary plat

151.023 Final plat

Design Standards for Subdivision Planning

151.035 Intent

151.036 Streets and alleys

151.037 Utility and drainage easements

151.038 Lots

151.039 Blocks

151.040 Pedestrian ways

Required Improvements

151.050 Required financial guarantee arrangements

151.051 Utilities and improvements

151.052 Completion and acceptance for maintenance

Public Reservations and Special Developments

151.065 Public sites and open spaces

Lot Splitting

151.075 Submittal and review

151.076 Duties of City Assessor

151.077 Payment of taxes and special assessments

Fees, Charges and Deposits

151.090 Preliminary plat fees

151.091 Final plat fees

151.092 Lot split fees

Administration

151.105 Variances

151.106 Engineering design standards

151.999 Penalty

This chapter shall be known as the City Subdivision Control Regulations.

(Ord. 119, passed 11-4-74)

The regulations contained in this chapter have been enacted to provide for the orderly growth and harmonious development of the community; to secure adequate traffic circulation through coordinated street systems with relation to major street, adjoining subdivision and public facilities; to achieve individual property lots of maximum utility and livability; to secure adequate provisions for water supply, drainage and sanitary sewage and other health requirements; to secure adequate provisions for recreational areas, school sites and other public facilities; and to provide logical procedures for the achievement of these purposes.

(Ord. 119, passed 11-4-74)

The regulations contained in this chapter are to be interpreted and enforced by the City Council pursuant to the authority granted the municipality by the State of Michigan in the Subdivision Control Act, Act 288, as amended, of the Public Acts of 1967.

(Ord. 119, passed 11-4-74)

The provisions of the regulations contained in this chapter shall be held to be the minimum requirements adopted for the promotion and preservation of public health, safety and general welfare within the City. These regulations are not intended to repeal, abrogate, annual or in any manner interfere with existing regulations or laws of the City, nor conflict with any statutes of the State or the County, except that these regulations shall prevail in cases where these regulations impose a greater restriction than is provided by existing statutes, laws or regulations.

(Ord. 119, passed 11-4-74)

Subsequent to the effective date of this chapter, plat which fail to conform with the regulations contained in this chapter shall not be approved by the City.

(Ord. 119, passed 11-4-74)

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. For the purpose of this chapter all definitions used in the Subdivision Control Act of 1967, and all applicable administrative regulations regarding that act, shall have the same meaning when employed herein.

ALLEYS. A strip of land dedicated to public use, generally for the purpose of providing vehicular access to the rear of properties to which the principal access is provided by an abutting street.

BUILDING LINE. A line established in a plat for the purpose of prohibiting construction of any portion of a building or structure between such line and any easement, right-of-way or other public area.

CUL-DE-SAC. A short minor street with only one end open to vehicular traffic and being permanently terminated at the other and by a vehicle turn-around.

DEAD-END STREET. A street with only one end open to vehicular traffic and not provided with a vehicle turn-around at the other end.

EASEMENT. A grant by the property owner of the use of a strip of land by the public, a corporation or private person or persons for a specific purpose or purposes.

FLOOD PLAIN. That area of land adjoining the channel of a river, stream, water course, lake or other similar body of water which will be inundated by a flood which can reasonably be expected for that region.

IMPROVEMENT. Any additions to the natural state of the land which increases its value, utility or habitability. Improvements include street pavements, (with or without curbs) and gutters, sidewalks, water mains, storm and sanitary sewers, street trees and other appropriate and similar items.

LOCAL STREET. A street intended primarily to provide access to abutting property.

LOT. A portion of a subdivision or other parcel of land intended to be a unit for transfer of ownership or for development.

MAJOR STREET. A street or highway used primarily for fast or heavy traffic, including expressways, freeways, boulevards and highways in the state system.

OUTLOT. When included within the boundary of a recorded plat, means a lot set aside for purposes other than a building site, park or other land dedicated to public use or reserved for private use.

PARCEL. A unit of land under one ownership.

PLAT. A map or chart of a subdivision of land.

(1) Pre-preliminary plat. A sketch plan of a proposed subdivision at sufficient accuracy and scale to serve the purposed of procedure as set forth in this chapter.

(2) Preliminary plat. A map showing the salient features of a proposed subdivision submitted to the City Council for purposes of preliminary consideration.

(3) Final plat. A map of all or part of a subdivision prepared and certified as to its accuracy by a registered engineer or land surveyor. Such map must meet the requirements of this chapter and of the Subdivision Control Act, Act 288, Public Acts of 1967, as may be amended.

PUBLIC RESERVATIONS. A portion of a subdivision which is set aside for public use and made available for public use and made available for public acquisition.

RESERVE STRIP. A strip of land in a subdivision which extends across the end of a street proposed to be extended by future platting or a strip which extends along the lengths of partial width street proposed to be widened by future platting, to the minimum permissible width.

STREET. A right-of-way dedicated deeded for public use, other than an alley, which provides for vehicular and pedestrian traffic.

SUBDIVIDED or SUBDIVISION. The partitioning or dividing of a parcel or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale, or lease of more than one year, or of building development, where the act of division creates five or more parcels of land each of which is ten acres or less in area; are created by successive divisions within a period of ten years.

SUBDIVIDER or PROPRIETOR. A natural person, firm association, partnership, corporation or combination of any of these which may hold any ownership interest in land, whether recorded or not.

ZONING ORDINANCE. The Zoning Ordinance of the City of West Branch, Ogemaw County, Michigan, adopted on March 16, 1970, as amended, and which is now in effect as the zoning code, as set out in Chapter 153.

(Ord. 119, passed 11-4-74)

PLAT PREPARATION AND FILING

The purpose of the pre-preliminary plat is to provide the proprietor with an opportunity to avail himself of the advise and assistance of the City Council, City Engineer and the many other agencies involved in subdividing, prior to preparing a preliminary plat and its submission for approval. Nothing in this section, however, shall be construed as to require the submittal of a pre-preliminary plat. Review at this stage shall not constitute any approval of the proposed preliminary plat but shall serve primarily as guidance to the prospective proprietor. any proprietor may elect to begin subdividing by submitting a preliminary plat in accordance with the provisions of this chapter.

(A) Submittal. The proprietor shall submit to the City Clerk, at least five days prior to a City Council meeting, ten copies of the Pre-preliminary plat. The City Council shall promptly refer the plat to the City Engineer.

(B) Suggested information. The following information shall be shown on the Pre-preliminary plat or submitted with it:

(1) The sketch plat shall be at a scale no less than 200 feet to one inch, a scale of 100 feet to one inch is preferred.

(2) Names and addresses of the proprietor, owner proprietor and the planners, designer, engineer or surveyor who prepared the sketch plan.

(3) An overall map at a scale not less than one inch to 2,000 feet showing the relationship of the subdivision to its surroundings, such as existing road rights-of-way, existing buildings, water courses, railroads, marshes, nearby public spaces and other physical features on and adjacent the tract.

(4) Location and road rights-of-way of proposed streets, alleys, easements, parks, open spaces and lot lines.

(5) All parcels of land proposed to be dedicated to public use and conditions of the dedication.

(6) Date, cardinal points and scale.

(7) Zoning on and adjacent to the tract.

(8) Site data, including number of lots, typical lot size, acres in parks, and the like.

(9) The proprietor shall furnish the City Council with a statement indicating the proposed use to which the subdivision will be put, along with a description of the type of residential buildings and number of dwelling units contemplated or the type of business so as to reveal the effect of the development on traffic, fire hazards or congestion of population. Such proposed uses may not be in conflict with the zoning ordinance.

(10) Other related data as the City Council deems necessary.

(11) If the proprietor has an interest or owns any parcel identified as "outlots" or "excepted," the pre-preliminary plat shall indicate how this property could be developed in accordance with the requirements of the existing zoning district in which it is located and with an acceptable relationship to the layout of the proposed pre-preliminary plat.

(C) Procedures. The City Council shall employ the following procedures:

(1) The City Council shall review all details of the proposed subdivision within the framework of the Zoning Ordinance within the standards of this subdivision control regulations.

(2) After reviewing comments of the City Engineer and any other persons or agencies who have been provided copies of the pre-preliminary plat, the City Council shall make appropriate comments and suggestions concerning the proposed development. The City Council shall retain one copy of the pre-preliminary plat which shall become a matter of permanent record in the City Council's files and the proprietor shall receive a marked up copy of the pre-preliminary plat with any suggested changes.

(Ord. 119, passed 11-4-74)

Tentative approval under this section shall confer upon the proprietor for a period of one year from date, approval of lot sizes, lot orientation and street layout. Such tentative approval may be extended at the option of the City Council for a period of one year, if applied for by the proprietor and granted by the City Council in writing.

(A) Submittal. The proprietor shall submit ten copies of the preliminary plat and other data to the City Clerk at least 20 days before a meeting of the City Council and copies shall be distributed to:

(1) City Clerk retains two copies.

(2) Two copies are sent to the City Engineer.

(3) One copy to each member of the City Council.

(4) School Board of Superintendent of the School District having jurisdiction in the area concerned.

(B) Information required. The following information shall be shown on the preliminary plat or submitted with it:

(1) Proposed name of subdivision.

(2) Location of the subdivision giving the numbers of section, township and range, or by other legal description.

(3) Names and addresses of the proprietor, owner proprietor, and the planner, designer, engineer or surveyor who prepared the preliminary plat.

(4) The names of abutting subdivisions, layout of streets, indicating street names, right-of-way widths and connections with adjoining platted streets, the widths and location of alleys, easements and public walkways and lot layouts.

(5) The preliminary plat shall be at a scale of 200 feet to one inch or larger.

(6) Date, cardinal points and scale.

(7) A map of the entire area, schedules for development, if the proposed plat is a portion of a larger holding intended for subsequent development.

(8) Layout, numbers and dimensions of lots.

(9) Indication of parcels of land intended to be dedicated or set aside for public use or for the use of property owners in the subdivision.

(10) Location of any existing and proposed sanitary sewers, water mains, storm drains and other underground facilities.

(11) A site report, if the proposed subdivision is not to be served by public sewer and water systems, as described in the rules of the State Department of Public Health.

(12) Contours shall be shown on the preliminary plat at five-foot intervals where slope is greater than 10% or less. Topography to be based on U.S.G.S. datum.

(13) The proprietor shall submit preliminary engineering plans for streets, water, sewers, sidewalks and other required public improvements. The engineering plans shall contain enough detail to enable the City Engineer to make preliminary determination as to conformance of the proposed improvements to applicable municipal regulations and standards.

(C) Procedures.

(1) The City Clerk shall place the preliminary plat on the agenda of the next regular meeting of the City Council.

(2) The City Council shall review the preliminary plat and the comments of the City Engineer and other interested parties and, if the plat meets all requirements shall:

(a) Find that all conditions have been satisfactorily met and grant tentative approval of the preliminary plat. The City Council shall record their approval on the plat (signed by the City Clerk) and return one copy to the proprietor.

(b) If the preliminary plat does not meet all requirements, the City Council shall notify the proprietor by letter, giving the earliest date for resubmission of the plat and additional information required.

(c) If no action is taken within 60 days, the preliminary plat shall be deemed to have been approved by the City Council.

(d) The proprietor upon receiving tentative approval from the City Council shall submit the preliminary plat to all authorities as required by sections 113 to 119 of the Subdivision Control Act, Act 288, Public Acts of 1967.

(Ord. 119, passed 11-4-74)

Final approval of the preliminary plat under this section shall confer upon the proprietor for a period of two years from date of approval, the conditional right that the general terms and conditions under which preliminary approval was granted will not be changed. The two year period may be extended if applied for by the proprietor and granted by the City Council in writing. Written notice of the extension shall be sent by the City Council to the other approving authorities.

(A) Submittal. Ten copies of the preliminary plat for final approval shall be submitted to the City Clerk who forwards it to the City Council for its action.

(B) Information required. The following information shall be shown on the preliminary plat or submitted with it:

(1) A list of all required approving authorities to the City Clerk, certifying that the list shows all authorities as required.

(2) Submit copies of the approval to the City Clerk after all necessary approvals have been secured.

(3) Copy of the receipt from the City Treasurer that all fees, as provided in this chapter, have been paid.

(4) Engineering inspection fees, and other charges and deposits provided for in this chapter.

(5) Copies of the proposed protective covenants and deed restrictions.

(C) Procedures. The City Council, after receipt of the necessary approved copies of the preliminary plat, shall:

(1) Consider and review the preliminary plat at its next meeting, or within 20 days from the date of submission, and approve it if the proprietor has met all conditions laid down for approval of the preliminary plat.

(2) Instruct the City Clerk to promptly notify the proprietor of approval or rejection in writing, and if rejected, to give the reasons.

(3) Instruct the City Clerk to note all proceedings in the minutes of the meeting, which minutes shall be open for inspection.

(4) No construction of improvements shall be commenced by the subdivider until he has:

(a) Received notice of final approval of the Preliminary Plat by the City Council; and

(b) He has entered into a subdivision agreement with the City for construction of all required subdivision improvements; and

(c) Has deposited with the City a performance guarantee and cash performance bond. Escrow shall be as required under this chapter.

(Ord. 119, passed 11-4-74)

Following the final approval of the preliminary plat by the City Council, the proprietor shall cause a survey and a true plat thereof to be made by a registered land surveyor.

(A) Submittal. Final plat shall be submitted to the City Clerk. A final plat shall not be accepted after the date of expiration of the preliminary plat approval.

(B) Information required. The final plat of subdivided land shall comply with the provisions of survey and mapping requirements cited in the Subdivision Control Act, Act 288, Public Acts of 1967.

(1) An abstract of title certified to date of the proprietor's certificate to establish recorded ownership interests and any other information deemed necessary for the purpose of ascertaining whether the proper parties have signed the plat, or a policy of title insurance currently in force, covering all of the land included within the boundaries of the proposed subdivision. The City Council, in lieu of an abstract of title, may accept on its own responsibility an attorney's opinion based on the abstract of title as to ownership and marketability of title of the land.

(C) Procedures.

(1) The final plat shall be reviewed by the City Engineer as to compliance with the approved preliminary plat and plans for utilities and other improvements.

(2) The Final plat shall be reviewed by the City Attorney who shall prepare any necessary agreements to guarantee the construction or installation of improvements as provided in this chapter.

(3) The City Council shall review all recommendations and take action of the final plat within 20 days.

(4) The City Council shall require all improvements and facilities to be constructed or require a bond in lieu of construction of facilities prior to approving the final plat.

(5) Upon the approval of the final plat by the City Council, the subsequent approvals shall follow the procedure set forth in the Subdivision Control Act, Act 288, Public Acts of 1967. If disapproved, the City Council shall give the proprietor its reasons in writing.

(6) The City Council shall instruct the Clerk to record all proceedings in the minutes of the meeting, which shall be open for inspection and to sign the municipal certificate of the approved plat in behalf of the City Council.

(7) It is the responsibility of the proprietor to furnish four additional copies of the final plat to the required agencies in accordance with the Subdivision Control Act.

(Ord. 119, passed 11-4-74)

DESIGN STANDARDS FOR SUBDIVISION PLANNING

The design standards as set forth in this subchapter are intended as a guide to sound land planning and are the minimum standards for subdivision development in the City.

(Ord. 119, passed 11-4-74)

The specifications herein set forth are to be the standards adopted for the width and location of all highways, streets and alleys which may hereafter be platted or accepted within the City.

(A) Layout. The layout of proposed streets shall provide for the continuation of existing streets in surrounding areas and/or shall conform to a plan for the neighborhood approved by the City Council in cases where topographical or other conditions preclude the continuation of existing streets. In general, such streets shall be of width as great as that of the street so extended. Local residential streets shall be laid out as to discourage their use by through traffic.

(B) Private streets and alleys. Private streets and alleys shall not be permitted, but rather all streets and alleys shall be dedicated to the public.

(C) Access to property. A plat shall not be approved which is isolated from or which isolates other lands from existing public streets, unless suitable access is provided.

(D) Intersections. Intersecting streets shall be laid out so that the intersection angle is as nearly possible to 90°. Streets converging at one point shall be reduced to the least practicable number.

(E) Half streets. Half streets shall not be permitted. Wherever there already exists a dedicated and recorded half-street or half-alley on an adjoining plat, and such half-street or half-alley cannot be vacated, the other half shall be dedicated on the proposed plat to make the street or alley complete.

(F) Dead-end streets. When adjoining areas are not platted, the arrangement of certain streets in new subdivisions shall be extended to the boundary line of the tract to make provision for the future projection of streets into adjacent areas. A one-foot public reserve may be required to be placed between stub streets and subdivision boundaries. These reserves shall be deeded in fee simple to the City for future street purposes.

(G) Alleys. Alleys shall not be permitted in residential areas, but may be permitted or required in commercial or industrial areas for the purpose of service access, such as for off-street parking and loading.

(H) Street names. Street names shall not be permitted which might cause confusion for purposes of assessing, mail delivery, or locating by the public with names of existing streets in or near the City. Streets that will be continuations of existing streets shall be called by the same names of such existing streets.

(I) Building lines and setback lines. Building the lines shall conform to the requirements of the zoning ordinance.

(J) Street alignment.

(1) (a) Minimum horizontal centerline radii of curvature shall be:

1. Major streets, 450 feet radius (35 miles per hour).

2. Local streets, 250 feet radius (25 miles per hour).

(b) A minimum 50-foot tangent shall be introduced between reverse curves on local streets, 100 feet on major streets except that upon recommendation of the City Engineer an exception may be granted by the City Council.

(2) Visibility requirements:

(a) Minimum vertical visibility (measured from 4-1/2-foot eye level to 18-inch tall light) shall be:

1. 350 feet on major streets.

2. 300 feet on secondary streets.

3. 200 feet on local streets.

4. 100 feet on local streets less than 500 feet in length.

(b) Minimum horizontal visibility, as measured on center line, shall be:

1. 200 feet on major streets.

2. 100 feet on local streets.

3. 100 feet on minor streets.

(3) Street jogs. Street jogs with centerline off-sets of less than 150 feet shall be avoided.

(4) Intersections. Curved streets intersecting with major or local streets shall do so with a tangent section of centerline 100 feet in length measured from the right-of-way line of t he major or local thoroughfare except that upon recommendation of the City Engineer an exception may be granted by the City Council.

(K) Street grades. Profiles may be required on all streets as the discretion of the City Engineer. The minimum gradient and maximum gradient shall be upon the recommendation of the City Engineer.

(L) Surface drainage. Adequate and safe disposal of all yard drainage shall be provided in accordance with details and specifications prescribed by the City Engineer.

(M) Street right-of-way widths. Street right-of-way widths shall conform to at least the following minimum requirements:

(N) Cul-de-sacs. Maximum length for residential cul-de-sacs shall not exceed 600 feet and shall terminate in a circle 120 feet in diameter. Maximum length of industrial cul-de-sac streets may exceed 600 feet subject to the approval of the City council and shall terminate in a circle 150 feet in diameter.

(Ord. 119, passed 11-4-74) Penalty, see §151.999

(A) Drainage easements shall be provided, which conform substantially with the lines of any natural water course, drainage ditch, channel or stream. Such easements shall be of adequate width for the particular conditions of the site. The City Engineer may, if he considers such requirement necessary to the proper development of the subdivision and the circulation of local traffic, require that the drain, if within a public right-of-way, will be tiled and fully enclosed.

(B) Except where alleys are provided for the purpose, a private utility easement, not less than 12 feet in width, with six feet located on each side of the property line, shall be provided along rear or side lot line. Utility easements six feet in width are permissible along rear property lines, in cases where such rear property lines abut unplatted land.

(Ord. 119, passed 11-4-74) Penalty, see §151.999

The size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Lots shall be of such size as to permit a variety of housing types, to provide side yards for desirable access, light, air, privacy, and safety from fire hazards, and to provide for setbacks from the street line and allow sufficient space for household purposes.

(A) Access. All lots shall abut upon their full frontage on a dedicated public street. Lots, other than corner lots, shall not be permitted to abut two streets.

(B) Depth. No lot shall be less than 120 feet in depth. The depth of a lot may not exceed a depth to width ratio of 2-½ to 1.

(C) Corner lot. Corner lots in single-family plats shall be provided with an extra 15 feet of width to permit the maintenance of the minimum front building setback lines on both the front and side street lines.

(D) Side lot lines. Side property lines of lots shall generally be perpendicular or radial to street lines except where, in the opinion of the City Council, a better lotting plan can be achieved. Side and rear property lines should be straight, except as otherwise agreed to by the City.

(E) Area. The area and width of lots shall be in accordance with the m minimum Zoning Ordinance requirements for the district in which the plat is proposed.

(F) Industrial and commercial lots. Not lot or parcel zoned industrial or commercial shall be platted unless such lot or parcel be sufficient in size as to provide area for off-street parking and loading in accordance with the requirements of the Zoning Ordinance.

(G) Large lots. In case a tract is subdivided into parcels containing over one acre in area, such parcels shall be arranged to allow the resubdivision of any parcels into smaller lots in accordance with the provisions of these subdivision control regulations.

(H) Land subject to flooding. Any areas of land within the proposed subdivision which are subject to flooding or inundation by storm water shall be clearly shown on the final plat. Such land shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property, or unduly aggregate the flood hazard.

(Ord. 119, passed 11-4-74) Penalty, see §151.999

The size and shape of blocks shall be appropriate for the type of lots and land use proposed. Blocks shall be designed so as to permit good lot orientation, safe street design and economical use of the land.

(A) Maximum length. Maximum length of blocks, measured between intersecting street centerlines, shall not exceed 1,320 feet. This maximum may be exceeded where lot sizes average over 20,000 square feet, except that in no case however, may the maximum block length exceed 1,800 feet.

(B) Minimum length. Minimum block length, measured as above, shall not be less than 500 feet.

(C) Width. Width of blocks shall be equal to the total depth of two tiers of lots and shall not be less than 240 feet.

(Ord. 119, passed 11-4-74) Penalty, see §151.999

(A) Crosswalks. Right-of-way for pedestrian crosswalks in the middle of blocks exceeding 1,000 feet in length may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas. The right-of-way shall be at least 15 feet wide and extend entirely through the block.

(B) Surfacing. The walkway surface shall be five feet in width, and constructed to meet City concrete sidewalk specifications. The balance of the easement shall be sodded to meet City specifications.

(Ord. 119, passed 11-4-74) Penalty, see §151.999

REQUIRED IMPROVEMENTS

(A) The proprietor shall be required to provide financial security in one or a combination of the following arrangements, whichever the proprietor elects.

(1) Performance bond. A performance or surety bond to cover the costs of the contemplated improvements as estimated by the City shall be filed with the City Treasurer. These bonds shall specify the time period in which the improvements are to be completed and shall be with an acceptable bonding company authorized to do business in the State.

(2) Escrow fund. A cash deposit, or deposit by certified check sufficient to cover the cost of the contemplated improvements as estimated by the City shall be deposited with the City Treasurer. The escrow deposit shall be for the estimated time period necessary to complete the required improvements.

(3) Irrevocable letter of credit. An irrevocable letter of credit issued by a bank authorized to do business in the State in an amount to cover the cost of the contemplated improvements as estimated. The City Council shall rebate or release to the proprietor, as the work progresses, amounts equal to the ratio of the completed and accepted work to the entire project.

(B) In case the subdivider shall fail to complete the required public improvements work within such time period as required by the conditions or guarantees as outlined in division (A) of this section, the City Council may proceed to have such work completed and reimburse itself for the cost thereof by appropriating the cash deposit, certified check, surety bond or by drawing upon the letter of credit, or shall take the necessary steps to require performance by the bonding company.

(C) The proprietor shall place cash in escrow for sanitary sewer infiltration testing, water main testing and chlorination, traffic name and traffic-control signs.

(D) Prior to the acceptance by the City of improvements, a one-year maintenance bond in an amount equal to 35% of the total cost shall be deposited by the proprietor.

(Ord. 119, passed 11-4-74)

The improvements set forth under this subchapter are to be considered as the minimum acceptable standard. Those improvements for which standards are not specifically set forth shall be established by the City Council with assistance from the City Engineer. The current M.D.S.H. and State Health Department requirements will also be applicable.

(A) Street pavement. Street improvements shall be provided by the proprietor in accordance with standards and specifications of the City Engineer and the following schedule:

(B) Storm drainage. All streets shall have enclosed storm drainage sewers in accordance with standards and specifications prescribed by the City Engineer. Where County drains are included in the proposed plat a letter or document of approval shall be submitted by the proprietor from the County Drain Commissioner and other public agencies that have jurisdiction.

(C) Sanitary sewage system. A public sanitary sewer system shall be constructed and the sewer size, type, grade and other appurtenances of the system shall be constructed in conformance with the standards and specifications prescribed by the City Engineer.

(D) Water system. A public water supply system shall be required and water mains, fire hydrants and necessary water system appurtenances shall be constructed in such a manner as to adequately serve all lots shown on the plat both for domestic use and fire protection. Standards and specifications shall be prescribed by the City Engineer.

(E) Curbs and gutters. Roll or batter curbs shall be constructed on all streets shown on the plat in accordance with standards and specifications of the City Engineer.

(F) Sidewalks. Concrete sidewalks shall be constructed along both sides of all streets shown on the plat including major and secondary streets. Where the average width of lots, as measured at the building setback line, is over 100 feet, sidewalks shall be required on one side only and provided further that sidewalks may not be required along commercial or industrial service streets. Sidewalks where constructed shall be five feet in width and shall be placed one foot off the property line. Sidewalks shall be constructed in accordance with standards and specifications prescribed by the City Engineer.

(G) Trees. Street trees shall be planted between curb and sidewalk in accordance with the following schedule for all residential lots:

(1) Lots with street frontage of 65 feet or less shall have a minimum of one tree.

(2) Lots with street frontage of 120 feet or more shall have a minimum of two trees per lot.

(3) Minimum tree size shall be 1-1/2 to two inches in diameter as measured six inches above the ground.

(4) The selection of variety, spacing and planting of all trees shall be done in accordance with standards and specifications of the City.

(H) Street signs. For the proper identification of streets, the proprietor shall provide and erect street signs and traffic-control signs meeting the standards of the City and State.

(I) Street lights. Street lights shall be provided in accordance with standards and specifications of the Consumers Power Company.

(J) Underground wiring. The proprietor shall make arrangements for all lines for telephone, electric, television and other similar services distributed by wire or cable to be placed underground entirely throughout a subdivided area, (except for major street right-of-way, if in agreement with the utility company and the City Engineer) and such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways, provided only that overhead lines may be permitted upon written recommendation of the City Engineer and the approval of the City Council at the time of final plat approval where it is determined that overhead lines will not constitute a fare, plat design and character of the subdivision. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All these facilities shall be constructed in accordance with standards of construction approved by the Michigan Public Service Commission. All drainage and underground utility installations which traverse privately owned property shall be protected by easements granted by the proprietor.

(Ord. 119, passed 11-4-74) Penalty, see §151.999

(A) Certification by the developer's engineer. The proprietor's engineer shall furnish the City a letter or document indicating satisfactory completion of the required improvements.

(B) Inspection by the proprietor's engineer and the City Engineer. After the completion of the construction of the streets and other related facilities, the City Engineer will conduct a final inspection. This inspection shall be made in conjunction with the proprietor's Engineer to assure the subdivision is completed according to the approved plans and specifications.

(C) Partial acceptance. In no case will a partial acceptance of any street in the subdivision be made for maintenance.

(Ord. 119, passed 11-4-74) Penalty, see §151.999

PUBLIC RESERVATIONS AND SPECIAL DEVELOPMENTS

(A) Where a site for a park, playground, school, library, fire station or other public use is deemed necessary by the City Council to fulfill its objectives, the Council may require the reservation of such areas within the subdivision.

(1) Upon determination by the respective public agency that space for the public facility is required, the agency involved shall within 90 days enter into an agreement to purchase the site.

(2) Acquisition of the site shall be accomplished within three years.

(B) Reservation of other public open spaces may be required where deemed necessary by the City Council for preservation of historic sites and scenic areas or for a particular type of development proposed in the subdivision.

(C) Dedication of greenbelts or buffer parks may be required by the City Council in areas where they are desirable to separate and protect residential subdivisions from adjacent commercial developments, highways, streets and railroads or any obnoxious use.

(Ord. 119, passed 11-4-74)

LOT SPLITTING

Any person desiring a lot split within a platted area shall submit to the City Assessor written application for splitting, and five copies of the lot split. In addition he shall deposit the necessary fee as provided in §§151.090 through 151.092.

(Ord. 119, passed 11-4-74)

The City Assessor shall review the proposed lot split to determine its compliance with the applicable City Ordinance, and with Act 288, Public Acts, 1967. If the resultant split is in conformance with these conditions, the City Assessor shall have the authority to authorize the requested lot splits.

(Ord. 119, passed 11-4-74)

No lot shall be split until all taxes and special assessments have been paid. A receipt of payment must be submitted with the proposed lot split plan.

(Ord. 119, passed 11-4-74)

FEES, CHARGES AND DEPOSITS

At the time of submission of the preliminary plat, and prior to consideration of review thereof by the City, the proprietor shall deposit a review fee with the City Clerk, the fee to be computed as follows:

(A) In the case of a subdivision of one-family lots, in such amounts as may be established by the City from time to time;

(B) In the case of residential subdivision designed to contain at least in part, lots for residential buildings other than one-family residencies, in such amounts as may be established by the City from time to time; or

(C) In the case of a commercial or industrial subdivision or any subdivision intended to contain no residential lots, in such amounts as may be established from time to time.

(Ord. 119, passed 11-4-74)

At the time of submission of the final plat, the proprietor shall deposit with the City fees computed as follows:

(A) A fee, in such amounts as may be established by the City from time to time or such other amount as may hereafter be provided by statute;

(B) Such fees and charges for water and sewer connections, inspection fees, fee for special meeting of governmental agencies, engineering fees for field work on site, and other official fees and charges in such amounts as may be established by the City from time to time; and

(C) Such fees, charges or deposits as may be required pursuant to Section 125, 182, 188, or 192 of Act 288, Public Acts of Michigan of 1967.

(Ord. 119, passed 11-4-74)

A fee in such amounts as may be established by the City from time to time shall be required to review all proposed lot splits.

(Ord. 119, passed 11-4-74)

The City Council may consider variances from the provisions of this Chapter on a finding that application of such provision or requirement is impracticable. In making its findings, as required herein below, the City Council 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 shall be granted unless the City Council finds after a public hearing:

(A) There are such special circumstances or conditions affecting said property that the strict application of the provisions of this Chapter would clearly be impracticable or unreasonable. In such cases the subdivider shall first state his reasons in writing as to the specific provision or requirement involved and submit them to the City Council.

(B) The granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated.

(C) The variance will not violate the provisions of the State Subdivision Control Act.

(Ord. 119, passed 11-4-74)

The engineering design standards for regulating subdivision within the City shall be provided by the City Engineer.

(Ord. 119, passed 11-4-74)

Violation of this chapter is a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code of Ordinances. Each day such violation shall exist shall constitute a separate offense.

(Ord. 119, passed 11-4-74; Am. Ord. 01-04, passed 6-18-01)