Municipal Code
CHAPTER 1225 Subdivision Regulations
1225.01 Title.
1225.02 Purpose.
1225.03 Application; interpretation; authority.
1225.04 Definitions.
1225.05 Submission of preliminary plat for tentative
approval.
1225.06 Review of preliminary plat for tentative
approval.
1225.07 Submission of preliminary plat for final
approval.
1225.08 Review of preliminary plat for final approval.
1225.09 Submission of final plat for final approval.
1225.10 Review of final plat for final approval.
1225.11 Land divisions not requiring platting.
1225.12 Variances.
1225.13 Lot split fees.
1225.14 Separability.
1225.99 Penalty.
CROSS REFERENCES
Approval of plats; street system - see M.C.L.A. 125.43
Regulations governing subdivision of land; bond to
secure improvement;
publication of regulations - see M.C.L.A. 125.44
Approval or disapproval of plats; procedure; effect -
see M.C.L.A. 125.45
Approval of plats prior to filing - see P. & Z. 1220.10
Adoption of regulations re subdivision of land; bond
required to secure
construction of improvements - see P. & Z. 1220.11
Planning Commission action on plats; hearings; effect on
Master Plan and
Zoning Code - see P. & Z. 1220.12
Engineering design standards - see P. & Z. Ch. 1228
1225.01 TITLE.
This chapter shall be known as the "Village of Franklin
Subdivision Control Ordinance" and shall be referred to
herein as "these Subdivision Regulations" or just "these
Regulations."
(Ord. 95-26. Passed 2-13-95.)
1225.02 PURPOSE.
The purpose of this chapter is to regulate and control
the subdivision of land within the Village in order to
promote the public safety, health and general welfare.
(Ord. 95-26. Passed 2-13-95.)
1225.03 APPLICATION; INTERPRETATION; AUTHORITY.
(a) These Subdivision Regulations shall apply to all
divisions of land within the Village corporate limits,
except those divisions of land undertaken in or as part
of the formation of condominium projects, as defined in
Section 1225.04.
(b) No building permit or certificate of occupancy shall
be issued for any lot or parcel which was created by
improper subdivision after the effective date of this
chapter.
(c) No excavation of land or construction of any public
or private improvements shall be permitted which does
not conform to this chapter.
(d) This chapter shall not repeal, abrogate, annul or in
any way impair or interfere with existing provisions of
other laws, ordinances or regulations or with private
restrictions placed upon property by deed, covenant or
other private agreement. Where this chapter imposes a
greater restriction on land than is imposed or required
by such existing provision of any private restriction or
other ordinance of the Village, the provisions of this
chapter shall control.
(e) This chapter is enacted pursuant to the authority
granted by the Subdivision Control Act, Act 288 of the
Public Acts of 1967, as amended, which authorizes the
Village to adopt an ordinance to regulate the
subdivision of land within the Village and to secure the
public health, safety and general welfare.
(Ord. 95-26. Passed 2-13-95.)
1225.04 DEFINITIONS.
For the purpose of this chapter, the following words,
terms and phrases, wherever used in this chapter, shall
have the meanings ascribed to them. All terms as defined
in the Land Division Act, Act 288 of the Public Acts of
1967, as amended, shall control, unless the context
clearly indicates a different meaning.
(a) For the purpose of these Subdivision Regulations,
the numbers, abbreviations, terms and words which appear
shall be used, interpreted and defined as indicated in
this chapter.
(b) Unless the context clearly indicates otherwise,
words used in the present tense include the future
tense, words used in the singular include the plural and
"these Regulations" or "this chapter" means the
Subdivision Control Ordinance of the Village of
Franklin, Michigan.
(c) A "person" includes a corporation, a partnership and
an incorporated association of persons such as a club;
"shall" and "will" are always mandatory; a "building"
includes a "structure"; a "building" or "structure"
includes any of its parts and "used" or "occupied," as
applied to any land or building, shall be construed to
include the words "intended, arranged or designed to be
used or occupied."
(1) "Alley" means a strip of land not more than thirty
feet in width, dedicated and improved for public use,
which affords a secondary access to abutting property,
but which is not intended for general traffic
circulation or for parking, standing or loading.
(2) "Block" means a subdivided parcel of land surrounded
on all sides by one or more of the following barriers:
streets, public parks, cemeteries, railroad rights of
way, shorelines of waterways, unsubdivided acreage,
boundary lines of the Village, the exterior boundary of
the subdivision or any other barriers to the continuity
of development.
(3) "Buildable " means having sufficient upland area
outside of wetlands, floodplains, required buffers or
natural feature setbacks to conform to minimum structure
setbacks, floor area, parking, sewage disposal and
accessory building and use requirements, unless, prior
to a subdivision or land division application, any
necessary permit or approval is obtained to allow
construction in the wetland, floodplain, required buffer
or natural feature setback.
(4) "Building line" means a line within a platted lot
which is parallel to the front lot line at the minimum
required front setback line pursuant to the Zoning Code
of the Village.
(5) "Caption" means the name by which a plat is legally
and commonly known.
(6) "Condominium project" means a project consisting of
not less than two condominium units established in
conformity with the Condominium Act, Act 59 of the
Public Acts of 1978, being M.C.L.A. 559.101 et seq.;
M.S.A. 26.50(101) et seq.
(7) "County Drain Commissioner" means the Oakland County
Drain Commissioner.
(8) "County Health Department" means the Oakland County
Health Department.
(9) "County Plat Board" means the Oakland County Plat
Board.
(10) "County Road Commission" means the Road Commission
for Oakland County.
(11) "Easement" means a grant by the property owner of
the use of a strip of land by the public, a corporation
or a private person for specific uses or purposes, which
shall be designated as a public or private easement
depending on the nature of the use.
(12) "Floodplain" means that area of land which is
typically adjacent to a river, stream, or other body of
water, and which is designated as subject to flooding
from the 100-year base flood indicated on the Flood
Boundary and Floodway Map prepared by the Federal
Emergency Management Agency.
(13) "Improvements" means grading, street surfacing,
curb and gutter, pedestrian/bicycle paths, water mains
and lines, storm and sanitary sewers, utilities,
bridges, drainage, street trees and other additions to
the natural state of land which increases the land's
value, utility and habitability.
(14) "Lot" means a measured portion of a parcel or tract
of land which is described and fixed in a recorded plat.
A. "Corner lot" means a lot having two adjacent sides,
both of which abut their full length upon a street,
provided that such two sides intersect at an angle of
not more than 135 degrees. Where a lot is on a curve, if
the tangents through the extreme point of the street
lines of such lot make an interior angle of not more
than 135 degrees, it shall be considered a corner lot.
In the case of a corner lot with a curved street line,
the corner is that point on the street lot line nearest
to the point of intersection of the tangents described
above. (A tangent is a straight line extended from the
outer edges of a curve which intersect to form a
corner.)
B. "Double frontage lot" means a lot having frontage on
two more or less parallel streets. In the case of a row
of double frontage lots, one street shall be designated
as the front street for all lots in the plat and in a
request for a zoning compliance permit or building
permit. If there are existing buildings in the same
block fronting on one or both of the streets, the
required minimum front yard setback shall be observed on
those streets where buildings presently front.
(15) "Lot area." See Section 1240.07 of the Zoning Code.
(16) "Lot depth." See Section 1240.07 of the Zoning
Code.
(17) "Lot frontage." See Section 1240.07 of the Zoning
Code.
(18) "Lot line." See Section 1240.07 of the Zoning Code.
(19) "Lot width." See Section 1240.07 of the Zoning
Code.
(20) "Nonresidential subdivision" means a subdivision
whose intended use is other than residential, such as
commercial or office.
(21) "Parcel" or "tract" means a continuous area or
acreage of land which can be described as provided for
in the Subdivision Control Act.
(22) "Parcel of record" means any of the following:
A. A lot;
B. A portion of a lot;
1. A combination of complete lots, or parts thereof; or
2. A parcel which has been described in a survey by
metes and bounds, the accuracy of which is attested to
by a land surveyor (registered and licensed in the State
of Michigan), and which has been recorded with the
Oakland County Register of Deeds.
A parcel of record shall be at least sufficient in size
to meet the minimum Village requirements for use,
coverage, area, setbacks and open space, and shall have
frontage on a dedicated roadway, or, if permitted by
this chapter, on a private road.
(23) "Planning Commission" means the Planning Commission
of the Village of Franklin.
(24) "Plat" means a map or chart of a subdivision of
land.
A. "Preliminary plat" means a map showing the salient
features of a proposed subdivision submitted to the
Village for purposes of preliminary consideration
prepared in conformity with the Subdivision Control Act
and this chapter.
B. "Final plat" means a map of all or part of a
subdivision prepared and certified by a registered
engineer or land surveyor substantially conforming to
the preliminary plat and prepared in conformity with the
Subdivision Control Act and this chapter, and suitable
for recording by the County Register of Deeds. Such map
must meet the requirements of this chapter and of the
Subdivision Control Act.
(25) "Public reservation" means a portion of a
subdivision set aside for eventual public use and made
available for public acquisition.
(26) "Public utility" means all persons, firms,
corporations, co partnerships or municipal or other
public authorities providing gas, electricity, water,
steam, telephone, sewer or other services of a similar
nature.
(27) "Reserve strip" means 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 a partial-width
street proposed to be widened by future platting.
(28) "Right of way" means a strip of land occupied or
intended to be occupied by a street, walkway, railroad,
road, electric transmission line, oil or gas pipeline,
water main, sanitary or storm sewer main or another use.
Every right of way strip established and shown on a
final plat is to be distinct from the lots or parcels
adjoining it. Rights of way intended to be maintained by
a public agency shall be dedicated to public use.
(29) "Street" means any avenue, boulevard, road, lane,
parkway, viaduct or other way which is an existing
State, County or Municipal roadway, or any road or way
shown in a plat heretofore approved pursuant to law. A
street, as defined herein, includes the land between the
right of way lines, whether improved or unimproved, and
may comprise pavement, shoulders, gutters, parking areas
and lawns.
A. "Boulevard street" means a street with two one way
pavements separated by a median.
B. "Collector street" means a street intended to serve
as a major means of access from local streets to major
streets and county primaries. Collector streets may
serve abutting properties and may also carry traffic
generated by other local streets.
C. "Cul de sac" means a short minor street with one end
open to vehicular traffic and the other end permanently
terminated by a vehicular turn around.
D. "Dead-end" or "stub street" means a street with one
end open to vehicular traffic and no vehicle turn around
at the other end, which provides for eventual extension
of the street onto unplatted land.
E. "Half street" means a street containing less than the
required right of way width.
F. "Local street" means a street of limited continuity
used primarily to provide access to abutting residential
properties.
G. "Major street" or "thoroughfare" means an arterial
street of great continuity which is intended to serve as
a large volume trafficway for both the immediate
Municipal area and the region beyond and which may be
designated in the Village Master Plan as a major
thoroughfare, parkway, expressway or equivalent term to
identify those streets comprising the basic structure of
the street plan.
H. "Marginal access street" or "minor street" means a
local street which is parallel to and adjacent to a
major street and which provides access to abutting
properties and protection from through traffic and which
does not carry through traffic.
(30) "Street width" means the shortest distance between
the lines delineating the right of way of a street.
(31) "Subdivider" or "proprietor" means a person who may
hold any ownership interest in land, whether recorded or
not.
(32) "Subdivision Control Act" (a/k/a "Land Division
Act@) means Act 288 of the Public Acts of 1967, as
amended.
(33) "Village Planner" means the person or professional
planning consulting company designated as the Village
Planner by the Planning Commission.
(34) "Zoning Code" means the Zoning Code of the Village
of Franklin, Michigan, as amended.
(Ord. 95-26. Passed 2-13-95. Ord. 2003-08. Passed
12-8-03.)
1225.05 SUBMISSION OF PRELIMINARY PLAT FOR TENTATIVE
APPROVAL.
(a) Every person who shall hereafter submit a proposed
preliminary plat to the Village for tentative approval
shall submit ten legible copies of the proposed
preliminary plat. Such plat must contain, as a minimum,
the following information:
(1) The topography of the area proposed to be platted
with not more than two-foot contour intervals;
(2) The street and road layout;
(3) The lot layout, showing the size and shape of the
proposed lots;
(4) The location of sanitary sewer and water lines that
will be accessed to provide service for the subdivision;
(5) The general location and size of any floodplain
located within the area to be platted;
(6) In general, the methods proposed for storm water
disposal;
(7) Wetlands found on the site and methods to be
employed to preserve and protect the wetlands,
consistent with the provisions of Chapter 1226;
(8) Natural features and buffer zones for those natural
features, consistent with the provisions of Chapter
1266; and
(9) The general methods to be employed to prevent soil
erosion and sedimentation on the site.
(b) When a proprietor owns or plans to acquire and
anticipates platting, adjoining land, he or she shall
submit, with the preliminary plat for tentative
approval, a tentative plan showing the feasibility of
the development of such adjoining land.
(c) A fee shall accompany the plat, in an amount
established by resolution of the Village Council, which
shall be adequate to pay the cost of reviewing the
proposed plat.
(Ord. 95-26. Passed 2-13-95.)
1225.06 REVIEW OF PRELIMINARY PLAT FOR TENTATIVE
APPROVAL.
Upon receipt of copies of the proposed plat for
tentative approval, the Village Clerk, on behalf of the
Village Council, shall forward copies to the Village
Planning Commission, the local Soil Conservation
District and the County Road Commission (or the State
Highway Department, as may be applicable) for
recommendation. The Village Planning Commission shall
examine said proposed preliminary plat with such
assistance and review by the Village Planner, the
Village Engineer and the Village Attorney as the
Planning Commission and Village Council shall require.
Upon recommendation by the Planning Commission, the
Village Council shall determine whether said proposed
preliminary plat complies with all Village ordinances
and State statutes and makes adequate provision for the
following:
(a) Streets.
(1) All proposed streets shall comply with the major
street thoroughfare plan adopted by the Village.
(2) The arrangement of streets shall provide for a
continuation of existing streets from adjoining areas
into the new subdivision.
(3) Where adjoining areas are not subdivided, the
arrangement of streets in the proposed subdivision shall
be extended to the boundary line of the tract to make
provision for the future projection of streets into
adjoining areas, provided, however, that minor streets
within the subdivision shall be so laid out that their
use by through traffic will be discouraged.
(4) Where the proposed subdivision abuts or contains a
county primary road or major thoroughfare as defined in
the Village Master Plan or the Village Major
Thoroughfare Plan, the Village Council may require
marginal access streets approximately parallel to the
right of way of the primary road or major thoroughfare
and may require such other improvements as are deemed
necessary for the adequate protection of residential
properties and to afford separation of through and local
traffic.
(5) Private streets may be permitted by the Village
Council if the Village Council finds that private
streets within the plat will not adversely affect the
public health, safety or welfare.
(6) All new streets shall be named as follows: Streets
with a predominant north south direction shall be named
"Street"; streets with a predominant east west direction
shall be named "Avenue"; meandering streets shall be
named "Drive", "Lane", "Path", "Road" or "Trail", etc.;
and cul de sacs shall be named "Circle", "Court", "Way"
or "Place", etc.
(7) Streets should intersect at a ninety-degree angle or
closely thereto and in no case less than eighty degrees.
(8) Where the proposed continuation of a street at an
intersection is not in alignment with an existing
street, it must not intersect with the cross street
closer than 175 feet from the opposite existing street,
as measured from the centerline of said street.
(9) The maximum length allowed for residential blocks
shall be 1,000 feet.
(10) All primary road rights of way, as designated by
the Village Council, within or abutting plats hereafter
recorded, shall provide a fifty-foot half width. All
other rights of way within or abutting such plats shall
be not less than sixty-six feet in width. Permanent dead
end streets in excess of 660 feet in length shall be
prohibited except upon prior approval of the Village
Council, to be granted only where the topography of the
area, rivers, streams, other natural conditions or the
prior development of the area prevents a through street
from being constructed.
(11) A subdivision or extension of an existing
subdivision which creates a total of thirty or more lots
must be developed so as to provide two or more access
streets.
(b) Lots.
(1) All lots shall be created so as to be consistent
with the dimensional and area requirements of the
Village Zoning Code and shall be buildable sites.
(2) Corner lots shall be created with additional width
so as to permit front yard setback requirements to be
attained from both streets.
(c) General Provisions.
(1) Privately held reserve strips controlling access to
streets shall be prohibited.
(2) Existing natural features which add value to
residential development and that enhance the
attractiveness of the community (such as streams,
watercourses, historic spots and similar irreplaceable
assets) shall be preserved insofar as possible in the
design of the subdivision. The requirements of Chapter
1226 regarding wetlands development regulations and
Chapter 1464 regarding floodplain development
regulations shall be complied with in the creation of
subdivisions under these Regulations.
(3) Lands subject to flooding or otherwise determined by
the Village to be uninhabitable shall not be platted for
residential, commercial or industrial purposes. Such
lands within a subdivision may be set aside for other
purposes, such as parks and open space.
(4) If the Village Council determines that the proposed
preliminary plat complies with all applicable ordinances
and statutes and the provisions set forth in this
section, it shall grant tentative approval of the
preliminary plat. Approval shall confer upon the
proprietor, for a period of one year from the date of
the approval, approval of lot sizes, lot orientation and
street layout. Such tentative approval may be extended
in the discretion of the Village Council upon
application of the proprietor.
(Ord. 95-26. Passed 2-13-95. Ord. 2003-08. Passed
12-8-03.)
1225.07 SUBMISSION OF PRELIMINARY PLAT FOR FINAL
APPROVAL.
(a) Every person who shall hereafter submit copies of a
proposed preliminary plat to the Village Council for
final approval shall submit the following relevant data:
(1) Evidence that all requirements imposed by the
Village Council at the time of granting tentative
approval have been incorporated into the proposed plan.
(2) Detailed working drawings showing grades, drainage
structures, proposed utilities and road construction
plans for public and/or private roads within and
adjoining the plat. Prior to submitting copies of the
preliminary plat to the Village Council for final
approval, the developer shall document consultation with
all public utilities which will be servicing the
subdivision to resolve any conflicts in location between
public utility facilities and other improvements.
(b) A fee shall accompany the plat, in an amount
established by resolution of the Village Council, which
shall be adequate to pay the cost of reviewing the
proposed plat.
(Ord. 95-26. Passed 2-13-95.)
1225.08 REVIEW OF PRELIMINARY PLAT FOR FINAL APPROVAL.
(a) Upon receipt of all required copies of the
preliminary plat for final approval, the Village Council
shall examine the same with such assistance and review
by the Village Planning Commission, the Village Planner,
the Village Engineer and the Village Attorney, and with
such advice from other experts, as the Village Council
may request. Upon completing its review, the Village
Council shall determine whether said proposed
preliminary plat complies with the requirements imposed
by the Village Council at the time of the tentative
approval, whether the proprietor has obtained the
required statutory approval of other governmental
agencies and, in addition, whether the plat meets the
following requirements:
(1) No road grade shall exceed a seven percent grade or
be less than a 0.5 percent grade, except upon approval
by the Village Engineer.
(2) All grades in excess of three percent shall require
the installation of curb and gutter. Said curb and
gutter shall be set apart not less than thirty-five
feet, as measured from back to back, and shall be fully
paved between the lip of the gutters.
(3) All road rights of way within or abutting such plat
shall be constructed with not less than six-inch
compacted gravel base, twenty-two feet wide and covered
with not less than two inches of bituminous aggregate
pavement, twenty-feet wide.
(4) All rights of way shall be graded to the full width
thereof for proper drainage and prospective future
widening and improving. Road grading shall be
accomplished so as to establish a one-half foot higher
elevation at the boundary of the right of way than at
the crown of the traveled roadway. All trees or other
obstructions within the right of way which interfere
with the grading and/or drainage shall be removed. The
foregoing one-half foot elevation and tree and
obstruction removal may be varied or adjusted by the
Village Council upon recommendation of the Village
Engineer, where valuable trees or obstacles are involved
and as long as drainage and safety will not be impaired.
(5) Permanent dead-end streets shall be provided at the
closed end with a turn-around having an outside improved
roadway diameter of at least 100 feet, as measured from
the centerline of the gutter or the back of the curb,
and a street right-of-way diameter of at least 120 feet.
Temporary dead-end streets shall be provided at the
closed end with a turn around constructed the full width
of the right of way.
(6) All surface waters shall be adequately drained
within each plat by a separate system of drainage
structures or through the connection of such separate
system to an adequate adjoining system. Where storm
sewers are used, inlet basins must not be spaced farther
apart than 300 feet except upon express approval of the
Village Council, upon recommendation of the Village
Engineer, to be granted only where other equivalent and
sufficient drainage inlets are provided. Where such
outlets are not thus available, such drainage structures
may consist of leaching basins so spaced that water
shall not be required to run on the surface of the road
farther than 250 feet to such basin, or so spaced as to
afford equivalent and sufficient drainage. The
determination of what is equivalent and sufficient
drainage shall be left to the Village Council, upon the
recommendation of the Village Engineer.
(7) Connection to sanitary sewers and/or water mains may
be required by the Village Council when it determines,
in its discretion, that said sewers and/or water mains
are reasonably available to the proposed subdivision.
(8) In the discretion of the Village Council, the
proprietor shall make arrangements for all distribution
lines for telephone, electric, television and other
similar services distributed by wire or cable to be
placed underground entirely through the residential
subdivided area. Electric distribution lines shall be
defined in accordance with the rules and regulations
promulgated by the Michigan Public Service Commission.
Such conduits or cables shall be placed within private
easements provided to such service companies by the
proprietor or within dedicated public ways. All such
facilities placed in dedicated public ways shall be
planned so as not to conflict with other underground
utilities. All such facilities shall be constructed in
accordance with standards of construction approved by
the Michigan Public Service Commission. Private
easements for underground utilities shall be shown on
the preliminary plat.
(9) Storm water disposal methods proposed for the
subdivision must be adequate to insure that each
building site and roadway will not be flooded and that
all necessary easements for storm sewers or open drains
can feasibly be dedicated to the public for such
purposes.
(10) No land within the subdivision may be isolated from
a public highway nor may any adjoining land of the
proprietor or others be isolated from a public
thoroughfare, thereby creating land locked parcels.
(11) Street lighting may be required by the Village
Council if it determines that street lighting is
necessary for the public health, safety and welfare.
(12) Pedestrian and bicycle paths may be required by the
Village Council when the Village Council determines, in
its opinion, that paths are necessary for pedestrian
safety, public health and welfare. When required, paths
shall be constructed of concrete or asphalt, four feet
in width and four inches in depth, upon a two-inch
minimum sand base.
(b) The Village Council shall complete the review and
consideration of the proposed preliminary plat submitted
for final approval at the next regular meeting of the
Council or within twenty days after the date of
submittal of the proposed preliminary plat. If the
Village Council determines that the preliminary plat has
obtained the required statutory approval of other
governmental agencies and complies with the requirements
set forth in this chapter, the Village Council shall
grant final approval of the preliminary plat, which
shall confer upon the proprietor, for a period of two
years from the date of approval, the conditional right
that the general terms and conditions under which said
approval was granted will not be changed. Said two year
period may be extended in the discretion of the Village
Council upon application by the proprietor.
(Ord. 95-26. Passed 2-13-95.)
1225.09 SUBMISSION OF FINAL PLAT FOR FINAL APPROVAL.
(a) Every person who shall hereafter submit a proposed
final plat to the Village Council for final approval
shall also submit an abstract of title or title
insurance policy showing merchantable title in the
proprietor of the subdivision.
(b) A fee shall accompany the final plat, in an amount
established by resolution of the Village Council, which
shall be adequate to pay the cost of reviewing the
proposed plat.
(Ord. 95-26. Passed 2-13-95.)
1225.10 REVIEW OF FINAL PLAT FOR FINAL APPROVAL.
(a) The Village Council shall review the proposed final
plat and determine that:
(1) All monuments required to be placed in the
subdivision have been placed or a cash or equivalent
deposit has been made with the Village and a deposit
agreement executed by the proprietors.
(2) All roads, streets, bridges and culverts have been
completed and installed or a cash or equivalent deposit
has been made with the Village and a deposit agreement
executed by the proprietors.
(b) If the subdivision has any county drains or other
waterways, as set forth in Section 188 of the Michigan
Subdivision Control Act, all such county drains and
waterways shall be installed or a cash or equivalent
deposit made to the Village and a deposit agreement
executed by the proprietors.
(c) If any floodplains are involved in the proposed
subdivision, then such floodplains shall be restricted,
as provided by the Michigan Subdivision Control Act and
Chapter 1464 of the Building and Housing Code. Such
restrictions shall be submitted to the Village Council
for review and approval prior to recording and
thereafter shall be recorded in the office of the
Oakland County Register of Deeds contemporaneously with
the recording of the plat.
(Ord. 95-26. Passed 2-13-95.)
1225.11 LAND DIVISIONS NOT REQUIRING PLATTING.
(a) No lot, outlot or other parcel in a recorded
subdivision plat shall be further divided or changed
without the written approval of the Village Council in
accordance with the procedures set forth in this
section. No division of unplatted land within the
Village into more than four parcels of land of ten acres
or less shall be permitted
without the written approval of the Village Council in
accordance with the procedures set forth in this
section.
(b) Applicants for division of a lot, outlot or other
parcel division shall submit a written application to
the Village Clerk. The application shall be accompanied
by a scaled drawing depicting the original parcel, the
proposed division, existing buildings, utilities,
easements, drainage, all pertinent dimensions, legal
descriptions of the new parcels created by the division
and such other pertinent data as the Clerk shall
request. Accuracy shall be certified by a licensed and
registered land surveyor.
(c) No lot, outlot or other parcel in a recorded
subdivision plat or unplatted land shall be divided into
more than four new lots of ten acres or less in size.
The new lots shall be buildable sites and shall conform
to the minimum standards for area, width and depth
according to the zoning requirements for the district in
which the lots are located, provided, however, that if
existing lots which do not conform to these minimum
standards are being realigned to create larger lots,
this requirement may be waived by the Village Council.
(d) The Village Clerk shall deliver the application to
the Planning Commission, which shall determine
compliance herewith and with the Subdivision Control
Act. Upon completion of the review, and provided that
all taxes and special assessments on the original parcel
have been paid, the Planning Commission shall recommend
approval or rejection of the application to the Village
Council.
(e) The Village Council shall act on the application at
its next regularly scheduled meeting after receipt of
the recommendation from the Planning Commission.
(f) In the case of an application for a parcel division
of nonresidential property, the Planning Commission may
require submittal of a site plan conforming to the
standards of the Village Zoning Code. Such site plan
shall indicate potential development of the parcel,
either as an independent parcel or in conjunction with
abutting land owned by the applicant.
(g) Upon approval by the Village of a land division
pursuant to this section, the Clerk shall notify the
Assessor and such division shall be noted upon the
Village assessment roll and thereafter the divided
portions of the lot, outlot or parcel shall be
considered to be separate for tax assessment and all
other purposes. If portions of the lot have been added
to another lot, outlot or parcel, the enlarged area
shall be considered to be a single lot for tax
assessment and all other purposes.
(Ord. 95-26. Passed 2-13-95. Ord. 2003-08. Passed
12-8-03.)
1225.12 VARIANCES.
Proposed subdivisions shall comply with the requirements
of this chapter and all other applicable requirements of
the Village, the County and the State. In the event that
unusual hardships or unique circumstances exist that
make compliance with this chapter impractical or
impossible, the applicant shall use the following
procedure to request a variance from the strict
enforcement of these Regulations:
(a) Prior to final approval of the preliminary plat, the
applicant shall state his or her request for a variance
in writing. The written request shall be submitted to
the office of the Village Clerk not less than fourteen
days prior to a scheduled meeting of the Planning
Commission. The written request shall be accompanied by
such reasonable fee as the Village Council may establish
to defray the costs of review by Village
representatives. The Village Clerk shall transmit a
properly prepared variance request to the Planning
Commission.
(b) After receipt of a variance request, the request
shall be placed on the agenda of the Planning Commission
for the next regularly scheduled meeting. The Commission
shall schedule a public hearing on the request. Notice
of the hearing shall be provided to all owners of record
of real property located within 300 feet of the proposed
subdivision site boundaries. The notices shall be
delivered personally or by mail not less than five days
before the date set for the hearing.
(c) The Planning Commission shall submit to the Village
Council its findings on the existence of any
extraordinary hardships, practical difficulties or
unique circumstances that will result from the strict
enforcement of these Subdivision Regulations. If the
Planning Commission finds the requested variance will
not compromise the public interest or the intent of this
chapter, the Commission may recommend to the Village
Council approval of a variance from these Regulations.
The Planning Commission may recommend conditions to the
variance consistent with the objectives of these
Regulations.
(d) The Village Council may grant a variance if it finds
that:
(1) The variance will not be detrimental to the public
health, safety and general welfare, nor injurious to
other property.
(2) The conditions underlying the variance request are
unique to the property and are not generally applicable
to other property.
(3) Due to particular physical characteristics, the
shape or topographical conditions of the property, a
particular hardship to the owner, as distinguished from
inconvenience or monetary loss, will result if these
Regulations are enforced.
(4) The variance will not violate the requirements of
the Zoning Code, the Master Plan, the Subdivision
Control Act or any other applicable law or regulation.
(e) In approving a variance, the Village Council may
impose conditions to the variance consistent with the
objectives of these Regulations.
(f) If the variance request is denied, any further
appeal shall be in accordance with the procedures set
forth in the Zoning Code.
(Ord. 95-26. Passed 2-13-95.)
1225.13 LOT SPLIT FEES.
The following fees are hereby established for lot
splits:
(a) For each application: $200.00 plus $25.00 per
resulting lot.
(b) For each application where a portion of a road is
included: 300.00 plus $25.00 per resulting lot. (Ord.
95-154. Passed 7-10-95.)
1225.14 SEPARABILITY.
If any section, paragraph, clause, phrase or part of
this chapter is for any reason held invalid or
unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect
the validity of the remaining portions hereof.
(Ord. 95-26. Passed 2-13-95.)
1225.99 PENALTY.
(EDITOR'S NOTE: See Section 202.99 for general Code
penalty if no specific penalty is provided.)
