106-1 Purposes.

The purposes of this chapter are those of providing a guide for the orderly growth and harmonious development of the community; to secure adequate traffic circulation by means of coordinated street systems with relation to major thoroughfares, adjoining subdivisions and public facilities; to achieve individual lots of reasonable utility and livability; to facilitate adequate provisions for transportation, water supply, drainage, sanitary sewage and health requirements; to make adequate provisions for recreational areas, school sites and other public facilities; to facilitate the further subdivision of larger tracts into smaller parcels of land; and to provide logical procedures for the achievement of these purposes.

(Code 1985, § 24-2)

106-2 Definitions.

(a)    The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Block means that property on a preliminary or recorded plat surrounded by streets, streams, railroad rights-of-way, a park, etc., or a combination thereof.

Cluster single-family subdivision means a technique of land development for detached single-family homes allowing for a flexibility of design and utilization of land, open spaces, traffic circulation and utilities on sites with unusual topographic features and constraints.

Date of filing:

(1)    Date of filing for tentative approval of the preliminary plat is the date of the initial planning commission meeting when the subdivider presents the preliminary plat for consideration.

(2)    Date of filing for final approval of the preliminary plat is the date the subdivider files the tentatively approved preliminary plat and a certified list of all authorities required for approval with the clerk.

(3)    Date of filing for final plat approval is the date the subdivider files the necessary prints of the final plat with the clerk.

Easement means a property right granted by the owner of property to the public, a corporation or persons for specific uses and purposes, and which shall be designated as a “public” or “private” easement, depending on the nature of the usage.

Engineering plans means plans for water supply, sewage collection, surface drainage, street improvements and other engineering requirements under the city’s jurisdiction.

Final plat means a map of all or part of a subdivision conforming substantially to the approved preliminary plat of the subdivision prepared in accordance with requirements of the subdivision control act (Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq.), as amended) and this chapter, and suitable for recording in the office of the county register of deeds.

Improvements means grading, street surfacing, curbs and gutters, sidewalks, public walkways, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities and other additions to the natural state of the land which increases its values, utility or habitability.

Lot means a parcel of land separated from other parcels on a preliminary or recorded plat for purposes of sale, lease or separate use.

Lot split means the division of a lot whose boundaries are fixed in a recorded plat, into more than two but not more than four parts or parcels.

Master plan means the long range development plan for the city, including graphic and written proposals indicating the general locations recommended for the land uses, parks, schools, public facilities and all physical developments of the city, including any unit or part of such plan separately adopted, and any amendment to such plan or parts thereof adopted by the planning commission.

Master thoroughfare plan means that part of the city’s master plan which is used for the location, alignment and dimensions of existing and proposed street and thoroughfare rights-of-way.

Parcel or tract means a continuous area or acreage of land which can be described as provided for in the subdivision act.

Performance guarantee means any security, including United States government bonds, cash deposits, maintenance bonds, and other similar collateral or security agreements, which may be accepted by the city council in lieu of a requirement that certain improvements be made prior to final plat approval.

Planned unit development means a technique of land use development reflecting a proper mixture of residential dwelling units, open space and commercial; and utilization of the best potential of sites with special topographic or size features for the total community development, also referred to as a planning area development.

Planned unit residential development means a technique of land use development to develop large tracts of land for a diversity of residential uses, and building locations, and open spaces in utilizing the best potential of the site, and topographic features for a total community development.

Planning administrator means the administrator of the city’s planning division of the community development department.

Planning commission means the Pontiac city planning commission.

Preliminary plat means a detailed map indicating the proposed layout of the subdivision, so as to provide an adequate basis for the planning commission’s and city council’s review as outlined in the preliminary plat stage.

Public reservation means a portion of a subdivision which is set aside for public use and made available for public use and acquisition.

Public utility means any person, municipal department, board or commission duly authorized to furnish, and furnishing under governmental regulations to the public: gas, steam, electricity, sewage collection and treatment, communications, telegraph, storm drainage, transportation or water.

Public walkway means a dedicated right-of-way or easement through residential areas, used for the purpose of providing pedestrian access from one street to another or from a street to a public parcel.

Replat means the process of changing, or the map or plat which changes the boundaries of a recorded subdivision plat or part thereof. The legal dividing of an outlot within a recorded subdivision plat without changing the exterior boundaries of the outlot is not a replat.

Required improvements means street grading and paving, curb and gutter, sidewalks, crosswalks, water mains and lines, sanitary and storm sewers, utilities and other appropriate items, with appurtenant construction.

Sketch plan means a map of a proposed subdivision which is drawn with enough accuracy and at a sufficient scale to satisfy the requirements of the preapplication stage of this chapter.

Street means any thoroughfare, avenue, boulevard, road, lane, parkway, viaduct, service drive, alley or other way which is an existing state, county or municipal roadway, or a street or way shown in a plat heretofore approved pursuant to law or approved by official action, or a street or way on a plat duly filed and recorded in the office of the county register of deeds. A street includes the land between the street right-of-way lines whether improved or unimproved and may be comprised of pavement, shoulders, gutters, sidewalks, parking areas, lawn areas, and other areas within the street right-of-way lines.

(1)    Boulevard means a street developed with two one-way pavements separated by a median.

(2)    Collector street means a street which carries traffic from minor residential streets to major urban thoroughfares, including principal entrance streets of a residential development.

(3)    Major thoroughfare (major arterial) means an arterial street of considerable continuity which is designed primarily to allow moderate to high levels of traffic flow for both the city and the region beyond and is designated on the master thoroughfare plan as a major thoroughfare.

(4)    Minor residential street means a street of limited continuity which is used primarily for providing access to abutting residential properties.

a.    Cul-de-sac means a short minor residential street having one end open to traffic and being terminated at the other end by a permanent vehicular turnaround.

b.    Marginal access street means a minor residential street paralleling, and adjacent to, a major thoroughfare which provides access to abutting properties and protection from through traffic.

c.    U or loop street means a minor street of short length having two openings to traffic beginning from the same street and projecting parallel to each other and connecting at their termination by a loop.

(5)    Public service drive or alley means a dedicated public way used primarily to provide secondary vehicular access to abutting properties and not intended for general traffic circulation.

(6)    Urban thoroughfare (minor arterial) means an arterial street similar in function to a major thoroughfare, but which is intended to provide for moderate levels of traffic flow and greater access to abutting properties and is designated on the master thoroughfare plan as an urban thoroughfare.

Subdivider or proprietor means any natural person, firm, association, syndicate, partnership, corporation, trust, or combination thereof, which may hold any ownership interest in the land to be subdivided, used pursuant to the Land Division Act or the Condominium Act as provided herein, or used in a similar manner in the judgment of the city.

Subdivision means the partitioning or dividing of a parcel or tract of land by the proprietor thereof pursuant to the Land Division Act (Formerly the Subdivision Control Act of 1967), as amended as defined herein. It also specifically includes condominiums, site condominiums, and all other forms of multiple housing development on divided parcels of land as defined in the Condominium Act, Act 59 of the Public Acts of Michigan of 1978 (MCL 559.1 et seq.) as amended. This definition further includes all other land development projects of a similar kind or nature as defined above in the judgment of the city.

Subdivision act means the Subdivision Control Act of 1967, Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq.), as amended.

Utility plans means plans for electricity, gas, telephone, water, sewers, drains and other services of a similar nature provided by a public utility.

Zoning ordinance means the city’s zoning ordinance, Ordinance No. 944-72, 1968, as amended.

(b)    All terms as defined in the Land Division Act or the Condominium Act shall control this chapter, unless indicated to the contrary in this chapter.

(c)    Any violation of the provisions of this chapter shall be a municipal civil infraction, as provided in chapter 86, article X, of this Code. This shall not limit any other remedy the city may have at law or equity.

(Code 1985, § 24-3; Ord. No. 2171, § 1, 3-25-04)

Cross referenceDefinitions generally, § 1-2.

106-3 Compliance required.

The approvals required under the provisions of this chapter shall be obtained prior to the installation of any subdivision or project improvements within the city, in public streets, public alleys, public rights-of-way and public easements, or under the ultimate jurisdiction of the city. All subdivision or project improvements within the city installed in public streets, public alleys, public rights-of-way or public easements, or under the ultimate jurisdiction of the city, shall comply with all of the provisions and requirements of this chapter.

(Code 1985, § 24-22)

106-4 Variances.

The planning commission may authorize a variance from this chapter when, in its opinion, undue hardship may result from strict compliance and provided the variance does not pertain to requirements of the zoning ordinance. In granting any variance, the planning commission shall prescribe only conditions that it deems necessary to, or desirable for, the public interest. In making its findings, as required hereinbelow, the planning commission 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 planning commission finds that:

(1)    There are special circumstances or conditions affecting such property, such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land;

(2)    The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

(3)    The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated; and

(4)    The alleged undue hardships which may result from strict compliance with this chapter include more than inconvenience and financial hardship to the petitioner.

(Code 1985, § 24-23)

106-5—106-30 Reserved.