City Ordinance Chapter 078 - Subdivisions and Other Land Divisions

View the PDF version Google Docs PDF Viewer

                                                        Chapter 78

                             SUBDMSIONS AND OTHER LAND DMSIONS*

                                                  Article I. In General
                      Secs. 78-1-78-30. Reserved.

                                                 Article II. Subdivisions

                                                   Division 1. Generally
                      Sec. 78-31.   Definitions.
                      Sec. 78-32.   Purpose.
                      Sec. 78-33.   Minimum requirements; effect of article on other ordinances,
                                    laws or regulations.
                      Sec. 78-34.   Penalty for violations.
                      Secs. 78-35-78-50. Reserved.

                                                   Division 2.     Procedures

                                                 Subdivision I. In General
                      Sec. 78-51.   Phases of preparation for platting.
                      Sec. 78-52.   Preapplication review.
                      Secs. 78-53-78-70. Reserved.

                                             Subdivision II. Preliminary Plat
                      Sec.   78-71. Procedure.
                      Sec.   78-72. Approval required.
                      Sec.   78-73. Scale.
                      Sec.   78-74. Contents generally.
                      Sec.   78-75. Vicinity sketch.
                      Sec.   78-76. Filing; review and recommendations by planning director and
                                    city engineer.
                      Sec. 78-77.   Hearing and recommendation by planning commission.
                      Sec. 78-78.   Action by city commission.
                      Secs. 78-79-78-95. Reserved.

                                                 Subdivision III. Final Plat
                      Sec.   78-96. Compliance with state law and this subdivision.
                      Sec.   78-97. Conformity with preliminary plat.
                      Sec.   78-98. Filing; plan check fee.
                      Sec.   78-99. Review and recommendations by city engineer and planning
                      Sec. 78-100.  Action by the city commission; subsequent approvals; distribution
                                    of prints and copies.
                      Secs. 78-101-78-115. Reserved.

                                           Division 3. Design Layout Standards

                                                 Subdivision I. In General
                      Sec. 78-116.    Applicability of division.

   *State law references-Michigan planning enabling act, MCL 125.3801 et seq.; condominium act, MCL 559.101 et seq.; land
division act, MCL 560.101 et seq.

                           MUSKEGON CITY CODE

Sec. 78-117.  Suitability of land.
Sec. 78-118.  Parks, school sites, etc.
Sec. 78-119.  Blocks.
Sec. 78-120.  Lots.
Sec. 78-121.  Natural features.
Sec. 78-122.  Floodplains.
Secs. 78-123-78-140. Reserved.

                             Subdivision II. Streets
Sec. 78-141.  Conformity with major street and master plans.
Sec. 78-142.  General layout requirements.
Sec. 78-143.  Half streets.
Sec. 78-144.  Right-of-way widths.
Sec. 78-145.  Grades.
Sec. 78-146.  Radii of curvature on centerline.
Sec. 78-147.  Tangent between reverse curves.
Sec. 78-148.  Intersections.
Sec. 78-149.  Jogs.
Secs. 78-150-78-165. Reserved.

                      Division 4. Required Improvements
Sec. 78-166.    Required approvals to be obtained prior to installation; compli-
                ance with article.
Sec. 78-167.    Roadway surfacing and curbs.
Sec. 78-168.    Sidewalks.
Sec. 78-169.    Underground utilities.
Sec. 78-170.    Water system.
Sec. 78-171.    Sanitary sewer system.
Sec. 78-172.    Storm drainage system.
Sec. 78-173.    Protection of utilities from flood damage.
Secs. 78-17 4-78-190. Reserved.

       Division 5. Subdivision Open Space Plan (Planned Unit Development)
Sec. 78-191.     Application of division.
Sec. 78-192.     Statement of principles.
Sec. 78-193.     Contents of application for approval-Description of land to be
Sec.   78-194.   Same-Plan of development.
Sec.   78-195.   Same-Statement of benefits.
Sec.   78-196.   Approval or disapproval.
Sec.   78-197.   Contract between city and proprietor.

                                   SUBDIVISIONS, OTHER LAND DIVISIONS                                 § 78-33

          ARTICLE I. IN GENERAL                          Major street plan means the master plan of
                                                       highways, major streets and parkways adopted
Secs. 78-1-78-30. Reserved.                            by the planning commission.
                                                          Minor street means a street, which is intended
        ARTICLE II. SUBDIVISIONS                       primarily for access, for abutting properties (all
                                                       streets except those named above).

           DIVISION 1. GENERALLY                          Subdivide and subdivision mean the partition-
                                                       ing or splitting of a parcel or tract of land by the
Sec. 78-31. Definitions.                               proprietor thereof or by his heirs, executors, ad-
                                                       ministrators, legal representatives, successors, or
  The following words, terms and phrases, when         assigns for the purpose of sale, or lease of more
used in this article, shall have the meanings          than one year, or of building development that
ascribed to them in this section, except where the     results in one or more parcels ofless than 40 acres
context clearly indicates a different meaning:         or the equivalent, and that is not exempted from
                                                       the platting requirements of this article by sec-
   Generally. All terms, as defined in the land        tions 108 and 109 of the land division act (MCL
division act (MCL 560.101 et seq.), shall control,     560.108, 560.109). The terms "subdivide" and
unless indicated to the contrary in this section.      "subdivision" do not include a property transfer
   Alley and service drive mean a passage or way       between two or more adjacent parcels, if the
affording generally a secondary means of vehicu-       property taken from one parcel is added to an
lar access to abutting properties and not intended     adjacent parcel; and any resulting parcel shall not
for general traffic circulation.                       be considered a building site unless the parcel
                                                       conforms to the requirements of this act or the
  Arterial street means those streets of consider-     requirements of an applicable local ordinance.
able continuity which are used or primarily for
fast or heavy traffic (Seaway Dr., M-46, Shoreline       Zoning ordinance means the city zoning ordi-
Dr.).                                                  nance.
                                                       (Code 1975, § 19-3; Code 2002, § 78-31)
   Collector street means those streets used to
carry traffic from minor streets to arterial streets   Sec. 78-32. Purpose.
classified by the city (Hackley Ave., Barclay St.,
Lakeshore Dr. (south of Laketon Ave.), Marquette          The purpose of this article is to provide for
Ave., Wood St.).                                       orderly growth and harmonious development of
                                                       the community, to secure coordinated develop-
   Expressway means those streets designed for         ment in conformance with the general plan of the
high speed, high volume traffic, with full or par-     city, including public facilities, to achieve individ-
tially controlled access, some grade crossings but     ual property lots of maximum utility and livabil-
no driveway connections (U.S. 31).                     ity and to control building in floodplains and to
                                                       set standards for lot sizes.
  Highways, major streets and parkways mean
                                                       (Code 1975, § 19-2; Code 2002, § 78-32)
the highways, major streets and parkways desig-
nated as such on the major street plan.
                                                       Sec. 78-33. Minimum requirements; effect of
  Local street and collector street mean a street                  article on other ordinances, laws
intended to provide access to neighborhoods or                     or regulations.
                                                          The provisions of this article shall be held to be
  Major street means those streets in the city         the minimum requirements adopted for the pro-
that are classified as primary hard-surfaced roads     motion and preservation of public health, safety
(Getty St. , Laketon Ave., Henry St. (south of         and general welfare of the city. The provisions of
Laketon Ave.), Sherman Blvd.).                         this article are not intended to repeal, abrogate,

§ 78-33                                    MUSKEGON CITY CODE

annul or in any manner interfere with existing         attend. The purpose of the meeting is to conduct
regulations or ordinances of the city, nor conflict    an informal review of the proprietor's concept
with any statutes of the state or county, except       plan for the preliminary plat.
that this article shall prevail in cases where its     (Code 1975, § 19-18; Code 2002, § 78-52)
provisions impose a greater restriction than is
provided by existing statutes, laws, regulations or    Secs. 78-53-78-70. Reserved.
(Code 1975, § 19-4; Code 2002, § 78-33)
                                                                 Subdivision II. Preliminary Plat*
Sec. 78-34. Penalty for violations.
                                                       Sec. 78-71. Procedure.
   Any person violating any of the provisions of
this article shall be responsible for a municipal        The procedure for preparation and submittal of
civil infraction.                                      a preliminary plat of land area to be subdivided
(Code 1975, § 19-5; Code 2002, § 78-34)                shall be as set out in this subdivision.
                                                       (Code 1975, § 19-25; Code 2002, § 78-71)
Secs. 78-35-78-50. Reserved.
                                                       Sec. 78-72. Approval required.
          DIVISION 2. PROCEDURES                          No person proposing to make or to have made a
                                                       subdivision or resubdivision within the territorial
            Subdivision I. In General                  limits subject to the provisions of this article shall
                                                       enter into any contract for sale or shall offer for
Sec. 78-51. Phases of preparation for plat-            sale such subdivision or any part thereof, or
            ting.                                      proceed with any construction on the proposed
                                                       subdivision, including grading, until he has ob-
   The preparation of a subdivision for platting       tained from the city commission the tentative
shall be carried out through three phases as           approval of the preliminary plat of the proposed
follows : pre-preliminary plat investigation, pre-     subdivision.
liminary plat and final plat, all in accordance with   (Code 1975, § 19-26; Code 2002, § 78-72)
the procedure outlined in this article.
(Code 1975, § 19-17; Code 2002, § 78-51)               Sec. 78-73. Scale.
Sec. 78-52. Preapplication review.                        The horizontal scale of the preliminary plat of
                                                       a subdivision shall be 100 feet or less to the inch
   The proprietor may request that a preapplica-       and the vertical scale of street and sewer profiles
tion review meeting take place by submitting a         shall be 20 feet or less to the inch.
written request to the chairperson of the county       (Code 1975, § 19-27; Code 2002, § 78-73)
plat board and submitting copies of a concept plan         State law reference-Minimum scale, MCL 560.111.
for the preliminary plat to the city and to each
officer or agency entitled to review the prelimi-      Sec. 78-74. Contents generally.
nary plat under MCL 560.113 through 560.118. A
preapplication review meeting shall take place            The preliminary plat of a subdivision shall
not later than 30 days after the written request       clearly show the following features and informa-
and concept plan are received. The meeting shall       tion:
be attended by the proprietor, representatives of
                                                           (1)   The proposed name of the subdivision,
each officer or agency entitled to review the pre-
                                                                 which name shall not duplicate or closely
liminary plat under MCL 560.113, 560.114, and
                                                                 approximate the name of any other sub-
560.118, and a representative of the city. Repre-
                                                                 division in the county.
sentatives of each agency entitled to review the
preliminary plat under MCL 560.115 through                 *State law reference-Preliminary plats, MCL 560.107
560.118 shall be informed of the meeting and may       et seq.

                                 SUBDIVISIONS, OTHER LAND DIVISIONS                                § 78-76

(2)   The tract designation according to the              (12) The plans and profiles of proposed sani-
      real estate records of the register of deeds             tary sewers, with grades and sizes indi-
      of the county.                                           cated, or methods of sewage disposal in
                                                               lieu of such sewers.
(3)   The names and addresses of the owners of
      record, the subdivider and the engineer or          (13) A plan of the proposed water distribution
      surveyor.                                                system, showing pipe sizes and the loca-
                                                               tion of valves and fire hydrants.
(4)   The names of adjacent subdivisions and
      the names of record owners of adjacent              (14) Zoning boundary lines, if any, proposed
      parcels of unplatted land.                               uses of property and proposed front yard
                                                               setback lines.
(5)   The boundary lines, accurate in scale, of
                                                        (15) All parcels of land intended to be dedi-
      the tract to be subdivided.
                                                             cated or temporarily reserved for public
(6)   The location, widths and the names of all              use, or to be reserved in the deeds for the
      existing or platted streets or other public            common use of property owners in the
      ways within or adjacent to the tract, and              subdivision, with the purpose, conditions
      other important features such as existing              or limitations of such reservations indi-
      permanent buildings, large trees, water-               cated.
      courses, railroad lines, corporation lines,     (Code 1975, § 19-28; Code 2002, § 78-74)
      township lines, section lines and similar
      features .                                      Sec. 78-75. Vicinity sketch.
(7)   Existing sewers, water mains, culverts             A vicinity sketch, at a scale of 400 feet or more
      and other underground structures within         to the inch, shall be shown on or shall accompany
      the tract of land and immediately adja-         the preliminary plat of a subdivision. The vicinity
      cent thereto, with pipe sizes and grades        sketch shall show all existing subdivision and
      indicated.                                      street and tract lines of acreage and parcels of
                                                      land, together with the names of record owners of
(8)   Contours with intervals of five feet or less,   such parcels, immediately adjoining the proposed
      referenced to Muskegon City Datum or            subdivision and between it and the nearest exist-
      U.S. Geological Survey Datum, as and            ing highway or thoroughfare. It shall also show
      when required by the planning commis-           how the streets and alleys in the proposed subdi-
      sion.                                           vision may connect with the existing and pro-
(9)   The layout, proposed names and widths of        posed streets and alleys in neighboring subdivi-
      proposed streets, alleys and easements;         sions or unplatted property to produce the most
      the location and approximate sizes of           advantageous development of the entire neighbor-
      catchbasins, culverts and other drainage        hood.
      structures; the layout, numbers and ap-         (Code 1975, § 19-29; Code 2002, § 78-75)
      proximate dimensions of proposed lots.
      Proposed street names shall not duplicate       Sec. 78-76. Filing; review and recommenda-
      or closely approximate any existing street                  tions by planning director and
      names in the county, except coterminous                     city engineer.
      streets.                                           (a) Five copies of the preliminary plat of the
(10) The profile of each street, with tentative       subdivision, together with written application,
     grades indicated.                                shall be submitted to the director of planning for
                                                      his technical review and recommendation, which
(11) The cross section of each proposed street,       shall be forwarded to the planning commission.
     showing the width of the pavement, the           Submittal to the planning director shall be at
     location and width of sidewalks and the          least 15 days prior to a regular meeting of the
     location and size of utility mains.              planning commission.

§ 78-76                                   MUSKEGON CITY CODE

   (b) The preliminary plat shall be reviewed by        (e) Final approval of the preliminary plat shall
the city engineer as to the adequacy of the design    be effective for one year, provided that the period
of the proposed utilities and street improvements     may be extended by the city commission upon
or other matters under his jurisdiction and he        request of the proprietor.
shall recommend to the planning commission            (Code 1975, § 19-32; Code 2002, § 78-78)
approval or rejection.                                   State law reference-Approval of preliminary plat, MCL
(Code 1975, § 19-30; Code 2002, § 78-76)              560.112.

Sec. 78-77. Hearing and recommendation by             Secs. 78-79-78-95. Reserved.
            planning commission.
   (a) Upon receipt of the recommendation of the                  Subdivision III. Final Plat*
planning director and city engineer concerning
the preliminary plat of a subdivision, the plan-      Sec. 78-96. Compliance with state law and
ning commission shall hold a public hearing.                      this subdivision.
Notice of the time and place of such hearing shall
be sent by mail to the subdivider and owners of         The final plat of a subdivision shall comply
land immediately adjoining or directly across a       with the provisions of the land division act (MCL
public street from the proposed subdivision, at       560.101 et seq.) and this subdivision.
least ten days prior to the hearing.                  (Code 1975, § 19-39; Code 2002, § 78-96)
   (b) The planning commission shall forward to
the city commission its recommendation as to the      Sec. 78-97. Conformity with preliminary
tentative approval of the preliminary plat, which                 plat.
recommendation shall be in writing. The recom-
mendation to the city commission shall outline          The final plat of a subdivision shall conform
any deficiencies in design of improvements or         substantially to the preliminary plat as approved,
facilities in the proposed plat.                      and may constitute only that portion of the ap-
(Code 1975, § 19-31; Code 2002, § 78-77)              proved preliminary plat which the proprietor pro-
                                                      posed to record and develop at the time.
                                                      (Code 1975, § 19-40; Code 2002, § 78-97)
Sec. 78-78. Action by city commission.
   (a) The city commission will not review any        Sec. 78-98. Filing; plan check fee.
preliminary plat of a subdivision until it has
received the review and recommendation of the            Five Mylar copies and three prints of the final
planning commission and all authorities listed in     plat of a subdivision shall be filed with the city
sections 112 through 119 of the land division act     clerk, and, at the same time, there shall be
(MCL 560.112-560.119).                                deposited such sums of money as the city commis-
                                                      sion may require for a plan check.
   (b) The city commission shall take action on
                                                      (Code 1975, § 19-41; Code 2002, § 78-98)
the preliminary plat within 30 days of the receipt
of the recommendation of the planning commis-
sion.                                                 Sec. 78-99. Review and recommendations by
                                                                  city engineer and planning direc-
   (c) If the preliminary plat meets all of the                   tor.
requirements and conditions laid down for tenta-
tive approval, the city commission shall give final     The final plat of a subdivision shall be reviewed
approval of the preliminary plat.                     by the city engineer and planning director as to
                                                      compliance with the approved preliminary plat
   (d) The city clerk shall promptly notify the       and plans for utilities and other improvements.
proprietor of approval or rejection, in writing. If
rejected, the reasons for rejection shall be given.       *State law reference-Final plats, MCL 560.131 et seq.

                                    SUBDIVISIONS, OTHER LAND DIVISIONS                               §   78-119

Recommendation shall be made by the city engi-          Sec. 78-117. Suitability of land.
neer and planning director for either approval or
rejection of the final plat.                               No land shall be subdivided for residential use
                                                        which is held by the planning commission to be
(Code 1975, § 19-42; Code 2002, § 78-99)
                                                        unsuitable for such use by reason of flooding or
                                                        bad drainage, adverse earth or rock formation or
Sec. 78-100. Action by the city commission;
                                                        topography, or any other feature likely to be
             subsequent approvals; distribu-
                                                        harmful to the health, safety or welfare of the
             tion of prints and copies.
                                                        future residents in the proposed subdivision or of
   (a) The city commission shall receive all rec-       the community.
ommendations and take action on the final plat of       (Code 1975, § 19-56; Code 2002, § 78-117)
a subdivision within 20 days of its filing; provided
that the city commission will not review the final      Sec. 78-118. Parks, school sites, etc.
plat until all necessary improvements are made,
                                                           (a) Where a proposed park or other recre-
or other arrangements made for the installation,
                                                        ational area, school site or other public ground
by the city, of such improvements as established
                                                        shown on the adopted master plan of the city is
in division 4 of this article.
                                                        located, in whole or in part, within a proposed
   (b) Upon the approval of the final plat by the       subdivision, such proposed public ground or park
city commission, the subsequent approvals shall         shall be dedicated to the city or school district or
follow the procedure set forth in the land division     reserved for acquisition by the city or school
act (MCL 560.101 et seq.).                              district within a period of five years by purchase
                                                        or other means.
   (c) The three prints of the final plat shall be
forwarded:                                                 (b) Where held appropriate by the planning
                                                        commission, open spaces suitably located and of
  (1)   One to the city clerk;                          adequate size for parks, playgrounds or other
  (2)   One to the planning commission; and             recreational purposes, for local or neighborhood
                                                        use, or to preserve scenic or historic features ,
  (3)   One to the building inspection depart-          shall be provided for in the design of the proposed
        ment.                                           subdivision and shall be dedicated to the city or
  (d) The five Mylar copies shall be forwarded to       reserved for the common use of all property own-
the city or the county plat board.                      ers in the proposed subdivision by covenant in the
(Code 1975, § 19-43; Code 2002, § 78-100)               deeds.
   State law references-Approval of final plats, MCL    (Code 1975, § 19-57; Code 2002, § 78-118)
560.167; actions on approval of plat, MCL 560.168.
                                                        Sec. 78-119. Blocks.
Secs. 78-101-78-115. Reserved.
                                                           Blocks within subdivisions shall conform to the
                                                        following standards:
                                                            (1)   Blocks shall be relatively long, in the
                                                                  interest of economy of street costs and to
            Subdivision I. In General                             minimize the number of intersections.
                                                                  Blocks shall have sufficient width to pro-
Sec. 78-116. Applicability of division.                           vide for two tiers of lots of appropriate
                                                                  depth, except in special cases where it is
   The subdivision design layout standards set
                                                                  desirable to locate the rear of lots on a
forth under this division are development guides
                                                                  major thoroughfare with fronts facing a
for the assistance of the proprietor. All final plans
                                                                  parallel street.
must be reviewed and approved by the city com-
mission.                                                    (2)   The length of blocks shall be such as, in
(Code 1975, § 19-55; Code 2002, § 78-116)                         the opinion of the planning commission, is

§   78-119                                      MUSKEGON CITY CODE

             appropriate for the locality and the type of          permit such in cases where conformance
             development contemplated, but shall not               with this provision will make compliance
             exceed 1,254 feet where the average size              with other provisions impossible.
             of lots does not exceed two acres in area.       (8) Residential lots fronting major streets and
     (3)     In any block over 900 feet in length, the             other important traffic ways shall have
             planning commission may require a cross-              extra depth to permit setbacks for the
             walk or pedestrian way, not less than ten             buildings.
             feet wide, and to be provided near the           (9) Lots shall have a front-to-front relation-
             center and entirely across the block.                 ship across all streets, where possible.
                                                            (Code 1975, § 19-59; Code 2002, § 78-120)
       The number of intersecting streets along                State law reference-Lots to have access to streets, MCL
       highways, major streets and parkways                 560.186(1)(e).
       shall be held to a minimum. Whenever
       practicable, blocks along such tra:fficways          Sec. 78-121. Natural features.
       shall not be less than 1,200 feet in length.            In the subdivision ofland, the natural features
(Code 1975, § 19-58; Code 2002, § 78-119)                   and character of the land must be preserved
                                                            wherever possible. Due regard must be shown for
Sec. 78-120. Lots.                                          all natural features, such as large trees, natural
                                                            groves, watercourses and similar community as-
   Lots within a subdivision shall conform to the           sets that will add attractiveness and value to the
following standards:                                        property, if preserved. The preservation of drain-
     (1)     The size, shape and orientation of lots        age and natural stream channels must be consid-
             shall be appropriate for the location of the   ered by the proprietor and the dedication and
             proposed subdivision and for the develop-      provision of adequate barriers, where appropri-
             ment contemplated.                             ate, shall be required.
                                                            (Code 1975, § 19-60; Code 2002, § 78-121)
     (2)     Lot areas and widths shall conform to at
             least the minimum requirements of the          Sec. 78-122. Floodplains.
             zoning ordinance for the district in which        Any areas of land within a proposed subdivi-
             the subdivision is proposed.                   sion which lie either wholly or in part within the
                                                            floodplain of a river, stream, creek or lake, or any
     (3)     Excessive depths in relation to width shall
                                                            other areas which are subject to flooding or inun-
             be avoided. A proportion of two to one
                                                            dation by stormwater, shall require specific com-
             shall normally be considered as appropri-
                                                            pliance with the land division act (MCL 560.101
             ate, except in cases of narrow lots.
                                                            et seq.) and its review by the water resources
     (4)     Lots for residence purposes shall be at        commission of the department of natural re-
             least 50 feet wide at the building line, in    sources.
             order to permit compliance with the side       (Code 1975, § 19-61; Code 2002, § 78-122)
             yard requirements of the zoning ordi-             State law reference-Floodplain requirements, MCL
             nance and still be adequate for a building     560.138.
             of practicable width.                          Secs. 78-123-78-140. Reserved.
     (5)     Corner lots for residential use shall be
             platted wider than interior lots in order to                 Subdivision II. Streets*
             permit near conformance with the front         Sec. 78-141. Conformity with major street
             yard setback on the side street required                    and master plans.
             by the zoning ordinance.
                                                              (a) Whenever a tract to be subdivided em-
     (6)     Every lot shall abut on a street or public     braces any part of a highway, major street or
             way.                                           parkway, so designated on the major street plan,
     (7)     Double frontage lots will not be permitted        *State law reference-Streets in subdivisions, MCL
             except that the planning commission may        560.181 et seq.

                                    SUBDIVISIONS, OTHER LAND DIVISIONS                                § 78-148

such part of such public way shall be platted by           (4) Alleys and service drives: 20 feet.
the subdivider in the location and at the width          (Code 1975, § 19-71; Code 2002, § 78-144)
indicated on the plan.
   (b) Streets in a proposed subdivision shall con-      Sec. 78-145. Grades.
form to the various elements of the master plan
and shall be considered in relation to the existing         (a) For adequate drainage, the minimum street
and planned major thoroughfares and collector            grade in subdivisions shall be not less than five-
streets.                                                 tenths percent. The maximum street grade shall
(Code 1975, § 19-68; Code 2002, § 78-141)                be five percent except that the planning commis-
                                                         sion may make an exception to this standard on
Sec. 78-142. General layout requirements.                the recommendation of the city engineer.

   The street layout in a subdivision shall provide         (b) All changes in street grades in excess of one
for continuation of collector streets in adjoining       percent shall be connected by a vertical curve of
subdivisions, or of the proper projection of streets     minimum length equal to 15 times the algebraic
when adjoining property is not subdivided, planned       difference in the ratio of grade for highways,
or conformed to a plan for a neighborhood unit           major streets and parkways, and one-half of this
drawn up and adopted by the planning commis-             minimum for all other streets.
sion. The street layout shall include minor streets      (Code 1975, § 19-72; Code 2002, § 78-145)
so laid out that their use by through traffic shall
be discouraged.
                                                         Sec. 78-146. Radii of curvature on centerline.
(Code 1975, § 19-69; Code 2002, § 78-142)
                                                            The radii of curvature of the centerline of
Sec. 78-143. Half streets.                               subdivision streets shall be not less than the
   Half streets shall be prohibited in subdivisions,     following:
except where absolutely essential to the reason-
                                                             (1)   Highways, major streets and parkways:
able development of the subdivision in conformity
with other requirements of this article and where                  300 feet.
the planning commission finds that it will be                (2)Local streets, minor streets and service
practicable to require the dedication of the other              drives: 100 feet .
half when the adjacent property is developed.            (Code 1975, § 19-73; Code 2002, § 78-146)
Wherever there exists, adjacent to the tract to be
subdivided, a dedicated platted or recorded half
street, the other half shall be platted.                 Sec. 78-14 7. Tangent between reverse curves.
(Code 1975, § 19-70; Code 2002, § 78-143)
                                                            A tangent at least 100 feet in length shall be
Sec. 78-144. Right-of-way widths.                        provided between reverse curves in subdivision
  Street right-of-way widths in subdivisions shall       (Code 1975, § 19-74; Code 2002, § 78-147)
conform to at least the following minimum stan-
                                                         Sec. 78-148. Intersections.
  (1)   Major streets: in conformance with the
        major street plan of the city.                      Subdivision streets shall be laid out so as to
                                                         intersect as nearly as possible to 90 degrees.
  (2)   Local streets and collector streets: 66 feet.
                                                         Curved streets intersecting with major or collec-
  (3)   Cul-de-sac streets less than 500 feet in         tor streets shall do so with a tangent section of the
        length: 50 feet. Cul-de-sac turn-arounds         centerline 50 feet in length measured from the
        shall be a minimum of 110 feet in diame-         right-of-way of the intersection.
        ter.                                             (Code 1975, § 19-75)

§ 78-149                                    MUSKEGON CITY CODE

Sec. 78-149. Jogs.                                      placed within private easements provided to such
                                                        service companies by the developer or within
  Street jogs with centerline offsets of less than
                                                        dedicated public ways. All such facilities placed in
125 feet shall be avoided in subdivisions.
                                                        dedicated public ways shall be planned so as not
(Code 1975, § 19-76; Code 2002, § 78-149)
                                                        to conflict with other underground utilities. All
                                                        such facilities shall be constructed in accordance
Secs. 78-150-78-165. Reserved.
                                                        with standards of construction approved by the
                                                        state public service commission.
 DIVISION 4. REQUIRED IMPROVEMENTS*                     (Code 1975, § 19-91; Code 2002, § 78-169)

Sec. 78-166. Required approvals to be ob-
             tained prior to installation; com-         Sec. 78-170. Water system.
             pliance with article.
                                                           Every subdivision shall be provided with a
   The approvals required under the provisions of       complete water distribution system, including a
this article shall be obtained prior to the installa-   connection for each lot and appropriately spaced
tion of any subdivision or project improvements         fire hydrants. The entire water system shall be
within the city or under the ultimate jurisdiction      designed to meet the approval of the city engineer.
of the city, and such installations shall comply        (Code 1975, § 19-92; Code 2002, § 78-170)
with all of the provisions and requirements of this
article or any other related ordinance.
(Code 1975, § 19-88; Code 2002, § 78-166)               Sec. 78-171. Sanitary sewer system.

Sec. 78-167. Roadway surfacing and curbs.                  A sanitary sewer system, including all appur-
                                                        tenances, shall be required in all subdivisions.
  Roadways in subdivisions shall be surfaced            (Code 1975, § 19-93; Code 2002, § 78-171)
and curbs provided in accordance with standards
adopted by the city commission upon recommen-
dation of the city engineer.                            Sec. 78-172. Storm drainage system.
(Code 1975, § 19-89; Code 2002, § 78-167)
                                                          An adequate storm drainage system shall be
Sec. 78-168. Sidewalks.                                 required in all subdivisions.
                                                        (Code 1975, § 19-94; Code 2002, § 78-172)
   Sidewalks of widths and type of construction in
accordance with standard specifications shall be
constructed on at least one side of every subdivi-      Sec. 78-173. Protection of utilities from flood
sion street, where the average width of lots is 60                   damage.
feet or less. Sidewalks shall also be constructed on
one or both widths oflots, where, in the opinion of        The planning commission shall require new or
the city commission, such sidewalks are neces-          replacement water supply systems and/or sani-
sary to safeguard the safety of pedestrians.            tary sewer systems to be designed to minimize or
(Code 1975, § 19-90; Code 2002, § 78-168)               eliminate infiltration of floodwaters into the sys-
                                                        tem and discharges from the systems into flood-
Sec. 78-169. Underground utilities.                     waters, and require on-site waste disposal sys-
                                                        tems to be located so as to avoid impairment of
   All telephone, electric, television and other        them or contamination from them during flood-
similar services distributed by wire or cable shall     ing.
be placed underground entirely throughout a sub-
                                                        (Code 1975, § 19-95; Code 2002, § 78-173)
division, and such conduits or cables shall be
   *State law reference-Improvements generally, MCL
560.188.                                                Secs. 78-174-78-190. Reserved.

                                  SUBDIVISIONS, OTHER LAND DIVISIONS                                 § 78-194

  DIVISION 5. SUBDIVISION OPEN SPACE                                  recognizing a reduction in develop-
  PLAN (PLANNED UNIT DEVELOPMENT)                                     ment costs and by allowing the de-
                                                                      veloper to bypass natural obstacles.
Sec. 78-191. Application of division.                             Encourage the provision of open space
                                                                  so benefits may accrue directly to
  The requirements of this division apply in                      residents of the subdivision and to
addition to all other requirements of this article,               further encourage the development
where a preliminary plat is filed for approval                    of recreational facilities.
under the subdivision open space plan section of      (Code 1975, § 19-107; Code 2002, § 78-192)
the zoning ordinance.
(Code 1975, § 19-106; Code 2002, § 78-191)
                                                      Sec. 78-193. Contents of application for ap-
                                                                   proval-Description of land to
Sec. 78-192. Statement of principles.                              be dedicated.
  Consideration by the planning commission and           The application for approval of a subdivision
the city commission of proposed optional use of       open space plan shall contain, in addition to the
subdivision open space plan shall reflect the fol-    information required by other sections of this
lowing basic principles:                              article, a complete description of the land pro-
                                                      posed to be dedicated to the city or to the common
  (1)   The subdivision open space section of the     use of lot owners (called "open land" in this
        zoning ordinance provides an optional         section), including the following as a minimum:
        method of subdividing property, and ap-
        proval of any subdivision open space plan          (1)   Legal description of open land.
        is subject to the discretion of the city           (2)   Topographical survey of open land.
                                                           (3)   Type of soil in open land.
  (2)   Particular attention shall be given to the
        effect of a subdivision open space plan            (4)   Description of natural features on open
        upon the immediate area, where the char-                 land (e.g., stands of trees or other vegeta-
        acter of that area has been established by               tion, streams or other bodies of water,
        previous development. Major attention                    etc.).
        shall be given by the planning commis-          (5) Other relevant factors.
        sion and the city commission to the bene-     (Code 1975, § 19-108; Code 2002, § 78-193)
        fits to be derived by the residents of the
        proposed subdivision and the city because     Sec. 78-194. Same-Plan of development.
        of the subdivision open space plan, with
        minor consideration to be given to the          The application for approval of a subdivision
        proprietor.                                   open space plan shall contain the proposed plan of
                                                      development of the open land and shall include
  (3)   The following objectives shall govern the     the following as a minimum:
        approval or disapproval of the proposed
        subdivision open space plan, to:                   (1)   The proposed manner in which the title to
                                                                 land and facilities is to be held by the
        a.   Provide a more desirable living en-                 owners of land in the subdivision.
             vironment by preserving the natural
                                                           (2)   The proposed manner of collection of main-
             character of the terrain features .
                                                                 tenance costs, financing costs or assess-
        b.   Encourage developers to use a more                  ments so that nonpayment will constitute
             creative approach in the develop-                   a lien on the property, thus avoiding mu-
             ment of residential areas.                          nicipal responsibility in the future .
        C.   Encourage a more efficient aesthetic          (3)   The proposed manner of regulating the
             and desirable use of the land while                 use of the common facilities and areas so

§ 78-194                                     MUSKEGON CITY CODE

           as to eliminate possible nuisances to other   such proposal, before the city commission, upon
           property owners and cause for enforce-        written request therefor filed with the city clerk.
           ment by the city.                             (Code 1975, § 19-111; Code 2002, § 78-196)
   (4)     The proposed method of notifying the city     Sec. 78-197. Contract between city and pro-
           when any change is contemplated in plans                   prietor.
           that would affect the original specifica-
           tions approved by the city.                     If the city commission gives approval to a
                                                         proposed subdivision open space plan, it shall
   (5)     The proposed method of setting up assess-     instruct the city attorney to prepare a contract
           ments to cover the contingencies, insur-      setting forth the conditions upon which such
           ance against casualty and liability and       approval is based, which contract, after approval
           payment of taxes relating to these prop-      by the city commission, shall be entered into
           erties.                                       between the city and the proprietor prior to the
   (6) The proposed uses of open land and the            approval of any final plat based upon the ap-
       proposed improvements which are to be             proved preliminary plat.
       constructed by the proprietor.                    (Code 1975, § 19-112; Code 2002, § 78-197)
(Code 1975, § 19-109; Code 2002, § 78-194)

Sec. 78-195. Same-Statement of benefits.
  The application for approval of a subdivision
open space plan shall contain a statement of the
benefits to be realized by the residents of the
proposed subdivision and the city by approval of
the proposed subdivision open space plan, with
particular reference to the objectives stated in the
zoning ordinance.
(Code 1975, § 19-110; Code 2002, § 78-195)

Sec. 78-196. Approval or disapproval.
   (a) If the planning commission is satisfied that
a proposed subdivision open space plan meets the
letter and spirit of the zoning ordinance and
should be approved, it shall recommend such
approval to the city commission, with the condi-
tions upon which such approval should be based.
Thereafter, the city commission shall take action
upon such application in accordance with section

   (b) If the planning commission is not satisfied
that a proposed subdivision open space plan meets
the letter and spirit of the zoning ordinance or
finds that the approval of the subdivision open
space plan will be detrimental to existing devel-
opment in the general area and should not be
approved, it shall communicate such disapproval
to the city commission, with the reasons therefor.
The proprietor shall be entitled to a hearing upon


Top of Page