ORDINANCE NO. 4.01

 CITY OF CRYSTAL FALLS

SUBDIVISION ORDINANCE

ARTICLE I - GENERAL PROVISIONS

ARTICLE II - DEFINITIONS

ARTICLE III - PLATTING PROCEDURE AND DATA REQUIRED

ARTICLE IV - LOTS – REQUIREMENTS FOR

ARTICLE V - PENALITIES FOR FAILURE TO COMPLY WITH THIS ORDINANCE

ARTICLE VI - AMENDMENTS

ARTICLE VII- MISCELLANEOUS PROVISIONS

ORDINANCE NO. 4.01

 An Ordinance regulating the subdivision of land in the City of Crystal Falls, requiring and regulating the preparation and presentation of preliminary and final plats for such purpose; establishing minimum subdivision standards; providing for minimum improvements to be made or guaranteed to be made by the sub-divider; setting forth the procedures to be followed by the City Council in applying these rules, regulations and standards; and prescribing penalties for the violation of its provisions:

The City of Crystal Falls Ordains:

 SHORT TITLE: This Ordinance shall be known and may be cited as the "City of Crystal Falls Subdivision Ordinance."

PURPOSE: The purpose of this Ordinance is to regulate and control the subdivision of land within the City of Crystal Falls, in order to promote the safety, public health and general welfare of the community. These regulations are specifically designed to:

Provide for orderly growth and harmonious development of the community, consistent with orderly growth policies.

Achieve individual property lots of maximum utility and livability.

Insure adequate provisions for water, drainage, sanitary facilities, and other health requirements.

LEGAL BASIS: This Ordinance is enacted pursuant to the statutory authority granted by the Subdivision Control Act of 1967, Act 288, P.A. 1967, as amended;

SCOPE: This Ordinance shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of this Ordinance except for the further dividing of lots. Nor is it intended by this Ordinance to 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 agreements, or with restrictive covenants, or other private agreements, or with restrictive covenants running with the land to which the City is a party. Where this Ordinance imposes a greater restriction upon land than is imposed or required by such existing provision of any other ordinance of this City, the provisions of this Ordinance shall control.

ADMINISTRATION: The approval provisions of this Ordinance shall be administered by the City Council in accordance with Act 288, P.A. 1967, as amended.

SCHEDULE OF FEES: the schedule of fees for review of plats shall be $5.00 for each platted lot.

The following definitions shall apply in the interpretations and enforcement of this Ordinance, unless otherwise specifically stated. The "shall" is always mandatory and not merely directory.

Alley: A public or private right-of-way shown on a plat which provides secondary access to a lot, block or parcel of land.

Dedication: The intentional appropriation of land by the owner to public use.

Improvements: Any structure incident to servicing or furnishing facilities for a subdivision.

Lot: A measured portion of a parcel or tract of land, which is described and fixed in a recorded plat.

Lot Depth: The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

Lot Width: The horizontal distance between the side lot lines measured at the setback line and at right angles to the lot depth.

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

Parcel or Tract: A continuous area or acreage of land which can be described as provided for in the Subdivision Control Act, Act 288, P.A. 1967, as amended.

Preliminary Plats:

Preliminary plats shall be submitted and filed for final approval under Sections 112 to 120 of the Subdivision Control Act. The fee provided for in this Ordinance for review of plats shall be deposited with the City Clerk at the time of filing.

ACTIONS:

City Council:

The City Council shall consider the preliminary plat at its next meeting, but no later than 20 days after receipt.

The City Council shall within 20 days either reject the preliminary plat and give its reasons, or set forth in writing the conditions for granting approval.

CONDITIONS AND DURATION OF APPROVAL:

Conditions:

Approval of a preliminary plat shall not constitute approval of the final plat, but rather that final plat approval shall be conditioned on all requirements being met.

Duration:

Approval of the preliminary plat by the City Council shall be for a period of one year from the date of its approval after approval by the other required authorities.

The City Council may extend the one year period if applied for and granted in writing but only concerning its own requirements.

FINAL PLATS:

Requirements:

General:

Final plats shall be prepared and submitted as provided for in the Subdivision Control Act.

A written application for approval and the recording fee shall accompany all final plats.

The subdivider shall submit proof of ownership of the land included in the final plat in the form of an abstract of title certified to the date of the proprietor’s certificate, or a policy of title insurance currently in force.

The City may require such other information as it deems necessary to establish whether the proper parties have signed the plat.

ACTIONS:

City Council:

The City Council shall review the final plat at its next regular meeting, or at a meeting to be called within 20 days of receipt of the plat.

The City Council shall approve the plat, or disapprove it. If disapproved, the City Council shall give the subdivider its reasons in writing and rebate the recording fee and whatever portion of the review fee is provided for in this Ordinance.

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

ARTICLE IV – LOTS – REQUIREMENTS FOR:

Lot Size: The lot width, depth, and area shall not be less than the particular district requirements of the Township or County zoning ordinance. If such provisions are not in effect when this Ordinance becomes effective, no lot shall be less than 75 feet wide, and less than 8500 square feet in area, provided, however, that the provisions of this section shall not apply to assessor’s or proprietor’s plats of lands on which residences had been heretofore erected for upwards of ten years at the time of platting and width and square footage of the proposed lots are in as substantial compliance as possible.

Lot Lines: Side lot lines shall be essentially at right angles to straight streets and radial to curved streets.

Width Related to Length: Narrow deep lots shall be avoided. The depth of a lot generally should not exceed tow and one-half (2 ˝) times the width as measured at the building line.

Corner Lots: Corner lots shall have extra width to permit appropriate building setback from both streets or orientation to both streets.

Uninhabitable Areas: Lands subject to flooding or otherwise deemed by the City Council to be uninhabitable shall to be platted for residential purposes, or for uses that may in the judgement of the Township Board increase the danger to health, life or property or increase the flood hazard. Such land within a subdivision may be set aside for other uses, such as parks or other open space.

Lot Frontage: All lots shall front upon a street or road. Exceptions may be permitted for lots on lakes, rivers, or streams. The front line shall be the street or road unless otherwise shown on the plat.

Lot Division: The division of a lot in a recorded plat is prohibited, unless approved following application to the City Council. The application shall be filed with the City Clerk and shall state the reasons for the proposed division. No lot in a recorded plat shall be divided into more than four (4) parts and the resulting lots shall not be less in area than permitted by the City or county zoning ordinance. No building permit shall be issued, or any building construction commences, unless the division has been approved by the City Council and the suitability of the land for building sites has been approved by the County or District Health Department. The division of a lot resulting in a smaller area than prescribed herein may be permitted but only for the purpose of adding to the existing building site or sites. The application shall so state and shall be in affidavit form.

The following section of this Ordinance has been amended and is attached at the end of this Ordinance.

ARTICLE V – PENALTIES FOR FAILURE TO COMPLY WITH THIS ORDINANCE:

Penalties: Penalties for failure to comply with the provisions of this Ordinance shall be as follows: Violation of any of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one hundred dollars ($100) or imprisoned for not more than thirty (30) days, or both. Each day such violation continues shall be considered a separate offense. The land owner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the City council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this Ordinance or of the Subdivision Control Act.

ARTICLE VI – AMENDMENTS:

Procedures: The City Council may, from time to time, amend, supplement, or repeal the regulations and provisions of this Ordinance, as provided by law.

ARTICLE VII – MISCELLANEOUS PROVISIONS:

Validity: Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.

Effective Date: This Ordinance shall take effect in the City after adoption by the City Council, publication within twenty (20) days after adoption, entry in the City Ordinance Book and certification by the clerk as to the date of adoption, vote and publication, within ten (10) days of publication. The effective date shall be thirty (30) days after date of publication.

ARTICLE VIII – EFFECTIVE DATE: This Ordinance shall take immediate effect to provide for the usual daily operation of the City as outlined in Sec. 8.3b of the City Charter; further, this is merely an edited and renumbered version of an ordinance previously adopted and amended.

ORIGINAL ADOPTED: 01/08/74

EFFECTIVE DATE: 11/08/93

ORDINANCE AMENDING

ARTICLE V OF ORDINANCE NUMBER 4.01

OF THE CITY OF CRYSTAL FALLS

Ordinance Number 4.01 was passed by the City Council of the City of Crystal Falls, State of Michigan, on January 8, 1974;

An amendment of the wording in Article V is necessary and in the best interests of the citizens of the City of Crystal Falls in order to make said ordinance a civil infraction.

NOW THEREFORE, the City Council of the City of Crystal Falls ordains as follows:

SECTION ONE

AMENDMENTS

 Ordinance Number 4.01, Article V is hereby amended by rewording Article V to read:

PENALTIES: Penalties for failure to comply with the provisions of this ordinance shall be as follows: Violation of any of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one hundred dollars ($100) or imprisoned for not more than thirty (30) days, or both. Each day such violation continues shall be considered a separate offense. The land owner, tenant, subdivider, builder, public official or any other person who commits, participates in, assist in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the City council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this ordinance or of the Subdivision Control Act.

Any person violating this ordinance shall be deemed to have committed a civil infraction, subject to the payment of civil fines of $50.00 plus costs, for the first violation.

Any repeat offense shall be subject to increased fines, as follows:

First repeated offense shall be no less than $150.00 plus cost.

A fine for any second repeated offense or any subsequent repeated offense shall be no less than $250.00 plus costs.

Each day that such violation continues shall be considered a separate offense. Then nothing herein contained shall prevent the City Council or any other public official or private citizen from taking such lawful actions as is necessary to restrain or prevent the violation of this ordinance or the Subdivision Control Act.

EFFECTIVE DATE

This amended ordinance shall become effective in the City of Crystal Falls following the adoption by the City Council and upon publication.

Passed: October 14, 1996

Effective: October 23, 1996

Published: October 24, 1996