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Codified Ordinances of Battle CreekCHAPTER 1222Improvements1222.01 Preparation of construction plans. 1222.03 Required public improvements. 1222.07 Optional public improvements. 1222.08 Guarantee of completion of public improvements. 1222.09 Commercial subdivisions. 1222.10 Industrial subdivisions. 1222.11 Soil erosion and sediment control. CROSS REFERENCESApproval of plats; street system - see M.C.L.A. Sec. 125.43 Regulations governing subdivision of land; bond to secure improvement; publication of regulations - see M.C.L.A. Sec. 125.44 Approval or disapproval of plats; procedure; effect - see M.C.L.A. Sec. 125.45 Certification of city plats - see M.C.L.A. Secs. 125.51 et seq. Planning Commission - see P. & Z. Ch. 1202 1222.01 PREPARATION OF CONSTRUCTION PLANS.The subdivider of every proposed subdivision shall have prepared, by a registered engineer, a complete set of construction plans, including profiles, contours (topography), cross-sections, specifications and other supporting data, for the hereinafter required public streets, utilities and other facilities. All construction plans shall be prepared in accordance with the public improvement standards or specifications contained in this chapter. (Ord. 36-84. Passed 12-18-84.) 1222.02 MONUMENTS.Monuments shall comply with the requirements of the Subdivision Control Act (Public Act 288 of 1967, as amended). (Ord. 36-84. Passed 12-18-84.) 1222.03 REQUIRED PUBLIC IMPROVEMENTS.All subdivisions shall be improved with the following public improvements, in accordance with the following conditions and specifications: (a) Streets and Alleys. Full street improvements, including adequate subgrade preparation, hard surfacing, curbs and gutters, shall be required in every subdivision, in conformity with the construction standards of the City Engineer. The minimum standards for such street improvements are as follows: (1) Surfacing. The finished roadway surface shall be either bituminous or Portland cement concrete, installed in conformity with the specifications of the City Engineer. (2) Width. Minimum street surfacing widths shall be as specified by the typical cross-sections of the Major Streets Plan, as adopted by the Planning Commission.
(3) Curb and gutters. Concrete curbs and gutters of a type approved by the City Engineer shall be provided for all streets within each subdivision and along all streets that border on the subdivision. (4) Islands and boulevards. Where the subdivider proposes boulevard streets and/or street islands in the street pattern, the subdivider shall have suitable plans made for landscaping these areas. All such landscape plans shall be approved as to height, size and type of plant material by the Department of Parks and Recreation and shall be reviewed by the Traffic Engineer before construction by the subdivider. The City will accept the responsibility of living materials only after one year of growth. (5) Signs. Street signs of a type approved by the City Engineer shall be installed identifying the names of all streets at every intersection. If the subdivider wishes to erect a type of sign other than that used by the City as its standard, he or she may do so with the consent of the Planning Commission, at his or her expense, for the installation, maintenance and replacement of such sign off of the street right of way. (b) Sidewalks and Walk Easements. Concrete sidewalks shall be installed by the subdivider along each side of all streets within the subdivision at the time of street development, and along the side of all streets that border on the subdivision, in accordance with the specifications of the City Engineer. Walk easements, where required, shall have a four and one-half foot paving width centered within the required twelve-foot public easement. (c) Alleys. Where permitted, alleys shall be paved to their full width with concrete or bituminous materials and drained in accordance with the specifications approved by the City Engineer. (d) Street Trees. Street trees shall be required in each subdivision of a type, size and location as specified by the City Engineer. If, in the opinion of the City Engineer, lot trees of suitable species are located to give proper benefit to the street, this requirement may be waived. (Ord. 36-84. Passed 12-18-84.) 1222.04 WATER.A public water system containing supply lines, fire hydrants, valves and other water system appurtenances shall be constructed in conformity with the requirements of the City Engineer. (Ord. 36-84. Passed 12-18-84.) 1222.05 SANITARY SEWERS.A public sanitary sewerage system shall be constructed and the sewer size, grade and other appurtenances of the system shall be in conformity with the requirements of the City Engineer. (Ord. 36-84. Passed 12-18-84.) 1222.06 STORM SEWERS.A storm drainage system, including necessary storm sewers, drain inlets, manholes, culverts and other necessary appurtenances, is required and shall be constructed in conformity with the requirements of the City Engineer. (a) Natural Water Drainage Ways. All natural water drainage ways shall be preserved at their natural gradient, unless otherwise determined by the City Engineer. (b) Grading. All lots shall be finish graded so that all storm water drains therefrom. (Ord. 36-84. Passed 12-18-84.) 1222.07 OPTIONAL PUBLIC IMPROVEMENTS.(a) Street Lights. Street lights shall be of a type and design approved by the City Engineer. (b) Landscaping. Landscape plants, fences for screening or other suitable landscape treatment may be made by the subdivider within required buffer areas, parks or other open spaces where he or she desires to protect his or her development from the detrimental effects of adjacent expressways, major streets, railroads or other land uses. Landscape plans shall be indicated on the subdivider's improvement plans and are subject to the approval of the Planning Department and the City Engineer. (Ord. 36-84. Passed 12-18-84.) 1222.08 GUARANTEE OF COMPLETION OF PUBLIC IMPROVEMENTS.(a) Financial Guarantee Arrangements and Exceptions. As a condition of final plat approval, if prior to the actual installation of those public improvements which the City has determined to be the responsibility of the subdivider, the subdivider shall, pursuant to Section 182 of the Subdivision Control Act (Public Act 288 of 1967, as amended), provide financial security. The subdivider may elect one of the following: (1) Performance bond. A performance or surety bond to cover the cost of the contemplated improvements, as estimated by the City or its agents, shall be filed with the City Clerk. Such bond shall specify the time period in which the improvements are to be completed and shall be with an acceptable bonding company authorized to do business in the State. (2) Escrow fund. Cash or a certified check sufficient in amount to cover the cost of the contemplated improvements, as estimated by the City or its authorized agents, shall be deposited with the City Treasurer. The escrow deposit shall be for the estimated time period necessary to complete the required improvements. (3) Irrevocable letter of credit. An irrevocable letter of credit shall be issued by a bank authorized to do business in the State, in an amount to cover the cost of the contemplated improvements, as estimated. The City Commission shall rebate or release to the proprietor, as the work progresses, amounts equal to the ratio of the completed and accepted work to the entire project. (b) Failure of Subdivider to Complete Improvements. If the subdivider fails to complete the required public improvements work within such time period as is required by the conditions or guarantees as outlined above, the City Commission may proceed to have such work completed and shall reimburse itself for the cost thereof by appropriating the cash deposit, certified check or surety bond or by drawing upon the letter of credit, or shall take the necessary steps to require performance by the bonding company. (Ord. 36-84. Passed 12-18-84.) 1222.09 COMMERCIAL SUBDIVISIONS.Where commercial developments for retail sales, wholesale sales, business services, offices and similar establishments fall within the definition of subdivision as set forth in the Subdivision Control Act, such development shall conform to these Subdivision Regulations, except for modifications provided in this section. The development shall conform to all Zoning Code requirements. (a) Streets. Streets shall conform to Section 1220.03. All streets in a commercial subdivision shall be paved and shall have curbs and gutters and underground storm drainage. Streets shall be designed and constructed to adequately handle track traffic. Curb side parking and loading shall not be provided for, nor permitted on, any street in a commercial subdivision. No backing or similar maneuvering of vehicles to enter or leave a parking or loading space shall be permitted or provided for on a commercial subdivision street. Such movements shall be adequately provided for on each lot. (b) Ingress and Egress. Entry drives for the subdivision shall be located and designed so as not to create congestion or hazardous conditions on public streets serving the subdivision. Driveways from parking and/or loading areas shall intersect subdivision streets at a distance from street intersections that is large enough to permit the safe and convenient maneuvering of vehicles, including trucks. (c) Blocks. Blocks shall be designed to meet the needs of the commercial uses that will occupy the subdivision. However, block sizes shall meet the requirements of fire protection, snow removal and other service and emergency vehicles. (d) Lots. Lots shall conform to Zoning Code provisions. Lots in a commercial subdivision shall have access from subdivision or frontage streets and shall not open directly onto an arterial or other heavily traveled street. (e) Sidewalks. Sidewalks and pedestrian ways are required in commercial subdivisions, except where the Planning Commission determines that such facilities are not required for the safety and convenience of pedestrians within or around the subdivision. (f) Greenbelts. A greenbelt area, at least fifty feet wide and landscaped, shall be provided along the perimeter of a commercial subdivision where such a subdivision is adjacent to a residential area. The Commission may require the provision of a fence, wall or screen if it determines such is necessary to protect the adjacent areas from litter, trespass and other nuisances. Any intended future expansion of the commercial development should be shown on the preliminary plat submitted for tentative approval. (Ord. 36-84. Passed 12-18-84.) 1222.10 INDUSTRIAL SUBDIVISIONS.Where industrial developments, consisting of, but not limited to, manufacturing establishments, trucking and warehouse facilities and similar activities, fall within the definition of subdivision as set forth in the Subdivision Control Act, such development shall conform to these Subdivision Regulations, except for modifications provided for in this section. The development shall conform to all Zoning Code requirements. (a) Streets. Streets shall conform to Section 1220.03. All streets in an industrial subdivision shall be paved according to standards suitable for heavy trucking activities. All streets shall have concrete curbs and gutters with enclosed underground storm drainage. Streets within the park shall be designed and constructed to easily and conveniently accommodate the movement of large trucks. Street grades shall not exceed five percent and shall follow the land contours longitudinally. Street intersections shall have a minimum curb radius of twenty-five feet. (b) Off-Street Parking and Loading. Parking and loading on all streets in the industrial district shall be prohibited. Adequate parking and loading areas, and space necessary for maneuvering of trucks in loading and unloading operations, shall be provided on each site. Layouts which permit the use of streets for turn-around and other maneuvers shall not be acceptable. (c) Ingress and Egress. Entry drives for the subdivision shall be located and designed so as not to create congestion or hazardous conditions on public streets serving the subdivision. Driveways from parking and/or loading areas shall intersect subdivision streets at a distance from street intersections that is large enough to permit the safe convenient maneuvering of all vehicles, including semi-tractor/trailers. Normally, streets within the park shall not be extended to the boundaries of adjacent existing or potential residential areas or connected to streets intended for predominantly residential traffic. Streets within the subdivision shall be laid out so as to prohibit through traffic. (d) Greenbelts. A greenbelt area, at least fifty feet in width and landscaped, shall be required along the side and rear property lines of an industrial subdivision where such lines abut a residential, agricultural, institutional or commercial area. The Planning Commission may require the provision of a fence, wall or screen if it determines such is necessary to protect the adjacent areas and/or the industrial park from litter, trespass and other nuisances. (e) Future Expansion. Any intended future expansion of the industrial development should be shown on the preliminary plat as submitted for tentative approval. (f) Proprietary Interest. The proprietor's continuing interest, if any, in the subdivision shall be clearly described. (Ord. 36-84. Passed 12-18-84.) 1222.11 SOIL EROSION AND SEDIMENT CONTROL.Since considerable erosion can take place prior to the construction of houses, buildings, facilities and features in a subdivision, the various plats for a subdivision shall contain proposed erosion and sediment control measures. The measures shall be incorporated into the final construction drawings. Erosion and sediment control measures shall conform to the standards and specifications of the Soil Erosion and Sedimentation Control Act, Public Act 347 of 1972, as amended, and rules established thereunder. (Ord. 36-84. Passed 12-18-84.)
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