§ 78-167. Standards for approval.

(a)

Zoning compliance. No application for the division of acreage parcels shall be approved unless the minimum requirements of the zoning ordinance are met. Lot splits for nonconforming lots shall not be approved if the zoning schedule of regulations as listed within section 14.01 of the zoning ordinance is not met.

(b)

Access. No parcel shall be created unless accessibility is provided by either a public road or a private road constructed on a permanent, unobstructed easement. All private roads shall be constructed in accordance with the city engineering standards.

(c)

Parcel layout. The size, shape, and orientation of the parcel divisions shall be appropriate for the type of development and land use contemplated. The development, division, and/or access to remaining or abutting properties shall be considered. No division shall be approved which would conflict with existing drainage courses, easements or public rights-of-way. No division shall be approved which would preclude the feasibility and efficient development, division or access for remaining or abutting lands affected by the proposed division.

(d)

Utility easements. No application for the division of acreage parcels shall be approved without adequate provisions made for utility easements. Where such utility easements are needed, written evidence of their availability shall be submitted prior to approval.

(e)

Compliance with Subdivision Control Act. In no event shall approval be granted where the divisions are contrary to, or in violation of the Michigan Subdivision Control Act, Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.), as amended, or article II of this chapter.

(f)

Proof of tax payment. The applicant must provide proof of property tax payment by furnishing evidence of his most recent paid property tax bill.

(g)

Proof of acceptance and/or approval of improvements prior to approval. Where access is provided by a private road or driveway, proof that the road or driveway has been constructed and approved by the city engineer shall be provided prior to final approval. The city engineer shall review the private road or driveway for compliance with adopted city design standards. Where other improvements, such as storm drainage facilities and public sewer and water are required, proof that such improvements have been constructed and approved by the city engineer shall be provided prior to final approval.

(h)

Financial guarantees. In lieu of completion of all improvements prior to final approval, the city shall require a cash deposit, certified check, irrevocable letter of credit, or surety bond acceptable to the city to be deposited with the city clerk to cover the estimated cost of improvements. The financial guarantee shall be provided prior to final approval of the parcel division. The applicant shall provide a cost estimate of the improvements to be covered by the guarantee and such estimate shall be verified as to amount by the city. The form of the guarantee shall be approved by the city manager. If the applicant should fail to provide any site improvements according to the approved plans within the time period specified in the guarantee, the city shall be entitled to enter upon the site and complete the improvements. The city may defray the cost thereof from the deposited security or may require performance by the bonding company. If a cash deposit or irrevocable bank letter of credit is used, rebate to the applicant shall be made in a reasonable proportion of the work completed to the entire project as determined by the city manager. The zoning inspector may refuse to sign a final certificate of zoning compliance or certificate of occupancy until compliance with the approved final plan is achieved, or until adequate security is deposited as provided in this subsection.

(Ord. of 6-21-93, § 302.8)