23.01 SUBDIVISION REGULATIONS

23.02 APPLICATION OF REGULATIONS AND AUTHORITY

23.03 DEFINITIONS

23.04 PREAPPLICATION PROCEDURE FOR SUBMISSION OF PLATS

23.05 PRELIMINARY PLAT

23.06 APPROVAL OR DISAPPROVAL OF SKETCH PLAN

23.07 PRELIMINARY PLAT

23.08 PROCEDURE FOR APPROVAL OF FINAL PLAT

23.09 DESIGN STANDARDS FOR SUBDIVISIONS

23.10 UTILITIES AND IMPROVEMENTS

23.11 APPROVAL OF VILLAGE COUNCIL REQUIRED

23.12 METES AND BOUNDS PLATTING

23.13 SALES CONTRARY TO REQUIREMENTS

23.14 PUBLIC WATER AND SEWER SERVICE

23.15 VARIANCES

23.16 LAND DIVISION REGULATIONS

23.17 PRIVATE ROAD REQUIREMENTS

23.18 EXISTING PRIVATE ROAD REGULATIONS

23.19 FEES

23.20 VIOLATIONS

23.01 SUBDIVISION REGULATIONS

The subdivision of land is regulated for the following purposes:

a. To provide for orderly growth and development of the community.

b. To provide a street framework that is adequate for proper traffic circulation within the Village of Beverly Hills and with neighboring thoroughfares.

c. To provide for the subdivision of lands into home sites of reasonable qualities and adequate design.

d. To provide for adequate provision for water supply, sanitary sewerage, drainage and other health factors.

e. To provide for adequate public facilities such as school sites, recreation areas, utilities and municipal facilities.

f. To provide an orderly and efficient method for the processing and installation of subdivision improvements.

These regulations address the plat of land (refer to Section 23.04 through Section 23.14), land divisions (refer to Section 23.16) and private road requirements (refer to Sections 23.17 and 23.18). Except as otherwise provided in this chapter, no land shall be subdivided except in conformity with the regulations herein specified. Plats specified herein are subject to the approval of the Village Council and Village Planning Board of the Village of Beverly Hills. {Ord. 282, 4-27-97}

23.03 DEFINITIONS

Alley: A public way which permits or intends to permit the secondary means of ingress and egress to abutting property.

Easement: An acquired privilege or right of use which one person may have in the land of another.

Lot, Subdivision: A measured portion of a parcel or tract of land, which is described and fixed in a plat recorded with the Oakland County Register of Deeds, including an outlot. {Ord. 282, 4-27-97}

Plat: A map or drawing, or series of maps or drawings on which the subdivider's plan of subdivision is presented and which is submitted for approval with the intention to record.

Plat, preliminary: A map or drawing, or series of maps or drawings submitted for approval with the intention to secure a plat.

Street: A public way which permits or intends to permit the principal means of ingress and egress to abutting property.

Street, cul-de-sac: A so-called dead-end street which provides a greater right-of-way at the closed end of the street for the purpose of providing adequate turning radii and maneuverability to drivers of self-propelled vehicles.

Subdivide or Subdivision: The splitting or partitioning of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and is not listed as exempt from platting requirements in Section 108 of the Land Division Act, Public Act 591 of 1996, as amended or replaced. {Ord. 282, 4-27-97}

Subdivider: Any individual, firm, association, partnership, corporation or any legal entity commencing proceedings under this chapter to effect the subdivision of land for himself or for another.

Subdivision: Any division or resubdivision of property of which two (2) or more lots are created.

Zoning Ordinance: The Zoning Ordinance of the Village of Beverly Hills, Michigan.

23.04 PREAPPLICATION PROCEDURE FOR SUBMISSION OF PLATS

a. The subdivider may meet formally with the Village Planning Board to present a general outline of the subdivision proposal. The subdivider may present the following information:

1. A sketch plan and intent of development regarding land use, street layout, lot arrangement, tentative lot sizes, etc.

2. Proposals regarding utilities, water, sewer, street improvement, etc.

3. General indication of size and character of proposed buildings and structures.

b. The Village Planning Board may discuss the subdivision proposal with the subdivider regarding the regulations of this chapter, zoning ordinances and other ordinances or community plans which have a bearing or relationship to the property in question and the property in the general area.

23.05 PRELIMINARY PLAT

a. The Village Planning Board shall schedule a public meeting with the subdivider to consider the subdivision proposal. The public meeting shall be held at a regular meeting approximately thirty (30) days after the date of the meeting held in accordance with Section 23.04. The subdivider shall submit the following information to the Village Planning Board at such public meeting:

1. Ten (10) copies of necessary documents which indicate legal ownership interest of the property in question.

2. Ten (10) copies of an application in writing, indicating the intent to subdivide, the area to be subdivided and signed by the subdivider.

3. Ten (10) copies of a sketch plan which shall indicate intent regarding land use, street layout, lot arrangement, topography, tentative lot sizes, utilities, water, sewer, street improvements and general size and character of proposed buildings and structures. The sketch plan shall be at a scale of not more than two hundred feet (200') to the inch.

4. Ten (10) copies of an area development plan in sufficient detail to indicate neighboring land uses, access to major and minor streets, and locations of neighboring schools, churches and similar features.

b. Prior to the public meeting as indicated above, the Village Planning Board shall consider the information as submitted in accordance with Section 23.04. The Village Planning Board shall also:

1. Inspect the site and general area so as to become familiar with the physical aspects of the site.

2. Analyze the zoning of the site and general area and consider zoning changes if deemed desirable and necessary.

3. Review school and open space requirements of the area.

4. Inspect the improvement features of the area.

c. The Village Planning Board may deem it advisable to schedule an additional meeting or meetings to consider the information presented on the preliminary plat. In such case, additional meeting or meetings shall also be public meetings.

23.06 APPROVAL OR DISAPPROVAL OF SKETCH PLAN

The Village Planning Board shall notify the subdivider in writing of its approval or disapproval of the sketch plan and area development plan. Such notification of approval or disapproval shall be submitted to the subdivider within fifteen (15) days of the date of such decision. In the event that the Village Planning Board indicates its approval of the sketch plan, area development plan and other submitted material, the Village Planning Board shall advise the subdivider that he may proceed with the development of preliminary plat. In the event that the Village Planning Board indicates its disapproval of the material submitted, the Village Planning Board shall advise the subdivider of the items that do not conform to the regulations of this chapter, Zoning Ordinance, community plan or other ordinances or plans, and suggest methods in which such items may become acceptable to this chapter, Zoning Ordinance, community plan or other ordinances or plans.

23.07 PRELIMINARY PLAT

a. Upon written approval of the subdivision proposal from the Village Planning Board, the subdivider may submit ten (10) copies of a preliminary plat to the Village Planning Board. The preliminary plat shall be at a scale of not more than one hundred feet (100') to the inch and shall include the following:

1. Title under which the proposed subdivision is to be recorded, description of the land to be platted, name and address of owners and technical author of the plan.

2. Location of existing property lines, streets, utilities, buildings, structures, water courses, railroads and other physical features within the boundaries of the plan.

3. The location of adjoining streets, utilities, buildings, structures, and other physical features which relate to the development of the subdivision.

4. Topography by contours related to the U.S.G.S. survey datum, contour intervals to be five feet (5') where grade exceeds five percent (5%) and two feet (2') for grades of five percent (5%) or less.

5. The location, name and width of proposed streets, alleys and easements for public utilities. The location of parks, plantings, lots and building lines on the property to be subdivided.

6. The proposed method of water supply, sewage disposal and storm drainage.

7. Proposed use of property.

8. Areas proposed to be dedicated for public purposes.

9. Tentative draft of protective covenants whereby the subdivider proposes to regulate land uses and otherwise protect the proposed subdivision development.

10. Names and addresses of persons to whom the subdivider desires notices of hearings shall be sent.

11. Date, north point and graphic scale.

b. Upon receipt of the preliminary plat from the subdivider, the Village Planning Board shall schedule at least one (1) public hearing to consider said preliminary plat. Notices of the public hearing or hearings shall be sent by registered or certified mail to the persons indicated on the preliminary plat of the time and place of such public hearing not less than five (5) days prior to the date fixed therefore. Similar notice shall be mailed to the owners of land immediately adjoining the land of the preliminary plat as their names and addresses appear on the records in the Village Clerk's office.

c. The preliminary plat shall be subject to the conditional approval of the Village Planning Board which shall consider the Village's requirements and the most appropriate use of the land. Particular attention will be given to the standards of design, the justification for the development of public improvements, the subdivisions conformity to the existing street arrangements, safety of proposed uses from flooding and other health factors and economy of which public services can be obtained for the type of development proposed.

d. Within thirty (30) days of the public hearing, the Village Planning Board shall act thereon as submitted and/or modified, and if approved, the Village Planning Board shall express its approval to the subdivider as conditional approval of the Village Planning Board and shall state the conditions of such conditional approval, or if disapproved, shall express the reasons for such disapproval. In the event that the preliminary plat receives the conditional approval of the Village Planning Board, such conditional approval shall also be expressed to the Village Council. The Village Planning Board shall forward at least one (1) complete copy of the copy of the plans, action and other related material to the Village Council which shall be signed by the Chairman or Vice-Chairman and the date of such conditional approval. The conditional approval of the Village Planning Board shall not be interpreted as an acceptance by the Village of Beverly Hills of such subdivision proposal.

23.08 PROCEDURE FOR APPROVAL OF FINAL PLAT

a. The Village Council upon written notification of the conditional approval of the preliminary plat by the Village Planning Board, shall accept an application for the submission of the final plat from the subdivider. Said application shall be submitted to the Village Council at least ten (10) days prior to the Village Council meeting at which the application is to be presented. The Village Council may accept and file the application for approval of the final plat of the subdivider. In the case where the Village Council accepts the application for the submission of the final plat, the subdivider may proceed with the development of the final plat. Five (5) copies of the final plat and other exhibits prepared for approval shall be submitted to the Village Council within one (1) year after the conditional approval of the preliminary plat by the Village Planning Board; otherwise such conditional approval of the Village Planning Board shall become null and void, unless an extension of the time is applied for and granted by the Village Planning Board.

b. The Village Council shall submit a copy of the final plat to the Village Planning Board. The Village Planning Board shall review the final plat to determine if the final plat conforms substantially to the preliminary plat. The Village Planning Board shall recommend to the Village Council that the final plat either conforms or does not conform to the preliminary plat.

c. The final plat shall conform substantially to the preliminary plat as conditionally approved, and if desired by the subdivider, may constitute only that portion of the preliminary plat which he proposes to record and develop at the time, provided that such portion conforms to all requirements of the regulations herein prescribed. The subdivider shall forthwith submit the sum of sixty dollars ($60.00) plus five dollars ($5.00) per lot as determined from the preliminary plat, payable to the Village of Beverly Hills, should the Village Council accept and file the application for the submission of the final plat, to defray the expenses incurred for inspections and other costs.

d. The final plat shall be prepared by a registered professional engineer or registered land surveyor and shall indicate reference to any private restrictions which accompany the plat and shall contain proper acknowledgment of owner and mortgagee accepting said platting restrictions and which shall be in the proper form for recording. In addition to these requirements, the subdivider shall furnish the Village Council with information concerning the following:

1. Ownership of the property proposed to be subdivided as evidenced by an abstract of title certified to date, or a policy of title insurance.

2. The improvements and utilities to be installed by the subdivider. (See Section 23.10).

3. The alleys, streets and parks which are to be dedicated to the use of the public.

4. The total area in acres of the tract to be subdivided.

5. The net area in lots and in public ways and parks.

6. Cross sections and profiles of street showing grades and elevations based on a datum plan approved by the Village.

7. Plans for yard grading and drainage.

8. A proper bond or certified check to be posted with the Village of Beverly Hills and in sufficient amount to assure completion of all required improvements.

e. The Village Council upon receipt of the five (5) copies of the final plat and other information as described herein, shall consider the final plat for conformance to the preliminary plat, Zoning Ordinance, community plan and any other ordinance or plans which may have a bearing on the proposed subdivision. In the case that the Village Council accepts the final plat, the Village Council shall certify its approval on the final plats which shall be signed by the President and Village Clerk.

23.09 DESIGN STANDARDS FOR SUBDIVISIONS

The following design standards are required for a subdivision:

a. Streets

1. Continuation of Existing Street. The arrangement of streets shall make provision for the continuation of principal existing streets in adjoining or adjacent subdivision, insofar as they may be necessary for public convenience. Such streets shall be of a width as great as the street so continued or projected and the centerline shall continue with the centerline of existing streets.

2. Interior Streets. Interior streets shall be designed in such a way so as to discourage through traffic insofar as is possible.

3. Reverse Curves. A tangent of at least one hundred feet (100') shall be provided between reverse curves on collector and arterial streets. All streets intersecting a major street shall do so with a tangent section of the centerline not less than fifty feet (50') in length measured from the nearest right-of-way line of the major street.

4. Unsubmitted Portions of Subdivisions. Where the plats submitted cover only a part of the subdivider's property, a sketch of the proposed future street system of the unsubmitted portion shall be considered with the street system of the part submitted.

5. Major Arterial Streets. Where a subdivision abuts or contains an existing or proposed arterial street of one hundred twenty feet (120') or more in width, the Village Planning Board may require marginal access streets paralleling the arterial street, reverse frontage upon the arterial street with a prohibition of access along the rear property line, deeper lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

6. Topography. Proposed streets shall be so designed in relation to existing and proposed topography so as to produce lots and streets of reasonable grades.

7. Access to Adjoining Property. In general, proposed streets shall extend to the boundary of the subdivision to provide proper access to adjoining property, and provide for proper connection with the street system in the general area. In general, these extensions shall not be more than seventeen hundred feet (1,700') apart.

8. Street Intersections. Streets shall be required to intersect each other at as nearly right angles as practicable, and no street shall intersect any other street at less than sixty (60) degrees. Streets converging at one point shall be reduced in number to the least practical number.

9. Street Jogs. Street jogs with centerline offsets of less than one hundred twenty feet (120') shall be avoided.

10. Limited Access Highways. Where a subdivision borders on an existing or proposed limited access highway, the Village Planning Board may require a street right-of-way on each side of and parallel to such limited access highway, of a width suitable for requirements of approach grades and future grade separations.

11. Dedication of Half Streets. The dedication of half streets will be permitted only where the proposed subdivision adjoins a recorded subdivision and where there exists a dedicated and recorded half street; the other half of the street must be dedicated on the proposed plat to make the street complete.

12. Dead-end or Cul-de-sac Street. Dead-end and Cul-de-sac streets may be up to 1,500 feet long, subject to approval by the Village Council. The Village Council may require that a reduced street length and/or an emergency access be provided where conditions such as but not limited to site terrain, narrow road width, or deep roadside ditches limit access of emergency vehicles to the development. {Ord. 300; 6-7-00}

13. Street Widths. The minimum width for minor streets shall be sixty feet (60'), the minimum width for boulevard streets shall be ninety feet (90'), the minimum width of the wider end of a dead-end or cul-de-sac street shall be one hundred twenty feet (120'), the minimum width of arterial streets shall be one hundred twenty feet (120') or two hundred and four feet (204') when so designated on a community plan and the minimum width of a marginal access street shall be thirty feet (30') when abutting a major arterial street.

14. Street Grades. The minimum grade of streets shall be 0.40 percent for concrete street and 0.50 percent for all other streets. The maximum grade of streets shall be five percent (5%) provided that, where essential to reasonable development, seven percent (7%) grade may be permitted for minor streets.

15. Street Cross Sections and Elevations. The street cross sections shall indicate a slope from property line to the curb or edge of the street roadway. There shall be a minimum grade of one-quarter inch per foot for sidewalks if installed, and a minimum of three-eights inch per foot for the area between property line and curb or street roadway. In general, all street crowns shall be a minimum of eight inches (8") below the grade of adjoining property lines and indicated on the cross sections of the streets.

16. Curb Corners. Curb corners shall be rounded with a radius of not less than twenty feet (20'). Intersections where the interior angle is less than sixty (60) degrees, shall have curb corners rounded with a minimum radius of thirty feet (30') and when the interior angle is less than one hundred thirty-five (135) degrees the curb corners shall be rounded with a minimum radius of ten feet (10'). Property lines at such corners shall be rounded or otherwise set back sufficiently to permit such construction.

17. Access Over Water or Ditches. Access over water courses or ditches shall be provided by streets in a standard manner approved by the Village Engineer.

18. Street Names. All proposed streets in alignment with existing streets must bear the same name as the existing street. New street names shall not duplicate existing street names and all names shall be approved by the Village Planning Board.

b. Lots.

1. Lot Size. Lot size shall not be less than the minimum required by the Zoning Ordinance for the Zone District in which the plot is located. When a parcel of land is subdivided into lots of one-half (1/2) acre or more, the depth of such lots shall not be greater than three (3) times the length of the front lot line.

2. Side Lot Lines. All side lot lines should be at right angles to straight street lines, or radial side lot lines to curved street lot lines unless a variation from the rule would indicate a better street and lot plan.

3. Corner Lots. Corner lots shall have extra width sufficient to permit the maintenance of building lines on both the front and side streets. In normal cases, the width required will not be less than the established building lines on the side street, plus the irreducible buildable width and such side open space requirements as are required by the Zoning Ordinance.

4. Lots Abutting Major Arterial Streets. Where a subdivision abuts a major arterial street, the abutting property must be treated accordingly by any one of the following methods:

(a) When lots face the major thoroughfare, the lots must be large enough to provide a one hundred twenty foot (120') setback from the centerline of the major arterial street to the front building line of such lot, with a complete turn around for vehicular traffic.

(b) Provide a parallel access roadway along the major arterial street.

(c) Arrange lots to back up to the major arterial street with sufficient depth to provide and maintain a twenty foot (20') green belt along said major arterial street.

(d) Provide a system of cul-de-sac street leading from a street that is parallel to the major arterial street.

(e) Where a pattern for any one of the four items immediately above has been established along a major arterial street, the Village Planning Board may require the installation of similar pattern in order to obtain a measure of uniformity wherever practical.

c. Alleys.

1. Alleys must be provided in Business Zone Districts, except that the Village Planning Board may waive alley requirements where other definite and assured provision is made for service access, such as off-street loading, unloading and parking that is consistent and adequate for the uses proposed. Such alley or services access shall be suitably paved and placed upon an appropriate base.

2. The width of all proposed alleys shall not be less than twenty feet (20').

3. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be rounded or cut sufficiently to provide a minimum turning radius of not less than twenty feet (20') along the inner property line.

4. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn around facilities at the dead-end.

d. Easements. Easements across lots or centered on rear or side lot lines shall be provided for utilities and shall have a minimum width of twelve feet (12'). Easements generally shall be direct and continuous from block to block. Where a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such added width or construction, or both, as will be adequate for the purpose of the easement. Such easement shall have the approval of the Village Engineer and Oakland County Drain Commission.

e. Monuments. Monuments shall conform to and shall be placed as required in Act 288, Public Acts of 1967 as amended, known as the Subdivision Control Act of 1967.

f. Blocks. Residential blocks shall not be less than two hundred sixty feet (260') wide, and shall not be less than six hundred feet (600') long and shall be no more than seventeen hundred feet (1,700') long. Where lots are one-half acre or more in area, blocks up to twenty one hundred feet (2,100') in length may be approved. Block lengths shall be subject to the discretion of the Village Planning Board. Pedestrian crosswalks of not less than ten feet (10') in width may be required to provide circulation or access to schools, playgrounds or other similar uses.

g. Sidewalks. Sidewalks shall be required to be constructed as a condition of approval of the plat in all new plats or subdivisions that bound on a major street or county primary road or that portion of said plat or subdivision bounding on said major street or county primary road unless the Village Council, prior to approval of the plat, shall determine that the public health, safety and welfare does not require said sidewalk, in which event the Council may waive such requirement. All sidewalks shall be installed, inspected and approved in accordance with the then current engineering specifications of the Village. A cash bond shall be filed with the Village prior to final approval of the plat to guarantee said improvement being made.

h. Open Spaces. Where a proposed park, playground, school or other public use is located in whole or in part in the subdivision, the Village Planning Board may require the dedication or reservation of such area if considered practical.

i. Use. No property shall be subdivided for residential use if such property is considered unsuitable for residential building purposes by the Village Planning Board. All property uses and area regulations must be in accordance with the Zoning Ordinance.

23.10 UTILITIES AND IMPROVEMENTS

a. Improvements Required. Subdivision plats shall not be approved by the Village Council unless a cash bond is filed with the Village Council to guarantee the following improvements:

1. Roadway Surfacing. Roadway surfacing on all streets and intersections shall have a minimum width of twenty-seven feet (27') for all residential streets. The roadway shall consist of a concrete pavement placed upon a suitable base for all residential streets; such concrete pavement shall be approved and installed in accordance with the engineering standards of the Village of Beverly Hills. Said improvements shall be installed, inspected and approved by the Village Engineer prior to the issuance of any occupancy permit by the Building Inspector for any use improvement adjoining said roadway.

2. Curbs of appropriate material shall be provided along roadways.

3. The installation of trunk line and lateral sewers and storm inlets and/or other suitable surface water sheds and any other necessary appurtenances.

4. The installation of trunk line and lateral sanitary sewers with building connections to the property lines and from the nearest lateral or trunk line sewer, and any other necessary appurtenances.

5. The installation of water mains, fire hydrants and any other necessary appurtenances.

6. All plans and specifications of utilities and/or improvements heretofore mentioned must be approved by the Village Council and the construction must be carried out under the direction of the Village Engineer in strict accordance with the Village of Beverly Hills engineering specifications and designated on the plans for the various kinds of improvements, which specifications are made a part hereof fully as much as if set forth herein in full.

b. Grading. All open spaces in the subdivision shall be graded in such a manner as will avoid the ponding of storm water in the rear open spaces of the subdivision.

c. Drainage. Each lot shall drain generally to the street, with a grade of not less than one percent (1%) so that water will be allowed to flow over the surface of the ground and away from the walls of the building.

d. Grade. In general, the rear open spaces shall slope from the rear property line towards the building, and also from the building towards the rear property line. The valley formed in the rear open space shall slope towards the side open space or to the driveway on the one side of the lot. The driveways or side open space shall be so graded as to allow the water to drain over the surface of the ground from the side or rear open spaces of the lot to the streets. In the event that prevailing grade conditions do not permit drainage of rear open spaces to the streets, a minimum longitudinal slope of the rear easement may be permitted, which shall not be sloped more than four-tenths of a foot per hundred feet (100'), with a maximum run from the high point to low point not to exceed eight hundred feet (800'). Low points shall be drained with beehive type inlets and enclosed drain to proper storm drain. Each detail plan shall be prepared by the builder and approved by the Village Engineer prior to the issuance of any occupancy permit for use improvements adjoining said drainage improvements.

e. Slopes. No rear open spaces shall be graded to adjacent rear or side property lines as to require a slope of more than one foot in two feet, and such slope shall lie wholly within 6 feet (6') of the lot line. The Village Engineer may require a retaining wall to be placed on the rear or side lot line where excessive cut or fill may interfere with normal use of the whole lot or adjoining property.

f. Water Drainage. Buildings shall be placed on lots so as to minimize the interference with the natural flow of surface water. Any grading on the lot shall not divert surface water to adjoining lots other than the manner expressed above.

g. Street Signs. Street signs shall be provided and erected by the subdivider of the same type and design in general use within the Village of Beverly Hills.

h. Trees. Street trees shall be provided and installed by the subdivider in accordance with a planting plan approved by the Village Council.

23.11 APPROVAL OF VILLAGE COUNCIL REQUIRED

No plat shall be transmitted to any County or State approving agency for official approval until each plat shall have been approved by the Village Council.

23.12 METES AND BOUNDS PLATTING

The description of any lot or parcel of a subdivision, filed hereafter, by metes and bounds in the instrument of transfer or other document used in the process of selling or transfer, is a violation of these regulations, unless the aggregate lot area conveyed meets the required minimum size of platted lots.

23.13 SALES CONTRARY TO REQUIREMENTS

No person shall sell or convey any lot in any plat by reference thereto until such plat has been duly recorded in the office of the County Register of Deeds.

23.14 PUBLIC WATER AND SEWER SERVICE

Public water or sewer service shall not be provided for any dwelling or other structure located on a plat subdivided or sold in violation of these regulations excepting that such services may be installed in any structure when deemed necessary by the Health Department for the protection of public health.

23.15 VARIANCES

a. Hardship. Where the Village Planning Board determines that extraordinary hardship may result from the strict compliance with these subdivision regulations, it may vary the regulations so that substantial justice may be done and public interests secured; provided that such variation will not have the effect of nullifying the intent and purpose of any community plan or the regulations herein.

b. Conditions. In granting subdivision variances and modifications, the Village Planning Board may require such conditions as will substantially secure the standards or requirements so varied or modified.

23.16 LAND DIVISION REGULATIONS

a. Purpose. In the interest of promoting orderly development and protecting the public health, safety and welfare, the Village Council of Beverly Hills finds that it is necessary to regulate the division of land that is otherwise not subject to platting procedures and requirements. The purpose of this Chapter is to carry out the provisions of the State Land Division Act as amended, and to prevent the creation of parcels of property which do not comply with applicable ordinances and said Act. It shall be unlawful for any person to divide any lot, outlot, or other parcel of land in a recorded plat except in accordance with Section 263 of the Land Division Act, the ordinances of the Village of Beverly Hills, and this Section, or to divide any unplatted parcel or tract of land, except in accordance with the provisions of this Section, unless the division is approved and a part of a recorded subdivision, pursuant to the Village Subdivision Regulations (Chapter 23 of the Village Code) and the Land Division Act, Public Act 591 of 1996, as amended.

b. Applicability. Land divisions of any platted or unplatted lot, parcel or tract of land are subject to the requirements of this Section, including a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel. Exempt divisions from this Section include:

1. A parcel proposed for subdivision through a recorded plat pursuant to the Village Subdivision Regulations.

2. The division of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns that does not result in one or more parcels of less than 40 acres or the equivalent. For a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel, any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the Land Division Act, as amended, the Village Zoning Ordinance and this Section. Documentation of such divisions shall be provided to the Assessor or other designated official.

c. Definitions. Whenever used in this Section, the following words and phrases shall have the following meaning ascribed to them:

1. Accessible: In reference to a parcel, means that the parcel meets one or both of the following:

(a) Has an area where a driveway provides vehicular access to an existing road or street and meets all applicable location standards of the Village or the Road Commission for Oakland County, or has an area where a driveway can provide vehicular access to an existing road or street and that will meet all applicable location standards.

(b) Is served by an existing easement that provides vehicular access to an existing road or street that meets all applicable location standards of the Village or the Road Commission for Oakland County, or can be served by a proposed easement that will provide vehicular access to an existing road or street and that will meet all applicable location standards.

2. Acreage Tract or Acreage Land: Land or real estate that is not located in, or a part of, a recorded plat or a condominium plan.

3. Applicant: An individual, firm, association, including a condominium association, partnership, corporation, or combination thereof, or other legal entity that holds ownership interest in land whether recorded or not, and is seeking approval for a division of land in accordance with this Ordinance.

4. Condominium Lot: The land portion of a condominium unit, together with the land in any adjacent and appurtenant limited common element.

5. Development Site: Any parcel or lot which exists or which is intended for building development, except agricultural or forestry uses as provided in Section 102 of the Land Division Act.

6. Divide, Division, Division of Land: The splitting or partitioning of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and that satisfies the requirements of Sections 108 and 109 of the Land Division Act.

7. Forty acres or the equivalent: 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres.

8. Governing body: The Beverly Hills Village Council.

9. Land: All land areas occupied by real property.

10. Land Division Act or Act: Act 591 of Public Acts of 1996, as amended.

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

12. Parcel: A contiguous area or acreage of land as described in the Land Division Act.

13. Parent Parcel or Parent Tract: A parcel or tract, respectively, lawfully in existence on March 31, 1997.

14. Person: An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other legal entity acting as a unit.

15. Plat: A map or chart of a subdivision of land that has been approved in accordance with the Land Division Act, Michigan, as amended, or any predecessor act.

16. Private Road: A portion of land used for ingress and egress to and from two or more parcels, lots, zoning lots, or condominium lots, where such land or road has not been accepted for dedicated public use and maintenance by the Village of Beverly Hills, the Road Commission for Oakland County, or the State of Michigan.

17. Public Road: A road which is dedicated for use of the public for travel, which is maintained by a public agency, such as the Village of Beverly Hills, or the Road Commission for Oakland County, and is recognized by the State of Michigan under the provisions of Public Act 51 of 1951, as amended.

18. Tract: Two or more parcels that share a common property line and are under the same ownership.

19. Width (lot, parcel or tract): The length of a straight line drawn between the points where the front setback intercepts the side lot, parcel or tract lines.

20. Zoning Ordinance: Chapter 22 of the Village of Beverly Hills Municipal Code, as amended.

d. Application Requirements, Review Process and Fees.

1. Application Requirements: An applicant shall file all of the following with the Building Official for review and approval of a proposed land division before making any division either by deed, land contract, lease for more than one year or for building development.

(a) 20 copies of a completed application for land division, along with the required application fee, as established by Village Council resolution. The fee shall be set by the Village Council to cover the cost of staff and consultant reviews, meetings, administrative time, public hearings, and notifications.

(b) Adequate and accurate legal descriptions of the parent parcel or parent tract and each proposed parcel.

(c) The parent parcel or parent tract and each resulting parcel to be created by the proposed division shall be included on a tentative parcel map. The drawing shall be drawn at a scale of not less than one inch equals 100 feet and shall include the following:

(i) Scale
(ii) North arrow
(iii) The area and width of the parent parcel to be divided.
(iv) The area and width of each resulting parcel.
(v) All parcel line dimensions of the parent parcel and resulting parcels.
(vi) Separate and distinct designation of existing and resulting parcels.
(vii) Proposed method of providing access to each resulting parcel, demonstrating that said parcels are accessible, as defined in this Section.
(viii) The location, setbacks and size (area and height) of all structures on and within 100 feet of the resulting parcels.
(ix) Location of all existing and proposed public and private easements and rights-of-way.

(x) Location of surface water; drains; floodplains; and wetlands as identified by a recognized wetlands expert or the Michigan Department of Environmental Quality.
(xi) Location of existing water, sanitary sewer, storm drains, and power utility services within 100 feet of the existing and proposed parcels.
(xii) All other information needed to determine compliance with this Section and Section 109 of the Land Division Act.

(d) Copies of all recorded documents which demonstrate the lawful existence and date of creation of the parent parcel. If any portion of the parent parcel was included in a previous application for division, the applicant shall specify the date(s) of such application(s) and the action(s) taken. The information must be sufficient to verify that the parent parcel was lawfully in existence as of March 31, 1997,

(e) A current commitment or policy of title insurance which indicates that the applicant is owner in fee title to the property described and written consent from all title or deed holder(s) of the parent parcel.

(f) Written approval from the Village Engineer or the Road Commission for Oakland County with regard to compliance with applicable location standards for all means of accessibility.

(g) A listing of each existing land parcel located within 500 feet of any portion of the parent parcel or parent tract proposed for division including the area of each. Said list shall be prepared, sealed and certified as accurate by a licensed engineer or registered land surveyor.

(h) Verification of adequate sight distance from the Village Engineer or Road Commission for Oakland County .

(i) If any portion of the land is subject to a farmland or open space development rights agreement pursuant to Michigan Public Act 116 of 1974, as amended, the Farmland and Open Space Preservation Act or an agreement pursuant to Michigan Public Act 451 of 1994, then a copy of the agreement shall be provided to the Village for review.

(j) If transfer of division rights are proposed, the applicant shall provide written disclosure of the terms and availability of the proposed division rights transfer.

(k) Documentation that all due and payable taxes or installments of special assessments pertaining to the land proposed to be divided are paid in full.

(l) Verification that all requirements of the Land Division Act, as amended, are met.

(m) Any other information the Village deems necessary to make the determination required by this Section.

2. Land Division Review Process

(a) Pre-Application Meeting (Optional). Applicants may request an optional pre-application meeting with the Building Official and, if desired, the assessor and planning consultant. Preliminary review meeting requests shall be submitted to the Building Official. The purpose of a pre-application meeting is to provide the applicant with preliminary procedural and design guidance regarding proposed land divisions prior to formal application.

(b) Submission of Application to Building Official. All applications for division of land shall be submitted, together with the required information and fees, to the Building Official or a designated representative. The application shall be submitted 14 days prior to the next available Planning Board meeting. If the Planning Board is not able to meet in a timely manner that permits review by the Village within the 45 day statutory requirement, due to holidays or other events, the application shall be forwarded directly to the Village Council. In all cases, the application shall be submitted 30 days before the Village Council meeting during which the application will be reviewed.

(c) Application Sufficiency Review. Applications for review must include all required information. The Building Official shall review within five days the application for completeness of data and to determine whether it is in compliance with this Section. The Building Official may involve the assessor, planning consultant, and a representative of the Planning Board to determine the completeness of the application.

(d) Consultant and Departmental Review. If the Building Official determines that all required information is provided for review, the Building Official shall submit the application to various departments and consultants of the Village for review and recommendations, including but not limited to departments or consultants having jurisdiction over assessing, planning, and engineering. If the Building Official determines that the application is incomplete, the Building Official shall notify the applicant in writing, and shall indicate areas of deficiency.

(e) Scheduling for Public Hearing. Upon finding that an application is complete, the Building Official shall request the Clerk to schedule a public hearing before the Planning Board. If a public hearing cannot be scheduled before the Planning Board due to circumstances noted in subsection "b" above, the hearing shall be scheduled before the Village Council. A public hearing notice shall be published in a newspaper of local circulation and mailed to all residents within at least 500 feet of the subject site not less than five days prior to the public hearing.

(f) Review by Planning Board. The Building Official shall provide the completed application and review materials to the Planning Board. The Planning Board shall hold a public hearing review and consider the application at its next regular meeting. Following the public hearing and review of the proposed division of land, and after consideration of the comments from the public, Village departments and consultants, the Planning Board shall submit a recommendation to the Village Council. If the Planning Board finds the submittal does not meet the standards for approval, the applicant may request a postponement to allow resubmittal of a revised application for review or to allow for a Zoning Board of Appeals review of applicable variance requests, but the applicant shall waive the 45 day approval requirement. If a public hearing cannot be scheduled before the Planning Board due to circumstances noted in subsection "b" above, the hearing shall be scheduled before the Village Council.

(g) Final Decision of Village Council. After reviewing the complete application, the findings and recommendation submitted by the staff, and Planning Board (if applicable), the Village Council shall make the final decision within 45 days after the receipt of complete application as determined by the Building Official concerning any application for division of land, based on the standards set forth in this Ordinance. The Village Council may approve, approve with conditions or deny the application.

3. Notice of Decision:

(a) All decisions regarding land divisions shall be in writing.

(b) All decisions approving land divisions shall include a statement that:

(i) the approval of a land division is not a determination that any of the resulting parcels comply with other ordinances or regulations;
(ii) the Village and its officers, employees and contractors shall not be liable if any or all of the resulting parcels may not be used for building or other purposes;
(iii) all outstanding and due special assessment installments and taxes, including delinquent taxes, must be paid as a condition to the issuance of new parcel identification numbers.

(c) A decision denying an application shall include all the reasons for denial.

(d) Where a land division is approved for a parcel which does not satisfy Zoning Ordinance requirements, the applicant shall file with the Village an affidavit, suitable in form for recording with the office of the register of deeds, signed by all persons having a legal or equitable interest in the parent parcel and resultant parcels, stating that the signatories understand that the resultant parcels may not be developed or used separately for building purposes, except in combination with adjoining parcels which, when joined together, satisfy the requirements of the Zoning Ordinance. If, however, the Zoning Board of Appeals has granted the applicable variances to the zoning requirements then an affidavit is not warranted and the notice of decision by the Planning Board shall include a reference to the Zoning Board of Appeals action(s).

(e) The Village shall require that the applicant submit the affidavit in recordable form to the Village, to be recorded by the Village attorney.

4. Fees: Fees for meetings and reviews will be established by Village Council resolution to cover the cost of staff and consultant reviews and meetings, administrative time, recording notices and affidavits and public notifications. All fees shall be paid in full by the applicant.

e. Review Standards

The following standards shall be used as the basis upon which applications for division of land are reviewed:

1. Compliance with State Law. An application for division of land shall not be approved unless it is in compliance with the Land Division Act. Accordingly:

(a) All acreage tract or acreage parcel divisions shall be in compliance with Sections 108, 109, 109a and 109b of the Land Division Act. The number of divisions, including previous divisions of the parent parcel or parent tract, shall not exceed the maximum permitted in Section 108 of the Land Division Act.

(b) No lot, outlot or other parcel of land in a recorded plat shall be further partitioned or divided unless in conformity with the Land Division Act and the ordinances of the Village.

2. Dimensional Requirements. Resulting parcels shall comply with the applicable area, frontage, width, yard, setback and floodplain standards of the Zoning Ordinance or Building Code. All divisions shall result in parcels containing sufficient buildable area outside of wetlands, floodplains, and other areas where buildings are prohibited, and with sufficient area to comply with all required setbacks, minimum floor areas, off-street parking spaces, on-site sewage disposal and water well locations (where public waste and sewer service is not available), and maximum coverage of buildings and structures on the site. A proposed division which does not comply with applicable yard, frontage and area requirements of the Zoning Ordinance shall not be approved unless the Zoning Board of Appeals has granted a variance from the applicable zoning standard with which the proposed division does not comply or an affidavit, as described in section d.3.d, has been submitted to the Village.

3. Easements for Public Utilities. Each resulting parcel that is a development site shall have adequate easements for public utilities. For purposes of this subsection, an easement shall be deemed adequate if it is in a reasonable and lawful location, and the easement is recorded as a condition of approval of the division.

4. Depth to Width Ratio. The depth to width ratio of a resulting parcel created through land division shall not exceed four to one. The Village Council may allow a variance from this requirement if the Village Council finds that any of the following apply:

(a) The proposed depth or width is warranted because a substantial amount of the described land area is located within a 100 year floodplain or designated wetland;

(b) The width and depth of the adjoining lots or parcels are similar to the dimensions of the proposed parcel;

(c) The proposed division of land reduces the degree of nonconformity of existing parcels;

(d) The affected land is located entirely within a platted subdivision, represents less than 15% of the area of a lot of record, is not being subdivided with intent of creating a new development site, and is being processed concurrently with combination with an existing lot.

5. Disruption of Flow of Water. Where divisions of land would result in subsequent development that may disrupt existing or natural flow of water within drainage ditches, natural water courses, storm drains, or government maintained drains, evidence of a feasible alternate method of drainage shall be presented.

6. Consideration of Deed Restrictions. The consistency of a proposed land division with existing deed restrictions, made known at the time of review, may be considered by the Village Council to determine if the proposed land division would be consistent with sound community planning principles. However, such deed restrictions shall not be binding upon the Village under this Section, unless the Village is a party to such deed restriction.

7. Consent of the Title Holder. No land division shall be approved without the consent of the current title or deed holder of the subject parcel.

8. Character of Surrounding Development. The Planning Board and Village Council shall consider the impact of subsequent construction on the character of surrounding development. In evaluating character of surrounding development, the Planning Board and Village Council shall consider the size, dimensions, and proportions of existing surrounding parcels. The Village Council shall not approve a division of land resulting in a parcel which has a land area less than the average land area of all land parcels of a like zoning classification located within the Village within 500 feet of any portion of the proposed division. The average land area of the surrounding parcels shall be computed, sealed and certified as accurate by a licensed engineer or registered land surveyor at the expense of the petitioner.

9. Parking Requirements. An application for land division shall not be approved if it would result in a loss of parking such that development on any of the resulting parcels would be unable to comply with the minimum parking requirements in the Zoning Ordinance.

10. Accessibility. All resulting parcels shall be accessible, shall have the required minimum frontage on a public road, or on a private road that complies with the requirements in Section 23.17 of this Code and Section 22.08 of the Zoning Ordinance, and shall have adequate sight distance. Compliance with this subsection shall be confirmed in writing by the Village Engineer or the Road Commission for Oakland County.

11. Compliance with Village Regulations. A land division shall not be approved, except as provided in d.3.(d), if it would have the effect of avoiding the requirements of the Zoning Ordinance, would prevent the enforcement of provisions of site plan approval, or would result in the creation of a nonconformity or a violation of any municipal ordinance.

12. Compliance with Village Master Plan. A proposed land division may be denied if the Village Council finds that it is inconsistent with the Village Master Plan.

13. Taxes or Assessment Liens. Any due unpaid taxes or special assessments upon the property shall be paid before the division of land is given final approval.

f. Appeals and Variances. Refer to Section 23.15 {Ord. 294, 6-17-99}

23.17 PRIVATE ROAD REQUIREMENTS

a. Review and Approval. Proposal for construction of private roads shall follow the following review procedures.

1. Process: In order to provide the applicant and Village Council with adequate opportunity to discuss a private road, a three-step approval process is provided for private roads:

(a) Pre-application meeting(s): Such meeting(s) shall be requested by the applicant to discuss basic layout, design, and procedural issues with Village staff and planning consultants.

(b) Preliminary Review by the Planning Board: Following the pre-application meeting, the applicant shall submit a completed application (Sub-Section 2 (a) and (d) below) for preliminary review. The preliminary review provides the applicant with an opportunity to receive review comments from Village representatives in advance of incurring costs for preparation of final surveys and legal descriptions for a complete final application. Applicants have the option of submitting final plans and specifications for preliminary review.

(c) Final Review: All information required in Section 23.17, Sub-Section a.2 Application Requirements below must be submitted for final review.

(d) Fees: Fees for pre-application meetings, preliminary and final reviews will be set by the Village Council to cover the cost of staff and consultant reviews and meetings, administrative time for public hearings and public notification.

2. Application Requirements: An applicant shall file the required number of copies of all of the following with the Building Official for review and approval of a private road.

(a) A request for approval of a private road submitted in writing to the Village Council.

(b) Copies of the proposed easement.

(c) Copies of the proposed Private Road Maintenance Agreement.

(d) A private road plan drawn to scale and prepared by a registered professional engineer which indicates the following:

(i) A drawing of the proposed private road and road easement in relation to intersecting streets and adjacent properties.
(ii) The location of existing structures on adjacent properties.
(iii) The location of all existing and proposed public and private easements and rights-of-way.
(iv) Topography on the site and within 100 feet of the site at two foot contour intervals, reference to a U.S.G.S. benchmark.

(v) Location of surface water, drains, floodplains, and wetlands.
(vi) Location of existing water, sanitary sewer, and power utility services.
(vii) Road cross section, showing type and depth of base and surface materials.
(viii) Proposed method of drainage.
(ix) Other information deemed necessary by the Village Engineer to make the determination required by this Ordinance.

(e) A survey drawing of the road, sealed by a Professional Surveyor, and final engineering plans, sealed by a Registered Professional Engineer.

3. Approval Procedures

(a) Submission to Building Official. All applications for private roads shall be submitted, together with the required information and fees, to the Building Official or a designated representative. The materials submitted to the Planning Board shall include all information as required for preliminary or final review in Sub-Section a.2 Application Requirements.

(b) Review for Application Completeness by Staff. Applications for preliminary and final review must provide all required information. The Building Official shall review the application for completeness of data and determine whether it is in compliance with this Section.

(c) Notification of Incomplete Application. The Building Official shall notify the applicant in writing if an application for preliminary or final review is incomplete. The Building Official shall submit the application to various departments and consultants of the Village for review and recommendations, including but not limited to, departments or consultants having jurisdiction over assessing, planning, and engineering, and the Village Attorney.

(d) Preliminary Review by Planning Board. Applications for preliminary review, prepared in accordance with the information required in Sub-Section a.2.(a) and (d), shall be submitted to the Building Official. When a complete application is received, the matter will be placed on the agenda of a regular Planning Board meeting for review.

(e) Planning Board Public Hearing and Notification. In conjunction with the Final Review by the Planning Board, the Building Official shall request the Clerk to schedule a public hearing before the Planning Board. A public hearing shall be published in a newspaper of local circulation and mailed to all residents within at least 500 feet of the subject site not less than five nor more than fifteen days prior to the public hearing.

(f) Final Review by Planning Board. The Building Official shall provide the completed application and review materials to the Planning Board. The Planning Board shall consider the application at a regular meeting. Following review of the private road, and after consideration of the comments from the Village departments, consultants, and the public, the Planning Board shall submit a recommendation to the Village Council.

(g) Final Decision of Village Council. After reviewing the complete application, the findings and recommendations submitted by the staff, and Planning Board, the Village Council shall make the final decision concerning any application for a private road, based on the standards set forth in this Ordinance. The Village Council may also hold a public hearing on the application. Notice shall be given in the same manner set forth in Sub-Section a.3. (e) above. The Village Council may approve, approve with conditions, or deny the application. {Ord. 295, 7-16-99}

23.18 EXISTING PRIVATE ROAD REGULATIONS

Private roads in existence as of the effective date of this Ordinance are allowed to continue to serve their original functions, subject to the following provisions:

a. Village Not Responsible. The Village is not responsible nor shall the Village be obligated in any manner to perform regular inspections of a private road or to provide necessary repairs or maintenance.

b. Maintenance. All maintenance of private roads shall be the responsibility of the property owner(s) served by the roads.

c. Issuance of Construction Permits. Prior to the issuance of a building permit, an applicant for a permit for new construction on any property where the only means of access is a private road, shall (a) present a legally binding Private Road Maintenance Agreement for said private road which meets the requirements in Section 23.17(e) of this Code and (b) satisfy Section 23.18(f) of this Code.

d. Maintenance Agreement Required. All existing private roads shall have a legally binding Private Road Maintenance Agreement in effect with the Village no later than twelve (12) months following the effective date of this Ordinance (April 3, 1991). Each agreement on an existing private road shall meet the requirements of Section 23.17(e) of this Code.

e. Continuation of Village Services. Effective fifteen (15) months following the effective date of this Ordinance (April 3, 1991), the Village shall discontinue all nonemergency services (such as regular police patrols and refuse collection) provided to any owner or occupant of property which has a private road as its only means of access requiring use of the private road, and is not (a) referenced in an approved legally binding Private Road Maintenance Agreement and (b) in compliance with Section 23.18(f) of the Code. A public hearing shall be held by the Village Council prior to the discontinuance of any current service. Each property owner or occupant located on a private road shall be notified in writing of the hearing by the Village Manager.

f. Easement Requirements. The easement documents on an existing private road shall be reviewed by the Village Manager and the Village Attorney prior to the approval (or waiver pursuant to Section 23.18(g) of this Code) of any Private Road Maintenance Agreement. The easement documents must comply with the following requirements: If the Village Manager and the Village Attorney determine that any of the following requirements are not met, a public hearing shall be held by the Village Council to determine if the requirements have been met. Each property owner or occupant located on a private road shall be notified in writing of the hearing by the Village Manager.

1. The existing easement width, roadway width, and roadway condition shall be adequate to serve the area.

2. Emergency vehicles shall have access to all of the involved properties.

3. All appropriate parties, including the Village, shall be guaranteed access to the properties.

4. The Village shall be sufficiently held harmless for liability.

g. Condominiums. A separate Private Road Maintenance Agreement shall not be required for a condominium with private roads if, after submission of the pertinent condominium documents to the Village Attorney, the Village Attorney determines that the condominium documents satisfy the requirements of Section 23.17(e) of this Code.

23.19 FEES

All engineering and inspection fees, in addition to those in Act No. 288 of the Public Acts of 1967, shall be paid or secured onto the Village prior to time service or action called for is to be performed. Required fees for the following service or action shall be as established by resolution by Village Council.

Service Provided

CHECKING

Pre-Preliminary. Examination, from engineering viewpoint for general conformance to contours and topographic features. Also includes general consultation.

Plat Layout. Checking preliminary plat. Predevelopment examination of land area to be developed, for easements, highway accesses, terrain, water supply, sewer service, etc. (this will not be a formal review of lot areas or dimensions since dimensions are generally approximate at this stage).

Checking final plat, this includes a review of lot dimensions and areas for final platting.

Streets. Checking street plans. Examination of final construction drawings to assure their adequacy and conformance to adopted standards and/or stipulated requirements.

Sidewalks. Examination of final construction drawings to assure their adequacy and conformance to adopted standards and/or stipulated requirements.

Subdivision Grading. Checking grading plans. Examination of final construction drawings to assure proper elevations and according to accepted standards.

Water System. Checking distribution system plans. Examination of final construction drawings to assure their adequacy and conformance to adopted standards and/or stipulated requirements.

Checking pump station plans. Examination of final construction drawings to assure their adequacy, and their conformance to adopted standards and/or stipulated requirements.

Pump house without treatment
Pumping and treatment

Sanitary Sewage Facilities. Checking sewerage system plans. Examination of final construction drawings to assure their adequacy and their conformance to adopted standards and/or stipulated requirements.

Off-Site Improvements. Checking fees for off-site improvements, such as water mains and/or sanitary sewer extensions being constructed to provide service to a development, will be determined at the time of submittal.

All work involved in the checking of the initial plan submitted, and the subsequent review of the first submittal of revised plans is included in the fees noted above.

Additional reviews of plans which are revised subsequent to the first submittal of revised plans will require payment of an additional fee. This fee will be an amount no less than one-half of the fees noted above and in the event of a complete revision in the design concepts, may equal the amount of the original fee. The actual amount to be assessed will be determined at the time of such submittal.

EXAMINATION OF CONSTRUCTION AFTER SUBSTANTIAL COMPLETION

On-site examination of subdivision grading. Check subdivision grading after road subgrade approval to determine general conformance to plan. (Inspection
of the final lot grading to be by the Building Inspector prior to issuance of an occupancy permit.)

SUBDIVISION MONUMENTS

On-site examination to verify the existence of monuments as indicated on the final plat.

INSPECTION OF CONSTRUCTION

Fee for inspection per crew day per calendar day of inspection. The basis of computing crew days is as follows:

Through 4 hours One-half crew day
4-1/2 hours through 8 hours One crew day
Over 8 hours One-quarter crew day
for each 2 hours or
part thereof

Construction operations requiring full-time inspection are generally defined as follows:

General. Checking of barricades and signs for compliance with permits when requirements are furnished by authorities issuing permits. Material testing and checking. (Operations performed by a testing laboratory not included.)

1. Checking batch plants.
2. Making concrete test cylinders.
3. Checking all material and equipment for specification compliance.

Inspection of appurtenances can be done by the same inspector performing the inspection for the primary construction (main or tunneling, etc.) provided they are in the proximity of the primary construction and further provided the contractor cooperates to the extent that the inspector is informed of the construction of appurtenances and that no work be covered prior to inspection. Proximity shall mean a distance not to exceed one thousand feet (1,000').

Street and Roads.

a. Excavation and preparation of the site.

(1) Salvaging gravel or base material.
(2) Constructing compacted fills.

b. Subbase construction.

c. Checking forms.

d. Placement of wearing course (concrete, asphalt, gravel, seal coat, etc.)

e. Laying and sealing.

f. Plant inspector when required by the agency having jurisdiction.

Water

a. Excavation, bedding and backfill.

b. Tunneling, jacking and boring.

c. Installation of all materials.

d. Installation and construction of all appurtenances.

e. Pressure testing and disinfecting.

Sewer and Drains

a. Excavation, bedding and backfill.

b. Tunneling, jacking and boring.

(1) 3 Shaft construction
(2) Mining
(3) Forming
(4) Placement of concrete
(a) One inspector in tunnel
(b) One concrete inspector top side

c. Installation of all materials.

d. Construction of all appurtenances.

e. Infiltration of exfiltration tests, on sanitary only.

Structures

a. Excavating and shaft construction.

b. Checking forms and re-steel.

c. Placement of concrete.

d. Backfilling around structures.

e. Checking installation of equipment.

Cleanup and Complaints

a. Restoration of conditions existing prior to construction. This can be done by one inspector with the cooperation of the contractor.

(1) Drives, sidewalks, fences, landscaping, etc.
(2) Handling of complaints.
(3) General clean-up.

b. Construction of new drives, sidewalks, fences and landscaping where called for.

23.20 VIOLATIONS

Any violation of the provisions of this chapter shall subject the violator to the penalties set forth in Section 1.06.