§ 1222.02. WORDS AND TERMS DEFINED.

The words and phrases used herein shall have the same meaning defined by Act No. 288 of the Public Acts of 1967, as amended, except as otherwise provided.

(1)

Alley. A public or private right-of-way, shown on plat, primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

(2)

Applicant. The owner of land proposed to be subdivided or its representative who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.

(3)

Area of Benefit. An area of land which is designated by the Planning Commission as receiving benefits from or creating the need for the construction, acquisition, or improvement of a Public Facilities Project.

(4)

Area-related Facility. A capital improvement which is designated in the capital improvements program as serving new development and which is not a site-related facility. Area-related facility may include land dedication or construction of an oversized capital improvement, whether located offsite, or within or on the perimeter of the development site.

(5)

Arterials. Streets designed to provide relatively rapid transportation between nearby communities or between major activity centers of the city.

(6)

As-built Plans. Revised construction plans in accordance with all approved field changes.

(7)

Capital Improvement. A public facility with a life expectancy of three or more years, to be owned and operated by or on behalf of the local government.

(8)

Capital Improvement Program. A plan setting forth, by category of public facilities, those capital improvements and that portion of their costs which are attributable to serving new development within designated service area for such public facilities over a period of specified years (10—20). Capital improvements program may refer either to the plan for a particular service area or to the aggregation of capital improvements and the associated costs programmed for all service areas for a particular category of public facilities.

(9)

Caption. The name by which the plat is legally and commonly known.

(10)

Central Sewerage System. A community sewer system including collection and treatment facilities (if needed) established by the developer to serve a new subdivision in an outlying area.

(11)

Certify. Whenever this ordinance requires that an agency or official certify the existence of some fact or circumstance, the City by administrative rule may require that such certification be made in any manner, oral or written, which provides reasonable assurance of the accuracy of the certification.

(12)

Cluster Zoning. A technique which allows lots to be reduced in size and building sited closer together provided the total development density does not exceed that which could be constructed on the site under conventional zoning and the remaining land is utilized for open space or public purposes.

(13)

Collector Roads. Road designed to channel traffic from local streets serving various land use areas to the arterial streets. Maintaining efficient traffic flow is important along collector roads to prevent frequent use of local streets by through traffic.

(14)

Common Ownership. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.

(15)

Comprehensive Plan. A plan adopted by the City for the physical development of the City showing the general location for roads, streets, parks, public building sites, land use and other similar information. The plan may consist of maps, data, requirements and other descriptive matter.

(16)

Construction Plan. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.

(17)

Cross-walkway (Pedestrian Walkway). Right-of-way, dedicated to public use, which crosses a block to facilitate pedestrian access to adjacent streets, parks, schools and other properties.

(18)

Cul-de-Sac. A local street with only one outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic movement.

(19)

External Buffer. A naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a multiphase or phased subdivision application which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses.

(20)

Final Subdivision Plat. The map of a subdivision to be recorded after approval by the Planning Commission and Council and other required agencies and any accompanying material as described in this ordinance.

(21)

Frontage. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot; but it shall not be considered as the ordinary side of a corner lot.

(22)

Governing Body. The Council of the City of Coopersville.

(23)

Greenbelts. A strip or parcel of land, privately restricted or publicly dedicated as open space located between incompatible uses for the purpose of protecting and enhancing the environment.

(24)

Health Department and Health Officer. The agency and person designated to administer the health regulations of the local government.

(25)

Individual Sewage Disposal System. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.

(26)

Infill Development. Development designed to occupy scattered or vacant parcels of land which remain after the majority of development has occurred in an area.

(27)

Local Government Attorney. The licensed attorney designated by the Council to furnish legal assistance for the administration of this ordinance.

(28)

Local Government Engineer. The licensed engineer designated by the Council to furnish engineering assistance for the administration of this ordinance.

(29)

Local Streets. Streets designed to serve the internal traffic movement within specific areas and connect those areas with the major streets. Generally, they are not continuous for any great length. The local street is intended to provide immediate access to adjacent property. They constitute the major percentage of the streets of the community, but carry a small proportion of the vehicle-miles of travel.

(30)

Model Home. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.

(31)

Notice of Noncompliance. A notice issued by the Planning Director to the applicant and Planning Commission informing the applicant that the sketch plat is not in compliance with this ordinance and that the applicant may not apply for preliminary plat approval.

(32)

Notice to Proceed. A notice issued by the Planning Director advising the applicant that the sketch plat is in compliance with this ordinance and that the applicant may proceed to apply for preliminary plat approval.

(33)

Parcel or Tract. A continuous area or acreage of land which can be described as provided for in the Subdivision Control Act.

(34)

Performance Criteria. Regulation of development based on open space ratio, impervious surface ratio, density, and floor area ratio.

(35)

Perimeter Street. Any existing street to which the parcel of land to be subdivided abuts on only one (1) side.

(36)

Phased Subdivision Application. An application for subdivision approval submitted pursuant to a Master Preliminary Plat, or at the option of the subdivider, pursuant to a specific plan in which the applicant proposes to immediately subdivide the property but will develop in one or more individual phase(s) over a period of time. A phased subdivision application may include an application for approval of, or conversion to, horizontal or vertical condominiums, nonresidential development projects, planned unit developments, mixed-use projects, and residential developments.

(37)

Planning Commission. The City of Coopersville Planning Commission.

(38)

Plat. A map or chart of a subdivision of land.

(39)

Preliminary Plat. The preliminary drawing or drawings, described in this ordinance, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval. That portion of a preliminary plat submitted in connection with a multiphase or phased subdivision application which provides the information and graphics meeting the requirements of this ordinance for the purpose of implementing an integrated development scheme for all phases of the proposed subdivision.

(40)

Property Owners Association. An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision, be it a lot, parcel site, unit plot, condominium, or any other interest, is automatically a member as a condition of ownership and each such member is subject to a charge or assessment for a pro-rated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest of the member.

(41)

Proprietor. (See Subdivider)

(42)

Public Facility. Means a utility [such] as gas, electricity, water, sanitary sewer, storm sewer, telegraph, telephone, telecommunications, TV cable, and other improvements, such as streets, roads, parks, schools, and other similar in nature.

(43)

Public Facility Improvements Program. The adopted plan, as may be amended from time to time, which identifies the public facilities and their costs for each public facility benefit area or subarea, which serve new development for a period not to exceed ten years, which are to be financed in whole or in part through the imposition of public facilities fees pursuant to this article.

(44)

Public Facilities Project. Any and all public improvements the need for which arises from the subdivision, including but not limited to the following:

(a)

Water mains, pipes, conduits, tunnels, hydrants, and other necessary works and appliances for providing water service.

(b)

Lines, conduits, and other necessary works and appliances for providing electric power service.

(c)

Mains, pipes, and other necessary works and appliances for providing gas service.

(d)

Poles, posts, wires, pipes, conduits, lamps, and other necessary works and appliances for lighting purposes.

(e)

Sidewalks, crosswalks, steps, safety zones, platforms, seats, statuary, fountains, culverts, bridges, curbs, gutters, tunnels, subways or viaducts, parks and parkways, recreation areas, including all structures, buildings, and other facilities necessary to make parks and parkways and recreation areas useful for the purposes for which intended.

(f)

Sanitary sewers or instrumentalities of sanitation, together with the necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, tunnels, channels, or other appurtenances.

(g)

Drains, tunnels, sewers, conduits, culverts and channels for drainage purposes; with necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels, and appurtenances.

(h)

Pipes, hydrants, and appliances for fire protection.

(i)

Breakwaters, levees, bulkheads, groins and walls of rock, or other material to protect the streets, places, public ways, and other property from overflow by water, or to prevent beach erosion or to promote accretion to beaches.

(j)

Retaining walls, embankments, buildings, and any other structures or facilities necessary or suitable in connection with any of the work mentioned in this section.

(k)

Compaction of land, change of grade or contours, construction of caissons, retaining walls, drains, and other structures suitable for the purpose of stabilizing land.

(l)

Works, systems, or facilities for the transportation of people, including rolling stock and other equipment appurtenant thereto.

(m)

All other work auxiliary which may be required to carry out that work, including terminal and intermediate stations, structures, platforms, or other facilities which may be necessary for the loading of people into and unloading of people from such transportation facilities.

(n)

The grading or regarding [regarding], the paving or repaving, the planking or replanking, the macadamizing or remacadamizing, the graveling or regraveling, and the oiling or reoiling of streets.

(o)

Acquisition, construction, improvement, and equipping of temporary and permanent school buildings.

(p)

Acquisition, construction, and installation of traffic signs, signals, lights, and lighting.

(q)

Public works maintenance facilities.

(r)

All other work auxiliary to any of the above which may be required to carry out that work including, but not limited to, the maintenance of public facilities projects and administrative, engineering, architectural, and legal work performed in connection with establishing, implementing, and monitoring public facilities projects.

(s)

Acquisition of any and all property, easements, and rights-of-way which may be required to carry out the purposes of the project.

(45)

Public Improvement. Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which local government responsibility is established.

(46)

Registered Engineer. An engineer properly licensed and registered in the State.

(47)

Registered Land Surveyor. A land surveyor properly licensed and registered in the State.

(48)

Replat. Any change in a map of an approved or recorded subdivision plat that affects any street layout on the map or area reserved thereon for public use or any lot line, or that affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

(49)

Right-of-Way. Rights-of-way intended for streets, crosswalks, watermains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated in fee by the proprietor.

(50)

Road Right-of-Way Width. The distance between property lines measured at right angles to the center line of the street.

(51)

Security. The letter of credit or cash escrow provided by the applicant to secure its promises in the subdivision improvement agreement.

(52)

Sketch Plat. A sketch preparatory to the preliminary plat to enable the subdivider to save time and expense in reaching general agreement with the City as to the form of the plat and the objectives of this ordinance.

(53)

Sponsor. An applicant seeking approval for construction of an office development project subject to Section 1228.09 of this ordinance, such applicant's successors and assigns, and/or any entity which controls or is under common control with such applicant.

(54)

Subdivide. The act or process of creating a subdivision.

(55)

Subdivider. Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit, or plat in a subdivision; or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision; and who (4) is directly or indirectly controlled by, or under direct common control with any of the foregoing.

(56)

Subdivision Agent. Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing, or developing, or offering to sell, lease, or develop any interest, lot, parcel, unit, site, or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services.

(57)

Subdivision Improvement Agreement. A contract entered into by the applicant and the City by which the applicant promises to complete the required public improvements within the subdivision within a specified time period following final subdivision plat approval.

(58)

Subdivision Plat. The final map or drawing, described in this ordinance, on which the subdivider's plan of subdivision is presented to the Planning Commission and the Council for approval and which, if approved, may be submitted to the County Recorder of Deeds for filing.

(59)

Tract. A lot. The term "tract" is used interchangeably with the term "lot, " particularly in the context or subdivision, where a "tract" is subdivided into several lots, parcels, sites, units, plots, tracts, or interests.

(Ord. No. 309. Passed 3-23-98.)