[HISTORY: Adopted by the Village Council of the Village of Cassopolis 12-8-1997 by Ord. No. 210 (Ch. 46, Art. II, of the 2003 Code of Ordinances). Amendments noted where applicable.]
The definitions of the Land Division Act (MCLA § 560.101 et seq.) are included and made part of this chapter. For purposes of clarification, certain terms and words used in this chapter shall have the following meanings:
- A natural person, firm, association, partnership, corporation, or combination of any of these, that holds ownership interest in land, whether recorded or not.
- DIVIDED and DIVISION
- The partitioning or splitting of a parcel or tract of land by the proprietor thereof, or by his 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 (MCLA §§ 560.108 and 560.109).
- EXEMPT SPLIT and EXEMPT DIVISION
- The partitioning or splitting of a parcel or tract of land by the proprietor thereof, or by his heirs, executors and administrators, legal representatives, successors or assigns, that does not result in one or more parcels of less than 40 acres, or the equivalent, provided, all resulting parcels are accessible for vehicular travel and utilities from existing public roads through existing adequate roads or easements, or through areas owned by the owner that can provide such access.
- FORTY ACRES OR THE EQUIVALENT
- Either 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres.
- GOVERNING BODY
- The legislative body of the Village.
Land in the Village shall not be divided without the prior review and approval of the Village assessor, or other official designated by the Village, in accordance with this chapter and the Land Division Act (MCLA § 560.101 et seq.), provided that the following shall be exempted from this requirement:
A parcel proposed for subdivision through a recorded plat pursuant to the Village Subdivision Control Ordinance and the Land Division Act (MCLA § 560.101 et seq.).
A lot in a recorded plat proposed to be divided in accordance with the Village's Subdivision Control Ordinance and the Land Division Act (MCLA § 560.101 et seq.).
An exempt split.
An applicant shall file all of the following with the Village Clerk, or other official designated by the Village, 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 completed application on such form as may be provided by the Village.
Proof of fee ownership of the land proposed to be divided.
Survey map; tentative parcel map.
A survey map of the land proposed to be divided prepared pursuant to the survey map requirements of Public Act No. 132 of 1970 (MCLA § 54.211 et seq.) by a land surveyor licensed by the state, and showing the dimensions and legal descriptions of the existing parcel and the parcels proposed to be created by the division, the location of all existing structures and other land improvements, and the accessibility of the parcels for vehicular traffic and utilities from existing public roads.
In lieu of such survey map, at the applicant's option, the applicant may waive the forty-five-day statutory requirement for a decision on the application until such a survey map and legal description are filed with the Village, and submit a tentative preliminary parcel map drawn to scale of not less than that provided for on the application form, including an accurate legal description of each proposed division, and showing the boundary lines, dimensions and the accessibility of each division from existing or proposed public roads for automobile traffic and public utilities, for preliminary review, approval and/or denial by the locally designated official prior to a final application. The governing body of the Village, or its designated agent delegated such authority by the Village, may waive the survey map requirement where the tentative parcel map is deemed to contain adequate information to approve a proposed land division considering the size, simple nature of the divisions, and the undeveloped character of the area within which the proposed divisions are located. An accurate legal description of all the proposed divisions, however, shall at all times be required.
Proof that all standards of the Land Division Act (MCLA § 560.101 et seq.) and this chapter have been met.
The history and specifications of any previous divisions of land of which the proposed division was a part sufficient to establish the parcel to be divided was lawfully in existence as of March 31, 1997.
Proof that all due and payable taxes, or installments of special assessments pertaining to the land proposed to be divided, are paid in full.
If transfer of division rights are proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer.
Unless a division creates a parcel which is acknowledged and declared to be not buildable under § 233-6, all divisions shall result in buildable parcels containing sufficient buildable area outside of unbuildable wetlands, floodplains and other areas where buildings are prohibited, and with sufficient area to comply with all required setback provisions, minimum floor areas, off-street parking spaces, on-site sewage disposal, and water well locations where public water and sewer service is not available, and maximum allowed area coverage of buildings and structures on the site.
The fee, as may from time to time be established by resolution of the Village, for land division reviews pursuant to this chapter to cover the costs of review of the application and administration of this chapter and the Land Division Act (MCLA § 560.101 et seq.).
Upon receipt of a land division application package, the Village Clerk, or other official designated by the Village, shall submit the application package to the Village Manager, who shall review the material and submit it with recommendations to the Village Planning Commission for a decision. The Village Planning Commission or other designee shall approve, approve with reasonable conditions to assure compliance with applicable ordinances and the protection of public health, safety and general welfare, or disapprove the land division applied for within 45 days after receipt of the application package conforming to this chapter's requirements, and shall promptly notify the applicant of the decision and the reason for any denial. If the application package does not conform to this chapter's requirements and the Land Division Act (MCLA § 560.101 et seq.), the Village Planning Commission or other designee shall return the application package to the applicant for completion and refiling in accordance with this chapter and the Land Division Act (MCLA § 560.101 et seq.).
Any person or entity aggrieved by the decision of the assessor or designee may, within 30 days of such decision, appeal the decision to the Village Council, or such other board or person designated by the Village, which shall consider and resolve such appeal by a majority vote of the board or by the designee at its next regular meeting or session, affording sufficient time for a twenty-day written notice to the applicant (and appellant where other than the applicant) of the time and date of such meeting and appellate hearing.
A decision approving a land division is effective for 90 days after which it shall be considered revoked unless within such period a document is recorded with the county register of deeds office and filed with the Village Clerk or other designated official, accomplishing the approved land division or transfer.
The Village Planning Commission or designee shall maintain an official record of all approved and accomplished land divisions or transfers.
A proposed land division shall be approved if the following criteria are met:
All the parcels to be created by the proposed land division fully comply with the applicable lot (parcel), yard and area requirements of the applicable zoning ordinance, including, but not limited to, minimum lot (parcel) frontage/width, minimum road frontage, minimum lot (parcel) area, minimum lot width to depth ratio and maximum setbacks for existing buildings/structures.
The proposed land division complies with all requirements of the Land Division Act (MCLA § 560.101 et seq.) and this chapter.
All parcels created and remaining have existing adequate accessibility, or an area available therefor, to a public road for public utilities and emergency and other vehicles not less than the requirements of the applicable zoning ordinance, major thoroughfare plan, road ordinance or this chapter. In determining adequacy of accessibility, any ordinance standards applicable to plats shall also apply as a minimum standard whenever a parcel or tract is proposed to be divided to create four or more parcels.
The ratio of depth to width of any parcel created by the land division does not exceed a four-to-one ratio, exclusive of access roads, easements or nonbuildable parcels created under § 223-6, and parcels complying with such ratio. The permissible depth of a parcel created by a land division shall be measured within the boundaries of each parcel from the abutting road right-of-way to the most remote boundary line point of the parcel from the point of commencement of the measurement. The permissible minimum width shall be as defined in the applicable zoning district in which the parcel is located.
In the absence of applicable zoning or other ordinances providing a different standard, all parcels created by a land division shall comply with the following minimum standards:
Where accessibility is to be provided by a new dedicated public road, proof that the Village, County Road Commission or State Department of Transportation has approved the proposed layout and construction design of the road, and of utility easements and drainage facilities connected with such road.
Where accessibility by vehicle traffic and for utilities is permitted through other than a dedicated and accepted public road or easement, such accessibility shall comply with the following:
Where such private road or easement extends for more than 660 feet from a dedicated public road, or is serving or intended to serve more than one separate parcel, unit or ownership, it shall not be less than 66 feet in right-of-way width, 24 feet in improved roadbed width, with at least three feet of improved shoulder width on each side, and adequate drainage ditches and necessary culverts on both sides to accumulate and contain surface waters from the road area. It shall further be improved with not less than six inches of a processed and stabilized gravel base over six inches of granular soil, have a grade of not more than 7%, and if dead ended, shall have a cul-de-sac with a radius of not less than 50 feet of improved roadbed for the accommodation of emergency, commercial and other vehicles.
Where the private road or easement is 660 feet or less in length, and is serving or intended to serve not more than four separate parcels, units or ownerships, it shall not be less than 40 feet in right-of-way width, 20 feet in improved roadbed width, with at least two feet of improved shoulder width on each side, and adequate drainage ditches on both sides with necessary culverts to accommodate and contain surface waters from the road area. It shall further be improved with processed and stabilized gravel and granular soil, have a grade of not more than 7%, and a cul-de-sac where dead ended as specified in Subsection E(2)(a) of this section. Where such private road or easement is serving or intended to serve more than four separate parcels, units or ownerships, the right-of-way and development standards set forth in Subsection E(2)(a) of this section shall apply.
If accessibility is by a private road or easement, a document acceptable to the Village shall be recorded with the county register of deeds and filed with the assessor or designee specifying the methods of private financing of all maintenance, improvements and snow removal, the apportionment of these costs among those benefited, and the right of the Village to assess such costs against those properties benefited, plus a 25% administrative fee, and to perform such improvements if a failure of those benefited to privately perform these duties for the health, safety and general welfare of the area.
Any intersection between private and public roads shall contain a clear vision triangular area of not less than two feet along each right-of-way line as measured from the intersecting right-of-way lines.
No private road or easement shall extend for more than 1,000 feet from a public road.
No private road shall serve more than 25 separate parcels.
Notwithstanding disqualification from approval pursuant to this chapter, a proposed land division which does not fully comply with the applicable lot, yard, accessibility and area requirements of Chapter 370, Zoning, pertaining to the Village zoning regulations or this chapter, may be approved in any of the following circumstances:
Where the applicant executes and records an affidavit or deed restriction with the county register of deeds, in a form acceptable to the Village, designating the parcel as not buildable. Any such parcel shall also be designated as not buildable in the Village records, and shall not be the subject of a request to the Zoning Board of Appeals for variance relief from the applicable lot and/or area requirements, and shall not be developed with any building or above ground structure exceeding four feet in height.
Where, in circumstances not covered by Subsection A of this section, the Zoning Board of Appeals has, previous to this chapter, granted a variance from the lot, yard, ratio, frontage and/or area requirements with which the parcel failed to comply.
Where the proposed land division involves only the minor adjustment of a common boundary line, or involves a conveyance between adjoining properties, which does not result in either parcel violating this chapter, any applicable zoning ordinance or the Land Division Act (MCLA § 560.101 et seq.).