The following provisions shall govern the division
or partitioning of land subject to the provisions of the State Land
Division Act 288 of 1967, as amended.
As used in this article, the following terms
shall have the meanings indicated:
A natural person, firm, association, partnership, corporation
or any combination thereof holding an ownership interest in the land
whether recorded or not who, as proprietor, is seeking approval for
a division or partition pursuant to this chapter.
Attaching two or more parcels of land to form a new parcel.
An application, documentation, and final land division map
providing the minimum information required for submission by this
article for review and approval of a land division or partition.
Any parcel or lot on which a building exists or which is
intended for building development other than the following:
Agricultural use involving the production of
plants and animals useful to humans, including forages and sod crops;
grains, feed crops, and field crops; dairy and dairy products; poultry
and poultry products; livestock, including breeding and grazing of
cattle, swine, and similar animals; berries; herbs; flowers; seeds;
grasses; nursery stock; fruits; vegetables; Christmas trees; and other
similar uses and activities.
Forestry use involving the planting, management,
or harvesting of timber.
The partitioning or splitting 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 PA 591
of 1996, as amended. "Division" does not include a property transfer
between two or more adjacent parcels, if the property taken from one
parcel is added to an adjacent parcel; and any resulting parcel shall
not be considered a building site unless the parcel conforms to the
requirements of Act 288 or the requirements of any applicable chapter
of the City Code.
A strip of land, that is not dedicated to the public, used
to provide vehicular access to a single zoning lot.
The partitioning or splitting 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 this act or the requirements of an applicable
local chapter.
Forty acres, a quarter-quarter section containing not less
than 30 acres, or a government lot containing not less than 30 acres.
The City Council of the City of Rockwood.
All land areas occupied by real property.
A lot set aside for purposes other than a development site,
park, or other land dedicated to public use or reserved to private
use.
A continuous area or acreage of land.
The total horizontal area within the parcel lines of the
parcel. For parcels adjacent to a private road or road easement, the
parcel area shall not include any portion of the private road or road
easement.
A parcel or tract, lawfully in existence on March 31, 1997.
Two or more parcels that share a common properly line and
are under the same ownership.
An area subject to the authority of the NREPA, Act 451 of
1994.
A.Â
Pursuant to the Land Division Act, it shall be unlawful
for any person to divide, partition, or combine any lot, outlot, or
other parcel of land in a recorded plat, or divide, partition, or
combine any unplatted parcel or tract of land, except in accordance
with the provisions of this article without the prior review and approval
of the City unless the division or partition is approved as a part
of a recorded plat pursuant to the Land Division Act, Act 591 of the
Public Acts of 1996, or a condominium subdivision plan pursuant to
the Condominium Act 59 of the Public Acts of 1978 of the State of
Michigan, as amended, provided that the following shall be exempted
from this requirement:
(1)Â
A parcel proposed for subdivision through a recorded
plot pursuant to the City Subdivision Control Ordinance, Zoning Code
and State Land Division Act.
(2)Â
A lot is a recorded plot proposed to be divided in
accordance with the City Subdivision Control Ordinance, Zoning Code
and the State Land Division Act.
(3)Â
An exempt split as defined herein.
B.Â
Divisions of land shall meet the following requirements:
(1)Â
State Land Division Act. Land divisions shall conform
with any applicable provisions of Act 591 Public Acts of 1996, the
State Land Division Act, as amended.
(2)Â
Access. Every resultant parcel shall abut a public
street and provide the minimum lot width as required by the Zoning
Code, unless private streets have been approved.
(3)Â
Future road right-of-way. Right-of-way shall be dedicated
as necessary to provide for streets as depicted on the City of Rockwood
thoroughfare plan.
(4)Â
Zoning standards. No land division shall be permitted
unless all new and remaining parcels meet all the minimum requirements
of the Zoning Code, including requirements as to width, area, setbacks,
open spaces, access, and density.
(a)Â
Land within existing or future right-of-way
shall not be included in the calculation of parcel area and width.
(b)Â
Setbacks shall be measured from future right-of-way
lines as depicted on the thoroughfare plan.
(c)Â
The minimum area of each new parcel shall not
be smaller than the minimum average lot size permitted in the applicable
zoning district.
(d)Â
Unless declared and approved as "not buildable"
as per Subsection B(4)(e) below, all divisions shall result in parcels
containing sufficient land outside of wetlands, floodplains, and other
water bodies to allow use of the property in conformance with all
required setback provisions, minimum floor areas, off street parking
spaces, and other chapter requirements.
(e)Â
A proposed land division which does not fully
comply with the applicable requirements of the Zoning Code may be
approved in any of the following circumstances:
[1]Â
Where the applicant executes and records an
affidavit or deed restriction with the County Register of Deeds, in
a form acceptable to the City, designating the parcel as "not buildable."
Any such parcel shall also be designated as "not buildable" in the
City records, and shall not thereafter be the subject of a request
to the Board of Zoning Appeals for variance relief from the applicable
lot area and setback requirements, and shall not be developed with
any building or aboveground structure exceeding five feet in height.
[2]Â
Where, in circumstances not covered by Subsection
[1] above, the Board of Zoning Appeals has, prior to the adoption
of this chapter, granted a variance from the lot area, width, coverage,
or other requirements with which the parcel failed to comply.
(5)Â
Compatibility with existing parcels. In order to assure
that the public health, safety, and welfare will be served by the
permission of any partition or division of land, the Planning Commission's
review shall be in accordance with the following standards:
(a)Â
Any partition or division shall be of such location,
size, and character that, in general, it will be compatible with the
existing development in the area in which it is situated.
(b)Â
The Planning Commission shall give consideration
to the following:
[1]Â
The conformity of the resultant parcels with
Zoning Code standards and the creation of parcels compatible with
those in the surrounding area as to size and width.
[2]Â
The orientation of the yards of proposed parcels
in relationship to the yards of existing parcels in order to avoid
incompatible relationships, such as but not limited to, front yards
to rear yards.
[3]Â
Consideration shall be given to the impact of
any existing floodplains, wetlands, or other natural features on the
buildable areas of the resulting parcels so that they are compatible
with other developed parcels in the area.
[4]Â
The relationship of the front, side, and rear
yards to the yards and orientation of buildings on other existing
and potential parcels. This shall include the probable orientation
of buildings on the parcels resulting from the proposed division or
partition.
(6)Â
Parcels without utilities. If public sewer and water
are not available, approval of a land division under this article
should not be considered an indication that the parcel is buildable
under or adheres to requirements of the State of Michigan and Wayne
County Environmental Services Department.
(7)Â
Special assessments. In those cases where water, sanitary
sewer, paving, stormwater drainage, sidewalks, road rehabilitation,
or other services have been installed within a plat, condominium,
or parcel by special assessment or payback agreement and the parcel
proposed to be divided or combined has been assessed therefor, no
division shall be permitted unless the applicant agrees, in writing,
to pay into the current special assessment district an additional
amount to be determined by the City Assessor representing the pro
rata share of the cost of the special assessment district which should
be borne by said parcel as the result of increased benefit received
by said parcel when divided into separate parcels.
(8)Â
Improvements. When land is to be divided as provided
herein, final approval shall not be given until the required improvements
have been completed in accordance with the standards and specifications
of the Department of Public Services or until cash or letter of credit
for performance in the amount of the estimated cost of the improvements
has been received. The improvements required are as follows:
(a)Â
Road access standards:
[1]Â
Streets shall be constructed to the standards
required of public roads for subdivisions in the City of Rockwood.
[2]Â
When the street is in excess of 330 feet in
length, a turnaround of not less than 100 feet in diameter shall be
provided.
[3]Â
Access to rights-of-way shall be reviewed by
the Department of Public Services in relationship to any proposed
division of nonresidential parcels.
(c)Â
Sanitary sewers. If any part of the original
parcel or tract is within 200 feet of a public sanitary sewer with
available depth and capacity, the sewer must be extended to, across,
and through each resulting parcel.
(e)Â
Street signs. Street signs and traffic control
signs, such as, but not limited to, stop signs, street names, and
signs indicating "no outlet," shall be installed. Signs shall be in
accordance with the Michigan Manual of Uniform Traffic Control Devices.
Street numbering shall be addressed to the public right-of-way for
all parcels included in the division.
An applicant shall file all of the following
with the official designated by the City for review and approval of
a proposed land division before making any division by deed, land
contract or building development.
A.Â
Applications. A complete application form or such
form as may be provided by the City shall be submitted to the City
Clerk. Applications for land divisions shall include a final land
division map which may be preceded by a preliminary drawing.
B.Â
Scale. Land divisions shall be portrayed on drawings
or maps prepared at a scale of not less than one inch equals 50 feet.
C.Â
Preliminary drawing (optional). A preliminary drawing
may be submitted in accordance with the procedures of § 221-33,
including the following information:
(1)Â
Proof of ownership.
(2)Â
The subject property, including approximate dimensions
of all existing and proposed property lines.
(3)Â
The location of all existing structures with dimensions
to all property lines.
(4)Â
Proposed means of access.
(5)Â
Existing easements.
(6)Â
Physical features which would affect the placement
of roads or buildings.
(7)Â
The approximate location of any on-site wetlands,
floodplains, or water bodies.
(8)Â
A signed statement which reads as follows: "This drawing
is for the purpose of gaining preliminary approval and shall not constitute
the submittal of a final plan. Therefore, the Planning Commission
is not required to grant final approval on this proposal within 45
days of its submittal."
(9)Â
Where an applicant chooses to submit a preliminary
drawing, if the final land division map is not submitted within six
months of the date that preliminary approval is given, the application
shall be deemed null and void.
D.Â
Documentation; final application with land division
map. The documents set forth below may be submitted with a preliminary
drawing but shall be submitted with the final application, which shall
include a final land division map:
(1)Â
A copy of a deed of transfer, showing the applicant
as the owner of the property, must be provided with a final land division
map.
(2)Â
If the parcel is unplatted and ownership interest
was obtained after March 31, 1997, the deed of transfer must specify
land division rights.
(3)Â
If the property is the subject of a land contract,
a title insurance policy must be included with the application, and
the signature of all parties to the land contract must be provided
with a final land division map.
(4)Â
An easement or easements containing an accurate legal
description thereof prepared by a registered land surveyor or professional
civil engineer, and including recitation of the purposes for which
the easement is created, which grants to the City in perpetuity the
right to occupy and use such easement for the installation, maintenance,
and operation of necessary public utilities, such instrument being
in form and substance provided or approved by the City Attorney.
(5)Â
The history and specifications of any previous division
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, the effective date of the State Land Division Act.
(6)Â
Acceptable surety as required above in Article V,
Improvements, has been submitted as required.
(7)Â
Proof that all due and payable taxes or installments
of special assessment pertaining to the land have been paid in full.
E.Â
Final land division map (required). The applicant
shall submit a plan drawn to scale prepared by a registered civil
engineer or land surveyor licensed to practice in the State of Michigan.
Such plans shall include at least the following:
(1)Â
A legal description of the parcel to be divided and
of each parcel resulting from the division.
(2)Â
The subject property, including dimensions of all
property lines.
(3)Â
The location of all existing structures with dimensions
to all property lines.
(4)Â
Legal descriptions for all access streets.
(5)Â
Existing and proposed utilities and utility easements.
(6)Â
The area of existing and proposed parcels.
(7)Â
Specific information identifying which parcels, if
any, will retain the rights for future divisions.
(8)Â
The location of any on-site wetlands, floodplains,
or water bodies.
(9)Â
Topography on contours based on USGS datum at intervals
of not more than two feet, extending to the opposite right-of-way
line of any abutting street or highway, and extending at least 50
feet on to all abutting property.
(10)Â
Location and description of any buildings located
on abutting property and within 50 feet of the boundaries of the parcel
to be divided.
(11)Â
Preliminary grading plan for any street providing
vehicular access to any new parcels.
(12)Â
Complete dimensional limits within which principal
buildings and accessory buildings shall be confined on each parcel.
The purpose of designating such areas is to maintain proper yard relationships
and building placements with respect to adjoining or nearby parcels
and/or buildings and with respect to existing or proposed roads or
easements.
A proposed land division shall be approved if
the following criteria are met:
A.Â
All the parcels to be created by the proposed land
division(s) fully comply with the applicable lot (parcel), yard and
area requirements of the applicable provisions of the Zoning Code,
including, but not limited to, minimum lot (parcel) frontage/width,
minimum lot depth-to-width ratio, and maximum lot (parcel) coverage
and minimum setbacks for existing buildings/structures.
B.Â
The proposed land division(s) comply with all requirements
of the State Land Division Act and this chapter.
C.Â
All parcels created and remaining have existing adequate
accessibility to a public road for public utilities and emergency
and other vehicles not less than the requirements of the provisions
of the Zoning Code, 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.
D.Â
The ratio of depth to width of any parcel created
by the division does not exceed a four-to-one ratio exclusive of access
roads, easements or nonbuildable parcels created under § 221-32
of this chapter and parcels added to contiguous parcels that result
in an all involved parcels complying with said ratio.
(1)Â
The permissible depth of a parcel created by 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.
(2)Â
The permissible minimum width shall be as defined
in the applicable provisions of the Zoning Code.
E.Â
All parcels created by a land division shall comply
with the following minimum standards:
(1)Â
Accessibility to all parcels created and remaining
shall have direct access to a public road and public easements for
utilities.
(2)Â
If accessibility is to be provided by a proposed now-dedicated
public road, proof that the County Road Commission or Michigan Department
of Transportation has approved the proposed layout and construction
design of the road and the utility easements and drainage facilities
connected therewith.
(3)Â
Access to available and existing public water and
sewers. Each parcel must be capable of tapping into said public utilities
when the said parcels are improved.
(4)Â
In the event public easements are not available, easements
for an extension of the public utilities shall be provided as a condition
of approval.
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 the applicable zoning ordinance or this chapter may
be approved in any of the following circumstances:
A.Â
Where the applicant executes and records an affidavit
or deed restriction with the County Register of Deeds in a form acceptable
to municipality, designating the parcel as "not buildable." Any such
parcel shall also be designated as "not buildable" in the municipal
records, and shall not thereafter 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 aboveground structure exceeding four feet in height and shall not
be used for human habitation.
B.Â
Where, in circumstances not covered by Subsection
A above, the Zoning Board of Appeals has, previous to this chapter,
granted a variance from the lot, yard, depth-to-width ratio, frontage
and/or area requirements with which the parcel failed to comply.
C.Â
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 Code, or the State Land
Division Act.
A.Â
Complete application required. A final application
containing all of the information set forth in § 221-30
and meeting the standards set forth in § 221-29 shall be
filed with the Planning Commission. A copy of the application shall
be forwarded to the City Planner, City Assessor, Department of Public
Services, and the City Attorney for review.
B.Â
Preliminary approval with conditions; final approval;
denial:
(1)Â
The Planning Commission shall review and act upon
each request for division of land submitted in accordance with the
provisions of this chapter. Action shall be taken within 45 days unless
a preliminary drawing is submitted in accordance with § 221-30C.
(2)Â
Subsequent to review. The Planning Commission shall:
(a)Â
Grant preliminary approval conditioned upon
the petitioner fulfilling certain requirements.
(b)Â
Grant final approval if request meets all requirements
of this chapter.
(c)Â
Deny the request for failure to comply with
requirements of this chapter.
(d)Â
Deny the request for failure to comply with
the requirements of the Zoning Code. In this instance, if the Commission
determines the proposed division would be compatible but for Zoning
Code requirements, it may communicate such determination to the Zoning
Board of Appeals.
C.Â
Final review of conditional approval.
(1)Â
Proposed land divisions shall be submitted to the
Planning Commission for final review to assure that all conditions
and requirements for land divisions have been met and that there is
compliance with all requirements applicable to the approved preliminary
plan. The Planning Commission shall also receive the signed approval
of the Engineering Division of the City of Rockwood including compliance
with Articles IV and V of this chapter.
(2)Â
If all requirements have been met, the Planning Commission
shall so notify the City Assessor. Should the Planning Commission
find that all requirements have not been met, the petitioner shall
be so notified, and the final approval shall be denied.
D.Â
Assessor approval. After final review, the City Assessor
shall note the fact of such division upon the assessment roll, and
thereafter the divided portions of the parcel shall be considered
to be separate parcels for tax assessment and all other purposes.
E.Â
Review and approval by City Assessor. The City Assessor
shall review and approve property transfers that adjust common boundary
lines or involve conveyances between adjacent parcels, where all resulting
parcels conform with Act 288 and the requirements of any chapter of
the City Code.
F.Â
Appeal. Any person or entity aggrieved by the decision
of the Planning Commission may, within 21 days of said decision, appeal
the decision to the City Council which shall consider and resolve
such appeal by a majority vote 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 said meeting and appellate hearing.
G.Â
City Council. Nothing in this section shall prevent
Council from approving the division of any such lot, outlot or parcel
of land in a case where the owner of such divided parcel owns land
immediately adjacent thereto, or in a case where there is presented
to Council an executed agreement to sell and convey such divided parcel
to the adjoining owner, and where the combined width and area of the
divided and the adjacent parcel shall, as a single parcel, conform
to this section.
H.Â
Limitations. 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 submitted for recording with
the County Register of Deeds office and filed with the designated
official accomplishing the approved land division or transfer.
Any parcel created in noncompliance with this
chapter shall not be eligible for any building permits or zoning approvals,
such as special land use approval or site plan approval, and shall
not be recognized as a separate parcel on the assessment roll. In
addition, violation of this article shall subject the violator to
the penalties and enforcement actions set forth in § 221-35
of this chapter, and as may otherwise be provided by law.
Any person who violate any of the provisions
of this chapter shall be subject to a violation of the municipal civil
infraction provisions of Chapter 1, General Provisions, Article I,
of this Code and be subject to a civil action seeking invalidation
of the land division and appropriate injunctive or other relief.
