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:
APPLICANT
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.
COMBINATION
Attaching two or more parcels of land to form a new parcel.
COMPLETE APPLICATION
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.
DEVELOPMENT SITE
Any parcel or lot on which a building exists or which is
intended for building development other than the following:
A.
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.
B.
Forestry use involving the planting, management,
or harvesting of timber.
DIVIDE or DIVISION
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.
DRIVEWAY
A strip of land, that is not dedicated to the public, used
to provide vehicular access to a single zoning lot.
EXEMPT DIVISION OR SPLIT
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 OR THE EQUIVALENT
Forty acres, a quarter-quarter section containing not less
than 30 acres, or a government lot containing not less than 30 acres.
LAND
All land areas occupied by real property.
PARCEL
A continuous area or acreage of land.
PARCEL AREA
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.
TRACT
Two or more parcels that share a common properly line and
are under the same ownership.
WETLAND
An area subject to the authority of the NREPA, Act 451 of
1994.
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. 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. Scale. Land divisions shall be portrayed on drawings
or maps prepared at a scale of not less than one inch equals 50 feet.
C. Preliminary drawing (optional). A preliminary drawing
may be submitted in accordance with the procedures of §
221-33,
including the following information:
(2) The subject property, including approximate dimensions
of all existing and proposed property lines.
(3) The location of all existing structures with dimensions
to all property lines.
(4) Proposed means of access.
(6) Physical features which would affect the placement
of roads or buildings.
(7) The approximate location of any on-site wetlands,
floodplains, or water bodies.
(8) 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) 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. 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) 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) If the parcel is unplatted and ownership interest
was obtained after March 31, 1997, the deed of transfer must specify
land division rights.
(3) 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) 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) 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) Acceptable surety as required above in Article
V,
Improvements, has been submitted as required.
(7) Proof that all due and payable taxes or installments
of special assessment pertaining to the land have been paid in full.
(8) The fees as may from time to time be established by
resolution of the governing body of the City for land division to
cover the cost of review of the application and administration of
this chapter and the Land Division Act.
E. 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) A legal description of the parcel to be divided and
of each parcel resulting from the division.
(2) The subject property, including dimensions of all
property lines.
(3) The location of all existing structures with dimensions
to all property lines.
(4) Legal descriptions for all access streets.
(5) Existing and proposed utilities and utility easements.
(6) The area of existing and proposed parcels.
(7) Specific information identifying which parcels, if
any, will retain the rights for future divisions.
(8) The location of any on-site wetlands, floodplains,
or water bodies.
(9) 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)
Location and description of any buildings located
on abutting property and within 50 feet of the boundaries of the parcel
to be divided.
(11)
Preliminary grading plan for any street providing
vehicular access to any new parcels.
(12)
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. 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. The proposed land division(s) comply with all requirements
of the State Land Division Act and this chapter.
C. 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. 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) 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) The permissible minimum width shall be as defined
in the applicable provisions of the Zoning Code.
E. All parcels created by a land division shall comply
with the following minimum standards:
(1) Accessibility to all parcels created and remaining
shall have direct access to a public road and public easements for
utilities.
(2) 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) 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) 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. 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. 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. 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.
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.