[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.
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).
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.
Either 40 acres, a quarter-quarter section containing not
less than 30 acres, or a government lot containing not less than 30
acres.
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.
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.).
B.
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.).
C.
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.
A completed application on such form as may be provided by the Village.
B.
Proof of fee ownership of the land proposed to be divided.
C.
Survey map; tentative parcel map.
(1)
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.
(2)
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.
D.
Proof that all standards of the Land Division Act (MCLA § 560.101
et seq.) and this chapter have been met.
E.
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.
F.
Proof that all due and payable taxes, or installments of special
assessments pertaining to the land proposed to be divided, are paid
in full.
G.
If transfer of division rights are proposed in the land transfer,
detailed information about the terms and availability of the proposed
division rights transfer.
H.
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.
I.
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.).
A.
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.).
B.
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.
C.
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.
D.
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:
A.
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.
B.
The proposed land division complies with all requirements of the
Land Division Act (MCLA § 560.101 et seq.) and this chapter.
C.
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.
D.
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.
E.
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:
(1)
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.
(2)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
No private road or easement shall extend for more than 1,000
feet from a public road.
(f)
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:
A.
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.
B.
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.
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 ordinance or the Land Division Act
(MCLA § 560.101 et seq.).
