[Ord. No. 53, 8-17-1998]
It shall be unlawful for a proprietor to further divide any
lot, tract, parcel, parent parcel or other parcel of land not resulting
in a subdivision, except in accordance with the provisions of this
article. Authority to enact this article is found in 1967 PA 288,
as amended, the State Land Division Act (formerly known as the Subdivision
Control Act).
(1) Lots, outlots, tracts, parcels, parent parcels, or parent tracts
of land may be partitioned, divided or split in accordance with the
provisions of sections 108 and 109 of the State Land Division Act;
the provisions of this article adopted to administer and enforce the
State Land Division Act, and conformance with township ordinances,
codes, provisions, standards, rules and regulations, etc., which regulate
and control the division and/or development of land.
(2) Unless a division creates a parcel which is acknowledged and declared
to be "not buildable," all divisions shall result in "buildable" parcels
containing sufficient "buildable" area outside of unbuildable wetlands,
floodplains, and other areas where buildings are prohibited therefrom.
(3) Any due or unpaid tax(es) or special assessment(s) upon the property
shall be paid prior to the division, partitioning or splitting of
the land, lot or outlot.
(4) Submittal requirements. An applicant shall file all of the following
for review and approval of a proposed land division:
a. An application for a division, partition or split regulated by this
article shall be submitted to the township assessor on the form(s)
provided by the assessing department.
b. Provide a survey showing area, parcel lines, legal descriptions,
public utilities, easements, encroachments, bearings and dimensions,
structures and accessibility of each resulting parcel, signed and
sealed by a registered engineer or land surveyor;
c. Each resulting parcel(s) of 10 acres or less, has a depth of not
more than three times the width. A parcel in excess of 10 acres must
comply with the frontage requirements of the township zoning ordinance.
d. Each resulting parcel has a minimum width as required by the township
zoning ordinance. Minimum width shall equal the township zoning ordinance
requirements for public road frontage.
e. Each resulting parcel has a minimum area not less than that required
by the township zoning ordinance.
f. Each resulting parcel that is a development site has adequate easements
for public utilities from the parcel to existing public utility facilities.
g. 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, the effective date of the State Land Division Act.
h. Compliance with all other applicable township ordinances, codes,
provisions, standards, rules and regulations, etc., which regulate
and control the division and/or development of land.
(5) Procedures for dividing, partitioning, or splitting of land.
a. The completed land division application and all required supporting
documentation and information must be filed with the township assessor
for review and approval.
b. The township assessor shall not approve an application for a land
division unless the application is compiled in its entirety and is
accompanied by the required documentation and fees. An application
which is not complete will be rejected.
c. The assessor shall transmit the completed land division application
to the township department heads, planners, and fire inspector for
review and comment.
d. The assessor shall either approve or reject the application for land
division within 45 days after a complete application has been filed
with the assessor.
e. The forty-five-day review period will begin on the date the application
is filed with the assessor. An application is complete if it contains
information necessary to ascertain whether the requirements of sections
108 and 109 of the State Land Division Act, this article, and other
applicable township ordinances, etc., are met.
f. The assessor shall state, in writing, the reasons for rejecting the
land division.
g. If there is compliance with the State Land Division Act, this article,
and other applicable township ordinances, codes, provisions, standards,
rules and regulations, the assessor shall approve the division, partition
or split, and forward to the county land file department for assignment
of the new parcel identification number(s) and verification of the
legal description(s).
h. If a parcel resulting from a division is approved by the assessor
and is less than one acre in size, the notice of approval shall contain
a statement as follows:
(6) Division which results in a parcel less than one acre.
a. A division resulting in a parcel of less than one acre in size shall
not be issued a building permit for the parcel unless the parcel has
all of the following:
(i)
Public water or city, county, or district health department
approval for the suitability of an on-site water supply under the
same standards as set forth for lots under rules described in section
105(g) of the State Land Division Act.
(ii)
Public sewer or city, county, or district health department
approval for on-site sewage disposal under the health department standards
as set forth for lots under rules described in section 105(g) of the
State Land Division Act.