[1]
State law reference: Land divisions generally, MCL 560.103, 560.108, 560.109.
[Ord. No. 2006-03, 8-1-2006]
Land in the Township shall not be divided without the review and approval of the Director of Community Planning and Development, in accordance with this article and the Land Division Act (MCL § 560.101 et seq., as amended); provided the following divisions shall be exempt from this requirement:
(1) 
A parcel proposed for subdivision through a recorded plat pursuant to this chapter and the Land Division Act (MCL § 560.101 et seq., as amended).
(2) 
A lot, outlot, or other land in a recorded plat proposed to be divided in accordance with the Code of Ordinances and the Land Division Act (MCL § 560.101 et seq., as amended).
(3) 
An exempt split so long as the resulting parcels are accessible.
(4) 
An exempt split or partitioning or splitting of a parcel or tract which results in parcels of 20 acres or more in size if the parcel or tract is not accessible and one of the following applies:
(a) 
The parcel or tract was in existence on March 31, 1997.
(b) 
The parcel or tract resulted from an exempt split or other partitioning or splitting pursuant to this chapter or the Land Division Act (MCL § 560.101 et seq., as amended).
(5) 
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 the Code of Ordinances and the Land Division Act (MCL § 560.101 et seq., as amended).
[Ord. No. 2006-03, 8-1-2006]
A division is not subject to the platting requirements of this article, if the following requirements are met:
(1) 
The division, together with any previous divisions of the same parent parcel or parent tract, shall result in a number of parcels not more than the sum of the following, as applicable:
(a) 
For the first 10 acres or fraction thereof in the parent parcel or parent tract, four parcels.
(b) 
For each whole 10 acres in excess of the first 10 acres in the parent parcel or parent tract, one additional parcel, for up to a maximum of 11 additional parcels.
(c) 
For each whole 40 acres in excess of the first 120 acres in the parent parcel or parent tract, one additional parcel.
(2) 
For a parent parcel or parent tract of not less than 20 acres, the division may result in a total of two parcels in addition to those permitted by Subsection 62-91(1) if one or both of the following apply:
(a) 
Because of the establishment of one or more new streets, no new driveway accesses to an existing public street for any of the resulting parcels under Subsection 62-91(1) are created or required.
(b) 
One of the resulting parcels under Subsection 62-91(1) and this section comprises not less than 60% of the area of the parent parcel or parent tract.
(3) 
A parcel of 40 acres or more created by the division of a parent parcel or parent tract shall not be counted toward the number of parcels permitted under Subsection 62-91(1) and is not subject to the other provisions of this chapter, if the parcel is accessible.
(4) 
A parcel or tract created by an exempt split or exempt division is not a new parent parcel or parent tract and may be further partitioned or split without being subject to the platting requirements of this chapter if all of the following requirements are met:
(a) 
Not less than 10 years have elapsed since the parcel or tract was recorded.
(b) 
The partitioning or splitting results in not more than the following number of parcels, whichever is less:
1. 
Two parcels for the first 10 acres or fraction thereof in the parcel or tract plus one additional parcel for each whole 10 acres in excess of the first 10 acres in the parcel or tract.
2. 
Seven parcels or 10 parcels if one of the resulting parcels under this subsection comprises not less than 60% of the area of the parcel or tract being partitioned or split.
(c) 
The partitioning or splitting satisfies the requirements of this chapter.
(5) 
A parcel or tract created under the provisions of this article may not be further partitioned or split without being subject to the platting requirements of this chapter, except in accordance with the provisions of Article IV.
[Ord. No. 2006-03, 8-1-2006]
Prior to making any division either by deed, land contract, or lease for more than one year, or for building development, a completed application and the fee authorized by the Township Board shall be filed with the Department of Community Planning and Development. The following information shall also be submitted:
(1) 
Proof of fee ownership of the land proposed to be divided.
(2) 
A legal description of each parcel proposed to be created by the division(s).
(3) 
A tentative parcel map drawn to scale showing the dimensions of the parent parcel and the parcel(s) proposed to be created by the division. The tentative parcel shall also show the area of the proposed parcel(s), parcel lines, public utility easements, accessibility, and compliance with the requirements of the Land Division Act, (MCL § 560.101 et seq., as amended). In lieu of a tentative parcel map, a survey map prepared pursuant to the requirements of Certified Surveys Act (MCL § 54.211 et seq., as amended) by a land surveyor licensed in the State of Michigan may be submitted. The survey map shall show the dimensions and legal descriptions of the parent parcel and the parcel(s) proposed to be created by the division(s), the location of all existing parcel(s), and the parcels proposed to be created by the division(s), public utility easements, accessibility, and compliance with the requirements of this chapter and the Land Division Act, (MCL § 560.101 et seq., as amended).
(4) 
The history and specifications of any land divisions affecting land within the proposed division shall be provided in sufficient detail for the Department of Community Planning and Development to establish the parcel to be divided was lawfully in existence as of March 31, 1997, which is the effective date of the Land Division Act (MCL § 560.101 et seq., as amended). Such history and specifications shall describe the parcel to be divided was lawfully in existence as of March 31, 1997. Such history and specifications shall describe the parent parcel or tract of which the parcel or tract to be divided was a part as the parent parcel or tract existed on March 31, 1997. Such history and specifications shall also identify both the owner of the parent parcel or tract on March 31, 1997, and the owners on March 31, 1997, of parcels sharing a common property line with the parent parcel or tract on March 31, 1997.
(5) 
Proof each resulting parcel is accessible.
(6) 
Proof showing the resulting parcels which meet the definition of a development site have adequate easements for public utilities from the parcel to existing public utility facilities.
If determined by the Director of Community Planning and Development, the application or materials submitted with the application does not conform to the requirements of this chapter or the Land Division Act (MCL § 560.101 et seq., as amended), the application shall be returned to the applicant for completion and re-filing.
[Ord. No. 2006-03, 8-1-2006]
(1) 
Decision of the director. After the filing of a complete application, the Director of Community Planning and Development shall approve, approve with reasonable conditions to assure compliance or deny the land division within 45 days. The date of filing shall be considered the date on which the application containing all of the required data is received by the Township. The applicant may extend the time period by written consent. The Director of Community Planning and Development shall notify the applicant in writing of the decision, and if denied, the reasons for the denial.
(2) 
Appeal of director's decision. An applicant aggrieved by the decision of the Director of Community Planning and Development may appeal the decision to the Township Board of the Charter Township of Meridian, in accordance with the following procedures:
(a) 
Notice of appeal. A notice of appeal is a written statement specifying the grounds for appeal, the date of the decision, and supporting materials related to the decision. A notice of appeal must be filed with the Department of Community Planning and Development within 10 days of the date of the decision of the Director of Community Planning and Development.
(b) 
Hearing. When a notice of appeal has been filed in proper form with the Department of Community Planning and Development, it shall be placed on the Township Board's calendar for a hearing.
(c) 
Notice of hearing. The Director of Community Planning and Development shall notify the parties making the request of the date, time, place, and purpose of the hearing. Notice shall be delivered personally or by mail at least 10 days prior to the date of the scheduled hearing. All notices shall be sent to the addresses listed on the most recent assessment roll.
(d) 
Decision. The Township Board shall by majority vote and within a reasonable time, reverse or affirm, wholly or partly, or may modify the decision of the Director of Community Planning and Development.
(e) 
Conditions. The Township Board may require reasonable conditions in its decision in order to further the intent and purposes of the land division ordinance.
(f) 
Notice of decision. The Director of Community Planning and Development shall notify the parties making the request in writing of the Township Board's decision.
(3) 
Effective period. 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 Ingham County Register of Deeds office and filed with the Director of Community Planning and Development.
(4) 
Record of divisions. The Director of Community Planning and Development shall maintain an official record of all approved and accomplished land divisions.
(5) 
Liability of Township for nonissuance of building permit. The Charter Township of Meridian and its officers and employees are not liable if a building permit is not issued for a resulting parcel because the parcel is less than one acre in size and lacks either public water and sanitary sewer or Health Department approval for on-site water supply and on-site sewage disposal.
(6) 
Division approval not determination of compliance. The approval of a division is not a determination that the resulting parcels comply with other ordinances or regulations.
[Ord. No. 2006-03, 8-1-2006]
A proposed land division shall be approved if the following criteria are met:
(1) 
Compliance with state law. An application for division of land shall not be approved unless it is in compliance with the Land Division Act. (MCL § 560.101 et seq., as amended.)
(2) 
Parcel width and area. All parcels and remaining land resulting from the proposed land division(s) shall comply with the minimum width and area requirements of the Code of Ordinances. Parcels should resemble rectangles but may be shaped to adapt to natural features on the site, subject to review by the Director of Community Planning and Development. Flag shaped parcels, irregular shaped parcels, and parcels with unusual shapes proposed only for the purpose of meeting parcel area or width requirements shall not be permitted.
(3) 
Access. All parcels are accessible as defined by this chapter.
(4) 
Depth to width ratio. Except as exempted by the Land Division Act (MCL § 560.101 et seq., as amended), the ratio of depth to width of any parcel created by the division shall not have a depth of more than three times the width. The Director of Community Planning and Development may waive the depth to width ratio due to exceptional topographic or physical conditions with respect to the parcel and compatibility with surrounding lands. The depth to width ratio requirements of this chapter do not apply to a parcel larger than 10 acres and do not apply to the remainder of the parent parcel or parent tract retained by the applicant.
(5) 
The division does not isolate a cemetery so that it cannot be served by a driveway providing vehicular access to an existing road or street or an existing easement providing vehicular access to an existing road or street.
[Added by Ord. No. 2019-17, 11-19-2019]
(6) 
One of the following items shall be met:
[Added by Ord. No. 2019-17, 11-19-2019]
(a) 
A certificate from the Ingham County Treasurer verifying all property taxes and special assessments due on the parcel or tract subject to the proposed division for the five years preceding the date of the land division application have been paid.
(b) 
If the property taxes or special assessments have not been paid, the unpaid property taxes or special assessments have been apportioned as provided by the General Property Tax Act, specifically MCLA § 211.53, as amended. Any apportioned property taxes or special assessments are a lien against the parcels or tracts as apportioned by the assessing officer in the same manner as property taxes and special assessments of the year of the original assessment.
[Ord. No. 2006-03, 8-1-2006]
Notwithstanding disqualification from approval pursuant to this article, a proposed land division which does not comply with the minimum width and area requirements of Chapter 86 of the Code of Ordinances may be approved in any of the following circumstances:
(1) 
Where the applicant executes and records an affidavit or deed restriction with the Ingham County Register of Deeds in a form acceptable to the Charter Township of Meridian, designating the parcel "not buildable" and shall not thereafter be the subject of a request to the Zoning Board of Appeals for relief from the applicable width or area requirements, and shall not be developed with any building, accessory building, or structure.
(2) 
Where in circumstances not covered by Subsection 62-95(1), the Zoning Board of Appeals has previously granted a variance from the width or area requirements with which the parcel failed to comply.
[Ord. No. 2006-03, 8-1-2006]
Any parcel created in noncompliance with this chapter shall not be eligible for any building permits or zoning approvals, such as special use permit or site plan, and shall not be recognized as a separate parcel on the assessment roll. In addition, violation of this chapter shall subject the violator to the penalties and enforcement actions set forth in Article VI or as may otherwise be provided by law.