[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:
(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:
(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.
[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.
[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.
