Exciting enhancements are coming soon to eCode360! Learn more 🡪
Charter Township of Meridian
Ingham County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Code
New Laws (0) Index
[Ord. No. 2006-03, 8-1-2006]
The following divisions of land are regulated by this article:
(1) 
The division of lots, outlots and other land located within the boundaries of a recorded plat which are proposed to be partitioned or divided into not more than four parts for purpose of sale, lease or building development.
(2) 
The transfer of property between two or more adjacent lots, outlots, or other land within the boundaries of a recorded plat.
[Ord. No. 2006-03, 8-1-2006]
Prior to making any division of platted land, 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 survey map prepared by a land surveyor licensed in the State of Michigan showing the dimensions and legal descriptions of the existing parcel(s) and the parcel(s) proposed to be created by the division(s) or combinations(s).
(3) 
A copy of any grants, reservations, or deed restrictions which may condition the use of the property.
(4) 
Type, location and dimensions of all existing and proposed easements and the purpose for which each easement has been created shall be specified on the survey map.
(5) 
If any portion of the land has been part of a previous application for division of land, the applicant shall submit the date(s) of such application(s) and action taken.
(6) 
If determined necessary for the evaluation of the application, the Director of Community Planning and Development shall require the following information be submitted:
(a) 
A topographic survey using United States Geological Survey (USGS) datum at contour intervals of not more than two feet.
(b) 
Site information including the location of natural features such as woodlands, streams, public drains, ponds, wildlife corridors, wetlands and other natural or man-made features of special interest in development and use of the lots.
(c) 
The surveyed location of all buildings and structures on the lot with notes indicating if the buildings and structures are to be retained, modified or removed.
(d) 
Existing access points to a public street on parcels adjacent to, across from, or within 150 feet of the subject lot.
If determined by the Director of Community Planning and Development, the application or the 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 by 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 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 the 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 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 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 sewer or Health Department approval for an 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]
The following criteria shall be used as the basis upon which applications for division of land are reviewed and approved:
(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) 
Lot area. The lot area for each lot resulting from the division shall meet all of the following requirements, exclusive of any area occupied by a public street right-of-way or an access easement:
(a) 
The lot area shall be the minimum amount required for a lot for the zoning district in which the land is located.
(b) 
The lot shall have sufficient area to accommodate structures and grading in compliance with the minimum water feature setback required in the Code of Ordinances.
(3) 
Lot width. The lot width for each lot resulting from the division shall comply with the minimum lot width of the Code of Ordinances in effect at the time a land division is approved, except a land division proposal may also be approved where a nonconforming lot created as a result of the division is proposed to be combined with additional land for the purposes of creating a lot which conform(s) with the Code of Ordinance requirements.
(4) 
Depth to width ratio. The depth to width ratio for each lot resulting from the division which are 10 acres or less in size shall not have a depth of more than three times the width. The variation(s) from these proportions may be permitted where such action would reduce existing nonconformance with these standards or preserve natural resources or natural features.
(5) 
Access. Each lot resulting from the division shall have access from a public street approved by the Ingham County Road Commission or the Michigan Department of Transportation.
(6) 
Sight distance. Each lot resulting from the division with frontage along a street shall have adequate sight distance, as required by the Ingham County Road Commission or the Michigan Department of Transportation, as applicable.
(7) 
Lot shape. Lots 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 lots, irregular shaped lots, and lots with unusual shapes proposed only for the purpose of meeting lot area or width requirements shall not be permitted.
(8) 
Compliance with zoning standards. An application for a division of land shall not be approved unless the applicant demonstrates the resulting lot can be built upon or used in compliance with the Code of Ordinances. This requirement shall not apply to lots which are to be dedicated in perpetuity as commons or where the development rights to the lot have been permanently relinquished. To determine whether the criteria have been met, issues which shall be taken into consideration include, but are not limited to the following:
(a) 
Unusual topography which may prevent the use of portions of a lot.
(b) 
Presence of easements or rights-of-way which restrict the use of a lot.
(c) 
Wetlands, surface water, or the intermediate regional floodplain, which restrict or prevent construction on portions of a lot.
(d) 
Soils which are incapable of supporting a building foundation.
(e) 
The shape of a lot with respect to the minimum buildable area.
(f) 
The amount of land available for parking, loading, and other accessory operations for a nonresidential lot.
(g) 
Compliance with the minimum requirements and setbacks in the Code of Ordinances.
(9) 
Consent of the title holder. No division of land shall be approved without the written consent of the property owner.
(10) 
Consideration of deed restrictions in the plat. The effect of a deed restriction on a division of land shall be considered in the review of the application. However, such deed restrictions shall not be binding upon the Township.
(11) 
Change in use of outlot, commons, or park. The change in use of an outlot, commons, or park shall require re-platting.
(12) 
Easements. Approval of a division of platted land shall not create new easements for streets, public utilities, pedestrian/bicycle pathways, sidewalks, or other required public facilities without first obtaining a court order.
(13) 
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]
(14) 
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.