Charter Township of Oakland, MI
Oakland County
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A lot, outlot, or other parcel of land in a recorded plat may be further partitioned or divided into not more than four parts in accordance with the provisions of Land Division Act and/or Part 2 of this chapter on division of platted lots and the procedures therefor established hereinafter subject to the following minimum lot standard, to wit:
The minimum lot size of any lot, outlot, or other parcel of land in a recorded plat shall be in accordance with the applicable requirements of the Zoning Ordinance of the Township, as amended, and/or such successive Zoning Ordinance as may be hereafter established, except when the partitioning or dividing of such land is for the immediate development and use of such divided or partitioned land in conjunction with the adjoining lot, outlot, or parcel which does not meet the minimum requirements of said Zoning Ordinance after division or partition shall not be developed or used except in conjunction with the lot, outlot, or parcel immediately adjoining same.
It shall be unlawful for any person, firm, corporation, association, or copartnership to divide or partition any lot, outlot, or other parcel of land in a recorded plat except in accordance with the following procedures:
Partition or division in two or more but not more than four parts. The applicant shall deliver a written instrument fully executed in form legally sufficient for recording with the County Register of Deeds to the Township Board for its approval. Such instrument shall contain the legal description of the partition or division of the parcel described therein. Accompanying such instrument shall be a policy of title insurance issued by a company doing title work in the county, which policy of title insurance shall disclose that the person or persons executing the instrument are the owners in fee title or an abstract of title and tax history evidencing title to the property described.
If the division or partition of the parcel will result in a minimum lot size less than the requirements of the applicable provisions of the Township Zoning Ordinance, as amended, or its successive ordinance, if any, then the applicant shall deliver, in addition, a fully executed affidavit in form legally sufficient for recording with the County Register of Deeds and signed by all persons who have a legal or equitable interest in the parcel acknowledging that they understand and agree the partitioned or divided parcel or parcels may not thereafter be developed or used separately but only in conjunction with the adjoining parcels of land, such to be a covenant running with the land and such land to be and remain in common ownership.
Township Board review and approval. The review by the Township Board shall be such that the public health, safety, and welfare of the people will not be subserved by such partition or division.
The applicant shall pay the cost of recording such instrument or instruments as the case may be.
The applicant shall also submit a plan or drawing drawn to scale by a registered civil engineer or surveyor, pursuant to Public Act No. 132 of 1970 (MCLA § 54.211 et seq.), showing the subject property, including dimensions, and also adjoining property for at least 300 feet in all directions from subject property so as to adequately portray relationship of subject and adjoining property. All existing buildings and structures shall be located on said plan or drawing. The Township Board may also require the applicant to furnish it with such additional data as will enable the Township Board to decide the matter.