It is hereby determined necessary to maintain orderly development
of the community and provide for the health, safety and welfare of
the residents and property owners of the Township to regulate the
division and partitioning of land in the Township which is not otherwise
subject to the Land Division Act platting procedures and requirements
of this chapter.
The following words, terms and phrases, when used in this Part
2, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
APPLICANT
A person, firm, association, partnership, corporation, or
combination of any of them which may hold any divisible interest in
land, whether recorded or not, who is seeking approval for a division
or partition pursuant to this Part 2.
DIVIDE or PARTITION
Splitting or separating a parcel or tract of land into parts
by, or for purposes of selling or leasing for more than one year,
or for building development, where the resulting parts are not, or
will not be owned by the same person, and the splitting and separating
is not pursuant to land division or platting procedures under the
Land Division Act.
LAND
The surface area known as "real estate."
LOT, PARCEL or TRACT
Contiguous areas of land under the ownership of the same
person. Lot may also refer to land which is described and fixed in
a recorded plat.
PANHANDLE
That portion of a lot used for ingress and egress to and
from an abutting road which does not meet the minimum lot width required
for the zoning district.
PLAT
A map or chart approved for the division of land pursuant
to the laws of the state.
PRIVATE ROAD
An area of land used for ingress and egress to and from land
which does not abut a public road, and said area is not owned or maintained
by the public.
PUBLIC ROAD
An open way for passage or travel under public ownership
and/or maintenance.
It shall be unlawful for any person to divide or partition any
lot, outlot or other parcel of land in a recorded plat, except in
accordance with the provisions of this Part 2, unless the division
or partition is approved and a part of a recorded plat pursuant to
the Land Division Act.
A lot, outlot, or other parcel of land in a recorded plat, may
be divided or partitioned into not more than four parts, if it is
not in violation of the Land Division Act, if there is compliance
with the following:
A. An approval pursuant to this Part 2 shall be obtained.
B. The minimum lot size in area, and the minimum front lot line width of any lot, outlot or other parcel of land shall be in compliance with the applicable requirements of the Township Zoning Ordinance, as amended. The minimum lot size in area shall be exclusive of all dedicated road rights-of-way. (See Chapter
370, Article
I, Right-of-Way Widths.) Lot depth shall not be in excess of four times the lot width.
C. Any due or unpaid taxes or special assessments upon the property
shall be paid or secured.
D. Every resultant parcel shall abut a public road right-of-way, or a private road approved pursuant to Article
VIII of this Part
2.
E. Every resultant parcel shall be serviced by underground electrical
and communication service lines pursuant to standards and quality
of workmanship prescribed and/or approved by the State Public Service
Commission.
F. Every resultant parcel which is not served by sewer shall be approved
by the County Health Department for the development of a septic system.