The following terms shall have the meanings ascribed in this
section, and terms not expressly mentioned shall have meanings as
provided by dictionary and common usage, taking into consideration
the context in which they appear and the rules applicable to the interpretation
of legislation:
ACCESSIBLE
In reference to a parcel, that the parcel meets one or both
of the following requirements:
A.
Has an area where a driveway provides vehicular access to an
existing road or street and meets all applicable location standards
of the State Transportation Department or County Road Commission under
Public Act No. 200 of 1969 (MCLA § 247.321 et seq.) and
of the Township, or has an area where a driveway can provide vehicular
access to an existing road or street and meet all such applicable
location standards.
B.
Is served by an existing easement that provides vehicular access
to an existing road or street and that meets all applicable location
standards of the State Transportation Department or County Road Commission
under Public Act No. 200 of 1969 (MCLA § 247.321 et seq.)
and of the Township, or can be served by a proposed easement that
will provide vehicular access to an existing road or street and that
will meet all such applicable location standards.
APPLICANT
The person having the fee interest in the property which
is the subject matter of the application under this Part 3, or the
authorized representative of such person.
BUILDING SITE
A parcel with existing structures proposed for use, and/or
a parcel on which the improvement of new structures is proposed.
CHARACTER
The combination of traits which, when considered together,
distinguish specified land and/or development from other specified
land and/or development. In assessing character, the following may
be considered, along with any other expressly identified factors:
A.
Current zoning and land usage.
C.
Percentage of a lot covered by structures and other impervious
improvements.
E.
Type, extent, location and use of natural landscape.
G.
Traffic flow and the relationship of traffic to pedestrian and
vehicular thoroughfares.
J.
Type and location of utilities and other infrastructure improvement.
DIVIDE or DIVISION
The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and that satisfies the requirements of this Part
3 and Sections 108 and 109 of the Act (MCLA §§ 560.108, 560.109). Division does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of this Act or the requirements of this Part
3.
EXEMPT SPLIT
The partitioning or splitting of a parcel or tract of land
by the proprietor thereof or by his or her heirs, executors, administrators,
legal representatives, successors or assigns that does not result
in one or more parcels of less than 40 acres or the equivalent. For
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 Act and the requirements of this Part 3.
FORTY ACRES
Includes either 40 acres, a quarter-quarter section containing
not less than 30 acres, or a government lot containing not less than
30 acres.
LOT
A measured portion of a parcel or tract of land, which is
described and fixed in a recorded plat.
NATURAL FEATURE SETBACK
A distance from a natural feature designed to achieve independent
benefits, and concurrently, benefits relating to the adjacent natural
feature, all as defined and required under the Zoning Ordinance.
NEIGHBORHOOD
Those parcels or subdivision plats located in whole or in
part within 1,320 feet of the parcel in question, found by the Township
official or body conducting the review to relate to the creation,
development or use of the parcel in question.
PARCEL
A continuous area or acreage of land which can be described
as provided in the Land Division Act.
PARCEL USE CERTIFICATE
A permit issued under Article
XI of this Part
3, following submission of an application and review by the Township, determining that a parcel conforms with applicable laws, ordinances and regulations for the purpose to which the parcel is proposed to be used, subject to the issuance of building permits and other permits or certificates required by governmental entities having jurisdiction.
PLAT or SUBDIVISION
A map or chart, and accompanying provisions and restrictions,
created and recorded as provided in the Land Division Act, or predecessor
statutes.
PRIVATE ROAD
An area of land approved by the Township for vehicular ingress
and egress to and from land which does not abut a street, road or
highway over which a governmental entity has taken jurisdiction for
maintenance. "Private road" shall also mean an area of land established
as a means of vehicular ingress and egress by documentation recorded
at the Register of Deeds office on or before the effective date of
the ordinance from which this Part 3 is derived, and lawful for use
for such purposes under applicable law and ordinances.
TRACT
Two or more parcels that share a common property line and
are under the same ownership.
WATERCOURSE
Any waterway or other body of water having well defined banks,
including rivers, streams, creeks, and brooks, whether continuously
or intermittently flowing, and lakes and ponds.
WETLAND
An area defined as a "wetland" in MCLA § 324.30301.
WIDTH (PARCEL OR TRACT WIDTH)
The distance along a line between the side boundaries of
a parcel or tract, where such line is parallel to the front boundary
of the parcel or tract, and is measured in the location at which such
distance is the shortest.
[Amended 6-8-1999 by Ord. No. 81]
A. Any person who shall violate any provision of this Part
3 shall be responsible for a municipal civil infraction, and upon a determination of responsibility shall be subject to a civil fine as set forth in Chapter
1, Article
I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this Part
3.
B. Each day a violation exists shall be deemed to be a separate offense.
C. In addition, a civil action in the Circuit Court may be initiated
seeking relief deemed appropriate to the Township, including, without
limitation, a declaration that a division or use of land should not
be lawfully recognized or permitted to continue.