[HISTORY: Adopted by the Township Board of Trustees of the Charter Township of Pittsfield 2-25-2015 by Ord. No. 317 as Ch. 13 of the 2015 Pittsfield Charter Township Code. Amendments noted where applicable.]
Subdivision — See Ch. 12.
The purpose of this chapter is to carry out the provisions of the State Land Division Act (MCL 560.101 et seq.), to prevent the creation of parcels of property that do not comply with applicable ordinances and that act to minimize potential boundary disputes, to maintain orderly development of the community, and otherwise provide for the health, safety and welfare of the residents and property owners of the Township by establishing reasonable standards for prior review and approval of land divisions within the Township.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- A natural person, firm, association, partnership, corporation, or combination of any of them that holds an ownership interest in land whether recorded or not and makes application for a division of the land.
- DIVIDED or DIVISION
- The partitioning or splitting of a parcel or tract of land by its proprietor or by his heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale, 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 Sections 108 and 109 (MCL 560.108 and 560.109) of the State Land Division Act (MCL 560.101 et seq.).
- EXEMPT SPLIT or EXEMPT DIVISIONS
- The partitioning or splitting of a parcel or tract of land by its proprietor or by his 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, provided all resulting parcels are accessible for vehicular travel and utilities from existing public roads through existing adequate roads or easements, or through areas owned by the owner of the parcel that can provide such access.
- FORTY ACRES OR THE EQUIVALENT
- Either 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres.
Land in the Township shall not be divided without the prior review and approval of the Zoning Administrator in accordance with this chapter and the State Land Division Act (MCL 560.101 et seq.); provided that the following shall be exempted from this requirement:
A parcel proposed for subdivision through a recorded plat pursuant to the Township's Subdivision Control Ordinance and the State Land Division Act (MCL 560.101 et seq.); or through a condominium pursuant to the State Condominium Act (MCL 559.101 et seq.).
A lot in a recorded plat proposed to be divided in accordance with the Township's Subdivision Control Ordinance and the State Land Division Act, and which complies with the minimum requirements of the zoning district in which it is located.
An exempt split or other partitioning or splitting that results in parcels of 20 acres or more if each is not accessible and the parcel was in existence on March 31, 1997, or resulting from exempt splitting under the state act.
An applicant shall file all of the following with the Zoning Administrator for review and approval of a proposed land division before making any division either by deed, land contract, lease for more than one year, or for building development:
A completed application on such form as may be provided by the Township.
Proof of fee ownership of the land proposed to be divided.
A tentative parcel map, drawn to scale, including an accurate legal description of each proposed division, and showing the boundary lines, dimensions and the accessibility of each division for vehicle traffic and utilities.
Proof that all standards of the State Land Division Act and this chapter have been met.
If a transfer of division rights is proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer.
The fee as may be established by resolution of the Township Board of Trustees for land division reviews pursuant to this chapter to cover the costs of review of the application and administration of this chapter and the State Land Division Act.
Upon receipt of a land division application, the Zoning Administrator shall approve, approve with reasonable conditions to assure compliance with applicable ordinances and the protection of public health, safety and general welfare, or deny the land division applied for within 45 days after receipt of the application conforming to this chapter, and shall promptly notify the applicant of the decisions and the reasons for any denial. If the application does not conform to these requirements of this chapter and the State Land Division Act, the Zoning Administrator shall return the application to the applicant for completion and refiling in accordance with this chapter and the State Land Division Act.
Any person aggrieved by the decision of the Zoning Administrator may, within 30 days of the decision, appeal the decision to the Township Board of Trustees, or such other board or person designated by resolution of the Township Board of Trustees, which shall consider and resolve such appeal by a majority vote of the Board or by the designee at its next regular meeting or session affording sufficient time for a twenty-day written notice to the applicant (and appellant where other than the applicant) of the time and date of the meeting and appellate hearing. The decision of the Township Board of Trustees or such other board or person designated by the Township Board of Trustees shall not create a parcel or division that would otherwise not be permitted under the provisions of the Zoning Ordinance of the Township.
Editor's Note: The Zoning Ordinance is available from the Township Clerk.
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 county register of deeds office and filed with the Township Assessor or other designated official accomplishing the approved land division or transfer.
The Zoning Administrator shall maintain official records of all approved land divisions or transfers, and the Township Assessor or his designee shall maintain official records of all accomplished land divisions or transfers.
Approval of a division is not a determination that the resulting parcels comply with or are developable under other ordinances or regulations.
The Township and its officers and employees shall not be liable for approving a land division if building permits for construction on the parcels are subsequently denied because of inadequate water supply, sewage disposal facilities or otherwise; and any notice of approval shall include a statement to this effect.
A proposed land division reviewable by the Township shall be approved if the following criteria are met:
All the parcels to be created by the proposed land division fully comply with all applicable requirements of the Zoning Ordinance of the Township, including but not limited to minimum parcel size and required road frontage.
The proposed land division complies with all the requirements of this chapter and the State Land Division Act.
All parcels created and remaining shall have adequate accessibility, or an area available for accessibility, for public utilities and emergency and other vehicles.
Any division of land in violation of any provision of this chapter shall not be recognized as a land division on the Township tax roll, and no construction that requires the prior issuance of a construction or building permit shall be allowed. The Township shall further have the authority to initiate injunctive or other relief to prevent any violation or continuance of any violation of this chapter.
An unlawful division or split shall also be voidable at the option of the purchaser and shall subject the seller to the forfeiture of all consideration received or pledged, together with any damages sustained by the purchaser, recoverable in an action at law.