[Adopted 11-26-1997 by Ord. No. 97-6 (Part 275 of the 1995 Compilation of Ordinances)]
This Part 2 shall be known and cited as the "Huron Charter Township Land Division Ordinance."
The purpose of this Part 2 is to carry out the provisions of the State Land Division Act (1967 PA 288, as amended, formerly known as the Subdivision Control Act),[1] to prevent the creation of parcels of property which do not comply with applicable ordinances and said 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.
[1]
Editor's Note: See MCLA § 560.101 et seq.
For purposes of this Part 2, certain terms and words used herein shall have the following 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.
Any parcel or lot on which exists or which is intended for building development other than the following:
Agricultural use involving the production of plants and animals useful to humans, including forages and sod crops; grains; feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; Christmas trees; and other similar uses and activities.
Forestry use involving the planting, management, or harvesting of timber.
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 Sections 108 and 109 of the State Land Division Act.
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; 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.
Either 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres.
A continuous area or acreage of land which can be described as provided for in the Land Division Act.
A parcel or tract, respectively, lawfully in existence on March 31, 1997.
The Planning Commission of Huron Township.
The Township Board of Huron Township.
Two or more parcels that share a common property line and are under the same ownership.
Land in the Township shall not be divided without the prior review by Huron Township Development Coordinator and approval by the Supervisor in accordance with this Part 2 and the State Land Division Act; provided that the following shall be exempted from this requirement:
An applicant shall file all of the following with the Huron Township Development Coordinator for review and recommendation to the Supervisor for 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.
A completed application on such form as may be provided by the Township.
B.
Proof of fee ownership of the land proposed to be divided.
C.
A tentative parcel map drawn to scale including an accurate legal description of each proposed division, and showing the boundary lines, approximate dimensions, and the accessibility of each division for vehicular traffic and public utilities.
E.
If transfer of division rights are proposed in the land transfer, detailed information about the terms and availability for the proposed division rights transfer.
A.
The Township Development Coordinator shall review and make a recommendation to the Supervisor who shall approve or disapprove the land division applied for within 45 days after receipt of the application package conforming to the requirements of this Part 2 and the State Land Division Act, and shall promptly notify the applicant of the decision and, if denied, the reasons for the denial. A land division proposed adjacent to an existing or proposed private road shall be sent to the Planning Commission for review and recommendation before final decision by the Supervisor.
B.
Any person or entity aggrieved by the decision of the Supervisor or designee may, within 30 days of said decision, appeal the decision to the Township Board which shall consider and resolve such appeal by a majority vote of said Board 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 said meeting and appellate hearing.
C.
The Township Supervisor or designee shall maintain an official record of all approved and accomplished land divisions or transfers.
D.
Approval of a division is not a determination that the resulting parcels comply with other ordinances or regulations.
E.
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 shall be approved if the following criteria are met:
A.
All the parcels to be created by the proposed land division(s) shall fully comply with the applicable lot (parcel), yard and area requirements of Chapter 530, Zoning, including, but not limited to, minimum lot (parcel) frontage/width, minimum road frontage, and minimum lot (parcel) area.
B.
The proposed land division(s) shall comply with all requirements of the State Land Division Act and this Part 2.
C.
The ratio of depth to width of any parcel created by the division shall be consistent with the standards established in Chapter 530, Zoning.
D.
All parcels created and remaining shall have adequate accessibility, or an area available therefor, for public utilities and emergency and other vehicles.
E.
All taxes are currently paid to date.
Any lot or parcel of land resulting from a division or participation of lands pursuant to this Part 2 which does not abut a public road shall abut a private road which shall comply with the following requirements:
A.
All private roads shall be concrete with a minimum right-of-way of 60 feet and shall be in accordance with MDOT requirements as specified on the typical sections prescribed by the Wayne County Department of Public Service.
[Amended 4-23-2014 by Ord. No. 14-03]
B.
All private roads shall be inspected by the Township Engineer to insure compliance with the Subsection A above, and the Township Engineer shall certify compliance with Subsection A above prior to the issuance of a building permit for any structure which may be constructed on any lot, outlot or parcel which will result from the division or partition. Fees for said inspection shall be paid by the petitioner prior to the issuance of a building permit.
C.
Whenever possible, all property owners who will be using the private road for ingress and egress purposes shall retain or have a part ownership interest in the road as opposed to one party retaining the title and the others having easement rights.
D.
The road shall be constructed and established before the issuance of a building permit for any structure which may be constructed on any lot, outlot or parcel which will result from the division or partition and for which ingress and egress will be via the road.
E.
The private road shall be named and an appropriate sign(s) shall indicate the name. Said sign shall be maintained, and the words "private road" shall be on the sign in addition to the name.
F.
All persons owning lands which use or may use the private road for ingress or egress shall enter into a maintenance agreement, which shall be presented to the Township in a form suitable for recording with the Wayne County Register of Deeds. The maintenance agreement shall include at least the following:
(1)
A method of initiating and financing whatever improvements and/or maintenance which may be needed from time to time in order to keep the road in a reasonably good and usable condition.
(2)
A workable method of apportioning the cost of maintenance and improvement.
(3)
Easements to the public and private concerns for the purposes of emergency and other vehicles for whatever public or private services are necessary.
(4)
A provision that the owners of any and all of the property using the road shall refrain from prohibiting, restricting, limiting or in any manner interfacing with normal ingress and egress and use by any of the other owners. Normal ingress and egress and use shall include use by family, guests, invitees, tradesmen, and others bound to or returning from any of the properties having a right to use the road.
G.
Fire protection on private roads. When any lot or parcel of land resulting from a division or partition of lands pursuant to this Part 2 creates a parcel upon which the house and or building when constructed will be more than 500 feet from a fire hydrant, then a minimum eight-inch water main and hydrant shall be installed within 500 feet of the house or building. The five-hundred-foot distance shall be measured along the public road and the private road and shall not be measured across private property. This required water main and hydrant shall be placed in an easement dedicated to the Township along the private road. The water main shall be turned over to the Township when completed and approved.
H.
The Township Board may partially waive the requirements of this section to the extent it finds it necessary based upon a hardship or other similar circumstances, but any deviation shall only be after the Board makes findings consistent with the following:
(1)
The division or partition will result in lots or parcels of land consistent with the character of the area in which the property is located, Chapter 530, Zoning, and the Huron Township Master Land Use Plan.
(2)
There has been compliance with the requirements of this Part 2, and the other applicable Township ordinances, standards, rules and regulations.
(3)
The provisions for, and any private road shall be in compliance with § 331-41, not injurious to the public health, safety and welfare, and generally compatible with the surrounding land use and development.
A.
Any division of land in violation of any provision of this Part 2 shall not be recognized as a land division on the Township tax roll, and no construction thereon which 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 Part 2.
B.
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 therefor, together with any damages sustained by the purchaser, recoverable in an action at law.