[Adopted 6-2-1997 by Ord.
No. 109]
[1]
Editor's Note: Prior to the adoption of Ord. No. 109 in 1997, Ord. No. 107 was adopted in 1996 (effective 11-27-1996) adding a new Article VI to Chapter 2 to create an Assistant to the City Manager position and to eliminate the Public Works Superintendent position; however, Ord. No. 120 (effective 2-16-1999) repealed Ord. No. 107 in its entirety.
The purpose of this ordinance is to carry out the provisions
of the State Land Division Act (1967 PA 288, as amended,[1] formerly known as the Subdivision Control Act), 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 City be establishing reasonable standards for prior review
and approval of land divisions within the City.
[1]
Editor's Note: See MCLA § 560.101 et seq.
For purposes of this ordinance, certain terms and words used
herein shall have the following meanings:
A natural person, firm, association, partnership, corporation
or combination of any of them that holds an ownership interest in
land whether recorded or not.
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.[1]
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 less than 30 acres.
[1]
Editor's Note: See MCL §§ 560.108 and 560.109.
Land in the City shall not be divided without the prior review
and approval of the City Assessor, Building Inspector and zoning enforcement
officer, or other official designated by the governing body, in accordance
with this ordinance and the State Land Division Act; provided that
the following shall be exempted from this requirement:
A.
A parcel proposed for subdivision through a recorded plat pursuant
to the City's Subdivision Control Ordinance and the State Land Division
Act.
B.
A lot in a recorded plat proposed to be divided in accordance with
the City's Subdivision Control Ordinance and the State Land Division
Act.
C.
An exempt split as defined in this ordinance.
An applicant shall file all of the following of with the City
Building Inspector and zoning enforcement officer or other official
designated by the City 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.
A completed application form on such form as may be provided by the
City.
B.
Proof of fee ownership of the land proposed to be divided.
C.
A survey map of the land proposed to be divided, prepared pursuant
to the survey map requirements of 1970 PA 132, as amended (MCLA § 54.211)
by a land surveyor licensed by the State of Michigan, and showing
the dimensions and legal descriptions of the existing parcel and the
parcels proposed to be created by the division(s), the location of
all existing structures and other land improvements, and the accessibility
of the parcels for vehicular traffic and utilities from existing public
roads. In lieu of such survey map, at the applicant's option, the
applicant may waive the thirty-day statutory requirement for a decision
on the application until such survey map and legal description are
filed with the City, and submit a tentative preliminary parcel map
drawn to scale of not less than that provided for on the application
form including an accurate legal description of each proposed division,
and showing the boundary lines, dimensions, and the accessibility
of each division from existing or proposed public roads for automobile
traffic and public utilities, for preliminary review, approval, and/or
denial by the locally designated official prior to a final application
under Section 2-37. The City Building Inspector and zoning enforcement
officer or other official designated by the City, may waive the survey
map requirement where the foregoing tentative parcel map is deemed
to contain adequate information to approve a proposed land division
considering the size, simple nature of the divisions, and the undeveloped
character of the territory within which the proposed divisions are
located. An accurate legal description of all the proposed divisions,
however, shall at all times be required.
D.
Proof that all standards of the State Land Division Act and this
ordinance have been met. (See checklist accompanying this ordinance.)
E.
The history and specifications of any previous divisions of land
of which the proposed division was a part sufficient to establish
the parcel to be divided was lawfully in existence as of March 31,
1997, the effective date of the State Land Division Act.
F.
Proof that all due and payable taxes or installments of special assessments
pertaining to the land proposed to be divided are paid in full.
G.
If transfer of division rights are proposed in the land transfer,
detailed information about the terms and availability of the proposed
division rights transfer.
H.
Unless a division creates a parcel which is acknowledged and declared
to be "not buildable" under Section 2-40 of this article, proof
that all divisions shall result in "buildable" parcels containing
sufficient "buildable" are outside of unbuildable wetlands, floodplains
and other areas where buildings are prohibited therefrom, and with
sufficient area to comply with all required setback provisions, minimum
floor areas, off-street parking spaces, on-site sewage disposal and
water well locations (where public water and sewer service is not
available), and maximum allowed area coverage of buildings and structures
on the site.
I.
The fee to cover the costs of review of the application and administration
of this ordinance and the State Land Division Act may be established
by resolution of the City.
Upon receipt of a complete land division application package,
the City Assessor or other designee shall within 30 days:
A.
Approve the application.
B.
Approve with reasonable conditions to assure compliance with applicable
ordinances and the protection of public health, safety and general
welfare.
C.
Disapprove the land division. The City shall promptly notify the
applicant of the decisions and the reasons for any denial. If the
application package does not conform to this and all other applicable
ordinance requirements and the State Land Division Act, the Assessor
or other designee shall return the same to the applicant for completion
and refiling in accordance with this ordinance and the State Land
Division Act.
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) fully
comply with the applicable lot (parcel), yard and area requirements
of the applicable zoning ordinance, including, but not limited to,
minimum lot (parcel) frontage/width, minimum road frontage, minimum
lot (parcel) area, minimum lot width to depth ratio, and maximum lot
(parcel) coverage and minimum set-backs for existing buildings/structures.
B.
The proposed land division(s) comply with all requirements of the
State Land Division Act and this ordinance.
C.
All parcels created and remaining have existing adequate accessibility,
or an area available therefor, to a public road for public utilities
and emergency and other vehicles not less than the requirements of
the applicable zoning ordinance, major thoroughfare plan, road ordinance
or this ordinance. In determining adequacy of accessibility, any ordinance
standards applicable to plats shall also apply as a minimum standard
whenever a parcel or tract is proposed to be divided to create four
or more parcels.
D.
The ratio of depth to width of any parcel created by the division
does not exceed a four to one ratio exclusive of access roads, easements,
or non-buildable parcels created under Section 2-40 of this article
and parcels added to contiguous parcels that result in all involved
parcels complying with said ratio. The permissible depth of a parcel
created by a land division shall be measured within the boundaries
of each parcel from the center of the road right-of-way to the most
remote boundary line point of the parcel from the point of commencement
of the measurement. The permissible minimum width shall be as defined
in the applicable zoning ordinance.
Notwithstanding disqualification from approval pursuant to this
ordinance, a proposed land division which does not fully comply with
the applicable lot, yard, accessibility and area requirements of the
applicable zoning ordinance or this ordinance may be approved in any
of the following circumstances:
A.
Where the applicant executes and records an affidavit or deed restriction
with the County Register of Deeds, on a form acceptable to the City,
designating the parcel as "not buildable". Any such parcel shall also
be designated as "not buildable" in the City records, and shall not
thereafter be the subject of a request to the Zoning Board of Appeals
for variance relief from the applicable lot and/or area requirements,
and shall not be developed with any building or above ground structure
exceeding four feet in height.
B.
Where, in circumstances not covered by Subsection A above, the Zoning Board of Appeals has, previous to this ordinance, granted a variance from the lot, yard, ratio, frontage and/or area requirements with which the parcel failed to comply.
C.
Where the proposed land division involves only the minor adjustment
of a common boundary line or involves a conveyance between adjoining
properties which does not result in either parcel violating this ordinance,
any applicable zoning ordinance, or the State Land Division Act.
Any parcel created in noncompliance with this ordinance shall
not be eligible for any building permits, or zoning approvals, such
as special land use approval or site plan approval, and shall not
be recognized as a separate parcel on the assessment roll. In addition,
violation of this ordinance shall subject the violator to the penalties
and enforcement actions set forth in Section 2-42 of this article,
and as may otherwise be provided by law.
Any person who violates any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and shall be punished by a
fine of not more than $100 or by imprisonment in the County jail for
not to exceed 90 days or by both such fine and imprisonment. Any person
who violates any of the provisions of this ordinance shall also be
subject to a civil action seeking invalidation of the land division
and appropriate injunctive or other relief.
The provisions of this ordinance are hereby declared to be severable
and if any clause, sentence, word, section or provision is declared
void or unenforceable for any reason by any court of competent jurisdiction,
it shall not affect any portion of this ordinance other than said
part or portion thereof.
