[HISTORY: Adopted by the Village Council of the Village of
New Haven 4-19-2016 by Ord. No.
340. Amendments noted where applicable.]
This chapter shall be known and cited as the "Village of New
Haven Land Division and Combination Ordinance."
A.
This chapter shall apply to the division or combination of unplatted
land not resulting in a subdivision as defined and regulated by Section
102 of the State of Michigan Subdivision Control Act of 1967,[1] as amended, and the further division of platted land pursuant
to Section 263 of said Act.
[1]
Editor's Note: See MCLA § 560.101 et seq.
B.
The requirements of this chapter shall not apply where there is a
minor adjustment of a common boundary line to correct an existing
problem and where such does not change the Sidwell numbering system.
C.
After review and written recommendation from the Zoning Administrator
to the Village Council, and upon approval, Council shall submit to
the Lenox Township Assessor.
This chapter has been enacted to:
A.
Implement a definite and orderly procedure for land division or combination.
B.
Implement sound planning techniques and principles.
C.
Minimize the number of variances sought from the Zoning Board of
Appeals by innocent third parties who purchased substandard lots.
D.
Ensure that newly created parcels are not landlocked and that parcels
without the requisite frontage on a public road are given sufficient
easement width and quality to ensure adequate access to a public road.
F.
Protect innocent third parties from purchasing substandard lots (i.e.,
a building permit will not be issued).
G.
Monitor the creation of new parcels of land.
Land in the Village shall not be divided or combined or attempted
to be divided or combined without the prior approval of the Village
Council of the Village of New Haven. No building permit shall be issued
on parcels or lots which are not in compliance with this chapter or
state law.
A.
The division or combination of any parcel of land shall require the
approval of the Village Council prior to the effective date of such
division or combination. In the review of the application for the
lot division or combination, the Village Council shall review the
report and recommendation of the Village Planner and shall determine
the conformity with the requirements of this chapter and the Village
of New Haven Zoning Ordinances and shall not approve any land division
or combination which is not in conformity with the same and other
requirements of the Subdivision Control Act of 1967, as amended, MCLA
§ 560.101 et seq.
B.
A proposed land division or combination shall be approved if the
following criteria are met:
(1)
All parcels created by the proposed division(s) or combination(s)
comply with the applicable lot (parcel), yard and area requirements
of the Zoning Ordinance,[1] including but not limited to minimum lot (parcel) frontage/width,
minimum road frontage, minimum lot (parcel) area, minimum lot width
to depth ratio, maximum lot (parcel) coverage and minimum setbacks
for existing buildings/structures.
(3)
All parcels created and remaining have existing adequate accessibility, as defined in § 319-10 of this chapter, or an area available to provide such accessibility to a public road for public utilities and emergency and other vehicles not less than the requirements of the applicable Zoning Ordinance, master road plan, Road Ordinance or this chapter. 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.
(4)
There is adequate storm drainage and public utilities to serve the
parcels created by the division or combination, and suitable easements
are provided to allow the extension of adequate storm drainage and
public utilities in the future.
(5)
All taxes and special assessments on the properties sought to be
divided or combined have been paid.
(6)
The ratio of depth to width of any parcel created by the division or combination does not exceed a four-to-one ratio. The permissible depth of a parcel created by a land division or combination shall be measured within the boundaries or each parcel from the abutting 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 defined in the applicable Zoning Ordinance or, in the absence thereof, as specified in Subsection B(6)(a) and (b) of this section.
(b)
For corner lots or parcels, the depth of the property shall
be measured along the longest front property line which is parallel
to or is generally parallel to the public or private street right-of-way
or easement. The width of the corner lot or parcel shall be that front
property line which is parallel to or is generally parallel to the
public or private street right-of-way or easement and is the shorter
of the two front lot lines. Where such lines are of equal length,
the Village Planner shall determine which property line to use for
the purposes of determining width to depth for the purposes of this
section.
(c)
The Planning Commission may permit the division or combination
of a lot or parcel which does not comply with the above provisions,
provided that the following findings are made:
[1]
The greater depth-to-width ratio is necessitated by conditions
of the land which make compliance with this section impractical. Such
conditions may include topography, road access, soil conditions, wetlands,
floodplains, water bodies or other similar unique conditions;
[2]
The division or combination of land and use of such land will
not conflict with other federal, state, county or village ordinances
or regulations, unless an appropriate variance of approval is granted
as required or permitted by such ordinances or regulations.
(7)
The proposed division or combination shall not cause any existing
building or structure to become nonconforming.
(8)
If the parcel or lot which is the subject of the proposed land division
or combination is located at the end of a stub street, the applicant
agrees, as a condition of approval of the land division or combination,
to design and install a cul-de-sac meeting the Village's standards
which has been approved by the Village Engineer. Installation of the
proposed cul-de-sac or street extension must be completed prior to
the approval of the land division.
(9)
The proposed division or combination would not result in a parcel
containing more than one zoning classification, unless the Village
has determined that multiple zoning classifications on a resultant
parcel promotes orderly and harmonious development between adjacent
parcels, such as creating a desirable transition buffer between adjacent
parcels of different zoning classifications.
(10)
The proposed division or combination complies with such additional
written regulations, additional conditions and safeguards which have
been established by the Village deemed to ensure compliance with the
requirements of this chapter.
(11)
Any required roadways or streets shall be completed to the Village's
specifications and accepted as public roads by the Village of New
Haven.
(12)
No private road shall be created as a result of land division
or combination.
No lot in a recorded plat shall be divided into more than four
parts, and the resulting lots shall not be less area than permitted
by the Zoning Ordinance of the Village.[1] No building permit shall be issued nor building construction
commenced until the division has been approved and the provisions
of this chapter shall have been complied with by the proprietor.
Any owner of land within the Village of New Haven desiring to
divide or combine the same shall present a written application thereof
to the Village Clerk prior to any instrument being recorded purporting
to divide said property.
A.
The application so presented shall include the following:
(1)
Legal documents showing the ownership of all properties involved
in the division or combination.
(2)
A survey or sketch showing the dimensions of the original or parent
parcel, tract, lot or outlot to be divided or combined. The survey
shall also show names of all existing and proposed streets and rights-of-way;
all existing structures and physical features which would influence
the layout and design of the proposed divisions or combination; and
the location, width and purpose of easements.
(3)
A survey, prepared by a registered land surveyor in the State of
Michigan, providing the following. The survey shall be prepared on
durable white paper, to a scale not greater than 300 feet to one inch,
and a sheet size of 8 1/2 inches by 11 inches or 8 1/2 inches
by 14 inches.
(a)
The legal description of the individual parcels or lots to be
created;
(b)
The map showing the size and dimensions of each parcel or lot
to be created; all streets existing or proposed; location, size, width
and purpose of any easements; the size and location of any existing
buildings; and the dimensions to the proposed lot line;
(c)
The zoning classification of all proposed lots or parcels.
B.
In the event that the proposed division or combination will result
in parcels, tracts, lots or outlots being less than the minimum area
or size required by the applicable provisions of the State Subdivision
Control Act[1] and/or the New Haven Zoning Ordinance,[2] the proprietor shall also file with the Clerk a duly executed
affidavit suitable in form for recording with the Macomb County Register
of Deeds, signed by all persons having a legal or equitable interest
in said parcels, tracts, lots or outlots acknowledging that they understand
that said parcels, tracts, lots or outlots may not thereafter be developed
for use separately, but only in conjunction with adjoining parcels,
tracts, lots or outlots which, when together; shall satisfy the minimum
area and size requirements of said Act and/or ordinance.
C.
The Zoning Administrator shall examine the proposed divisions or
combination as to whether they comply with the applicable provisions
of this chapter, and that the resultant parcels, tracts, lots or outlots
are of sufficient area and size so as to comply with applicable provisions
of the Village of New Haven Zoning Ordinance. The Village Clerk may
request the opinions of the Village Attorney, Engineer or Planner
or seek the advice of state or county departments.
D.
If it appears that there may be a violation of the Village of New
Haven Zoning Ordinance or the State Subdivision Control Act, the Village
shall return the documents to the applicant until such conflict is
resolved.
E.
The Village Planner shall make its review and then submit its recommendations
to the Village Council.
F.
The application, all pertinent documents and the review and recommendation
of the Village Planner shall then be submitted to Village Council
for its action.
G.
If the Village Council approves the lot split or combination, a resolution
of lot consolidation or lot division shall be drafted by the Village
Attorney and adopted by Council. A copy of the resolution, the survey,
and the legal description shall be submitted to the Macomb County
Land File/Tax Mapping Division and the Lenox Township Assessor.
A.
The Village Planning Commission may recommend to the Village Council
a variance from the provisions of this chapter on a finding that undue
hardship may result from strict compliance with specific provisions
or requirements of the chapter, or that application of such provision
or requirement is impractical. The Planning Commission shall only
recommend variances that it deems necessary to, or desirable for,
the public interest.
B.
In making its findings, as required hereinbelow, the Planning Commission
shall take into account the nature of the proposed use of land and
the existing use of land in the vicinity, the number of persons to
reside or work in the proposed subdivision, and the probable effect
of the proposed subdivision upon traffic conditions in the vicinity.
No variance shall be recommended unless the Planning Commission finds,
after a hearing, that:
(1)
There are such special circumstances or conditions affecting said
property that the strict application of the provisions of this chapter
would clearly be impractical or unreasonable. In such cases, the applicant
shall first state its reasons, in writing, as to the specific provision
or requirement involved and submit them to the Planning Commission.
(2)
The granting of specific variance will not be detrimental to the
public welfare or injurious to other property in the area in which
said property is situated.
(4)
Such variance will not have the effect of nullifying the interest
and purpose of this chapter, the Zoning Ordinance, and the Master
Land Use Plan of this Village.
C.
The Planning Commission shall include its findings and the specific
reasons therefor in its report of recommendation to the Village Council
and shall also record its reasons and actions in its minutes.
D.
The Village Council, upon receipt of the recommendation of the Planning
Commission, may grant a variance in accordance with the requirements
of this section of the chapter.
Fees for lot division and combination within the Village of
New Haven may be established by the Village Council and shall be in
an amount sufficient to defray administrative, legal, engineering
or planning expenses processing such applications.
A.
ACCESSIBLE or ACCESSIBILITY
(1)
(2)
(3)
(4)
CLERK
COMBINE or COMBINATION
COUNCIL
DIVIDE, DIVISION or FURTHER DIVISION
As used in this chapter, the following terms shall have the meanings
indicated:
Refers to a parcel that meets one or more of the applicable
following requirements:
If a one-family residential parcel, the parcel is located upon
an existing public street constructed to the requirements of the codes,
ordinances and engineering standards of the Village, and the parcel
has a width not less than the minimum for such a lot or parcel under
the applicable section of the Zoning Ordinance;
If a one-family residential parcel, the parcel is located adjacent
to the public right-of-way meeting the minimum standards of the Village
Subdivision Regulations,[1] within which a public street meeting the requirements
of the codes, ordinances and engineering standards of the Village
will be constructed as a condition of the parcel division, and the
parcel has frontage on a public street not less than the minimum width
for such a lot or parcel under the applicable section of the Zoning
Ordinance;
If a parcel other than one-family residential, the parcel has
an existing driveway easement or public or private street constructed
in accordance with the minimum requirements for such access under
the codes, ordinances and engineering standards of the Village, which
access leads to an existing public street; or
If a parcel other than one-family residential, the parcel can
have a driveway easement or public or private street which will lead
to an existing public street, which access will be constructed in
accordance with the applicable minimum requirements for such access
under the codes, ordinances and engineering standards of the Village
as a condition of approval of the parcel division.
The New Haven Village Clerk or her duly authorized representative.
The addition or joining of a parcel, tract, lot or any part
of the foregoing with an existing parcel, tract, lot or any part of
such area of land to facilitate development or use as a separate zoning
parcel or lot under the terms of the Village ordinances.
The New Haven Village Council.
The partitioning or dividing of parcels or tract of land,
or of a lot or outlot, by the proprietor thereof or by his heirs,
executors, administrators, legal representatives, successors or assigns
for the purpose of sale of lease of more than one year, or of building
development.
A parcel or lot created in violation of this chapter is declared
a "nuisance per se" and subject to abatement.
