This chapter shall be known and cited as the "Village of New
Haven Land Division and Combination Ordinance."
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.
E. Implement the Zoning Ordinance and to prevent inefficient, illegal and haphazard land
divisions or combinations.
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.
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. 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 and/or the New Haven Zoning Ordinance, 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.
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 parcel or lot created in violation of this chapter is declared
a "nuisance per se" and subject to abatement.