Platted lots may be partitioned or divided into not more than
four parts, provided that the resulting lots or parcels or combinations
or portions of two or more divided lots shall not be less in width
or size than the more restrictive of the Township Zoning Ordinance
(Chapter 44 of this publication) or the Michigan Subdivision Control
Act of 1967, and provided further that such resulting lots shall each
have direct access to a public roadway and also to public utilities
necessary or required to service such lot, and provided further that
all such resulting lots shall conform in all particulars to the requirements
of the Michigan Subdivision Control Act of 1967 and all Township ordinances
or subdivision control ordinances of the Township.
The purpose of this chapter is to carry out the provisions of
the State Land Division Act (1967 PA 288, as amended, 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 Township
by establishing reasonable standards for prior review and approval
of land divisions within the Township.
[Amended 6-10-1999 by Ord. No. 233]
(a) A proposed land division shall be approved if the following criteria
are met:
(1) 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 Township zoning ordinance (Chapter 44 of this publication),
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.
(2) The proposed land division(s) comply with all requirements of the
State Land Division Act and this chapter.
(3) 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 chapter. In determining adequacy of accessibility any ordinance
standards applicable to plats shall also apply a minimum standard
whenever a parcel or tract is proposed to be divided to create four
or more parcels.
(4) The ratio of depth to width of any parcel 10 acres or less created by the division shall not exceed a four to one ratio exclusive of access roads, easements, or non-buildable parcels created under §
34-8 and parcels added to contiguous parcels that result in all involved parcels complying with said ratio.
(5) All parcels created by a land division shall comply with the following
minimum standards:
a. Where accessibility is to be provided by a proposed new dedicated
public road, proof that the county road commission or Michigan Department
of Transportation has approved the proposed layout and construction
design of the road and of utility easements and drainage facilities
connected therewith.
b. Where accessibility by vehicle traffic and for utilities is permitted through other than a dedicated and accepted public road or easement, such accessibility shall comply with Zoning Ordinance Section
42-9.15 Private Roads.
[Amended 1-31-2022 by Ord. No. 278]
Any parcel created in noncompliance with this chapter 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 role. In addition, violation of this chapter shall subject the violator to the penalties and enforcement actions set forth in §
34-10, and as may otherwise be provided by law.
[Amended 2-13-2014 by Ord. No. 246]
Any person, firm, association, partnership, corporation or governmental
entity who violates any of the provisions of this chapter shall be
deemed to be responsible for a municipal civil infraction as defined
by Michigan Statute which shall be punishable by a civil fine determined
in accordance with the following schedule:
|
Minimum Fine
|
Maximum Fine
|
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1st Offense within 3-year period*
|
$75
|
$500
|
2nd Offense within 3-year period*
|
$150
|
$500
|
3rd Offense within 3-year period*
|
$300
|
$500
|
4th or More Offense within 3-year period*
|
$500
|
$500
|
*Determined on the basis of the date of commission of the offense(s).
|
Additionally, the violator shall pay costs which may include
all expenses, direct and indirect, to which the Township has been
put in connection with the municipal civil infraction. In no case,
however, shall costs of less than $9 or more than $500 be ordered.
In addition, the Township shall have the right to proceed in any court
of competent jurisdiction for the purpose of obtaining an injunction,
restraining order, or other appropriate remedy to compel compliance
with this article. Each day that a violation exists shall constitute
a separate offense. Any person responsible for a violation of this
chapter whether as an owner of the premises, lessee, licensee, agent,
contractor, servant, employee, or otherwise, shall be liable as a
principal.
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