The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A public or private right-of-way shown on a plat which provides
secondary access to a lot, block or parcel of land.
A structure having one or more stories and a roof, designed
primarily for the shelter, support or enclosure of persons, animals
or property of any kind.
A line beyond which the foundation wall or any enclosed porch,
vestibule or other enclosed portion of a building shall not project.
A minor street with only one outlet and having an appropriate
terminal for the safe and convenient reversal of traffic movement.
The act of erecting structures and/or installing site improvements.
A grant by the owner of land for the use of all or a portion
of such property for a specific purpose.
Any or all of the following: grading, road, pavement, curbs
and gutters, sidewalks, water mains, sanitary sewer lines, storm sewer
lines and drainage structures, curb returns, sidewalk and driveway
entrances in right-of-way, guard rails, retaining walls, sodding and
planting.
Act No. 288 of the Public Acts of Michigan of 1967, as amended;
in 1996, this Act was retitled from "Subdivision Control Act of 1967"
to "Land Division Act" (see MCLA § 560.101 et seq.).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A measured portion of a parcel or tract of land which is
described and fixed in a recorded plat.
The average horizontal distance between the front lot line
and rear lot line.
The side of an interior or through lot which abuts a street;
in a corner lot, the side abutting either street may be considered
as the front lot lines, provided that the side selected as the front
has the required minimum lot frontage.
A person holding legal title to the land.
A public easement within a block, eight feet or more in width,
intended primarily for pedestrians, and from which motor-propelled
vehicles are excluded, and which is designed to improve access to
adjacent roads or lots.
Includes an individual, association, firm, partnership, corporation,
but does not include a governmental agency.
A map or chart of a subdivision of land.
A natural person, firm, association, partnership, corporation,
or a combination of any of these, which may hold any ownership interest
in land, whether recorded or not.
Open to public use, whether or not public ownership is involved.
A strip of land used or to be used as a road, crosswalk,
for a pipe line, drainage channel or other easement.
A way for vehicular traffic, whether designated as a street,
highway, alley, parkway, thruway, road, avenue, lane, place or however
otherwise designated.
Any portion which is less than the full width of the necessary
right-of-way or finished surfacing of a street running parallel to
its length.
The partitioning or dividing 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 a building development where the
act of division creates five or more parcels of land, each of which
is 10 acres or less in area, or five or more parcels of land, each
of which is 10 acres or less in area, are created by successive divisions
within a period of 10 years. The words "subdivide" or "subdivision"
do not include a property transfer between two or more adjacent parcels,
if the property taken from one parcel is added to an adjacent parcel;
and any resulting parcel shall not be considered a building site unless
the parcel conforms to the requirements of the Land Division Act or
the requirements of this chapter.
The registered professional engineer appointed by the Village
Council.
The purpose of this chapter is to establish procedures and standards
for the subdivision and development of land and the platting thereof
to promote the public safety, health and general welfare by encouraging
the orderly growth of the Village, and to provide for proper land
records.
In applying the provisions of this chapter, they shall be interpreted
to be the minimum requirements. It is not intended to repeal, annul,
or in any way set aside any ordinance or regulation or any plat or
deed restriction that imposes greater requirements. Where the standards
required by this chapter are higher than those imposed by any other
applicable law, such higher standards shall apply.
A.
No person shall subdivide or resubdivide land within the corporate
limits of the Village, nor commence construction of any building or
improvement of such land, prior to the final approval of the preliminary
plat by the Council and approval of final construction plans.
B.
Nothing in this chapter shall be deemed to prevent the Village from
instituting appropriate actions at law or equity to restrain, correct
or abate threatened or continued violations of this chapter.
Where the Village Council finds that extraordinary hardships
may result from strict compliance with this chapter, it may permit
a variance from this chapter so that substantial justice may be done
if the public health, safety or general welfare will not be impaired,
provided that such variation will not have the effect of nullifying
the intent and purpose of the Land Division Act, any officially adopted
municipal plan, this chapter or any other municipal ordinance.
Any person who shall hereafter convey any lot, piece or parcel of land, without first having recorded a plat, when required by the provisions of this chapter, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in § 1-6 for each lot, piece or parcel of land sold, given or transferred. It shall be the duty of the Village Attorney to prosecute all such violations.
