[Ord. No. 100-4, § II, 6-22-2000]
The purpose of this article is to carry out the provisions of
the Michigan land division act, Public Act No. 288 of 1967 (MCL 560.101
et seq.), 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 to
provide for the health, safety, and welfare of the residents and property
owners of the Village by establishing reasonable standards for prior
review and approval of land divisions within the Village.
[Ord. No. 100-4, § III, 6-22-2000]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Means a natural person, firm, association, partnership, corporation,
or combination of any of them that holds an ownership interest in
land whether recorded or not.
Means the partitioning or splitting of a parcel or tract
of land by the proprietor thereof or by his heirs, executors, administrators,
legal representatives, successors or assigns, for the purpose of sale
or lease or 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 Michigan
land division act (MCL 560.108, 560.109). A division does 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 an applicable ordinance.
Means the partitioning or splitting of a parcel or tract
of land by the proprietor thereof, or by his 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 traffic and utilities
from existing public roads through existing adequate roads or easements,
or through areas owned by the owner of the parcel that provide such
access. For a property transfer between two or more adjacent parcels,
if the property taken from one parcel is added to an adjacent parcel,
any resulting parcel shall not be considered a building site unless
the parcel conforms to the requirements of this article and/or other
applicable ordinances.
Means either 40 acres, a quarter-quarter section containing
not less than 30 acres, or a government lot, containing not less than
30 acres.
Means the parcel retained by property owner making the division.
The remainder parcel is also a resulting parcel.
Means any parcel or parcels created by a land division.
[Ord. No. 100-4, § IV, 6-22-2000]
(a)
Land in the Village shall not be divided without the
prior review and approval of the Village Manager, and/or other official
designated by the Village Council, in accordance with this article
and the state land division act; provided, that the following shall
be exempted from this requirement:
(1)
A parcel proposed for subdivision through a recorded plat pursuant to article III of this chapter and the Michigan land division act.
(2)
A lot in a recorded plat proposed to be divided in accordance with article III of this chapter and the Michigan land division act.
(3)
An exempt split as defined in this article.
[Ord. No. 100-4, § V, 6-22-2000]
(a)
A qualified applicant shall file all the following
requirements with the Village Manager or other official designated
by the Village Council for review and approval of a proposed land
division before making any division either by deed, land contract,
lease of more than one year offering for sale, offer of land purchase,
or by any other instrument:
(1)
A completed land division application on such form
as shall be provided by the Village, with all attachments as outlined
in the land division application, which shall include:
a.
Proof of ownership of the land proposed to be
divided in the application.
b.
Survey map.
1.
A survey map of the land proposed to be divided,
prepared pursuant to the survey map requirements of Public Act No.
132 of 1970 (MCL 54.211) by a land surveyor licensed by the state,
and showing the dimensions and legal descriptions of the existing
parcel and the parcels proposed to be created by the division, the
location of all existing structures and other land improvements, and
the accessibility of the parcels for vehicular traffic and utilities
from existing public or private roads.
2.
The Village Council or the designated agent to
which it has delegated authority, may waive the survey map requirement
where instead a 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 or automobile traffic and public utilities, is deemed adequate
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.
c.
An accurate legal description of the parent parcel/tract
and each proposed resulting parcel.
d.
Other information reasonably required by the Village
Manager or other official designated by the Village Council in order
to determine whether the proposed land division qualifies for approval.
(2)
Payment of fees shall be established by the Village
Council and set forth in the land division application. This fee must
be submitted with the application and is nonrefundable.
(3)
Proof that all standards of the Michigan land division
act, this article and all applicable zoning requirements have been
met.
(4)
Unless a division creates a parcel which is acknowledged and declared to be not buildable under Section 16-25, all divisions shall result in buildable parcels containing sufficient buildable area 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 municipal water and sewer service is not available), and maximum allowed area coverage of buildings and structures on site.
(5)
Proposed divisions shall not be considered filed with the Village, nor should the time period stated under Section 16-23(a) commence, until all the requirements for an application for land division approval have been complied with.
(6)
The history and specifications of any previous divisions
of land 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 Michigan land division act.
(7)
If transfer of division rights are proposed in the
land transfer, detailed information about the terms and availability
of the proposed division rights transfer.
[Ord. No. 100-4, § VI, 6-22-2000]
(a)
Review of application for land division approval.
(1)
Upon receipt of a completed land division application
package, the Village Manager, or other official designated by the
Village Council shall review all documents, attachments and other
information as provided/submitted by the applicant for accuracy, completeness
and compliance with provisions of the Michigan land division act,
this article and all other applicable ordinances of the Village.
(2)
The land division application shall be approved or
denied, in writing, by the Village Manager, or other official designated
by the Village Council within 45 days of receipt of the completed
application. If the application package does not conform to the requirements
of this article and the Michigan land division act, the manager or
other designee shall return the same to the applicant for completion/correction
and a subsequent resubmittal in accordance with this article and the
Michigan land division act. The Village shall retain a copy of the
application and all attachments before the original is returned to
the applicant. The applicant must resubmit the completed/corrected
land division application within 14 days (exclusive of holidays) or
the application shall be declared void and the fee thereof forfeited.
Any further submittal/resubmittal by the applicant or any other party
with ownership interest in the same parcel/tract, portion or combination
thereof, shall be considered a new land division application for the
purposes of this article and a new land division application form
and fee shall be submitted.
(b)
Any person or entity aggrieved by the decision of the
assessor or other official designated by the Village Council, may
within 30 days of said decision file a written appeal of the aforementioned
decision to the Village zoning board of appeals or such other board
designated by the Village Council which shall consider and resolve
such appeal by a majority vote of said board at its next meeting affording
sufficient time for a twenty-day written notice to the applicant of
the time and date of said meeting and/or appellant hearing. Such notice
shall be by regular first class mail to the address shown in the application.
(c)
A decision approving a land division is effective for
one year, after which it shall be considered revoked unless within
such period a document is recorded with the county register of deeds
office, and filed with the applicable local assessor, or other designated
official accomplishing the approved land division or transfer. Proof
of a proper and timely recording shall be submitted prior to the issuance
of any permit or application for any permit. In the event of a successful
appeal of a land division denial, then the one-year filing requirement
commences at such time as the appeal has been heard and the division
approved.
(d)
After final approval, no land division adjustments
may be made to any assessment or tax roll until the land division
instrument is recorded at the county register of deeds office. A copy
of such shall be provided to the assessor so that completion of any
land division adjustments may be made.
(e)
The Village Manager or other official designated by
the Village Council shall maintain an official record of all approved
and accomplished land divisions or transfers. The manager shall also
maintain a separate file of land divisions that have been denied.
(f)
Approval of a land division is not a determination
that the resulting parcel comply with other ordinances or regulations
of the Village, or other laws and regulations, or that all requirements
for the issuance of the building permit have been satisfied.
[Ord. No. 100-4, § VII, 6-22-2000]
(a)
A proposed land division shall be approved if all of
the following criteria are met:
(1)
All the parcels to be created by the proposed land
division fully apply with the applicable lot, yard and area requirements
of the applicable zoning ordinance, including, but not limited to,
minimum lot frontage/width, minimum road frontage, minimum lot width-to-depth
ratio, and sufficient building area to accommodate the maximum lot
coverage (building area combined with necessary required off-street
parking), minimum set-back and lot (parcel) area requirements for
any and all existing building/structure.
(2)
The proposed land division complies with all requirements
of the Michigan land division act and this article.
(3)
All parcels created and remaining have existing adequate
accessibility, or an area available therefor, to a public road for
public utilities or emergency and other vehicles not less than the
requirements of the applicable zoning provision, major thoroughfare
plan, road ordinance, or this article. 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)
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 nonbuildable parcels created under this section
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 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 as defined
in the applicable zoning ordinance or, in the absence thereof, as
specified in this article.
(5)
In the absence of applicable zoning provisions or
other ordinances providing a different standard, all parcels created
by a land divisions shall comply with the following minimum requirements:
(6)
In the absence of applicable zoning provisions or
other ordinances providing a different standard, 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
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 the
following:
1.
Where such private road or easement extends for
more than 660 feet from a dedicated public road, or is serving or
intended to serve more than one separate parcel, unit or ownership,
it shall be not less than 66 feet in right-of-way width, 24 feet in
improved roadbed width with at least three feet of improved shoulder
width on each side and adequate drainage ditches and necessary culverts
on both sides to accumulate and contain surface waters from the road
area. It shall further be improved with not less than six inches of
a processed and stabilized gravel base over six inches of granular
soil, have a grade of not more than 7%, and if dead-ended, shall have
a cul-de-sac with a radius of not less than 50 feet of improved roadbed
for the accommodation of emergency, commercial and other vehicles.
2.
Where the private road or easement is 660 feet
or less in length, and is serving or intended to serve not more than
four separate parcels, units or ownerships, it shall not be less than
40 feet in right-of-way width, 20 feet in improved road bed width
with at least two feet in improved shoulder width on each side, and
adequate drainage ditches on both sides with necessary culverts to
accommodate and contain surface waters from the road area. It shall
further be improved with processed and stabilized gravel and granular
soil, have a grade of not more than 7%, and a cul-de-sac where dead-ended
as specified in Subsection (6)b.1. of this section. If said private
road or easement is serving or intended to serve more than four separate
parcels, units or ownerships, the right-of-way and development standards
set forth in Subsection (6)b.1. of this section shall apply.
3.
If accessibility is by a private road or easement,
a document acceptable to the Village shall be recorded with the county
register of deeds and filed with the assessor or designee specifying
the method of private financing of all maintenance, improvements,
and snow removal, the appointment of these costs among those benefited,
and the right of the Village to assess such costs against those properties
benefited, plus a 25% administrative fee, and to perform such improvements
in the event of a failure of those benefited to privately perform
these duties for the health, safety, and general welfare of the area.
4.
Any intersection between private and public roads
shall contain a clear vision triangular area of not less than two
feet along each right-of-way line as measured from the intersecting
right-of-way lines.
5.
No private road or easement shall extend for more
than 1,000 feet from a public road.
6.
No private road shall serve more than 25 separate
parcels.
[Ord. No. 100-4, § VIII, 6-22-2000]
(a)
Notwithstanding disqualification from approval pursuant
to this article, a proposed land division that does not fully comply
with the applicable lot, yard, accessibility and area requirements
of the applicable zoning provision or this article may be approved
in any of the following circumstances:
(1)
Where the Zoning Board of Appeals has, previous to
the adoption of the ordinance from which this article is derived,
granted a variance for lot, yard, width-to-depth ratio, frontage and/or
area requirements with which the parcel fails to comply.
(2)
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 article, any applicable zoning provision, or the Michigan
land division act.
[Ord. No. 100-4, § IX, 6-22-2000]
Any parcel created in noncompliance with this article shall not be eligible for any building permits, Village permits and/or licenses, or zoning approvals, such as special land use approval or site plan approval, and shall not be recognized as a second parcel on the assessment roll. In addition, violation of this article subject the violator to the penalties and enforcement actions set forth in Section 16-27, and as may otherwise be provided by law or other applicable ordinances.
[Ord. No. 100-4, § X, 6-22-2000]
(a)
Any person who violates any provisions of this article
shall be deemed guilty of a misdemeanor.
(b)
Any person who violates any of the provisions of this
article shall also be subject to a civil action seeking invalidation
of the land division and appropriate injunction or other relief.
(c)
Notwithstanding Subsections (a) and (b) of this section, in the event an otherwise acceptable land division is done without Village approval, and the Village Manager becomes aware of same, a twenty-day notice letter shall be mailed to the owner of record. If the owner of record of the parcel so divided pays a late filing fee as established by policy of the Village and files a completed land division application with all the usual fees with the Village within 10 days of the receipt of the notice, and meets all other requirements of this article, the Michigan land division act and any and all other applicable ordinances are complied with, no other fee or penalty shall be assessed or charged.
