[HISTORY: Adopted by the Board of Trustees of the Watervliet
Charter Township 1-19-1998 by Ord.
No. 51A (Ch. 17.100 of the Compilation of Ordinances).
Amendments noted where applicable.]
The purpose of this chapter is to carry out the provisions of
the State Land Division Act[1] (1967 P.A. 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.
[1]
Editor's Note: See MCLA § 560.101 et seq.
For purposes of this chapter, certain terms and words used herein
shall have the following meanings:
Either 40 acres, a quarter-quarter section containing not
less than 30 acres, or a government lot containing not less than 30
acres.
The partitioning or splitting 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 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 State
Land Division Act, being the Michigan Land Division Act.[1] "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 the State Land Division Act[2] or other requirements of other applicable local ordinances.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The partitioning or splitting of a parcel or tract of land
by the proprietor thereof or by his or her 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. 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 the State Land Division Act or other requirements
of other applicable local ordinances.
LAND
All land areas occupied by real property.
A continuous area or acreage of land which can be described
as provided for in this chapter.
A parcel or tract, respectively, lawfully in existence on
the effective date of the amendatory act that added this subdivision,
meaning March 31, 1997.
A map or chart of a subdivision of land.
A map showing the salient features of a proposed subdivision
submitted to an approving authority for purposes of preliminary consideration.
Two or more parcels that share a common property line and
are under the same ownership.
Land in the Township shall not be divided without the prior
review and approval of the Township Assessor, or other official designated
by the governing body in accordance with this chapter and State Land
Division Act[1], provided that the following shall be exempt from this
requirement:
A.
A parcel proposed for subdivision through a recorded plat pursuant
to the State Land Division Act.
B.
A lot in a recorded plat proposed to be divided in accordance with
the State Land Division Act.
C.
An exempt split, as defined in this chapter, or other partitioning
or splitting that results in parcels of 20 acres or more, if each
is not accessible and the parcel was in existence on March 31, 1997,
or resulted from exempt splitting under the State Land Division Act.
[1]
Editor's Note: See MCLA § 560.101 et seq.
An applicant shall file all of the following with the Township
Assessor or other official designated by the governing body for review
and approval of a proposed land division before making any division
either by deed, land contract, lease for more than one year, or for
building development:
A.
A completed application form on such form as may be approved by the
Township Board.
B.
Proof of fee ownership of the land proposed to be divided.
C.
A tentative parcel map drawn to scale, including an accurate legal
description of each proposed division, and showing the boundary line,
approximate dimensions, and the accessibility of each division for
automobile traffic and public utilities.
E.
If a transfer of division rights is proposed in the land transfer,
detailed information about the terms and availability of the proposed
division rights transfer.
F.
A fee established by resolution of the Township Board to cover the
costs of review of the application and administration of this chapter
and the State Land Division Act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
The Township shall approve or disapprove the land division applied
for within 45 days after receipt of a complete application and fee
conforming to this chapter's requirements and the State Land Division
Act,[1] and shall promptly notify the applicant of the decision,
and if denied, the reasons for denial.
[1]
Editor's Note: See MCLA § 560.101 et seq.
B.
Any person or entity aggrieved by the decision of the Assessor or
designee may, within 30 days of said decision, appeal the decision
to the governing body of the Township or such other body or person
designated by the governing body, which shall consider and resolve
such appeal by a majority vote of said Board or by the appellate designee
at its next regular meeting or session, affording sufficient time
for a twenty-day written notice to the applicant (and appellant where
other than the applicant) of the time and date of said meeting and
appellate hearing.
C.
The Assessor or designee shall maintain an official record of all
approved and accomplished land divisions or transfers.
D.
Approval of a division is not a determination that the resulting
parcels comply with other ordinances or regulations.
E.
The Township and its officers and employees shall not be liable for
approving a land division if building permits for construction on
the parcels are subsequently denied because of inadequate water supply,
sewage disposal facilities, inappropriate zoning or otherwise, and
any notice of approval shall include a statement to this effect.
A proposed land division reviewable by the Township shall be
approved if the following criteria are met:
A.
All parcels created by the proposed division(s) have a minimum width and square footage of that stated in the Watervliet Township Schedule of District Regulations: Yard, Height and Lot Size Requirements for Principal and Accessory Uses (see Chapter 450, Zoning, Attachment 1) for the district in which such division will occur.
B.
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 nondevelopment sites. The 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. A greater depth
to width ratio may be allowed than otherwise required in this chapter,
provided:
(1)
The greater depth does not exceed 25% of depth than would normally
be allowed.
(2)
The increase will preserve or facilitate the orderly and sensible
planning and layout of a development.
(3)
The greater depth to width ratio will allow access on an established
state or county road as well as access to a waterway or watercourse.
D.
All parcels created and remaining have existing adequate accessibility,
or an area available therefor, for public utilities and emergency
and other vehicles.
A.
Any division of land in violation of any provision of this chapter
shall not be recognized as a land division on the Watervliet Township
tax roll and no construction thereon which requires the prior issuance
of a construction or building permit shall be allowed. The Township
shall further have the authority to initiate injunctive or other relief
to prevent any violation or continuance of any violation of this chapter.
B.
An unlawful division or split shall also be voidable at the option
of the purchaser and shall subject the seller to the forfeiture of
all consideration received or pledged therefor, together with any
damages sustained by the purchaser, recoverable in an action at law.
The provisions of this chapter are hereby declared to be severable
and if any clause, sentence, word, section or provision is declared
void or unenforceable for any reason by any court of competent jurisdiction,
it shall not affect any portion of this chapter other than said part
or portion thereof.
All previous Land Division Ordinances affecting unplatted land
divisions in conflict with this chapter are hereby repealed; however,
this chapter shall not be construed to repeal any provision in any
applicable zoning ordinance, building codes or other ordinances of
the Township which shall remain in full force and effect notwithstanding
any land division approval hereunder.
