[Adopted 11-13-2000 by Ord. No. 31]
This article shall be known and cited as the "Three Oaks Township
Land Division Ordinance."
The purpose of this article is to carry out the provisions of
the State Land Division Act (1967 PA 288, as amended, formerly known
as the "Subdivision Control Act"[1]), to prevent the creation of parcels of property which
do not comply with applicable ordinance 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 municipality by establishing
reasonable standards for prior review and approval of land divisions
within the municipality.
[1]
Editor's Note: See MCLA § 560.101 et seq.
For the purpose of this article, certain terms and words used
herein shall have the following meanings:
A natural person, firm, association, partnership, corporation,
or combination of any of them that hold an ownership interest in land,
whether recorded or not.
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.[1]
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; provided
all resulting parcels are accessible for vehicular travel and utilities
from existing public roads through existing adequate roads or easements,
or through access owned by the owner of the parcel that can provide
such access.
Either 40 acres, a quarter-quarter section.
[Amended 12-10-2018 by Ord. No. 31A]
The legislative body of a Township, or Board of a Township.
[1]
Editor's Note: See MCLA §§ 560.108 and 560.109,
respectively.
[Amended 12-10-2018 by Ord. No. 31A]
Land in Three Oaks Township shall not be divided without the
prior review and approval from the Three Oaks Township Assessor, in
accordance with this article and the State Land Division Act;[1] provided that the following shall be exempted from this
requirement:
A.
An exempt split as defined in this article and the State Land Division
Act.
B.
An applicant shall submit a preliminary drawing or map to scale of
not less than that provided for on the application form (one inch
to 50 feet for 10 acres or less; one inch to 100 feet for parcels
of 10 acres to 40 acres) and including an accurate legal description
of each proposed division, showing the boundary lines dimension and
accessibility of each division from the existing or proposed public
roads for automobile traffic and public utilities for preliminary
review, approval and/or denial by the Chairman of the Three Oaks Township
Planning Commission for his or her stamped approval. The applicant
must then take the stamped-approved preliminary map to the Assessor
for the application process to be started.
[1]
Editor's Note: See MCLA § 560.101 et seq.
An applicant shall file all of the following with the Three
Oaks Township Assessor, at the Three Oaks Township hall on normal
business hours before making any division either by deed, land contract,
lease for more than one year, or for building development:
A.
Completed application on the official Three Oaks Township land division
application form and with such additional information as may be required
thereon.
B.
Proof of fee ownership of the land proposed to be divided.
C.
Survey map.
(1)
A survey map of the land proposed to be divided, prepared pursuant
to the survey map requirements of 1970 Public Act 132, as amended,
(MCLA § 54.211) by a land surveyor licensed by the State
of Michigan, and showing the dimensions and the legal descriptions
of the existing parcel and the parcel proposed to be created by the
division(s), the location of all existing structures and other land
improvements, and the accessibility of the parcel for vehicular traffic
and utilities from existing public roads.
(2)
In
lieu of such survey map, at the applicant's option, the applicant
may waive the forty-five-day statutory requirement for a decision
on the applicant until such survey map and legal description are filed
with the Three Oaks Township Assessor. The Assessor may waive the
survey map requirements under certain circumstances, such as, in the
case of farmland for farming purposes and not for development purposes,
this may be waived, whereas the foregoing tentative parcel map is
deemed to contain adequate information 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. An accurate legal description of all the proposed
divisions, however, shall at all times be required.
[Amended 12-10-2018 by Ord. No. 31A]
E.
The history and specifications of any previous divisions of land
of 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 State Land Division Act.
F.
Proof that all due and payable taxes or installments of special assessment
pertaining to the land proposed to be divided are all paid in full.
G.
If transfer of division rights are proposed in the land transfer,
detailed information about the terms and availability of the proposed
division rights transfer Form 1_4260A.
[Amended 12-10-2018 by Ord. No. 31A]
H.
Unless a division creates a parcel which is acknowledged and declared to be not buildable under § 205-8 of this article, all divisions shall result in buildable parcels containing sufficient buildable area outside of the 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 location (where public water and sewer is not available) and maximum allowed area coverage of building and structures on the site.
I.
The fee as may from time to time be established by resolution of
the Three Oaks Township Board for land division review pursuant to
this article to cover the cost of review of the application and administration
of this article and State Land Division Act.
[Amended 12-10-2018 by Ord. No. 31A]
A.
Upon receipt of a complete land division application package, the
Assessor of the Township shall approve with reasonable conditions
to assure compliance with applicable ordinances and the protection
of public health, safety and general welfare, or disapprove the land
division applied for within 45 days after the receipt of the application
package conforming to this article's requirements, and shall promptly
notify the applicant of the decisions and the reasons for any denial.
If the application package does not conform to this article's requirements
and the State Land Division Act,[1] the Assessor shall return the same to the applicant for
completion and refilling in accordance with this article and the State
Land Division Act.
[1]
Editor's Note: See MCLA § 560.101 et seq.
B.
Any person or entity aggrieved by the decision of the Three Oaks
Township Assessor within 30 days of said decision may appeal the decision
to the Three Oaks Township Zoning Board of Appeals, which shall consider
and resolve such appeal by a majority vote of said Board at its next
meeting or session affording such 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.
A proposed land division shall be approved if the following
criteria are met:
A.
All the parcels to be created by the proposed land division(s) fully comply with the applicable lot (parcel), yard and area requirements of Chapter 380, Zoning, including, but not limited to, minimum lot (parcel) frontage/width, minimum road frontage, minimum lot (parcel) area, minimum lot width to depth ratio, and minimum lot (parcel) coverage and minimum setbacks for existing building/structures.
C.
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 the applicable zoning ordinance, major thoroughfare plan, road ordinance or this article. In determining adequacy of accessibility, the ordinance standards applicable under Chapter 380, Zoning, and the Berrien County Road Commission Ordinance shall act as a minimum standard.
D.
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 § 205-8 of this article and parcels added to contiguous parcels that result in all involved parcels complying with said ratio.
(1)
The permissible depth of a parcel created by 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.
E.
Where accessibility is to be provided by a proposed new dedicated
public road, proof that Berrien 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.
Notwithstanding disqualification from approval pursuant to this article, a proposed land division which does not fully comply with applicable lot, yard, accessibility and area requirements of Chapter 380, Zoning, or this article may be approved in any of the following circumstances:
A.
Where the applicant executes and records an affidavit or deed restriction
with the Berrien County Register of Deeds, in a form acceptable to
Three Oaks Township, designating the parcel as a not buildable. Any
such parcel shall also be designated as not buildable in the Township
records, and shall not thereafter be the subject of a request to the
Three Oaks Township Zoning Board of Appeals for variance relief of
the applicable lot and/or area requirements and shall not be developed
with any building or aboveground structure exceeding four feet in
height.
B.
Where, in circumstances not covered by Subsection A above, the Zoning Board of Appeals has, previous to this article, granted a variance from the lot, yard, ratio, frontage and/or area requirements with which the parcel failed to comply.
C.
Where the proposed land division involves only minor adjustment of a common boundary line or involves a conveyance between adjoining properties which does not result in either parcel violating the article, Chapter 380, Zoning, or the State Land Division Act.[1]
[1]
Editor's Note: See MCLA § 560.101 et seq.
D.
Where, in circumstances presented to and approved after due process,
the Three Oaks Township Zoning Board of Appeals has granted a variance
from the lot, yard, ratio, frontage and/or area requirements with
which the parcel failed to comply, or where in circumstance presented
to and approved after due process, the Three Oaks Township Planning
Commission has granted a special use permit for the lot or parcel.
Any parcel created in noncompliance with this article 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 roll. In addition, violation of this article shall subject the violator to the penalties and enforcement actions set forth in § 205-10 of this article and as may otherwise be provided by law.
A.
Any person who violates any of the provisions of this article shall
be deemed guilty of a misdemeanor and shall be punished by a fine
of not more than $1,000 or by imprisonment in the county jail for
not to exceed 90 days or by both such fine and imprisonment.
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 injunctive or other relief.
The provisions of this article 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 article other than said part
or portion thereof.
