[Adopted 12-10-2018 by Ord. No. 52]
This article shall be known as the "Three Oaks Township Boundary
Line Adjustment Ordinance."
A.
The purpose of this article is to promote the public safety, health
and general welfare and the orderly processing of boundary line adjustments
as identified in the Michigan Land Division Act (formerly Subdivision
Control Act), Public Act 288 of 1967, as amended (MCLA § 560.101
et seq.), created by the transfer of land between two or more adjacent
parcels, when the property taken from one parcel is added to an adjacent
parcel.
B.
The Michigan Land Division Act allows a municipality to adopt an
ordinance to carry out its provisions. The Township Board finds it
necessary and appropriate to create an ordinance that will require
submittal of boundary line adjustments to the Township's Assessing
Officer and to provide a methodology for review and approval thereof
so that the Assessing Officer is notified of the boundary line adjustment
and can reflect the adjustment in the Township's assessing records.
For the purposes of this article, the following words shall
have the following meanings:
The person or entity holding an ownership interest in the
land proposed to be transferred.
A property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel. Platted lots are not subject to this article. Platted lots subject to potential division shall be processed in accordance with Article IV, Platted Lot Splits.
The person or entity that shall own the property subject
to boundary line adjustment after the boundary line adjustment is
made.
A.
The applicant shall initiate property line transfer application by
filing an application for boundary line adjustment with the Township's
Land Division Official, setting forth the parameters of the proposed
boundary line adjustment, together with a survey and map showing the
original parcel, that portion of the property subject to the boundary
line adjustment and the measurements thereof. The property subject
to transfer shall be legally described, either separately or as part
of the recipient parcel. In the event the applicant is not the sole
owner of the land proposed to be transferred, the application shall
not be approved until all owners have concurred with the filing of
said application by signing said application or otherwise giving evidence
of their approval.
B.
The Land Division Official shall review the application and shall
act on the application within 45 days of receipt of a complete application.
The Land Division Official shall record his or her approval on the
application, which shall authorize the applicant to record a deed
establishing the boundary line adjustment. A copy of the recorded
deed shall be transmitted to the Assessing Officer, who shall adjust
the Township's assessing records to provide for such property line
adjustment. The Land Division Official shall not recognize any property
line adjustment that has not been approved under this article.
C.
The receipt of an approved boundary line transfer does not confer
upon the applicant or recipient of such property transferred approval
for construction, new construction, addition, zoning or building code
approval. Any such application for construction, new construction,
addition, zoning or building code approval shall be made in accordance
with the Township's ordinances for each as enumerated in this Code.
A.
No property subject to a property line adjustment may be deeded or
transferred without first complying with the application and approval
provisions of this article shall be deemed to be a violation of this
article.
B.
Any resulting parcel (after boundary line transfer) shall not be considered a building site unless the parcel conforms to the requirements of this act or the requirements of an applicable local ordinance and Chapter 380, Zoning.
C.
The commencing of construction or the application for a building
permit for such construction, on any portion of property subject to
boundary line adjustment under this article without having received
zoning and/or building code approval from the Township of Three Oaks
shall be a violation of this article.
D.
The submission of any document for recording involving a boundary
line adjustment without prior approval of such boundary line adjustment
in accordance with this article shall be deemed to be a violation
of this article.
The fee for consideration of a property line transfer application
pursuant to this article shall be established by motion by the Township
Board and may from time to time be revised by the Township Board as
deemed necessary and shall approximate the costs to the Township for
the Land Division Officer's review and approval.
A.
Violations as municipal civil infractions:
(1)
Violations of the provisions of this article or failure to comply
with any of its requirements, including violations of conditions and
safeguards established in connection with an approved application,
shall constitute a municipal civil infraction. Any person, firm, association,
partnership, corporation, or governmental entity that violates any
of the provisions of this article shall be deemed to be responsible
for a municipal civil infraction, as defined by Michigan statute,
which shall be punishable by civil fine determined in accordance with
the following schedule:
|
Minimum Fine
|
Maximum Fine
| |
|---|---|---|
|
1st offense within 3-year period*
|
$75
|
$500
|
|
2nd offense within 3-year period*
|
$150
|
$500
|
|
3rd offense within 3-year period*
|
$325
|
$500
|
|
4th or more offense within 3-year period*
|
$500
|
$500
|
|
*
|
Determined on the basis of the date of commission of the offense(s).
|
(2)
Additionally, the violator shall pay costs, which may include all
expenses, direct and indirect, which the Township of Three Oaks has
incurred in connection with the municipal civil infraction. In no
case, however, shall costs of less than $9 and no more than $500 be
ordered. In addition, the Township of Three Oaks 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
of this article exists shall constitute a separate violation of this
article.
B.
Remedies. The Township Board may institute injunction, mandamus,
abatement or other appropriate proceedings to prevent, enjoin, abate
or remove any violations of this article. The rights and remedies
provided herein are both civil and criminal in nature. The imposition
of any fine, or jail sentence or both shall not exempt the violator
from compliance with the provisions of this article. A violator of
this article shall also be subject to such additional sanctions and
judicial orders as are authorized under Michigan law. Each day that
a violation of this article continues to exist shall constitute a
separate violation of this article. The Township Attorney may initiate
prosecution proceedings. If the threat to public health and or safety
necessitates immediate action, this procedure may be circumscribed
and the Township Board may initiate injunctive action in Circuit Court
or any such other remedy provided by law.
Should any section, clause or provision of this article be declared
unconstitutional, illegal or of no force and effect by a court of
competent jurisdiction, then and in that event such portion thereof
shall not be deemed to affect the validity of any other part or portion
of this article.
