[Adopted 12-10-2018 by Ord. No. 53]
This article shall be known as the "Three Oaks Township Platted
Lot Split Ordinance."
The purpose of this article is to promote the public safety,
health and general welfare by facilitating the proper review and orderly
layout and development of building sites created by splitting of lots
previously platted under the Michigan Land Division Act (formerly
"Subdivision Control Act"), Public Act 288 of 1967, as amended (MCLA
§ 560.101 et seq.), to create one or more additional platted
lots there from or to allow the split lot to be combined with existing
platted lots to create a larger parcel; pursuant to the Land Division
Act and the Township Ordinances Act, Public Act 246 of 1945, as amended
(MCLA § 41.181 et seq.).
For the purposes of this article, the following words shall
have the following meanings:
The person or entity holding an ownership interest in the
lot proposed to be split.
To divide or partition an existing platted lot or otherwise
modify the boundaries of such lot.
After a plat has been fully approved and recorded, the Three
Oaks Township Board may approve the partitioning or division of a
lot therein in the following circumstances:
A.
No intent to create a separate buildable lot. When the application
states that the sole purpose of the requested split is to add land
to adjoining existing lots or parcels and not to create a new separate
buildable lot, the Township Board may approve the application if the
requested division will not cause any remaining portion of the original
lot which is developed or intended for development to violate any
provision of this article or the provisions of such zoning ordinance
as may be in effect at the time of such application concerning minimum
lot frontage, lot width, minimum lot area, and minimum setbacks.
B.
Intent to create new buildable lot. In situations not within the scope of Subsection A above, the Township Board may approve one or more splits of a lot upon determining that the following criteria are satisfied:
(1)
All of the resulting lots comply with the applicable requirements
of this article, such zoning ordinance as may be in effect at the
time of said application with respect to minimum lot frontage, lot
width, lot area, and setbacks, and all other applicable ordinances
and the Land Division Act,[1] including the number, area and width limitations of Sections 186 and 263 of such Act; or that the resulting lots comply with the applicable requirements of a zoning variance granted as to a particular lot or group of lots by the Township Zoning Board of Appeals. If approval of such a platted lot split is based on a variance granted by the Three Oaks Township Zoning Board of Appeals, the Township shall indicate the date on which the variance was granted and the applicant shall attach a copy of the minutes to the application for platted lot split. Variance/Zoning Board of Appeals: No variance that may be granted by the Three Oaks Township Zoning Board of Appeals pursuant to Chapter 380, Zoning, in association with a proposed lot split, such as a setback or lot width variance, shall be interpreted as an approval of a platted lot split application. Such approval is reserved to the Three Oaks Township Assessor.
[1]
Editor's Note: See MCLA § 560.101 et seq.
(2)
Access to such lots complies with the zoning ordinance as may be
in effect at the time of such application and any other applicable
ordinance.
(3)
The resulting lots will each have access to public and/or private
utility services.
(4)
The proposed split and likely development that will result will not
cause an unreasonable alteration in the essential character of the
area or otherwise be detrimental to any adjoining property.
(5)
The proposed division will not for any other reason be contrary to
the public health, safety, or general welfare.
A request for platted lot split approval shall be initiated
by filing an application with the Township Assessor setting forth
the purpose of the proposed split. The application form shall be accompanied
by a survey showing the original lot and all lots proposed to result
from the requested split, including all dimensions thereof and the
legal descriptions therefor, and a survey or other scaled drawing
identifying property lines and existing buildings on all lots adjacent
to the lot to be split, including any lots and buildings on the opposite
side of the road.
A.
In the event the applicant is not the sole owner of the subject lot,
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.
The following actions are prohibited:
A.
The splitting of a lot in a recorded plat without prior approval
of the Township Assessor as required by this article.
B.
The commencing of construction on, or the application for a building
permit for such construction, on any portion of a lot in a plat that
was split without prior approval of the Township Assessor as required
by this article.
C.
The submission of any document for recording involving the splitting
of a lot in a recorded plat without prior approval of such splitting
by the Township Assessor as required by this article.
The fee for consideration of a lot division 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.
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, to 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 nor 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.
This article is intended to repeal any existing Township ordinance
regulating the division of lots in recorded plats which conflict with
this article. This article shall not be construed to repeal a provision
of any ordinance regulating the division of land outside of platted
subdivisions, or any other ordinance.
