[Adopted by Ord. No. 2001-06]
A.
This Part 2 shall be known and may be cited as the "Cannon Township
Land Division Ordinance."
B.
The purpose of this Part 2 is to carry out the provisions of the
Land Division Act, Michigan Public Act 288 of 1967, as amended (the
"Act")[1] in order to prevent the creation of parcels of land which
do not comply with the Act or with applicable Township ordinances,
to provide for the orderly development of land and otherwise to provide
for the health, safety and welfare of the residents and property owners
of the Township by establishing minimum requirements for review and
approval of certain land divisions within the Township.
[1]
Editor's Note: See MCL 560.101 et seq.
C.
This Part 2 shall not be construed to repeal, abrogate, rescind,
or otherwise to impair or interfere with provisions of other ordinances
of the Township.
Certain words and phrases used in this Part 2 shall have the meanings stated in this section. Other words and phrases, if defined by the Act, shall have the meanings stated in the Act.
The Township Zoning Administrator.
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 (as
defined in the Act), and that satisfies the requirements of Sections
108 and 109 of the Act.[1] Division does not include a property transfer between
two or more adjacent parcels, if the land taken from one parcel is
added to an adjacent parcel.
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.
A contiguous area of land which can be described as stated
in Section 102(g) of the Act.[2]
A parcel or tract, respectively, lawfully in existence on
March 31, 1997.
A private road which complies with the requirements of the
Township Zoning Ordinance or the Township private road ordinance,
whichever is applicable.[3]
One or more parcels which result from a land division.
The governmental authority having jurisdiction of a public
road or public street.
Two or more parcels that share a common property line and
are under the same ownership.
Any division of land, including any partitioning or splitting of land, within the Township which requires the approval of the Township in order to qualify as a land division under the Act shall satisfy the requirements of §§ 275-40, 275-41 and 275-43 and the other applicable provisions of this Part 2.
A.
A proposed land division shall be filed with the Zoning Administrator
and shall include the following:
(1)
A completed application on such written form as the Township may
provide, including any exhibits described therein.
(2)
Proof of an ownership interest in the land which is the subject of
the proposed division or written consent to the application, signed
by the owner of such land.
(3)
A land title search, abstract of title, or other evidence of land
title acceptable to the Administrator which is sufficient to establish
that the parent parcel or parent tract of the land which is the subject
of the proposed division was lawfully in existence on March 31, 1997.
(5)
A tentative parcel map showing the parent parcel or parent tract
which is the subject of the application and the area, parcel lines,
public utility easements, and the manner of proposed access for each
resulting parcel. The tentative parcel map, including the resulting
parcels, shall be accurately and clearly drawn to scale. A tentative
parcel map shall include:
(a)
Date, North arrow, scale, and the name of the person or firm
responsible for the preparation of the tentative parcel map;
(b)
Proposed boundary lines and the dimensions of each parcel;
(c)
An adequate and accurate legal description of each resulting
parcel;
(d)
A drawing or written description of all previous land divisions
from the same parent parcel or parent tract, identifying the number,
area and date of such divisions;
(e)
The location, dimensions and nature of proposed ingress to and
egress from any existing public or private streets;
(f)
The location of any public or private street, driveway or utility
easement to be located within any resulting parcel. Copies of the
instruments describing and granting such easements shall be submitted
with the application; and
(g)
If a resulting parcel is a development site (as defined in the
Act), the location of all public utility easements serving the parcel.
(6)
Other information reasonably required by the Administrator in order
to determine whether the proposed land division qualifies for approval.
(7)
Payment of the application fee and other applicable fees and charges
to cover the costs of review of the application and administration
of this Part 2 and the Act established by resolution of the Township
Board.
B.
A proposed division shall not be considered filed with the Township, nor shall the time period stated in § 275-41B commence, until all of the requirements for an application for land division approval have been complied with.
C.
The Zoning Administrator may waive strict compliance with the above
requirements if determined not to be necessary to demonstrate compliance
with the land division standards.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
A proposed land division shall be approved by the Administrator upon
satisfaction of all of the following requirements:
(2)
All resulting parcels to be created by the proposed land division(s) shall fully comply with the applicable lot area and lot width requirements of Chapter 450, Zoning, for the zoning district(s) in which the resulting parcels are located.
(3)
Each resulting parcel shall have the depth-to-width ratio specified by Chapter 450, Zoning, for the zoning district(s) in which the resulting parcel is located. If Chapter 450, Zoning, does not specify a depth-to-width ratio, each resulting parcel which is 10 acres or less in area shall have a depth which is not more than four times the width of the parcel. The width and depth of the resulting parcel shall be measured in the same manner provided by Chapter 450, Zoning, for the measuring of the minimum width and maximum depth of parcels.
(4)
Each resulting parcel shall have a means of vehicular access to an
existing street from an existing or proposed driveway or access easement.
Such means of access shall comply with all applicable location standards
of the governmental authority having jurisdiction of the existing
street, including all Cannon Township zoning ordinances, private street
requirements and other access requirements.
[Amended 11-27-2006 by Ord. No. 2006-9]
(6)
Each resulting parcel that is a development site (as defined in the
Act) shall have adequate easements for public utilities from the resulting
parcel to existing public utility facilities.
B.
The Administrator shall approve or disapprove a proposed land division
within 45 days after the complete filing of the proposed division
with the Administrator and shall provide the person who filed the
application written notice whether the application is approved or
disapproved and, if disapproved, all the reasons for the disapproval.
C.
Any notice of approval of a division resulting in a parcel less than
one acre in size shall contain a statement that the Township, its
officers and employees are not liable if a building permit is not
issued for the parcel for the reasons set forth in Section 109(a)
of the Act,[2] including requirements regarding suitability of on-site
water supply and on-site sewage disposal, as described in Section
105(g) of the Act.[3]
D.
An applicant aggrieved by the decision of the Administrator may,
within 30 days of the decision, file a written appeal of the decision
to the Township Board, which shall consider and decide the appeal
by a majority vote of the members present and voting at a public meeting.
At least 10 days' written notice of the date, time and place of the
meeting at which the appeal is to be considered shall be given to
the applicant by regular, first-class mail, directed to the applicant's
address as shown in the application or in the written appeal. The
Township Board may affirm or reverse the decision of the Administrator,
in whole or in part, and its decision shall be final.
E.
The Administrator shall maintain a record of all land divisions approved
by the Township.
A.
An exempt split is not subject to approval by the Township if all resulting parcels are accessible (as defined in the Act) or if either § 275-42C(1) or (2) of this Part 2 applies.
B.
The Township shall not permit the creation of an exempt split if one or more of the resulting parcels are not accessible unless either § 275-42C(1) or (2) of this Part 2 applies to all such inaccessible parcels.
C.
An exempt split or other partitioning or splitting of a parcel or
tract that only results in parcels of 20 acres or more in size is
not subject to approval by the Township if the parcel or tract is
not accessible and either of the following applies:
A.
Recording with county required.
(1)
A decision approving a land division shall be effective for not more
than 90 days after such approval by the Administrator or, if appealed,
by the Township Board, unless either of the following requirements
is satisfied within such ninety-day period:
(a)
A deed or other recordable instrument of conveyance, accurately
describing the resulting parcel(s), shall be recorded with the County
Register of Deeds and a true copy thereof, showing proof of such recording,
shall be filed with the Administrator; or
(b)
A survey accurately showing the resulting parcel(s) shall be
recorded with the County Register of Deeds and a true copy thereof,
showing proof of such recording, shall be filed with the Administrator.
Such survey shall comply with the minimum requirements of Public Act
132 of 1970, as amended.[1]
[1]
Editor's Note: See MCL 54.211 et seq.
(2)
If neither Subsection A(1)(a) nor (b) is satisfied, such land division approval shall, without further action on the part of the Township, be deemed revoked and of no further effect after the 90th day following such approval by the Administrator or, if appealed, by the Township Board.
(3)
Notwithstanding the above, approval of a land division shall not grant the status of a lawful nonconforming lot of record to any land division so approved, unless and until the parcel has been placed into separate ownership from the contiguous parcels, and as provided by Chapter 450, Zoning.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
B.
All deeds and other recordable instruments of conveyance and all surveys submitted in compliance with § 275-43A shall be reviewed by the Administrator in order to determine their conformity with the approved tentative parcel map. The Administrator shall mark the date of approval of the proposed land division on all deeds, other recordable instruments of conveyance and surveys which are in conformity with the approved tentative parcel map and which otherwise comply with the requirements of this Part 2. Such documents shall be maintained by the Administrator in the Township record of the approved land division.
C.
The approval of a land division is not a determination that the resulting
parcels comply with other ordinances or regulations.
D.
Any parcel created inconsistent with or in violation of this Part
2, where approval hereunder is required, shall not be eligible for
issuance of building permits, zoning ordinance approvals or other
land use or building approvals under other Township ordinances, nor
shall any such parcel be established as a separate parcel on the tax
assessment roll.[2]
