[Ord. No. 2006-03, 8-1-2006]
The following divisions of land are regulated by this article:
(1)
The division of lots, outlots and other land located within the boundaries
of a recorded plat which are proposed to be partitioned or divided
into not more than four parts for purpose of sale, lease or building
development.
(2)
The transfer of property between two or more adjacent lots, outlots,
or other land within the boundaries of a recorded plat.
[Ord. No. 2006-03, 8-1-2006]
Prior to making any division of platted land, either by deed,
land contract, or lease for more than one year or for building development,
a completed application and the fee authorized by the Township Board
shall be filed with the Department of Community Planning and Development.
The following information shall also be submitted:
(1)
Proof of fee ownership of the land proposed to be divided.
(2)
A survey map prepared by a land surveyor licensed in the State of
Michigan showing the dimensions and legal descriptions of the existing
parcel(s) and the parcel(s) proposed to be created by the division(s)
or combinations(s).
(3)
A copy of any grants, reservations, or deed restrictions which may
condition the use of the property.
(4)
Type, location and dimensions of all existing and proposed easements
and the purpose for which each easement has been created shall be
specified on the survey map.
(5)
If any portion of the land has been part of a previous application
for division of land, the applicant shall submit the date(s) of such
application(s) and action taken.
(6)
If determined necessary for the evaluation of the application, the
Director of Community Planning and Development shall require the following
information be submitted:
(a)
A topographic survey using United States Geological Survey (USGS)
datum at contour intervals of not more than two feet.
(b)
Site information including the location of natural features
such as woodlands, streams, public drains, ponds, wildlife corridors,
wetlands and other natural or man-made features of special interest
in development and use of the lots.
(c)
The surveyed location of all buildings and structures on the
lot with notes indicating if the buildings and structures are to be
retained, modified or removed.
(d)
Existing access points to a public street on parcels adjacent
to, across from, or within 150 feet of the subject lot.
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If determined by the Director of Community Planning and Development,
the application or the materials submitted with the application does
not conform to the requirements of this chapter or the Land Division
Act (MCL § 560.101 et seq., as amended), the application
shall be returned to the applicant for completion and re-filing.
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[Ord. No. 2006-03, 8-1-2006]
(1)
Decision by the director. After the filing of a complete application,
the Director of Community Planning and Development shall approve,
approve with reasonable conditions to assure compliance, or deny the
division within 45 days. The date of filing shall be considered the
date on which the application containing all of the required data
is received by the Township. The applicant may extend the time period
by written consent. The Director of Community Planning and Development
shall notify the applicant in writing of the decision, and if denied,
the reasons for the denial.
(2)
Appeal of the director's decision. An applicant aggrieved by the
decision of the Director of Community Planning and Development may
appeal the decision to the Township Board of the Charter Township
of Meridian, in accordance with the following procedures:
(a)
Notice of appeal. A notice of appeal is a written statement
specifying the grounds for appeal, the date of the decision, and supporting
materials related to the decision. A notice of appeal must be filed
with the Department of Community Planning and Development within 10
days of the date of the decision of the Director of Community Planning
and Development.
(b)
Hearing. When a notice of appeal has been filed in proper form
with the Department of Community Planning and Development, it shall
be placed on the Township Board's calendar for a hearing.
(c)
Notice of hearing. The Director of Community Planning and Development
shall notify the parties making the request of the date, time, place,
and purpose of the hearing. Notice shall be delivered personally or
by mail at least 10 days prior to the date of the scheduled hearing.
All notices shall be sent to the addresses listed on the most recent
assessment roll.
(d)
Decision. The Township Board shall by majority vote and within
a reasonable time, reverse or affirm, wholly or partly, or may modify
the decision of the Director of Community Planning and Development.
(e)
Conditions. The Township Board may require reasonable conditions
in its decision in order to further the intent and purposes of the
land division ordinance.
(f)
Notice of decision. The Director of Community Planning and Development
shall notify the parties making the request in writing of the Township
Board's decision.
(3)
Effective period. A decision approving a division is effective for
90 days, after which it shall be considered revoked unless within
such period a document is recorded with the Ingham County Register
of Deeds office and filed with the Director of Community Planning
and Development.
(4)
Record of divisions. The Director of Community Planning and Development
shall maintain an official record of all approved and accomplished
divisions.
(5)
Liability of Township for nonissuance of building permit. The Charter
Township of Meridian and its officers and employees are not liable
if a building permit is not issued for a resulting parcel because
the parcel is less than one acre in size and lacks either public water
and sewer or Health Department approval for an on-site water supply
and on-site sewage disposal.
(6)
Division approval not determination of compliance. The approval of
a division is not a determination that the resulting parcels comply
with other ordinances or regulations.
[Ord. No. 2006-03, 8-1-2006]
The following criteria shall be used as the basis upon which
applications for division of land are reviewed and approved:
(1)
Compliance with state law. An application for division of land shall
not be approved unless it is in compliance with the Land Division
Act (MCL § 560.101 et seq., as amended).
(2)
Lot area. The lot area for each lot resulting from the division shall
meet all of the following requirements, exclusive of any area occupied
by a public street right-of-way or an access easement:
(3)
Lot width. The lot width for each lot resulting from the division
shall comply with the minimum lot width of the Code of Ordinances
in effect at the time a land division is approved, except a land division
proposal may also be approved where a nonconforming lot created as
a result of the division is proposed to be combined with additional
land for the purposes of creating a lot which conform(s) with the
Code of Ordinance requirements.
(4)
Depth to width ratio. The depth to width ratio for each lot resulting
from the division which are 10 acres or less in size shall not have
a depth of more than three times the width. The variation(s) from
these proportions may be permitted where such action would reduce
existing nonconformance with these standards or preserve natural resources
or natural features.
(5)
Access. Each lot resulting from the division shall have access from
a public street approved by the Ingham County Road Commission or the
Michigan Department of Transportation.
(6)
Sight distance. Each lot resulting from the division with frontage
along a street shall have adequate sight distance, as required by
the Ingham County Road Commission or the Michigan Department of Transportation,
as applicable.
(7)
Lot shape. Lots should resemble rectangles but may be shaped to adapt
to natural features on the site, subject to review by the Director
of Community Planning and Development. Flag lots, irregular shaped
lots, and lots with unusual shapes proposed only for the purpose of
meeting lot area or width requirements shall not be permitted.
(8)
Compliance with zoning standards. An application for a division of
land shall not be approved unless the applicant demonstrates the resulting
lot can be built upon or used in compliance with the Code of Ordinances.
This requirement shall not apply to lots which are to be dedicated
in perpetuity as commons or where the development rights to the lot
have been permanently relinquished. To determine whether the criteria
have been met, issues which shall be taken into consideration include,
but are not limited to the following:
(a)
Unusual topography which may prevent the use of portions of
a lot.
(b)
Presence of easements or rights-of-way which restrict the use
of a lot.
(c)
Wetlands, surface water, or the intermediate regional floodplain,
which restrict or prevent construction on portions of a lot.
(d)
Soils which are incapable of supporting a building foundation.
(e)
The shape of a lot with respect to the minimum buildable area.
(f)
The amount of land available for parking, loading, and other
accessory operations for a nonresidential lot.
(g)
Compliance with the minimum requirements and setbacks in the
Code of Ordinances.
(9)
Consent of the title holder. No division of land shall be approved
without the written consent of the property owner.
(10)
Consideration of deed restrictions in the plat. The effect of
a deed restriction on a division of land shall be considered in the
review of the application. However, such deed restrictions shall not
be binding upon the Township.
(11)
Change in use of outlot, commons, or park. The change in use
of an outlot, commons, or park shall require re-platting.
(12)
Easements. Approval of a division of platted land shall not
create new easements for streets, public utilities, pedestrian/bicycle
pathways, sidewalks, or other required public facilities without first
obtaining a court order.
(13)
The division does not isolate a cemetery so that it cannot be
served by a driveway providing vehicular access to an existing road
or street or an existing easement providing vehicular access to an
existing road or street.
[Added by Ord. No. 2019-17, 11-19-2019]
(14)
One of the following items shall be met:
[Added by Ord. No. 2019-17, 11-19-2019]
(a)
A certificate from the Ingham County Treasurer verifying all
property taxes and special assessments due on the parcel or tract
subject to the proposed division for the five years preceding the
date of the land division application have been paid.
(b)
If the property taxes or special assessments have not been paid,
the unpaid property taxes or special assessments have been apportioned
as provided by the General Property Tax Act, specifically MCLA 211.53,
as amended. Any apportioned property taxes or special assessments
are a lien against the parcels or tracts as apportioned by the assessing
officer in the same manner as property taxes and special assessments
of the year of the original assessment.
