[HISTORY: Adopted by the Township Board of the Township of Denton 3-3-1969
by Ord. No. 24; amended 5-5-1982; 7-2-1997
by Ord. No. 60. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 310.
This chapter shall be known and cited as the "Denton Township Land Division
Ordinance."
The purpose of this chapter 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 ordinances 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 Township.
[1]
Editor's Note: See MCLA § 560.101 et seq.
For purposes of this chapter, 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 holds 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] "Divide" and "division" does not include a property transfer between
two or more adjacent parcels, if the property taken from one parcel is added
to an adjacent parcel; and any resulting parcel shall not be considered a
building site unless the parcel conforms to the requirements of the State
Land Division Act, this chapter, and other applicable ordinances.
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 areas owned by the
owner of the parcel that can provide such access.
Either 40 acres, a quarter-quarter section containing not less than
30 acres, or a government lot containing not less than 30 acres.
The Denton Township Board.
[1]
Editor's Note: See MCLA §§ 560.108 and 560.109.
Land in the Township shall not be divided without the prior review and
approval of the Township Assessor, or the other official designated by the
governing body, in accordance with this chapter and the State Land Division
Act; provided that the following shall be exempted from this requirement:
An applicant shall file all of the following with the Township Assessor
or other official designated by the governing body for review and approval
of a proposed land division before making any division either by deed, land
contract, lease for more than one year, or for building development:
A.
A completed application form on such form as may be approved
by the Township Board.
B.
Proof of fee ownership of the land proposed to be divided.
C.
A tentative parcel map drawn to scale (not to exceed
one inch equals 60 feet), including an accurate legal description of each
proposed division, and showing the boundary lines, approximate dimensions,
and the accessibility of each division from existing or proposed public roads
for automobile traffic and public utilities.
D.
Proof that all standards of the State Land Division Act
and this chapter have been met.
F.
If a transfer of division rights is proposed in the land
transfer, detailed information about the terms and availability of the proposed
division rights transfer.
G.
Unless a division creates a parcel which is acknowledged
and declared to be "not a development site," all divisions shall result in
"buildable" parcels with sufficient area to comply with all required setback
provisions, minimum floor areas, off-street parking spaces, approved on-site
sewage disposal and water well locations (where public water and sewer service
is not available), access to existing public utilities and public roads, and
maximum allowed area coverage of buildings and structures on the site. Declared
agricultural land and land for forestry use shall not be subject to the foregoing
as development sites as provided in the State Land Division Act at Section
102.[2]
[2]
Editor's Note: See MCLA § 560.102.
H.
The fee as may from time to time be established by resolution
of the governing body of the Township for land division reviews pursuant to
this chapter to cover the cost of review of the application and administration
of this chapter and the State Land Division Act.
A.
The Assessor or other designee shall approve, approve
with reasonable conditions to assure compliance with the applicable ordinance
and the protection of public health, safety and general welfare, or disapprove
the land division applied for within 30 days after receipt of the application
package conforming to this chapter's requirements, and shall promptly notify
the applicant of the decision and the reasons for any denial. If the application
package does not conform to this chapter's requirements and the State Land
Division Act, the Assessor or other designee shall return the same to the
applicant for completion and refiling in accordance with this chapter and
the State Land Division Act.
B.
Any person or entity aggrieved by the decision of the
Assessor or designee may, within 30 days of said decision, appeal the decision
to the governing body of the Township or such other body or person designated
by the governing body which shall consider and resolve such appeal by a majority
vote of said Board or by the designee at its next regular meeting or session
affording sufficient 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.
C.
The Assessor or designee shall maintain an official record
of all approved and accomplished land divisions or transfers.
A proposed land division shall be approved if the following criteria
are met:
A.
All parcels to be created by the proposed land division(s)
fully comply with the applicable lot (parcel), yard and area requirements
of pertinent ordinances, including, but not limited to, minimum lot (parcel)
frontage/width, minimum road frontage, minimum lot (parcel) area, and maximum
lot (parcel) coverage and minimum setbacks for existing buildings/structures
or have received a variance from such requirement(s) from the appropriate
Zoning Board of Appeals.
B.
The proposed land division(s) comply with all requirements
of the State Land Division Act and this chapter.
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
of all applicable ordinances.
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 nondevelopment sites. The depth of a parcel created by a 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. The width of a parcel shall
be measured at the abutting road or right-of-way line, or as otherwise provided
in any applicable ordinances.
Any parcel created in noncompliance with this chapter shall not be eligible for any building permits, or zoning approvals, such as conditional 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 chapter shall subject the violator to the penalties and enforcement actions set forth in § 200-9 of this chapter, and as may otherwise be provided by law.
A.
B.
Any person who violates any of the provisions of this
chapter shall also be subject to civil action seeking invalidation of the
land division and appropriate injunctive or other relief.
