[Adopted 6-16-1997 by Ord. No. 84]
This article shall be known and cited as the "Charter Township of Blackman
Land Division Ordinance."
The purpose of this article 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
Township by establishing reasonable standards for prior review and approval
of land divisions within the Township.
[1]
Editor's Note: See now the Land Division Act, MCLA § 560.101
et seq.
For purposes of this article, 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.
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 Township Board for the Charter Township of Blackman.
Land in the Charter Township of Blackman shall not be divided without
prior review and approval of the Township Assessor, or other official designated
by the Township Board, in accordance with this article and the State Land
Division Act; provided that the following shall be exempted from this requirement:
A.
A parcel proposed for subdivision through a recorded
plat pursuant to the Township's Subdivision Control Ordinance and the State
Land Division Act.
B.
A lot in a recorded plat proposed to be divided in accordance
with the Township's Subdivision Control Ordinance and the State Land Division
Act.
C.
An exempt split as defined in this article.
An applicant shall file all of the following with the Township Assessor
or other official designated by the Township Board 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 provided
by the Township.
B.
Proof of fee ownership of the land proposed to be divided.
C.
A parcel map of the land proposed to be divided, prepared
pursuant to survey map requirements of 1970 Public Act 132, as amended, (MCLA
§ 54.211) by a land surveyor licensed by the State of Michigan,
and showing the dimensions and legal descriptions of the existing parcel and
the parcels proposed to be created by the division(s), the location of all
existing structures and other land improvements, and the accessibility of
the parcels for vehicular traffic and utilities from existing public roads.
(1)
In lieu of such parcel map, at the applicant's option, the applicant may waive the thirty-day statutory requirement for a decision on the application until a survey map and legal description are filed with the municipality, and submit a tentative preliminary parcel map drawn to scale of not less than that provided for on the application form, including an accurate legal description of each proposed division, and showing the boundary lines, dimensions, and the accessibility of each division from existing or proposed public roads for automobile traffic and public utilities, for preliminary review, approval, and/or denial by the locally designated official prior to a final application under § 71-5.
(2)
The Township Board, or its designated agent delegated
such authority by the Township Board, may waive the survey map requirement
where the foregoing tentative parcel map is deemed to contain adequate information
to approve a proposed land division considering the size, simple nature of
the divisions, and the undeveloped character of the territory within which
the proposed divisions are located. An accurate legal description of all the
proposed divisions, however, shall at all times be required.
E.
The history and specifications of any previous divisions
of land of which the proposed division was a part sufficient to establish
the parcel to be divided was lawfully in existence as of March 31, 1997, the
effective date of the State Land Division Act.
F.
If transfer of division rights are 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 buildable" under Section 8 of this article,[2] all divisions shall result in buildable parcels containing sufficient
buildable area outside of unbuildable wetlands, floodplains and other areas
where buildings are prohibited therefrom, and with sufficient area to comply
with all required setback provisions, minimum floor areas, off-street parking
spaces, on-site sewage disposal and water well locations (where public water
and sewer service is not available), and maximum allowed area coverage of
buildings and structures on the site.
[2]
Editor's Note: Original Section 8 of Ord. No. 84, Allowance for approval
of other land divisions, was repealed 6-15-1998.
H.
The fee as may from time to time be established by resolution
of the Township Board for land division reviews pursuant to this article to
cover the costs of review of the application and administration of this article
and the State Land Division Act.
A.
Upon receipt of a land division application package,
the Township Assessor or other official designated by the Township Board shall
forthwith submit the same to the Township Assessor or other designated official
for decision. The Township Assessor or other designee shall approve, approve
with reasonable conditions to assure compliance with applicable ordinances
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 article's requirements, and shall promptly notify
the applicant of the decisions and the reasons for any denial. If the application
package does not conform to this article 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 article 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 Township Board or such other Board or person designated by the Township
Board 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 Township 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 the parcels to be created by the proposed land division(s)
fully comply with the applicable lot (parcel), yard and area requirements
of the applicable zoning ordinance, including, but not limited to, minimum
lot (parcel) frontage/width, minimum road frontage, minimum lot (parcel) area,
minimum lot width to depth ratio, and maximum lot (parcel) coverage and minimum
setbacks for existing buildings/structures.
C.
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 nonbuildable parcels created under Section 8 of this article[2] and parcels added to contiguous parcels that result in all involved
parcels complying with said ratio. The parent parcel is not subject to the
requirements of this section.
(1)
The permissible 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.
[2]
Editor's Note: Original Section 8 of Ord. No. 84, Allowance for approval
of other land divisions, was repealed 6-15-1998.
D.
In the absence of applicable zoning or other ordinance
providing a different standard, all parcels created by a land division shall
comply with the following minimum standards:
E.
In the absence of applicable zoning or other ordinances
providing a different standard, all parcels created by a land division shall
comply with the following minimum standards:
(1)
Where accessibility is to be provided by a proposed new
dedicated public road, proof that the County Road Commission of Michigan Department
of Transportation has approved the proposed layout and construction design
of the road and of utility easements and drainage facilities connected therewith.
(2)
Where accessibility by vehicle traffic and for utilities
is permitted through other than a dedicated and accepted public road or easement,
such accessibility shall comply with the provisions of the Township Zoning
Ordinance.
(a)
Any intersection between private and public roads shall
contain a clear vision triangular area of not less than two feet along each
right-of-way line as measured from the intersecting right-of-way lines.
Any parcel created in noncompliance with this article shall not be eligible for any building permits, or zoning approvals, such as special 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 article shall subject the violator to the penalties and enforcement actions set forth in § 71-9 of this article, and as may otherwise be provided by law.
A.
Any person who violates any of the provisions of this
article shall be deemed guilty of a misdemeanor and shall be punished by a
fine of not more than $500 or by imprisonment in the county jail for not to
exceed 90 days, or by both such fine and imprisonment.
B.
Any person who violates any of the provisions of this
article shall also be subject to a civil action seeking invalidation of the
land division and appropriate injunctive or other relief.
All ordinances or parts of ordinances in conflict with this article
are hereby repealed, except that this article shall not be construed to repeal
any provision in the Charter Township of Blackman Zoning Ordinance, Charter
Township of Blackman Subdivision Control Ordinance or the Township Building
Code.
