[HISTORY: Adopted by the City Commission of the City of Kalamazoo 7-21-1997 by Ord. No. 1640. Amendments noted where applicable.]
Buildings and building regulations — See Ch. 9.
Historic districts — See Ch. 16.
Housing Code — See Ch. 17.
Streets — See Ch. 33.
Zoning Ordinance — See App. A.
Land Subdivision Standards Ordinance — See App. B.
Land Division Act — See MCLA § 560.101 et seq.
This chapter shall apply to all land divisions as governed by the provisions of the Land Division Act, Act 288 of the Michigan Public Acts of 1967, as amended. Approval of any land division does not constitute use approval of any such division. Such use of land shall comply with the City's Zoning Ordinance or all other applicable ordinances or regulations.
It is not intended by this chapter to repeal, abrogate, annul, or in any other way impair or interfere with existing provisions of other laws or ordinances, or of any private restrictions placed upon property by covenant, deed, or other private agreement; provided, however, that where any provision of this chapter imposes more stringent requirements, regulations, restrictions, or limitations upon the use of land and buildings, or upon safety and sanitary measures, or requires larger yards or open spaces than are imposed or required by the provisions of any other law or ordinances, or any said rules, regulations, permits, or easements, then the provisions of this chapter shall govern.
The purpose of this chapter is to regulate the division of land; to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that land be suitable for building sites and public improvements; to ensure that provisions are made for adequate drainage, ingress and egress; and to ensure that land divisions are correctly and accurately approved, recorded, and filed.
The definitions of the Land Division Act of 1967, as amended, are hereby included and made a part of this chapter. The definitions in the City's Zoning Ordinance, as amended, are hereby included and made a part of this chapter.
Editor's Note: See App. A, Zoning Ordinance, § 12.3, Definitions and Use Categories.
An application for land divisions or splits shall be submitted through the City Assessor's office by an individual or entity having an ownership interest in the parcel proposed for division. Each application shall be accompanied by the following, unless deemed unnecessary by the City Assessor:
The payment of a fee as established by the City;
A completed application form;
A complete and accurate legal description of each proposed lot or parcel created by the land division;
A detailed written description of the development planned for such land divisions, including a description of any proposed association or other entity which shall be responsible for operation and maintenance of any private streets, open spaces or other similar uses or activities;
The history and specifications of any previous divisions of land of which the proposed division was a part which will [be] sufficient documentation to establish the parcel to be divided was lawfully in existence as of March 31, 1997, the effective date of Public Act 591 of 1996;
Evidence showing 1) that each proposed buildable parcel is served or will be served by the City's public sewer system, or an evaluation/indication of approval of a soil evaluation or septic system permit for each proposed buildable parcel prepared by the Kalamazoo County Environmental Health Department; and 2) that each proposed buildable parcel is served or will be served by the City's public water system, or an evaluation/indication of approval for a well permit for potable fresh water for each proposed buildable parcel prepared by the Kalamazoo County Environmental Health Department;
Three copies of a complete tentative parcel map drawn to scale, which shall not be less than one inch equals 20 feet for property totaling under three acres and at least one inch equals 100 feet for those totaling three acres or more. The parcel map shall be prepared by a registered engineer or land surveyor or other such person determined by the City Assessor, or his or her designee, to be qualified to complete such parcel maps;
The tentative parcel map shall include, at a minimum, the following:
Date, north arrow, scale, and name of the individual or firm responsible for the completion of the tentative parcel map.
Proposed parcel lines and their dimensions.
Location and nature of proposed ingress and egress locations to any existing public or private streets.
The location of any public or private street, driveway, or utility easements to be located within any proposed lot or parcel. Copies of the instruments describing and granting such easements shall be submitted with the application.
General topographical features including contour intervals no greater than 10 feet.
Any existing buildings, public or private streets, and driveways within 100 feet of all proposed property lines.
The zoning designation of all proposed lots or parcels.
Small scale sketch of properties and streets within 1/4 mile of the area.
Proposed method of handling stormwater drainage.
Applications for land divisions shall not be accepted unless all of the required materials are submitted, are complete, and are in a form acceptable to the Assessor.
The application, along with the required materials shall be forwarded to the City Assessor.
Land divisions shall be reviewed and approved by the City Assessor, who shall review the application and such other available information including recommendations or reports from the City Planner, Attorney, Engineer, or other party, and shall approve with conditions, or deny the request, and incorporate the basis for the decision and any conditions which should be imposed. The Assessor shall either approve the application, approve the application with conditions, or deny the application.
The approval, approval with conditions, or denial of a land division shall be accomplished within 30 days after the filing of a completed, accepted application by the City Assessor. In the event that the application is approved with conditions or is denied, the Assessor shall provide the applicant with a written communication which fully describes the reasons for the decision. If the application does not conform to the requirements of this chapter and those of the Michigan Land Division Statute, the Assessor shall return the application for completion and refiling.
Approval of a land division does not grant approval for the use of such divided lot or parcel. Any lot or parcel proposed for division must comply with the requirements of the City's Zoning Ordinance and any other applicable ordinances or regulations.
Land division approvals shall be valid for a period of 60 days from the date of approval by the Assessor's office. If such lots or parcels proposed by the land division are not properly recorded and accepted by the Kalamazoo County Register of Deeds within this period, the land division approval shall be considered null and void and a new application shall be submitted in compliance with the requirements of this chapter. Upon the filing with the Assessor of a copy of a properly recorded deed certifying the land division, the Assessor shall effectuate the land division as recorded by Kalamazoo County.
Any division of land regulated by this chapter shall not be approved by the Assessor unless it complies with all applicable City ordinances.
Any land division creating a buildable parcel shall front upon a public street or private road right-of-way or easement meeting the requirements of the City's Zoning Ordinance for the minimum lot width required by the zone district in which the lot or parcel is located.
Any proposed points of ingress or egress to a lot or parcel created by the land division must meet the City's location and design standards or those of the authority having jurisdiction over the roadway to which access is planned.
Any lot or parcel created by a land division shall comply with all requirements of this chapter and other applicable City ordinances and regulations.
The Assessor or his or her designee may stipulate such additional conditions and safeguards as are deemed necessary to ensure compliance with the requirements of this chapter.
A violation of any provision of this chapter is hereby declared to be a nuisance, per se. A violation of this chapter shall be a misdemeanor, for which the fine shall be not less than $100 nor more than $500. Each day during which any violation continues shall be deemed a separate offense.
Nothing in this section shall be construed as limiting the City from pursuing other legal remedies to address a violation of this chapter, including an action seeking invalidation of the land division and other appropriate injunctive relief.
Any parcel created in noncompliance with this chapter shall not be eligible for any building permits or zoning approvals, including special land use approval or site plan approval. No parcel created in noncompliance with this chapter shall be recognized as a separate parcel on the City's annual assessment roll.