[HISTORY: Adopted by the City Commission of the City of Kalamazoo 7-21-1997
by Ord. No. 1640. Amendments noted where applicable.]
GENERAL REFERENCES
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.
STATUTORY REFERENCES
Land Division Act — See MCLA § 560.101 et
seq.
B.
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.
C.
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.
D.
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.[1]
[1]
Editor's Note: See App. A, Zoning Ordinance, § 12.3, Definitions
and Use Categories.
A.
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:
(1)
The payment of a fee as established by the City;
(2)
A completed application form;
(3)
A complete and accurate legal description of each proposed
lot or parcel created by the land division;
(4)
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;
(5)
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;[1]
[1]
Editor's Note: See MCLA § 560.101 et seq.
(6)
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;
(7)
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;
(8)
The tentative parcel map shall include, at a minimum,
the following:
(a)
Date, north arrow, scale, and name of the individual
or firm responsible for the completion of the tentative parcel map.
(b)
Proposed parcel lines and their dimensions.
(c)
Location and nature of proposed ingress and egress locations
to any existing public or private streets.
(d)
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.
(e)
General topographical features including contour intervals
no greater than 10 feet.
(f)
Any existing buildings, public or private streets, and
driveways within 100 feet of all proposed property lines.
(g)
The zoning designation of all proposed lots or parcels.
(h)
Small scale sketch of properties and streets within 1/4
mile of the area.
(i)
Proposed method of handling stormwater drainage.
B.
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.
C.
The application, along with the required materials shall
be forwarded to the City Assessor.
D.
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.
E.
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.
F.
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.
G.
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.
A.
Any division of land regulated by this chapter shall
not be approved by the Assessor unless it complies with all applicable City
ordinances.
B.
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.
C.
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.
D.
Any lot or parcel created by a land division shall comply
with all requirements of this chapter and other applicable City ordinances
and regulations.
E.
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.
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.
B.
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.
C.
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.
