The following procedure shall be followed to divide a lot, parcel or tract of land or to effect a property transfer:
(A) The applicant shall submit an application to the Village President on a form supplied by the village for that purpose. The application shall include, but not be limited to the following:
(1) Proof of ownership of the lot, parcel, or tract of land to be divided, or of the lots or parcels involved in a property transfer;
(2) The names and addresses of all persons having an interest in the lot, parcel, or tract of land to be divided, or of the lots or parcels involved in a property transfer and a statement of the type of interest each holds;
(3) The history of the prior divisions of the parent parcel or tract of land from which the applicant’s parcel or tract of land came and proof that the applicant holds the right to divide the parcel or tract of land proposed for division;
(4) A survey map of the land proposed to be divided or the land involved in the property transfer prepared pursuant to the survey map requirements of Act 132 of the Public Acts of 1970, as amended, certified by a land surveyor licensed by the state and depicting the dimensions of the lot, parcel, or tract of land to be divided, or the lots or parcels involved in a property transfer, the dimensions of the lots, parcels, or tracts of land that will result from the division or property transfer, the location of all current easements on the lot, parcel, or tract of land to be divided, or on the lots or parcels involved in a property transfer, and the location of all proposed easements on the lots, parcels or tracts of land that will result from the division or property transfer. The easements required by this subsection shall include both utility easements and ingress/egress easements. The survey shall also depict all buildings and structures on the lot, parcel, or tract of land to be divided, or on the lots or parcels involved in a property transfer and the distances between these buildings and structures and the original property lines of the lot, parcel, or tract of land to be divided, or the lots or parcels involved in a property transfer and shall depict the distances between these buildings and structures and the property lines of the lots, parcels, or tracts of land that will result from the division or property transfer. The Village President may waive the survey map requirement if he or she finds that, considering the size, simple nature of the division or property transfer, the undeveloped character of the parent parcel, or that the proposed division of a tract of land will be along preexisting and recorded lot or parcel boundaries, a survey map is not needed to determine compliance with this chapter and the Land Division Act, as amended. If a survey map is not required, then the applicant shall submit a tentative parcel map which shall be a scale drawing showing the approximate dimensions of the parcels, the parcel lines, public utility easements, accessibility, and other evidence establishing compliance with the approval standards of this chapter;
(5) A map showing the location of the lot, parcel, or tract of land to be divided, or the lots or parcels involved in a property transfer within the village;
(6) Legal descriptions, certified by a registered land surveyor licensed by the state, of the lots, parcels, or tracts of land that will result from the division or property transfer;
(7) If the lot, parcel, or tract of land that will result from the division or property transfer will be a development site, then the applicant shall submit a permit or other documentation from the State Transportation Department or the Village Department of Public Works that each such resulting lot, parcel, or tract of land is accessible. In addition, if the lot, parcel, or tract of land that will result from the division or property transfer will be a development site, the applicant shall submit evidence establishing adequate easements for public utilities from each such resulting lot, parcel, or tract of land to existing public utility facilities;
(8) A brief statement as to the purpose of the proposed division or property transfer and whether the lots, parcels or tracts of land that will result from the division or property transfer are intended as a development site; and
(9) Such other documentation that the Village President may require relating to the application to divide a parent parcel.
(B) The application shall be accompanied by an application fee as established and set forth in a village fee schedule. This fee schedule shall also establish after the fact fees that must be paid when an otherwise lawful division or property transfer occurs but without first complying with the procedural requirements of this chapter. This after the fact fee is not intended to be a penalty, but shall consist of the normal application fee plus an amount equal to the legal and administrative costs incurred by the village as the result of the applicant's failure to initially comply with the requirements of this chapter.
(C) After receiving the information required in § 154.05(A) of this chapter, the Village President shall, within 45 days, decide whether to approve the proposed division or property transfer. If the applicant fails to provide all the information required by this chapter, then the application shall be deemed incomplete and may be denied on that basis. The Village President’s decision to approve the division or property transfer shall be made pursuant to the standards contained in § 154.06 of this chapter. The Village President may grant conditional approval of an application, subject to the applicant obtaining any necessary variances from the Zoning Board of Appeals pursuant to § 154.07 of this chapter. The Village President shall specify in writing the reasons for his or her decision concerning the proposed division or property transfer. If the Village President fails to grant approval of a proposed division or property transfer, the applicant shall then have the option of resubmitting information for approval to the Village President or appealing the Village President’s decision to the Zoning Board of Appeals pursuant to § 154.08 of this chapter. Any approval or approval with conditions of a division or property transfer shall not be considered a determination that the resulting lots, parcels, or tracts of land comply with any other chapters or regulations of the village.
(D) If the Village President approves a proposed division or property transfer, then the Village President shall send a letter indicating such approval to the applicant with copies to the Zoning Administrator and the County Equalization Department. This letter shall contain the following statement: “Pursuant to Section 109a of the Land Division Act, as amended, the Village of Alanson, its officers and employees are not liable if a building permit is not issued for a parcel less than one acre in size that resulted from an approved division under the Village of Alanson Land Division Ordinance.” A copy of this letter shall be retained by the Village President in his or her official records.
(E) Because zoning requirements may change over time, any approval of an application for a division or property transfer by the Village President under § 154.05(C) of this chapter shall expire and a new approval required, unless the applicant within 90 days from the date of the approval, records in the County Register of Deeds Office an instrument(s) of conveyance or a complete survey, including the legal descriptions for each resulting lot or parcel documenting the division or property transfer and files a copy of that recorded instrument(s) or survey with the Village President. If the grantor intends to convey the right to future divisions of the parcel being conveyed, the deed or land contract shall contain the following statement as required by the Land Division Act, as amended: “The grantor grants to the grantee the right to make (insert number) division(s) under section 108 of the Land Division Act, Act 88 of the Public Acts of 1967.” Finally, all deeds and land contracts of unplatted land shall contain the following statement as required by the Land Division Act, as amended: “This property may be located within the vicinity of farm land or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan Right to Farm Act.”
(Ord. 2 of 2018, passed 2-12-2018)