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(A) The owner of a lot, parcel, or tract of land shall not divide or effect a property transfer involving, or cause any person to divide or effect a property transfer involving, that lot, parcel, or tract of land except as provided in this chapter, unless the division or property transfer is approved as part of a subdivision plat at the time of plat approval under the Land Division Act of 1967, being Act 288 of the Public Acts of 1967, as amended, the division or property transfer is part of a condominium project developed under the Condominium Act, being Act 59 of the Public Acts of 1978, as amended, or the division or property transfer is done pursuant to an order of a court of competent jurisdiction.
(B) The owner of a lot, parcel, or tract of land claiming an exempt split as defined in § 154.03(F) of this chapter shall submit to the Village President either a survey map of the land claimed to be an exempt split 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, or other clear evidence documenting that the proposed exempt split of a parcel or tract of land will not result in one or more parcels of less than 40 acres or the equivalent. In addition, the owner of a lot, parcel, or tract of land claiming an exempt split shall submit to the Village President evidence that each lot, parcel, or tract of land resulting from the proposed exempt split are accessible, as defined in this chapter. If the Village President finds that the proposed division is an exempt split and that each new lot, parcel, or tract of land that will result from the division is accessible, then no further action under this chapter shall be required. If the Village President finds that the proposed division is either not an exempt split or that each new lot, parcel, or tract of land that will result from the division is not accessible, then he or she shall give the owner written reasons for his or her decision. In that event the owner shall be required to proceed under § 154.05 of this chapter to obtain approval of the proposed division. If the owner disagrees with the Village President’s decision, the owner can submit revised information to the Village President or appeal the Village President’s decision to the Zoning Board of Appeals pursuant to § 154.08 of this chapter.
(C) In addition, an exempt split or other partitioning or splitting of a parcel or tract of land that only results in parcels of 20 acres or more in size is not subject to approval under this chapter if the parcel or tract of land being partitioned or split is not accessible and was in existence on March 31, 1997 or resulted from an exempt split or a partitioning or splitting under Section 109b of the Land Division Act, as amended.
(Ord. 2 of 2018, passed 2-12-2018)
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)
An application to divide a lot, parcel, or tract of land, or to effect a property transfer shall be granted when all of the following standards are met:
(A) The proposed division or property transfer shall comply with all requirements of the Land Division Act of 1967, being Act 288 of the Public Acts of 1967, as amended.
(B) The lots, parcels, or tracts of land that will result from the division or property transfer shall comply with all requirements of the Zoning Ordinance, as amended, including but not limited to the requirements relating to area and width for the newly created lots, parcels, or tracts of land, the requirements relating to lake and/or road frontages, and the requirements relating to setbacks if the newly created lots, parcels, or tracts of land have buildings or structures on them. The addition of land to an already lawful nonconforming lot or parcel is permitted without a zoning variance, provided that the lot or parcel from which the land is taken will not become a nonconforming lot or parcel or, if already nonconforming, will not become more nonconforming.
(C) Each lot, parcel, or tract of land that will result from the division or property transfer shall have an adequate and accurate legal description.
(D) Except for the remainder of the parent parcel or parent tract of land retained by the owner, each new lot, parcel, or tract of land that will result from the division, including those lots, parcels, and tracts of land greater than ten acres, shall have a depth of not more than four times its width as measured under the requirements of the Zoning Ordinance. This standard shall not apply to a property transfer.
(E) If a lot, parcel, or tract of land that will result from the division or property transfer will be a development site, then each such resulting lot, parcel, or tract of land shall have adequate easements for public utilities from each such resulting lot, parcel, or tract of land to existing public utility facilities.
(F) If the land proposed to be transferred between two or more adjacent lots or parcels does not independently conform to the requirements of the Land Division Act, being Act 288 of the Public Acts of 1967, as amended, the Zoning Ordinance, as amended, and this chapter, then the land proposed to be transferred shall not thereafter be independently considered a development site, but may only be used in conjunction with an adjoining lot(s), parcel(s), or tract(s) of land.
(G) Each lot, parcel, or tract of land that will result from the division or property transfer shall be accessible.
(H) The owner of the parcel or tract of land shall possess the right to divide the parcel or tract of land. This standard shall not apply to a property transfer.
(I) The proposed division does not isolate a cemetery so that it no longer is accessible as defined in this chapter. This standard shall not apply to a property transfer.
(Ord. 2 of 2018, passed 2-12- 2018)
(A) If a lot, parcel, or tract of land that will result from a division or property transfer does not meet the requirements of the Zoning Ordinance as specified in § 154.06(B) of this chapter, then the applicant may seek a variance from those zoning requirements from the Zoning Board of Appeals pursuant to the procedures of the Zoning Ordinance.
(B) If a lot, parcel, or tract of land that will result from a division does not meet the depth to width requirements of § 154.06(D) of this chapter, then the applicant may seek a variance from those requirements from the Zoning Board of Appeals pursuant to the procedures of this section.
(C) The Zoning Board of Appeals may grant a variance under this chapter from the depth to width requirement of § 154.06(D) of this chapter, if all of the following exist:
(1) Exceptional or extraordinary circumstances or conditions exist on the parent parcel, including exceptional topographic or physical conditions, that do not generally apply to other lots, parcels, or tracts of land in the village;
(2) The exceptional or extraordinary circumstances or conditions existing on the parent parcel are not the result of any act or omission by the applicant or his or her predecessors in title;
(3) The granting of the variance shall not be injurious or otherwise detrimental to adjoining lots, parcels, or tracts of land or to the general health, safety, and general welfare of the village;
(4) The resulting lots, parcels or tracts of land with the variance granted shall be compatible with surrounding lots, parcels or tracts of land; and
(5) The variance granted shall be the minimum variance that will make possible the reasonable use of the parent parcel.
(D) The Zoning Board of Appeals shall follow the procedures of the Zoning Ordinance relating to variances when deciding whether to grant a variance under this section.
(E) In granting any variance under this chapter, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in order to ensure that the lot, parcel, or tract of land that will result from the division or property transfer complies with the variance granted under this chapter. Violations of such conditions and safeguards shall be deemed a violation of this chapter, punishable under § 154.08 of this chapter.
(Ord. 2 of 2018, passed 2-12- 2018)
Any person aggrieved by a decision of the Village President may appeal that decision to the Zoning Board of Appeals following the procedures of the Zoning Ordinance, as amended, for appeals to the Zoning Board of Appeals. Any such appeal shall be filed within 30 days from the date of the decision from which the appeal is taken. During the appeal, the Zoning Board of Appeals shall conduct a de novo hearing of the matter and to that end shall have all the powers of the Village President. In rendering its decision, the Zoning Board of Appeals shall receive and consider evidence and data relevant to the case and shall issue its decision in writing within a reasonable period of time after receiving all evidence and data in the case. The decision of the Zoning Board of Appeals shall then be sent promptly to the applicant, to the person who filed the appeal (if different than the applicant), and to the Village President and Zoning Administrator.
(Ord. 2 of 2018, passed 2-12- 2018)
The Village President and other officials designated by the Village Council are hereby designated as the authorized village officials to issue municipal civil infraction citations directing alleged violators of this chapter to appear in court.
(Ord. 2 of 2018, passed 2-12- 2018)
A violation of this chapter is hereby declared to be a nuisance per se and is declared to be offensive to the public health, safety and welfare.
(Ord. 2 of 2018, passed 2-12- 2018)
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