It shall be unlawful for any person to divide or partition any lot, outlot or other parcel of land in a recorded plat except in accordance with the following procedure.
(A) The applicant shall deliver a written instrument fully executed in form legally sufficient for recording with the County Register of Deeds to the Council for its approval. Such instrument shall contain the legal description of the partition or division of the parcel described therein. Accompanying such instrument shall be a policy of title insurance issued by a company doing title work in Oakland County, which policy of title insurance shall disclose that the person or persons executing the instrument are the owners in fee title to the property described. If the division or partition of the parcel will result in a minimum lot size less than the requirements of the applicable provisions of
the village zoning code
, then the applicant shall deliver in addition a fully executed affidavit in form legally sufficient for recording with the County Register of Deeds and signed by all persons who have a legal or equitable interest in the parcel acknowledging that they understand and agree the partitioned or divided parcel or parcels may not thereafter be developed or used separately but only in conjunction with the adjoining parcels of land, such to be covenant running with the land and such land to be and remain in common ownership.
(B) The review by the Village Council shall be to determine that the public health, safety and welfare will not be injured by such partition or division.
(C) The applicant shall pay the cost of recording such instrument or instruments as the case may be.
(D) The applicant shall also submit a plan or drawing drawn to scale by a registered engineer or surveyor showing the subject property, including dimensions, and also adjoining property for at least 300 feet in all directions from subject property so as to adequately portray the relationship of subject and adjoining property. All existing buildings and structures shall be located on said plan or drawing. The Village Council may also require the applicant to furnish it with such additional data as will enable the Village Council to decide the matter.
(O.C. § 5.422)