The standards in this subchapter have been adopted to provide a uniform basis for decisions required by this chapter and to allow land division and consolidation where it would protect public health, safety and welfare; be consistent with the township’s Master Plan; minimize danger from fire and floods; protect and conserve the value of land and the value of buildings and improvements upon the land; minimize conflict between land uses; further the orderly layout and use of land; and provide the most beneficial relationship between the uses of land and buildings and circulation of traffic.
(A) Compliance with state law. An application shall not be approved unless it is in compliance with the Land Division Act, Michigan Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended by the Michigan Public Act 23 of 2019 and as amended or replaced.
(1) A subdivision lot, outlot or other parcel of land in a recorded plat may be divided pursuant to the requirements of this chapter only if the lot, outlot or other parcel is divided into not more than 4 parts, and provided that:
(a) The resulting parcels shall comply with applicable zoning requirements; and
(b) The total land area within the subdivision shall not decrease below the area of the original plat.
(2) The division of unplatted parcels shall not exceed the maximum number allowed by § 108 of the Michigan Land Division Act, being M.C.L.A. § 560.108, as follows:
(a) For a parcel, the division, together with any previous divisions of the same parent parcel or parent tract, shall result in a number of parcels not more than the sum of the following, as applicable:
1. For the first 10 acres or portion thereof in the parent parcel or parent tract, 4 parcels;
2. For each whole 10 acres in excess of the first 10 acres in the parent parcel or parent tract, 1 additional parcel, for up to a maximum of 11 additional parcels; and
3. For each whole 40 acres in excess of the first 120 acres in the parent parcel or parent tract, 1 additional parcel.
(b) For a parent parcel or parent tract of not less than 20 acres, the division may result in a total of 2 parcels in addition to those permitted by division (A)(2)(a) above, if 1 or both of the following apply:
1. Because of the establishment of 1 or more new streets, no new driveway to an existing public street for any of the resulting parcels under division (A)(2)(a) or this division (A)(2)(b) are created or required; or
2. One of the resulting parcel(s) under division (A)(2) and this division comprises not less than 60% of the area of the parent parcel or parent tract.
(c) A parcel of 40 acres or more created by the division of a parent parcel or parent tract shall not be counted toward the number of parcels permitted under divisions (A)(2)(a) and (A)(2)(b) and is not subject to the approval requirements of this chapter, if the parcel is accessible.
(d) A parcel or tract created by an exempt split or a division is not a new parent parcel or parent tract and may be further partitioned or split without being subject to the platting requirements of this act if all of the following requirements are met:
1. Not less than 10 years have elapsed since the parcel or tract was recorded.
2. The partitioning or splitting results in not more than the following number of parcels, whichever is less.
a. Two parcels for the first 10 acres or fraction thereof in the parcel or tract, plus 1 additional parcel for each whole 10 acres in excess of the first 10 acres in the parcel or tract; or
b. Seven parcels or 10 parcels, if 1 of the resulting parcels under this division comprises not less than 60% of the area of the parcel or tract being partitioned or split.
3. The partitioning or splitting satisfies the requirements of this chapter and the Michigan Land Division Act.
(e) A parcel or tract created under the provisions of division (c) above may not be further partitioned or split without being subject to the platting requirements of this act, except in accordance with the provisions of division (A)(2)(d).
(3) Nothing herein shall prevent the township from approving the division of any such lot, outlot or parcel of land in a case where the owner of the divided parcel owns land immediately adjacent thereto or in a case where there is presented to the township an executed agreement to sell and convey the divided parcel to the adjoining owner and where the combined width and area of the divided parcel and the adjacent parcel shall, as a single parcel, conform to the terms and provisions of this chapter and other ordinances of the Charter Township of Clayton.
(B) Zoning requirements. All lots and parcels created as a result of division or consolidation of land shall comply with all applicable zoning requirements, including minimum lot area, lot width, public road frontage or frontage on an approved private road, and parking requirements. No parcel that is smaller in area than currently required by the zoning ordinance shall be further divided, except as is provided under division (D) of this section.
(C) Parcel shapes.
(1) Lots and parcels should resemble rectangles, but irregularly shaped may be allowed where, in the opinion and judgment of the Township Zoning Administrator, conditions dictate. Lot lines should be straight, but may be irregular if conditions dictate. However, irregular shapes and lines proposed only for the purpose of meeting minimum area or width requirements shall not be permitted.
(2) The depth-to-width ratio of lots created through land division or combination that are 10 acres or less in size shall not exceed 4 to 1 unless authorized in the township zoning ordinance. Variation from these proportions may be permitted where the action would reduce existing nonconformance with these standards.
(D) Buildability. An application for division or consolidation of unplatted parcels shall not be approved unless the applicant demonstrates that the resulting parcels have adequate usable land area, such that the parcels can be built upon or used in compliance with zoning and other township ordinances and standards without variances, exceptions or waivers. In determining whether this standard has been met, issues that shall be taken into consideration include, but are not necessarily limited to the following:
(1) Soils that are incapable of supporting a septic system;
(2) Unusual topography which may prevent use of portions of a parcel;
(3) Presence of easements or rights-of-way that restrict use of a parcel;
(4) Wetlands, surface water or floodplains that restrict or prevent use of portions of a parcel;
(5) Soils that are incapable of supporting a foundation for a building;
(6) The shape of a parcel and/or building footprint with respect to minimum practical dwelling unit dimensions; and
(7) Any other factor related to ability to build on or use the proposed parcel in a lawful manner.
(E) Nonconforming lots of record.
(1) Notwithstanding these requirements, division and consolidation proposals for platted lots and unplatted parcels may be approved in the following circumstances:
(a) Where the proposed division or consolidation of platted lots and unplatted parcels would reduce the degree of existing nonconformity with zoning standards;
(b) Where the division of land is proposed with the intention of immediately combining portions of the original lot or parcel with additional land for the purposes of creating a new parcel or parcels, provided that the new parcel or parcels is/are in compliance with zoning requirements or reduce the degree of nonconformity with zoning standards;
(c) If a division or consolidation of land provides an opportunity to either create a lot that is less nonconforming or create a lot that conforms with the zoning ordinance standards, the lot shall be made to conform with zoning ordinance standards.
(2) In each of these cases, the division or consolidation shall be permitted only if the property owner records an affidavit or deed restriction with the Genesee County Register of Deeds which describes the property and the circumstances and conditions of approval. The affidavit or deed restriction shall be reviewed by the Township Zoning Administrator and the Township Assessor prior to recording, and the property owner shall provide a copy of the recorded affidavit or deed restriction to the township.
(F) Easements. Approval of an application shall be conditioned on the creating, creation or dedication of other agreements to provide by easements or otherwise, for roads, public utilities, bicycle/nonmotorized vehicle paths, sidewalks or other necessary public facilities required.
(G) Taxes and assessment liens. Any due or unpaid taxes, special assessments or financial obligations to the township of or upon the property shall be paid before an application is given final approval. A certified statement from the Genesee County Treasurer's Office stating that any parcel(s) subject to the proposed division or combination have no delinquent taxes or special assessments due shall be submitted to the Township Zoning Administrator by the applicant.
(H) Consent of the title holder. No application shall be reviewed or approved without the written consent of all title or deed holders of the subject parcel.
(I) Consideration of deed restrictions. The effect of private restrictions on a proposed division or consolidation shall be considered in the review of the application, not as a separate standard, but as related to other standards set forth therein. In no such circumstances shall restrictions be binding upon the township.
(Ord. 372.1 § 702, passed 6-10-1999; Am. Ord. 2019-484, passed 12-12-2019)