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1230.02   PURPOSE.
   The purpose of this chapter is to carry out the provisions of the State Land Division Act (1967 PA 288, as amended, formerly known as the Subdivision Control Act), to prevent the creation of parcels of property which do not comply with applicable ordinances and said Act, to minimize potential boundary disputes, to maintain orderly development of the community, and to otherwise provide for the health, safety and welfare of the residents and property owners of the Township by establishing reasonable standards for prior review and approval of land divisions within the Township.
(Ord. 322. Passed 4-20-98.)
1230.03   DEFINITIONS.
   For purposes of this chapter, certain terms and words used herein shall have the following meaning:
   (a)   "Applicant" means a natural person, firm, association, partnership, corporation, or any combination of any of them, that holds an ownership interest in land, whether recorded or not.
   (b)   "Divide" or "division" means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale or lease for more than one year, or of building development that results in one or more parcels of less than forty acres or the equivalent, and that satisfies the requirements of Sections 108 and 109 of the State Land Division Act. "Divide" or "division" does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the State Land Division Act, or the requirements of other applicable local ordinances. "Divide" or "division" does not include the granting of a right-of-way or easement.
   (c)   "Exempt split" or "exempt division" means the partitioning or splitting of a parcel or tract of land by the proprietor thereof, or by his or her heirs, executors, administrators, legal representatives, successors or assigns, that does not result in one or more parcels of less than forty acres or the equivalent.
   (d)   "Forty acres or the equivalent" means either forty acres, a quarter-quarter section containing not less than thirty acres, or a government lot containing not less than thirty acres.
   (e)   "Governing body" means the Charter Township of Clinton Board of Trustees.
(Ord. 322. Passed 4-20-98.)
1230.04   PRIOR APPROVAL REQUIRED FOR LAND DIVISIONS.
   Land in the Township shall not be divided without the prior review and approval of the Township Assessor or other official designated by the Township Board, in accordance with this chapter and the State Land Division Act, provided that the following shall be exempted from this requirement:
   (a)   A parcel proposed for subdivision through a recorded plat pursuant to the State Land Division Act.
   (b)   A lot in a recorded plat proposed to be divided in accordance with the State Land Division Act.
   (c)   An exempt split, as defined in this chapter, or other partitioning or splitting that results in parcels of twenty acres or more if each is not accessible and the parcel was in existence on March 31, 1997, or resulted from exempt splitting under the State Land Division Act.
(Ord. 322. Passed 4-20-98.)
1230.05   APPLICATION FOR LAND DIVISION APPROVAL.
   An applicant shall file all of the following with the Township Assessor or other official designated by the Township Board for review and approval of a proposed land division before making any division either by deed, land contract, lease for more than one year, or for building development:
   (a)   A completed application form on such form as may be approved by the Township Board.
   (b)   Proof of fee ownership of the land proposed to be divided.
   (c)   A tentative parcel map drawn to scale including an accurate legal description of each proposed division, and showing the boundary lines, approximate dimensions, and the accessibility of each division for automobile traffic and public utilities, ingress or egress between adjacent parcels, easements, rights-of-way and restrictions.
   (d)   Proof that all standards of the State Land Division Act and this chapter have been met.
   (e)   If a transfer of division rights is proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer.
   (f)   A fee as determined from time to time by the Township Board to cover the costs of review of the application and administration of this chapter and the State Land Division Act.
(Ord. 322. Passed 4-20-98.)
1230.06   PROCEDURE FOR REVIEW OF APPLICATIONS FOR LAND DIVISION APPROVAL.
   (a)   The Township shall approve or disapprove the land division applied for within forty-five days after receipt of a complete application conforming to the requirements of this chapter and the State Land Division Act, and shall promptly notify the applicant of the decision, and if denied, the reasons for denial.
   (b)   Any person aggrieved by the decision of the Township Assessor or his or her designee may, within thirty days of such decision, appeal the decision to the Township Board, which shall consider and resolve such appeal by a majority vote of said Board.
   (c)   The Township Assessor or his or her designee shall maintain an official record of all approved and accomplished land divisions or transfers.
   (d)   Approval of a division is not a determination that the resulting parcels comply with other ordinances or regulations, including, but not limited to, the Clinton Township Zoning Ordinance.
   (e)   The Township and its officers and employees shall not be liable for approving a land division if building permits for construction on the parcels are subsequently denied because of inadequate water supply, sewage disposal facilities, noncompliance with the Zoning Code or otherwise, and any notice of approval shall include a statement to this effect.
(Ord. 322. Passed 4-20-98.)
1230.07   STANDARDS FOR APPROVAL OF LAND DIVISIONS.
   A proposed land division reviewable by the Township shall be approved if the following criteria are met:
   (a)   All parcels created by the proposed division or divisions have a minimum width of sixty-five feet as measured at the required front setback line unless otherwise provided for in the Zoning Code.
   (b)   All such parcels shall contain a minimum area of 7,800 square feet unless otherwise provided for in the Zoning Code.
   (c)   The ratio of depth to width of any parcel created by the division does not exceed a four to one ratio, exclusive of access roads, easements, or non-development sites. The depth of a parcel created by a land division shall be measured within the boundaries of each parcel from the abutting road right-of-way to the most remote boundary line point of the parcel from the point of commencement of the measurement.
   (d)   The proposed land division or divisions comply with all requirements of this chapter and the State Land Division Act.
   (e)   All parcels created and remaining have existing adequate accessibility, or an area available therefor, for public utilities and emergency and other vehicles.
(Ord. 322. Passed 4-20-98.)
1230.08   CONSEQUENCES OF NONCOMPLIANCE WITH LAND DIVISION APPROVAL REQUIREMENT.
   (a)   Any division of land in violation of any provision of this chapter shall not be recognized as a land division on the Township tax roll and no construction thereon which requires the prior issuance of a construction or building permit shall be allowed. The Township shall further have the authority to initiate injunctive or other relief to prevent any violation or continuance of any violation of this chapter. The Township shall be entitled to all legal fees which are necessary to seek compliance with the Act.
   (b)   An unlawful division or split shall also be voidable at the option of the purchaser and shall subject the seller to the forfeiture of all consideration received or pledged therefor, together with any damages sustained by the purchaser, recoverable in an action at law.
(Ord. 322. Passed 4-20-98.)