Any division of property not covered by the subdivision plat, or lot split review procedures of this chapter, by the Condominium Act, or meeting the definition of an exempt split under the Land Division Act, and any property transfer between two or more adjacent parcels, shall require review and approval under the terms of this section as a land division or transfer.
(A) Application for land division or land transfer approval. An applicant shall file all of the following with the Village Clerk or other official designated by the Village Council for review and approval of a proposed land division or transfer of land before making any division or transfer of land either by deed, land contract, lease for more than one year or for building development:
(1) A completed application form on such form as may be provided by the Village.
(2) Proof of fee ownership of the land proposed to be divided.
(3) Survey maps.
(a) A survey map of the land proposed to be divided, prepared pursuant to the survey map requirements of 1970 Public Act 132, as amended, (M.C.L.A. § 54.211) by a land surveyor licensed by the State of Michigan, and showing the dimensions and legal descriptions of the existing parcel and the parcels proposed to be created by the division(s), the location of all existing structures and other land improvements, and the accessibility of the parcels for vehicular traffic and utilities from existing public roads.
(b) In lieu of a survey map, at the applicant’s option, the applicant may waive the 45-day statutory requirement for a decision on the application until the survey map and legal description are filed with the village, and may submit a tentative preliminary parcel map drawn to scale of not less than that provided for on the application form including an accurate legal description of each proposed division and showing the boundary lines, dimensions, and the accessibility of each division from existing or proposed public roads for automobile traffic and public utilities for preliminary review, approval, and/or denial by the locally designated official prior to a final decision on the application.
(c) The Village Council, or its designated agent delegated such authority by the Council, may waive the survey map requirement where the foregoing tentative parcel map is deemed to contain adequate information to approve a proposed land division considering the size, simple nature of the divisions, and the undeveloped character of the territory within which the proposed divisions are located. An accurate legal description of all the proposed divisions, however, shall at all times be required.
(4) Proof that all standards of the Land Division Act and this chapter have been met.
(5) The history and specifications of any previous divisions of land of which the proposed division was a part sufficient to establish the parcel to be divided was lawfully in existence as of March 31, 1997, the effective date of the Land Division Act.
(6) Proof that all due and payable taxes or installments of special assessments pertaining to the land proposed to be divided are paid in full.
(7) If transfer of division rights are proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer.
(8) Unless a division creates a parcel which is acknowledged and declared to be "not buildable" under this chapter, all divisions shall result in "buildable" parcels containing sufficient "buildable" area outside of unbuildable wetlands, flood plains and other areas where buildings are prohibited therefrom, and with sufficient area to comply with all required setback provisions, minimum floor area, off-street parking spaces, on-site sewage disposal and water well locations (where public water and sewer service is not available), and maximum allowed area coverage of buildings and structures on the site.
(9) The fee as may from time to time be established by resolution of the Village Council for land division pursuant to this chapter to cover the costs of review of the application and administration of this chapter and the Land Division Act.
(B) Procedure for review of applications for land division approval.
(1) Upon receipt of the land division or land transfer application documents under division (A) the Village Clerk or other official designated by the Village Council shall forthwith submit the same to the Village Assessor or other designated official for decision. The Village Assessor or other designee shall approve, approve with reasonable conditions to assure compliance with applicable chapters and the protection of public health, safety and general welfare, or disapprove the land division or land transfer applied for within 45 days after receipt of the application documents conforming to the requirements of this chapter and shall promptly notify the applicant of the decision and the reasons for any disapproval. If the application package does not conform to this chapter and the Land Division Act, the Assessor or other designee shall return the same to the applicant for completion and re-filing in accordance with this chapter and the Land Division Act.
(2) Any person or entity aggrieved by the decision of the Assessor or designee may, within 30 days of the decision, appeal the decision to the Village Council or to such other board or to a person designated by the Village Council which shall consider and resolve the appeal by a majority vote of the Council or of the Board at its next regular meeting or session affording sufficient time for a 20-day written notice to the applicant (and appellant where other than the applicant) of the time and date of said meeting and appellate hearing, or within a similar period by the Council’s designee.
(3) A decision approving a land division or land transfer is effective for 90 days, after which it shall be considered revoked unless within such period a document is recorded with the office of the Clinton County Register of Deeds and filed with the Village Clerk or other designated official, accomplishing the approved land division or transfer.
(4) The Village Assessor or designee shall maintain an official record of all approved and accomplished land divisions or transfers.
(C) Standards for approval of land divisions. A proposed land division shall be approved if the following criteria are met:
(1) All the parcels to be created by the proposed land divisions(s) fully comply with the applicable lot (parcel) yard and area requirements of the Zoning Chapter, including, but not limited to, minimum lot (parcel) frontage/width, minimum road frontage, minimum lot (parcel) area, minimum lot depth to width ratio, maximum lot (parcel) coverage and minimum setbacks for existing buildings/structures.
(2) The proposed land division(s) comply with all requirements of the Land Division Act and this chapter.
(3) All parcels created and remaining have existing adequate accessibility, or an area available therefor, to a public road for public utilities and emergency and other vehicles not less than the requirements of the applicable zoning ordinance, major thoroughfare plan, road ordinance or this chapter. In determining adequacy of accessibility, any chapter standards applicable to plats shall also apply as a minimum standard whenever a parcel or tract is proposed to be divided to create four or more parcels.
(4) The ratio of depth to width of any parcel created by the division does not exceed a three to one ratio exclusive of access roads, easements, or nonbuildable parcels created under division (D) of this section and parcels added to contiguous parcels that result in all involved parcels complying with said ratio. The permissible 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. The permissible minimum width shall be as defined in the Zoning Chapter.
(5) Satisfactory evidence of the suitability of each proposed land division for on-site sewage disposal and a potable on-site water supply is provided from the Mid-Michigan Health Department or State Department of Environmental Quality unless public water and sewer service is available to the site.
(6) All road grades shall not exceed a 7% grade or be less than a .5% grade except upon special approval of the Village Engineer.
(7) All roads shall require installation of curb and gutter. Said curb and gutter to be set apart not less than 31.5 feet as measured from back to back and fully paved between the lip of the gutters. All roads shall be constructed according to Clinton County road specifications.
(8) All roads within or abutting the land to be divided shall be constructed with not less than three inches of bituminous aggregate pavement.
(9) All rights-of-way shall be graded to the full width thereof for proper drainage and prospective future widening and improving. Road grading shall be accomplished so as to establish a .5 foot higher elevation at the boundary of the right-of-way than at the crown of the traveled roadway. All trees or other obstructions within the right-of-way which interfere with the grading and/or drainage shall be removed. The foregoing .5 foot elevation and tree and obstruction removal may be varied or adjusted by the Village Council recommendation of the Village Engineer where valuable trees or obstacles are involved and as long as drainage and safety will not be impaired.
(10) Permanent dead-end streets shall be provided at the closed end with a turn-around having an outside improved roadway diameter of at least 100 feet as measured from the centerline of the gutter or back of curb and a street property line diameter of at least 120 feet. Temporary dead-end streets shall be provided at the closed end with a turn-around constructed the full width of the right-of-way.
(11) All surface waters shall be adequately drained within each land division by a separate system of drainage structures or through the connection of such separate system to an adequate adjoining system. Where storm sewers are used, inlet basins must not be spaced further apart than 300 feet except upon express approval of the Village Council, upon recommendation of the Village Engineer or the Clinton County Drain Commissioner, to be granted only where other equivalent and sufficient drainage inlets are provided. Where such inlets are not thus available, drainage structures may consist of leaching basins so spaced that water shall not be required to run on the surface of the road further than 250 feet to the basin, or so spaced as to afford equivalent and sufficient drainage. The determination of what is equivalent and sufficient drainage shall be left to the Village Council upon the recommendation of the Village Engineer or the Clinton County Drain Commissioner.
(12) Connection to sanitary sewers and/or water mains as required by the Village Council.
(13) In the discretion of the Village Council, the proprietor shall make arrangements with service companies for all distribution lines for telephone, electric, television and other similar services distributed by wire or cable to be placed underground entirely through the residential subdivided area. Electrical distribution lines shall be defined in accordance with the rules and regulations promulgated by the Michigan Public Service Commission. Conduits or cables shall be placed within private easements provided to service companies by the proprietor or within dedicated public ways. All facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All facilities shall be constructed in accordance with standards of construction approved by the Michigan Public Service Commission. Private easements for underground utilities shall be shown on the survey map.
(14) Storm water disposal methods proposed for the land division must be adequate to insure each building site and roadway will not be flooded and that all necessary easements for storm sewers or open drains can feasibly be dedicated to the public for such purposes.
(15) No land within the land division may be isolated from a public highway nor may any adjoining land of the proprietor or others be isolated from a public thoroughfare thereby creating land- locked parcels.
(16) Street lighting may be required by the Village Council when the Council determines that street lighting is necessary for public health, safety and welfare.
(17) Sidewalks. Construction of sidewalks shall comply with § 93.02.
(D) If the Village Council determines that the land division has obtained the required statutory approval of other governmental agencies and complies with the requirements set forth above in this chapter, the Village Council shall grant final approval of the land division.
(E) Allowance for approval of other land division. Notwithstanding disqualification from approval pursuant to this chapter, a proposed land division which does not fully comply with the applicable lot, yard, accessibility and area requirements of the applicable zoning ordinance or this chapter may be approved in any of the following circumstances:
(1) Where the applicant executes and records an affidavit or deed restriction with the Clinton County Register of Deeds, in a form acceptable to the village, designating the parcel as "not buildable." Any such parcel shall also be designated as "not buildable" in the Village records and shall not, thereafter, be the subject of a request to the Zoning Board of Appeals for variance relief from the applicable lot and/or area requirements and shall not be developed with any building or above ground structure exceeding four feet in height and shall not be used for human habitation.
(2) Where, in circumstances not covered by division (1) above, the Zoning Board of Appeals has, previous to this chapter, granted a variance from the lot, yard, depth to width ratio, frontage and/or area requirements with which the parcel failed to comply.
(3) Where the proposed land division involves only the minor adjustment of a common boundary line or involves a conveyance between adjoining properties which does not result in either parcel violating this chapter, the Zoning Chapter or the Land Division Act.
(F) Consequences of Noncompliance with Land Division Approval Requirement. Any parcel created in noncompliance with this chapter shall not be eligible for any building permits or zoning approvals, such as special land use approval or site plan approval, and shall not be recognized as a separate parcel on the assessment roll. In addition, violation of this chapter shall subject the violator to the penalties and enforcement actions set forth in § 151.99 and as may otherwise be provided by law.
(Ord. 49, passed 3-14-05) Penalty, see § 151.99