EDITOR'S NOTE: This chapter, previously a codification of Ordinance 513, passed September 11, 1989, and previously titled Lot Divisions, was re-enacted in its entirety by Ordinance 619, passed October 16, 1995, which also changed the title to Land Divisions.
1216.01 Purpose.
1216.02 Scope.
1216.03 Rules of construction.
1216.04 Definitions.
1216.05 Applications.
1216.06 Preliminary approval.
1216.07 Standards for approval.
1216.08 Final approval.
1216.09 Appeals.
1216.10 Fees.
1216.11 Violations as nuisance; abatement.
1216.12 Inconsistent ordinances.
1216.99 Penalty.
CROSS REFERENCES
Subdivision Regulations - see P. & Z. Ch. 1220 et seq.
Reduction of lots; land for common use; Subdivision Open Space Plan - see P. & Z. Chapter 1240 (Zoning Code)
Averaged lot sizes - see P. & Z. Chapter 1240 (Zoning Code)
(a) This chapter shall apply to the division of all land located within the City of Howell.
(b) Any division of land which has not been first approved by the City under the terms of this chapter shall not be considered a valid division of such property and shall not be placed on the City tax rolls as separate and individual property.
(Ord. 619. Passed 10-16-95.)
For the purpose of this chapter, certain rules of construction apply to the text, as follows:
(a) Words used in the present tense include the future tense, and the singular includes the plural, unless the context clearly indicates the contrary.
(b) The term "shall" is always mandatory and not discretionary; the word "may" or "should" is permissive.
(c) Any word or term not interpreted or defined by this chapter shall carry the meaning of common or standard utilization.
(Ord. 619. Passed 10-16-95.)
The following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise specifically stated:
(a) "Division" or "divide" means to separate any land into parts.
(b) "Land" means a lot, outlot or parcel of real property.
(c) "Lot" means that measured portion of a parcel or tract of land which is described and fixed in a recorded plat.
(d) "Outlot" means a lot included within the boundary of a recorded plat set aside for purposes other than a building site, park or other land dedicated to public use or reserved to private use.
(e) "Owner" means any person who holds the legal title or the equitable title, the equitable title being evidenced by a duly executed land contract signed by the holders of legal title, or by a duly executed purchase agreement signed by the owners of legal title. If there are holders of both legal and equitable title, "owner" shall be construed to mean all such persons. Wherever the word "owner" appears in this chapter, all persons holding any legal or equitable interest shall be deemed to be referred to, and, in the event that signatures are required, all of such persons shall be deemed to be required to sign.
(f) "Parcel" means a continuous area or acreage of land which can be described.
(g) "Registered land surveyor" or "civil engineer" means a person so licensed by the State.
(Ord. 619. Passed 10-16-95.)
(a) An owner who desires a land division shall make written application to the City.
(b) The application shall be in a form provided by the City and shall contain at least the following information:
(1) The names of all owners of any legal or equitable interest, and their signatures.
(2) The legal description of the parcel, which description shall contain the acreage.
(3) A copy of the most recent paid tax bill pertaining to the parcel, including proof that all delinquent taxes have been paid.
(4) A drawing of the land as it exists prior to the proposed division, which may be incorporated in paragraph (b)(5) hereof.
(5) A drawing of the land as it will appear following the proposed division, including the following information:
A. North arrow, date and scale.
B. Existing and proposed lot lines and dimensions.
C. Existing utilities and drainage courses within fifty feet of the land to be split.
D. Location and dimensions of existing and proposed easements, lot numbers, roadways and lot irons.
E. Existing structures on the land and all structures within fifty feet of the proposed lot lines.
F. Zoning classification of the land to be divided and all abutting land.
G. All required front, rear and side yard setbacks resulting from the requested split.
(6) A copy of all existing and/or proposed restrictions or covenants which apply to the land.
(7) The person to whom all correspondence concerning the division is to be directed, with the specific designation of the person acting as the agent for all other owners.
(Ord. 619. Passed 10-16-95.)
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