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(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.)
(a) All land division applications shall be submitted to the Building Official, who shall review the application for completeness and compliance with the Zoning Code and all other applicable ordinances. The Building Official shall schedule the land division application for review by the Planning Commission on the next available agenda.
(b) In reviewing the application, City staff and/or the Planning Commission may seek the advice of the City Attorney, the City Planner, any administrative official or any other person whose knowledge or understanding might assist in determining the merits and effects of the proposed division.
(c) The Planning Commission shall review the information submitted in accordance with the standards set forth in Section 1216.07 and approve, approve with conditions or deny the application. The Planning Commission shall reflect in its minutes any reasons for approval with conditions or denial to the applicant.
(Ord. 619. Passed 10-16-95.)
(a) Zoning Compliance. No application for the division of land shall be approved unless the minimum requirements of the Zoning Code are met.
(b) Access. No division shall be created unless accessibility is provided by either a public road, a private road of record at the time of enactment of this chapter or a private road constructed on a permanent, unobstructed easement and approved by the City Council.
(c) Layout. The size, shape and orientation of the land division shall be appropriate for the type of development and land use contemplated. Access to remaining or abutting properties shall be considered. No division shall be approved which would conflict with existing drainage courses, easements or public rights of way.
(d) Utility Easements. No application for the division of land shall be approved without adequate provisions made for utility easements. Where such utility easements are needed, written evidence of their availability shall be submitted prior to approval.
(e) Compliance With Subdivision Control Act. In no event shall approval be granted where the divisions are contrary to, or in violation of, the Michigan Subdivision Control Act, being Act 288 of the Public Acts of 1967, as amended.
(Ord. 619. Passed 10-16-95.)
Prior to the entry of any approved division on the City records and the assignment of a tax identification number by the City Assessor, the applicant shall provide the Assessor with the following:
(a) Survey and Legal Description. The applicant shall provide the address of the property or property in closest proximity to the subject property, a survey and legal description of the land divisions as prepared by a land surveyor or engineer registered in the State of Michigan and the common name of the subdivision in which the property is located.
(b) Proof of Acceptance and/or Approval of Improvements Prior to Final Approval. Where access to a land division is provided by a public road, proof that said road has been constructed and accepted by the City shall be provided prior to final approval. Where access is provided by a private road, proof that said road has been constructed and approved by the City shall be provided prior to final approval. Where other improvements, such as storm drainage facilities and public sewer and water are required, proof that said improvements have been constructed and approved by the City shall be provided prior to final approval.
(c) Financial Guarantees. In lieu of completion of all improvements prior to final approval, the City may permit a cash deposit, certified check, irrevocable letter of credit or surety bond acceptable to the City to be deposited with the Clerk to cover the estimated cost of improvements. The financial guarantee shall be provided prior to final approval of the parcel division.
The applicant shall provide a cost estimate of the improvements to be covered by the guarantee and such estimate shall be verified as to amount by the City. The form of the guarantee shall be approved by the City Attorney.
If the applicant shall fail to provide any site improvements according to the approved plans within the time period specified in the guarantee, the City shall be entitled to enter upon the site and complete the improvements. The City may defray the cost thereof from the deposited security or may require performance by the bonding company.
If a cash deposit or irrevocable bank letter of credit is used, rebate to the applicant shall be made in a reasonable proportion of the work completed to the entire project, as determined by the Clerk.
(Ord. 619. Passed 10-16-95.)
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