As used in this chapter, the following words and terms shall have the meanings given to them herein:
(a) "Act" shall mean the Land Division Act being Public Act 591 of 1996, as amended.
(b) "Accessible" shall mean a parcel that is accessible if one or both of the following are met:
(1) The parcel has an area where a driveway or easement provides vehicular access to an existing street or road and meets all applicable location standards of the road authority, or has an area where a driveway or easement can provide vehicular access to an existing street or road and meet all such applicable location standards.
(2) The parcel is served by an existing easement that provides vehicular access to an existing street or road and that meets all applicable location standards of the local road authority, or can be served by a proposed easement that will provide vehicular access to an existing street or road and that will meet all such applicable location standards.
(c) "Division" or "land division" shall mean 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 of more than one year, or of building development that results in one or more parcels of less than forty acres or the equivalent as defined in the act, and that satisfies the requirements of sections 108 and 109 of the act. "Division" or "land 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 act, this chapter and other applicable ordinances.
(d) "Exempt split" or "exempt division" shall mean 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.
(e) "Forty acres or the equivalent" shall mean either forty acres, a quarter-quarter section containing less than thirty acres, or a governmental lot containing not less than thirty acres.
(f) "Parcel" shall mean a continuous area of land which can be described as stated in Section 102(g) of the act.
(g) "Parent parcel" or "parent tract" shall mean a parcel or tract, respectively, lawfully in existence on March 31, 1997.
(h) "Resulting parcel" or "resulting parcels" shall mean one or more parcels which result from an authorized land division.
(i) "Road authority" shall mean the governmental authority having jurisdiction over a public street or road.
(j) "Tract" shall mean two or more parcels that share a common property line and are under the same ownership.
(Ord. 454. Passed 12-4-07.)
The purpose of this chapter is to carry out the provisions of the act; to establish minimum requirements and procedures for the approval of such land divisions; to prevent the creation of parcels of property which do not comply with applicable ordinances and the act; to maintain orderly development of the community; and to promote the health, safety, and welfare of residents by establishing reasonable standards for review and approval of land divisions.
(Ord. 454. Passed 12-4-07.)
(a) Land in the City shall not be divided without the prior review and approval of the City in accordance with this chapter.
(1) Any property transfers between two or more adjacent parcels, where the property taken from one parcel is added to an adjacent parcel;
(2) Any alteration, addition, relocation, or removal of a lot line of a parcel or lot existing at the time of adoption of this chapter.
(c) Staff Approval. Land in the City shall not be divided without the review and approval of the City Assessor and Community Development Director or other official designated by the City Manager, in accordance with this chapter and the act. Review and approval shall be required before making any land division either by deed, land contract, lease for more than one year or for building development.
(d) Planning Commission Approval. Land divisions which result in the creation of more than four new lots by metes and bounds description shall be reviewed and approved by the Planning Commission in accordance with the same procedures and criteria for the review of all other land divisions and as required by Chapters 1220 through 1232, Subdivision Regulations, as contained in this Code of Ordinances.
(Ord. 454. Passed 12-4-07.)
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