(a) A proposed land division shall be approved, approved with conditions, or disapproved by the Community Development Director and the Assessor, or by the Planning Commission if the land division results in the creation of more than four new lots by metes and bounds description. Approval shall be based upon satisfaction of the following requirements:
(1) The application requirements contained in Section 1210.04 are met.
(2) All resulting parcels to be created by the proposed land division(s) shall fully comply with the applicable lot area and lot width requirements of the City's zoning ordinance for zoning district(s) in which resulting parcels are located.
(3) Each resulting parcel shall have the depth to width ratio as specified by the City's zoning ordinance for the zoning district(s) in which the resulting parcel is located. If the City's zoning ordinance does not specify a depth to width ratio, each resulting parcel which is ten acres or less in area shall have a depth which is not more than four times the width of the parcel. The width and depth of the resulting parcel shall be measured in the same manner as provided by the City's zoning ordinance for the measuring of the minimum width and maximum depth of parcels. A depth that is more than four times the width of the parcel may be permitted by the Community Development Director or the Planning Commission based upon the following standards:
A. Exceptional topographic or other physical conditions;
B. Compatibility with the surrounding lands;
C. Other conditions which at the discretion of the Community Development Director or the Planning Commission is sufficient to render the required depth to width ratio impractical or undesirable.
(4) Each resulting parcel shall have a means of vehicular access. If a means of vehicular access to a resulting parcel does not lawfully exist at the time a land division is applied for, the proposed division shall not be approved unless the following requirements are satisfied:
A. If a driveway is proposed as a means of access, each resulting parcel shall have an area where a driveway will lawfully provide vehicular access in compliance with applicable City ordinances.
B. If an easement is proposed as a means of access, the proposed easement shall be in writing and signed by the owner within which the easement is to be located. Such easement shall provide a lawful means of access over and across such parcel, in compliance with applicable City ordinances. The Community Development Director may require that all such easements be in recordable form and be recorded with the Ionia County Register of Deeds within the time required by Section 1210.07.
C. If a new public street is proposed as a means of access, the applicant shall provide proof that the road authority having jurisdiction has approved the proposed layout and construction design of the street and of utility easements and drainage facilities associated therewith.
(5) The proposed division, together with any previous division(s) of the same parent parcel or parent tract shall not result in a number of resulting parcels that is greater than permitted under section 108 of the act.
(6) Each resulting parcel that is a development site (as defined by the act) shall have adequate easements for public utilities from the resulting parcel to existing public utility facilities.
(b) The Community Development Director and Assessor, or the Planning Commission, shall approve or disapprove a proposed land division within forty-five days after the complete filing of the proposed division with the Community Development Director, and shall provide the person who filed the application written notice whether the application is approved, approved with conditions, or disapproved and, if disapproved, all the reasons for the disapproval.
(c) An applicant aggrieved by the decision of the Community Development Director and Assessor, or the Planning Commission, may, within thirty days of the decision, file a written appeal of the decision to the City Council, which shall consider and decide the appeal by a majority vote of the members present and voting at a public meeting. At least ten days' written notice of the date, time and place of the meeting at which the appeal is to be considered shall be given to the applicant by regular, first-class mail, directed to the applicant's address as shown in the application or in the written appeal. The City Council may affirm or reverse the decision of the Community Development Director and Assessor, or the decision of the Planning Commission, in whole or in part, and its decision shall be final.
(d) The Community Development Director and Assessor shall maintain a record of all land divisions approved by the City.
(Ord. 454. Passed 12-4-07.)