The following standards shall be used as the basis upon which applications for the division or partitioning of land are reviewed and approved:
(A) Compliance with state law. An application for division or partitioning of land shall not be approved unless it is in compliance with the Subdivision Control Act, Public Act 288 of 1967, as amended, being M.C.L.A. §§ 560.101 et seq. The village may permit the dividing or partitioning of lots, outlots or other parcels of land into not more than 4 parts; however, any lot, outlot or other parcel of land not served by public sewer and public water systems shall not be further partitioned or divided if the resulting lots, outlots or other parcels are less than the minimum width and area provided for in Section 186 of the Subdivision Control Act of 1967, being M.C.L.A. § 560.186. A lot which is a part of a recorded plat may not be divided or partitioned into more than 4 parts in perpetuity. An acreage parcel may be divided or partitioned as provided in Section 102(d) of the Subdivision Control Act of 1967, being M.C.L.A. § 560.102(d).
(B) Lot dimensional requirements. All parcels created as a result of division or partitioning of land shall comply with the minimum lot dimensional requirements, including lot size and lot width, minimum yard setback requirements and lot coverage requirements of the current village Zoning Ordinance, adopted in Chapter 158, except in the following circumstances:
(1) Where the proposed division or partitioning of land would reduce the degree of existing nonconformity with Zoning Ordinance standards; or
(2) Where the nonconforming parcel created as a result of the division or partitioning of land is intended to be combined with additional land for the purposes of creating a building site that conforms with the Zoning Ordinance requirements.
(C) Taxes or assessment liens. Any due or unpaid taxes, special assessments upon the property, or any amounts due to the municipality relating to the land which is the subject of the application, such as, but not limited to, charges for water service, sanitary sewer service, and trash collection service, shall be paid before the division or partitioning of land is given final approval.
(D) Depth to width ratio. Wherever possible, the depth to width ratio of a parcel created through land division or partitioning shall not exceed 3 to 1.
(E) Disruption to flow of water. No division or partitioning of land shall be approved if subsequent development would result in disruption to the existing or natural flow of water within drainage ditches, natural water courses, or government maintained drains, unless evidence of a feasible alternate method of drainage is presented.
(F) Consideration of deed restrictions. The effect of proposed division or partitioning of land on deed restrictions shall be considered by the Village Manager, Planning Commission and Village Council in their review of the application. However, such deed restrictions shall not be binding upon the village under this subchapter.
(G) Consent of the title holder. No division or partitioning of land shall be approved without the consent of the title or deed holder of the subject parcel.
(H) Character of surrounding development. In reviewing an application for division or partitioning of land, the Village Manager, Planning Commission and Village Council shall consider the impact of subsequent construction on the character of surrounding development. In evaluating character of surrounding development, the Village Manager, Planning Commission and Village Council shall consider the size, dimensions, and proportions of existing surrounding parcels.
(I) Parking requirements. An application for division or partitioning of land shall not be approved if it would result in a loss of parking such that development on any of the resulting parcels would be unable to comply with the minimum parking requirements in the Zoning Ordinance.
(J) Access. An application for division or partitioning of land shall not be approved unless all parcels created as a result of such division or partitioning have direct frontage upon a paved public road or a private road. Accessibility to each newly created parcel must be directly from the public or private road and not by easement across another parcel or lot.
(K) Public facilities.
(1) An application for division or partitioning of land shall not be approved unless the resulting parcels are served by public facilities, including, but not limited to, water, sanitary sewer, and paved rights-of-way.
(2) As a condition of approval, the Village Council may require the applicant to install public facilities in accordance with specifications established by the village, or to guarantee the installation of public facilities in the form of a cash performance bond or an irrevocable letter of credit running in the favor of the village, in the amount of the estimated cost of the installation of the public facilities, together with the estimated cost of the review by the Village Engineers of the applicant's proposed plans for the installation of the public facilities. The entire cost of installation of public facilities, including the cost of the Village Engineers review plans and inspection of construction, shall be the responsibility of the applicant.
(3) In extraordinary situations, as determined by the Village Council, where properties cannot feasibly be served by public facilities, and the Village Council issues a waiver of the requirement of resulting parcels being served by public facilities, then the minimum width and area of resulting parcels as required in Section 186 of the Subdivision Control Act of 1967, as amended, being M.C.L.A. § 560.186, shall apply.
(Ord. 25.01, passed 9-9-85; Am. Ord. 25.02, passed 1-10-94)