Sec. 74-199. Application for land division approval.
An applicant shall file all of the following with the city assessor for review and approval of a proposed land division before making any division either by deed, land contract, lease for more than one year, or for building development:
   (1)   A completed application form on such form as may be provided by the city.
   (2)   Proof of fee ownership of the land proposed to be divided.
(3)   a.   A survey map of the land proposed to be divided, prepared pursuant to the survey map requirements of Public Act No. 132 of 1970 (MCL 54.211 et seq.) by a land surveyor licensed by the state and showing the dimensions and legal descriptions of the existing parcel and the parcels proposed to be created by the division, the location of all existing structures and other land improvements, and the accessibility of the parcels for vehicular traffic and utilities from existing public roads.
      b.   In lieu of such survey map, at the applicant's option, the applicant may waive the 45-day statutory requirement for a decision on the application until such survey map and legal description are filed with the city and submit a tentative preliminary application form, including an accurate legal description of each proposed division, and showing the boundary lines, dimensions and the accessibility of each division from existing or proposed public roads for automobile traffic and public utilities for preliminary review, approval and/or denial by the city assessor prior to a final application under this section.
      c.   The city assessor may waive the certified survey map requirement where the tentative parcel map is deemed to contain adequate information to approve a proposed land division considering the size, simple nature of the divisions, and the undeveloped character of the territory within which the proposed divisions are located. An accurate legal description of all the proposed divisions, however, shall at all times be required.
   (4)   Proof that all standards of the Land Division Act (MCL 560.101 et seq.) and this article have been met.
   (5)   The history and specifications of any previous divisions of land of which the proposed division was a part sufficient to establish the parcel to be divided was lawfully in existence as of March 31, 1997.
   (6)   Proof that all due and payable taxes or installments of special assessments pertaining to the land proposed to be divided are paid in full.
   (7)   If transfer of division rights are proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer.
   (8)   Unless a division creates a parcel which is acknowledged and declared to be not buildable under section 74-202, all divisions shall result in buildable parcels containing sufficient buildable area outside of unbuildable wetlands, floodplains, and other areas where buildings are prohibited, and with sufficient area to comply with all required setback provisions, minimum floor area, off-street parking spaces, on-site sewage disposal and water well locations (where private wells and on-site sewage disposal is permitted by the city), and maximum allowed area coverage of buildings and structures on the site.
   (9)   The required fee as may be established by resolution of the city council for land division pursuant to this article to cover the costs of review of the application and administration of this article and the Land Division Act (MCL 560.101 et seq.).
(Ord. No. 131, § 5, 2-2-1998)