A proposed land division shall be approved if the following criteria are met:
(1) All the parcels to be created by the proposed land division fully comply with the applicable lot (parcel), yard and area requirements of the zoning ordinance, including but not limited to the provisions of section 94-121 of this Code for minimum lot (parcel) width, minimum road frontage, minimum lot (parcel) area, minimum lot depth-to-width ratio, and maximum lot (parcel) coverage and minimum setbacks for existing buildings/structures.
(2) The proposed land division complies with all requirements of the Land Division Act (MCL 560.101 et seq.) and this article.
(3) All parcels created and remaining have existing adequate accessibility, or an available access to a public road for public utilities and emergency and other vehicles not less than the requirements of the zoning ordinance, major thoroughfare plan, or this article. In determining adequacy of accessibility, the standards applicable to plats shall also apply as a minimum standard whenever a parcel or tract is proposed to be divided to create four or more parcels.
(4) Parcel depth and width requirements.
a. The ratio of depth to width of any parcel created by the division shall comply with the requirements of section 74-133(a)(2) exclusive of access roads, easements or nonbuildable parcels created under section 74-202, and parcels added to contiguous parcels that result in all involved parcels complying with that ratio.
b. The permissible depth of a parcel created by a land division shall be measured within the boundaries of each parcel from the abutting road right-of-way to the most remote boundary line point of the parcel from the point of commencement of the measurement.
c. The permissible minimum width shall be as defined in article II of this chapter for each resulting parcel of ten acres or less.
(5) In the case of any proposed land division resulting in four or more residential developmental parcels, each parcel shall have frontage on or shall abut a public street or highway or a private road constructed in accordance with a final site plan approved pursuant to chapter 94 of this Code.
(6) In the absence of applicable zoning or other ordinances providing a different standard, all parcels created by a land division shall comply with the following minimum standards:
a. Where accessibility is to be provided by a proposed new dedicated public road, proof that the city engineer, county road commission, or state department of transportation has approved the proposed layout and construction design of the road and of utility easements and connected drainage facilities.
b. Where accessibility by vehicle traffic and for utilities is permitted through other than a dedicated and accepted public road or easement, or private road approved by the planning commission pursuant to a community unit plan, such accessibility shall comply with the following:
1. Design standards for minor streets prescribed in Division 3 of Article II of this chapter.
2. Required improvements for minor streets prescribed in Division 4 of Article II of this chapter.
3. If accessibility is by a private road or easement, a document acceptable to the city manager shall be recorded with the county register of deeds and filed with the city assessor or his designee specifying the method of private financing of all maintenance, improvements and snow removal, the apportionment of these costs among those benefited, and the right of the city to assess such costs against those properties benefited, plus a 25 percent administrative fee, and to perform such improvements in the event of a failure of those benefited to privately perform these duties for the health, safety and general welfare of the area.
4. No private road shall or easement shall extend for more than 1,000 feet from a public road.
5. No private road shall serve more than 25 separate parcels.
(7) In the case of each resulting parcel that is a development site, satisfactory evidence of adequate easements for public utilities from the parcel to existing public utilities.
(Ord. No. 131, § 7, 2-2-1998; Ord. No. 152, 5-1-2006; Ord. 222, § 39, 12-3-2018)
State law references—Approval standards for divisions, MCL 560.109.