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§ 151.06 PROCEDURES FOR REVIEW OF APPLICATIONS FOR LAND DIVISION APPROVAL.
   (A)   Upon receipt of a land division application package, the Township Clerk shall forthwith submit the same to the Township Assessor or other designated official for decision. The Township Assessor or other designee shall approve, with reasonable conditions to assure compliance with applicable ordinances and the protection of public health, safety, and general welfare, or disapprove the land division applied for within 30 days after receipt of the application package conforming to the requirements of this chapter, and shall promptly notify the applicant in writing of the decision and the reasons for any denial. If the application package does not conform to the requirements of this chapter and the State Land Division Act, the Assessor or other designee shall return the same to the applicant for completion and refiling in accordance with this chapter and the State Land Division Act.
   (B)   Any other person or entity aggrieved by the decision of the Assessor or designee may, within 30 days of the decision, appeal the decision to the Montrose Township Board, or the other board or person designated by the Township Board, which shall consider and resolve the appeal by a majority vote of the board or by the designee at its next regular meeting, affording sufficient time for 20 days written notice to the applicant (and appellant where other than the applicant) of the time and date of the meeting and appellate hearing.
   (C)   Any notice of approval for a resulting parcel of less than 1 acre in size shall contain a statement that the township is not liable if a building permit is not issued for the parcel for the reason that the parcel does not have access to public water or sewer, or the approval of the Genesee County Health Department for on-site water supply or on-site sewage disposal if the application package does not conform to the requirements of this chapter or the State Land Division Act.
   (D)   A decision approving a land division is effective for 90 days, after which it shall be considered revoked unless within the period a document is recorded with the County Register of Deeds Office and filed with the municipal clerk or other designated official accomplishing the approved land division or transfer.
   (E)   The Township Assessor or designee shall maintain an official record of all approved and accomplished land divisions or transfers.
(Ord. 112, passed 6-15-1998) Penalty, see § 151.99
§ 151.07 STANDARDS FOR APPROVAL OF LAND DIVISIONS.
   A proposed land division shall be approved if the following criteria are met.
   (A)   All the parcels to be created by the proposed land division(s) fully comply with the applicable lot (parcel), yard and area requirements of the Montrose Township Zoning Ordinance, including, but not limited to, minimum lot (parcel) frontage/width, minimum road frontage, minimum lot (parcel) area, minimum lot width and depth ratio, and maximum lot (parcel) coverage and minimum setbacks for existing buildings/structures.
   (B)   The proposed land divisions comply with all requirements of the State Land Division Act and this chapter.
   (C)   All parcels created and remaining have existing adequate accessibility, or an area available therefor, to a public road for public utilities and emergency and other vehicles not less than the requirements of the Montrose Township Zoning Ordinance or other applicable ordinances of the township, of a major thoroughfare plan, of a road ordinance or of this chapter. In determining adequacy of accessibility, any ordinance standards applicable to plats shall also apply as a minimum standard whenever a parcel or tract is proposed to be divided to create 4 or more parcels.
   (D)   The ratio of depth to width of any parcel created by the division does not exceed that provided for in the Township Zoning Ordinance.
   (E)   Where accessibility is to be provided by a proposed new dedicated public road, proof that the Genesee County Road Commission or Michigan Department of Transportation has approved the proposed layout and construction design of the road and of utility easements and drainage facilities connected therewith.
   (F)   Where accessibility by vehicle traffic and for utilities is permitted through other than a dedicated and accepted public road or easement, the accessibility shall comply with §18.06 of the Township Zoning Ordinance.
(Ord. 112, passed 6-15-1998) Penalty, see § 151.99
§ 151.08 ALLOWANCE FOR APPROVAL OF OTHER LAND DIVISIONS.
   Notwithstanding disqualification from approval pursuant to this chapter, a proposed land division which does not fully comply with the applicable lot, yard, accessibility, and area requirements of the Montrose Township Zoning Ordinance or this chapter may be approved in any of the following circumstances:
   (A)   Where the applicant executes and records an affidavit or deed restriction with the Genesee County Register of Deeds, in a form acceptable to the township, designating the parcel as “not buildable.” Any such parcel shall also be designated as “not buildable” in the township’s records and shall not thereafter be the subject of a request to the Township’s Zoning Board of Appeals for variance relief from the applicable lot and/or area requirements, and shall not be developed with any building or above-ground structure four feet in height;
   (B)   Where, in circumstances not covered by division (A) above, the Zoning Board of Appeals has, previous to this chapter, granted a variance from the lot, yard, ratio, frontage, and/or area requirements with which the parcel failed to comply; and/or
   (C)   Where the proposed land division involves only the minor adjustment of a common boundary line or involves a conveyance between adjoining properties which does not result in either parcel violating this chapter, the Montrose Township Zoning Ordinance, or the State Land Division Act.
(Ord. 112, passed 6-15-1998) Penalty, see § 151.99
§ 151.09 CONSEQUENCES OF NONCOMPLIANCE WITH LAND DIVISION APPROVAL REQUIREMENT.
   Any parcel created in noncompliance with this chapter shall not be eligible for any building permits, or zoning approvals, such as special land use approval or site plan approval, and shall not be recognized as a separate parcel on the assessment roll. In addition, violation of this chapter shall submit the violator to the penalties and enforcement actions set forth in §151.99, and as may otherwise be provided by law.
(Ord. 112, passed 6-15-1998)
§ 151.10 EFFECTIVE DATE.
   This chapter shall take effect July 1, 1998.
(Ord. 112, passed 6-15-1998)
SUBDIVISION DEVELOPMENT
§ 151.20 TITLE.
   This subchapter shall be known as the Montrose Charter Township Subdivision Development Ordinance.
(Ord. 175, passed 11-10-2008)
§ 151.21 PURPOSE.
   The purpose of this subchapter is to promote the public safety, health and general welfare by facilitating the orderly layout and development of land subdivided into plats pursuant to the Land Division Act of the State of Michigan, Public Act 288 of 1967, as amended, and further pursuant to the Township Ordinances Act, Public Act 246 of 1945, as amended.
(Ord. 175, passed 11-10-2008)
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