(A) Prohibited actions. The following actions are prohibited:
(1) The division or partitioning of a lot in a recorded plat without prior approval of the Planning Commission as required by this subchapter.
(2) The commencement of construction on, or the application for a building permit for such construction, on any portion of a lot in a plat that was divided without prior approval of the Planning Commission as required by this subchapter.
(3) The submission of any document for recording involving the division or partitioning of a lot in a recorded plat without prior approval of such division or partitioning by the Planning Commission as required by this subchapter.
(B) Lot division authority. After a plat has been fully approved and recorded, the Planning Commission may approve the partitioning or division of a lot therein in the following circumstances:
(1) No intent to create separate buildable lot. When the application states that the sole purpose of the requested division is to add land to adjoining existing lots or parcels and not to create a new separate buildable lot, the Planning Commission may approve the application, if the requested division will not cause any remaining portion of the original lot developed or intended for development in violation of any provision of this subchapter, or of the provisions of such zoning ordinance, as may be in effect at the time of such application, concerning minimum lot frontage/width, minimum lot area, and minimum setbacks.
(2) Intent to create new buildable lot. In situations not within the scope of the preceding paragraph, the Planning Commission may approve the division of a lot into not more than 4 parts, upon determining that the following criteria are satisfied:
(a) All of the resulting lots comply with the applicable requirements of this subchapter, and such zoning ordinance, as may be in effect at the time of the application, with respect to minimum lot frontage/width, minimum lot area, and minimum setbacks;
(b) The resulting lots will each have direct access to a street as required by this subchapter;
(c) The resulting lots will each have access to public and/or private utility services;
(d) All such resulting lots conform in all respects to all applicable ordinances and the Land Division Act;
(e) The proposed division will not cause an unreasonable detriment to any adjoining property;
(f) The proposed division will not for any other reason be contrary to the public health, safety, or general welfare.
(C) Application procedures.
(1) A request for lot division approval shall be initiated by filing an application with the administrative official, setting forth the purpose of the proposed division.
(2) The application form shall be accompanied by a survey showing the original lot and all lots proposed to result from the requested division, including all dimensions thereof and the legal descriptions therefor.
(3) The Planning Commission may approve a lot division, deny a lot division, or approve a lot division with appropriate lawful conditions.
(4) The Planning Commission shall conduct a public hearing on a lot division application in accordance with the provision of the Michigan Zoning Enabling Act, as amended.
(D) Application fee. The fee for consideration of a lot division application pursuant to this section shall be that fee as listed in the township’s schedule of fees, as approved from time to time by the Board.
(Ord. 175, passed 11-10-2008) Penalty, see § 151.99