An applicant shall file all of the following with the City Assessor for review before making any division either by deed, land contract, lease for more than one year, or for building development:
(A) A completed application form on such form as may be provided by the city.
(B) A survey map of the land proposed to be divided, prepared pursuant to the survey map requirements of 1970 PA 132, as amended (M.C.L.A.§ 54.211) by a land surveyor licensed by the State of Michigan, and showing the dimensions and legal descriptions of the existing parcel and the parcels proposed to be created by the division(s), the location or all existing structures and other land improvements, and accessibility of the parcels for vehicular traffic and utilities from existing public roads.
(1) In lieu of such a survey map, at the applicant's option, the applicant may waive the 30 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 parcel map drawn to scale of not less than that provided for on the 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 of Mount Pleasant Land Division Board prior to a final application under § 155.05.
(2) The City Land Division Board may waive the survey map requirement where the foregoing tentative parcel map is deemed to contain adequate information to approve a proposed land division considering the size, simple 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.
(C) Proof that all standards of the State Land Division Act and this chapter have been met. The City Land Division Board shall create and follow an appropriate checklist.
(D) The history and specifications since March 31, 1997, of any previous divisions of land proposed to be divided and its parent parcel or tract as defined by Section 102 of the State Land Division Act.
(E) If transfer of division rights are proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer.
(F) Unless a division creates a parcel which is acknowledged and declared to be “not buildable” under § 155.05(G), all divisions must result in “buildable” parcels containing sufficient “buildable” area outside of unbuildable wetlands, flood plains and other areas where buildings are prohibited therefrom, and with sufficient area to comply with all required setback provisions, minimum floor areas, off-street parking spaces, on-site sewage disposal and water well locations (where public water and sewer service is not available), and maximum allowed area coverage of buildings and structures on the site.
(G) A statement showing 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 city zoning ordinance, including, but not limited to, minimum lot (parcel) frontage/width, minimum road frontage, minimum lot (parcel) area, minimum lot width to depth ratio, and maximum lot (parcel) coverage and minimum set-backs for existing building(s)/structures.
(1) 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 city zoning ordinance or this chapter may be approved in any of the following circumstances:
(a) Where the applicant fails to provide a statement required by § 155.05(G), any such parcel shall be designated as “not buildable” in the city records, and, to the extent permitted by law, shall not thereafter be the subject of a request to the Zoning Board of Appeals for variance relief from the applicable lot and/or area requirements, and shall not, by itself, be developed with any building or above ground structure exceeding four feet in height.
(b) The City Land Division Board shall have the right to waive this requirement if it is persuaded that the substantive requirements to the city zoning ordinance will be met by the proposed land division(s).
(H) The fee as may from time to time be established by resolution of the City Commission for land division reviews pursuant to this chapter to cover the costs of review of the application and administration of this chapter and the State Land Division Act.
Cross reference:
Zoning ordinances, see