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(A) Application to divide a lot, acreage parcel or tract shall be made on forms provided by the township.
(B) An applicant shall file all of the following with the Township Clerk for review and approval of a proposed land division before making any division either by deed, land contract, lease or for building development:
(1) Names, addresses and phone numbers of all owners of record, including all parties to a land contract or purchase agreement, and their signatures. Separate written consent to the proposed division by fee simple owners may be accepted by the township in lieu of signatures on the application form;
(2) The applicant’s name, address, phone number and signature;
(3) The parcel identification number(s) of the parent parcel or parent tract;
(4) A true and accurate survey, including both a drawing to scale and full legal description, of the parent parcel or tract and of all parcels which would result from the proposed division of the parent parcel or tract. The survey shall include the following:
(a) All dimensions of existing and proposed property lines and easements;
(b) Location of all existing buildings, wetlands, lakes, streams, ponds, drives, public and private roads, easements, wells and septic fields, including setbacks from all property lines;
(c) The size (in square feet and acres) of each resulting parcel;
(e) Setbacks from property lines to all proposed buildings, drives, easements, wells and septic systems.
(5) Written verification and proof of ownership, by warranty deed, quit claim deed, land contract or other legal document of conveyance, which identifies the owner(s) of the parent parcel or parent tract;
(6) A written statement, signed and attached to the application form by the applicant and all owners of record, stating whether the right to make further divisions exempt from the platting process requirements of Public Act 591 of 1996, being M.C.L.A. §§ 560.101 et seq., the Land Division Act, has been transferred or otherwise conveyed;
(7) A written statement, signed and attached to the application form by the applicant and all owners of record, stating that: “The deeds for all resulting parcels that are the subject of this application shall contain the following statement: This property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors and other associated conditions may be used and are protected by the State Right To Farm Act”, Public Act 93 of 1981, being M.C.L.A. §§ 286.471 et seq.;
(8) Additional information may be required by the township to verify application information, geographic site data or to clarify status of other governmental reviews and approvals; and
(9) All applicable review fees as established by resolution of the Township Board.
(Ord. 19, passed 12-10-1997)
All applications for proposed divisions of lots or acreage parcels shall be reviewed in conformance with the following process.
(A) Two resulting parcels or lots. If the proposed division will create two resulting parcels, or involves a division and recombination with another adjoining property, the following procedure will be followed.
(1) Applicant submits three copies of the information required in § 151.05 to the Township Clerk.
(2) The Township Clerk forwards copies of all application materials to the Township Assessor, and to the Planner and Engineer, if requested by the Clerk or Assessor.
(3) The Township Clerk and Assessor review the application package for completeness, accuracy and conformance with zoning requirements for lot area, width, frontage and width-to-depth ratio within 45 days.
(4) Any division that does not comply with township zoning requirements for lot area, width, frontage or width-to-depth ratio shall not be approved. Variances from these requirements shall only be granted by the Zoning Board of Appeals (ZBA), which requires a separate application and review fee.
(5) If all required information has been submitted in accordance with § 151.05, and all information and the proposed divisions demonstrate conformance with this chapter, the Clerk and Assessor shall grant approval of the division(s). If the proposed application and division do not comply with this chapter, the application shall be denied. All approvals and denials shall be in writing.
(B) More than two parcels/lots; or if any road is proposed. If the proposed division will create more than two resulting parcels, or requires construction of a road, review and approval by the Planning Commission is required in accordance with the following procedure.
(1) Applicant submits ten copies of the information required in § 151.05 to the Township Clerk at least 21 days prior to the next regular Planning Commission meeting.
(2) Township Clerk forwards copies of application materials to Planning Commission, Township Assessor, Planner and engineer for their review.
(3) Planning Commission, Township Assessor and Planner review application package for completeness, accuracy, conformance with zoning requirements for lot area, width, frontage and width-to-depth ratio.
(4) Divisions that do not comply with township zoning requirements for lot area, width, frontage or width-to-depth ratio shall not be approved. Variances from these requirements shall only be granted by the Zoning Board of Appeals (ZBA), which requires a separate application and review fee.
(5) Upon finding that the proposed divisions meet all applicable ordinance requirements, the Township Planning Commission shall recommend approval of the split. If the proposed application and division does not comply with this chapter, the Planning Commission shall recommend conditional approval or denial. All recommendations for approvals, conditional approvals, and denials shall be in writing.
(6) Following Planning Commission review and recommendation, the Township Clerk and Assessor shall:
(a) Verify that all conditions of Planning Commission approval have been met (if applicable); and
(b) Verify Planning Commission and Township Board approval of any private road(s) proposed in conjunction with the proposed division(s).
(7) The Township Clerk and Assessor shall grant final approval of the proposed division(s) upon verification of the information in division (B)(1) above.
(8) After final approval, the Assessor shall process the proposed division(s), Lands and Graphics will assign and issue new parcel identification number(s), and update taxation and assessment records accordingly.
(Ord. 19, passed 12-10-1997) Penalty, see § 10.99
Cross-reference:
Divisions that have not been approved by the township shall not constitute valid divisions under the terms of this chapter, shall not be placed on the tax roles and shall not be eligible for any development or activity requiring a building permit from the township.
(Ord. 19, passed 12-10-1997)
Applications for all land divisions shall meet the following standards prior to approval.
(A) All resulting parcels created by a division, including the remainder of the parent parcel, shall comply with Township zoning ordinance requirements for minimum lot area, width, frontage and width to depth ratio.
(B) Public or private road rights-of-way and/or easements shall not be included in calculations for determining lot area or width.
(C) The layout and design of land divisions and lot splits shall demonstrate that any future divisions will be logical and promote sound community planning and design.
(D) Divisions shall be designed to facilitate provision of emergency services and logical extensions of future public utilities.
(E) Divisions shall be designed to reduce the need for excessive numbers of driveways onto adjacent roads.
(F) Minimum lot width shall be measured from the edge of the existing right-of-way or easement of the public or private road.
(G) Corner parcels shall be least 20% wider than the minimum lot width required in the zoning ordinance.
(H) No parcel shall require driveway lengths in excess of 600 feet.
(I) Adjoining lots shall not have a front yard to rear yard relationship, where houses on the same side of the same street are situated behind one another.
(J) The proposed division is in compliance with Public Act 591 of 1996, being M.C.L.A. §§ 560.101 et seq., the Land Division Act, as amended.
(L) Adequate easements for public utilities from the parcel to existing public utility facilities are provided.
(M) The parent parcel and resulting parcels do not include any parcels or lots within a condominium development approved by the township.
(N) If the proposed division creates resulting parcels that are less than the minimum lot area or size required by Public Act 591 of 1996, being M.C.L.A. §§ 560.101 et seq., the Land Division Act, as amended, or the township zoning ordinance, the applicant shall also file with the township a duly executed affidavit, suitable in form for recording with the County Register of Deeds, signed by all persons having a legal or equitable interest in the resulting parcel(s), stating that the resulting parcel(s) will not thereafter be developed or used separately, but only in conjunction with adjoining parcels which, when joined together, shall satisfy the minimum lot area and size requirements of Public Act 591 of 1996, as amended, and the township zoning ordinance.
(O) Payment of all taxes due on the parent parcel or parent tract is required.
(Ord. 19, passed 12-10-1997)
(A) The township shall have at least 45 days from the date of submittal of a complete application to review the proposed division to verify that it complies with Public Act 591 of 1996, being M.C.L.A. §§ 560.101 et seq., the Land Division Act, as amended, other applicable statutes of the state, and all ordinances of the township. Applications requiring Planning Commission review must be received by the Township Clerk at least 21 days prior to the meeting.
(B) Where a private road is proposed in conjunction with any proposed division, review and approval of said road in conformance with §§ 91.01 through 91.06 shall occur concurrently with application for property division. An application for property division may not be considered complete until approval of the private road in conformance with §§ 91.01 through 91.06.
(Ord. 19, passed 12-10-1997)
Cross-reference:
After the effective date of this chapter, prior to the issuance of any building permit for construction upon a resulting parcel, the applicant for the building permit shall provide the following to the Township Building Inspector.
(A) Written verification and evidence of approval of the division of the subject parcel by the township.
(B) A copy of the survey, with legal description and drawing of said parcel(s) of property.
(C) A recorded copy of the legal document which establishes the applicant’s ownership interest in the property.
(D) The parcel identification (tax) number which has been assigned to the subject property.
(Ord. 19, passed 12-10-1997) Penalty, see § 10.99
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