The purpose of this chapter is to carry out the provisions of the State Land Division Act (Public Act 288 of 1967, as amended, formerly known as the Subdivision Control Act):
(A) To prevent the creation of parcels of property which do not comply with applicable ordinances and said Act;
(B) To minimize potential boundary disputes, to maintain orderly development of the community; and
(C) To otherwise provide for the health, safety, and welfare of the residents and property owners of the township by establishing reasonable standards for the prior review and approval of land divisions within the township.
(Ord. 97-3, passed 5-28-1997; Ord. 021-07, passed 11-10-2021)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSIBLE or ACCESSIBILITY. In reference to a parcel, that the parcel meets one or both of the following requirements:
(1) The parcel has an area where a driveway provides vehicular access to an existing road or street and meets all applicable location standards of the County Road Commission or, where applicable, the Michigan Department of Transportation, under Act No. 200 of the Public Acts of 1969 (M.C.L.A. §§ 247.321 through 247.329); or has an area where a driveway can provide vehicular access to an existing road or street and meet all such applicable location standards and the requirements of the township zoning ordinance.
(2) The parcel is served by an existing easement that provides vehicular access to an existing road or street and that meets all applicable location standards of the County Road Commission or, where applicable, the Michigan Department of Transportation, under Act No. 200 of the Public Acts of 1969 (M.C.L.A. §§ 247.321 through 247.329); or can be served by a proposed easement that will provide vehicular access to an existing road or street and that will meet all such applicable location standards.
APPLICANT. A natural person, firm, association, partnership, corporation, or combination of any of them, that holds an ownership interest in land, whether recorded or not.
DEVELOPMENT SITE. Any parcel or lot on which exists or which is intended for building development other than the following:
(1) Agricultural use involving the production of plants and animals useful to humans, including forages and sod crops; grains, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stocks; fruits; vegetables; Christmas trees; and other similar uses and activities.
(2) Forestry use involving the planting, management, or harvesting of timber.
DIVIDED or DIVISION.
(1) The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and that satisfies the requirements of §§ 108 and 109 of the Land Division Act.
(2) Does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the State Land Division Act, or the requirements of other applicable local ordinances.
EXEMPT SPLIT or EXEMPT DIVISION. The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns that does not result in one or more parcels of less than 40 acres or the equivalent.
FORTY ACRES OR THE EQUIVALENT. Either 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres.
GOVERNING BODY. The Township Board.
PARENT PARCEL or PARENT TRACT. A parcel or tract, respectively, lawfully in existence on March 31, 1997.
TRACT. Two or more parcels that share a common property line and are under the same ownership.
(Ord. 97-3, passed 5-28-1997; Ord. 021-07, passed 11-10-2021)
Land in the township shall not be divided without the prior approval of the Township Assessor, or other official designated by the governing body, in accordance with this chapter and the State Land Division Act; provided that the following shall be exempted from this requirement:
(A) A parcel proposed for subdivision through a recorded plat pursuant to the State Land Division Act and any township subdivision control chapter.
(B) A lot in a recorded plat proposed to be divided in accordance with the State Land Division Act and any township subdivision control chapter.
(C) An exempt split as defined in this chapter, or other partitioning or splitting that results in parcels of 20 acres or more if each is not accessible and the parcel was in existence on March 31, 1997 or resulted from exempt splitting under the State Act.
(Ord. 97-3, passed 5-28-1997; Ord. 021-07, passed 11-10-2021)
An applicant shall file all of the following with the Township Assessor, or other official designated by the governing body, for review and approval of a proposed land division 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 Township Board.
(B) Proof of fee ownership of the land proposed to be divided.
(C) A tentative parcel map drawn to scale including an accurate legal description of each proposed division, and showing the boundary lines, approximate dimensions, and the accessibility of each division for automobile traffic and public utilities; as well as the location of existing structures relative to the proposed boundary lines.
(D) Proof that all standards of the State Land Division Act and this chapter have been met.
(E) If a transfer of division rights is proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer.
(F) Pay the applicable fee. Said fee shall be established by a fee schedule covering the costs of review of the application and administration of this chapter and the State Land Division Act as set from time to time by resolution of the Township Board.
(Ord. 97-3, passed 5-28-1997; Ord. 021-07, passed 11-10-2021)
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