CHAPTER 27: LAND DIVISION AND COMBINATION
The purpose of this chapter is to carry out the provisions of the Michigan Land Division Act (Public Act 288 of 1967, as amended, formerly known as the Subdivision Control Act); to prevent the creation of parcels of property which do not comply with applicable ordinances and the Land Division Act; to minimize potential boundary disputes; to maintain and promote orderly development of the community; and otherwise provide for the health, safety and welfare of the residents and property owners of the city by establishing reasonable standards for prior review and approval of land divisions and combinations of land within the city.
(Ord. No. 338, § 1, 1-19-99)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSIBLE. Referring to a parcel, the parcel meets one or more of the applicable following requirements: (i) if a one family residential parcel, the parcel is located upon an existing public street constructed to the requirements of the codes, ordinances and engineering standards of the city, and the parcel has width not less than the minimum width for such a lot or parcel under the applicable section of the zoning ordinance; (ii) if a one family residential parcel, the parcel is located adjacent to right-of-way meeting the minimum standards of the city subdivision regulations, within which a public street meeting the requirements of the codes, ordinances and engineering standards of the city will be constructed as a condition of the parcel division and the parcel has frontage on a public street not less than the minimum width for such a lot or parcel under the applicable section of the zoning ordinance; (iii) if a parcel other than one family residential, the parcel has an existing driveway easement or public or private street constructed in accordance with the minimum requirements for such access under the codes, ordinances and engineering standards of the city, which access leads to an existing public street; or (iv) if a parcel other than one family residential, the parcel can have a driveway easement or public or private street which will lead to an existing public street, which access will be constructed in accordance with the applicable minimum requirements for such access under the codes, ordinances and engineering standards of the city as a condition of approval of the parcel division.
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.
COMBINE or COMBINATION. The addition or joining of a parcel, tract, lot or any part of the foregoing with an existing parcel, tract, lot or any part of such area of land to facilitate development or use as a separate zoning parcel or lot under the terms of the City Code and ordinances.
DIVIDE or DIVISION. Partitioning or splitting of a parcel or tract of land by the proprietor of such land 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 satisfies the requirements of sections 108 and 109 of the Land Division Act. Divide and division do 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 Land Division Act or the requirements of other applicable local ordinances.
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 City Council of the City of Sterling Heights.
LAND DIVISION ACT. Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended.
(Ord. No. 338, § 1, 1-19-99)
Land in the city shall not be divided or combined without the prior review and approval of the City Assessor, or other official designated by the City Council, in accordance with this chapter and the Land Division Act; provided that a parcel proposed for subdivision through a recorded plat pursuant to the Land Division Act or a parcel which is proposed to be divided into units through an approved condominium plan pursuant to the Condominium Act shall be exempt from this requirement. A division or combination of land relating to land which has a separate legal description previously created as a result of creating a condominium in compliance with the Condominium Act or a subdivision in compliance with the Subdivision Control Act of 1967, as amended, shall require review and approval under this chapter, unless the condominium plan or subdivision plan is amended in compliance with the applicable statute.
(Ord. No. 338, § 1, 1-19-99)
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