Any division of property not covered by the subdivision plat or lot split review procedures of this chapter, by the Condominium Act, being M.C.L.A. §§ 559.101 et seq., or meeting the definition of an exempt split under the Land Division Act, being M.C.L.A. §§ 560.101 et seq., shall require review and approval under the terms of this section as a land division.
(A) Application for land division approval. An applicant shall file all of the following with the City Clerk or other official designated by the City Commission 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:
(1) A completed application form on such form as may be provided by the city;
(2) Proof of fee ownership of the land proposed to be divided;
(3) A survey map of the land proposed to be divided, prepared pursuant to the survey map requirements of Public Act 132 of 1970, being M.C.L.A. § 54.211, by a land surveyor licensed by the state and showing the dimensions and legal descriptions of the existing parcel and the parcels proposed to be created by the division(s), the location of all existing structures and other land improvements, and the accessibility of the parcels for vehicular traffic and utilities from existing public roads;
(a) In lieu of such 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 locally designated official prior to a final application under division (E) of this section;
(b) The City Commission or its designated agent delegated such authority by the governing body 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 nature of the 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;
(4) Proof that all standards of the State Land Division Act and this chapter have been met;
(5) The history and specifications of any previous divisions of land of which the proposed division was a part sufficient to establish the parcel to be divided was lawfully in existence as of March 31, 1997, the effective date of the State Land Division Act;
(6) Proof that all due and payable taxes or installments of special assessments pertaining to the land proposed to be divided are paid in full;
(7) If transfer of division rights are proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer;
(8) Unless a division creates a parcel which is acknowledged and declared to be not buildable under this chapter, all divisions shall 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 area, 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;
(9) The fee as may from time to time be established by resolution of the City Commission for land division pursuant to this chapter to cover the costs of review of the application and administration of this chapter and the State Land Division Act.
(B) Procedure for review of applications for land division approval.
(1) Upon receipt of a land division application package, the City Clerk or other official designated by the City Commission shall forthwith submit the same to the City Assessor or other designated official for decision. The City Assessor or other designee shall approve, approve with reasonable conditions to assure compliance with applicable ordinances and the protection of public health, safety and general welfare, or disapprove the land division applied for within 30 days after receipt of the application package conforming to this chapter’s requirements and shall promptly notify the applicant of the decisions and the reasons for any denial. If the application package does not conform to this chapter’s requirements and the State Land Division Act, the Assessor or other designee shall return the same to the applicant for completion and re-filing in accordance with this chapter and the State Land Division Act.
(2) Any person or entity aggrieved by the decision of the Assessor or designee may, within 30 days of the decision, appeal the decision to the City Commission or such other board or person designated by the City Commission which shall consider and resolve such appeal by a majority vote of the board or by the designee at its next regular meeting or session affording sufficient time for a 20 day written notice to the applicant (and appellant where other than the applicant) of the time and date of said meeting and appellate hearing.
(3) A decision approving a land division is effective for 90 days, after which it shall be considered revoked unless within such period a document is recorded with the County Register of Deeds Office and filed with the City Clerk or other designated official accomplishing the approved land division or transfer.
(4) The City Assessor or designee shall maintain an official record of all approved and accomplished land divisions or transfers.
(C) Standards for approval of land divisions. A proposed land division shall be approved if the following criteria are met:
(1) All the parcels to be created by the proposed land divisions(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 depth to width ratio, maximum lot (parcel) coverage and minimum setbacks for existing buildings/structures;
(2) The proposed land division(s) comply with all requirements of the State Land Division Act and this chapter;
(3) All parcels created and remaining have existing adequate accessibility, or an area available therefor, to a public road for public utilities and emergency and other vehicles not less than the requirements of the applicable zoning ordinance, major thoroughfare plan, road ordinance or this chapter. In determining adequacy of accessibility, any ordinance standards applicable to plats shall also apply as a minimum standard whenever a parcel or tract is proposed to be divided to create one or more parcels.
(4) The ratio of depth to width of any parcel created by the division does not exceed a four to one ratio exclusive of access roads, easements, or nonbuildable parcels created under this chapter and parcels added to contiguous parcels that result in all involved parcels complying with said ratio. The permissible depth of a parcel created by a land division shall be measured within the boundaries of each parcel from the abutting road right-of-way to the most remote boundary line point of the parcel from the point of commencement of the measurement. The permissible minimum width shall be as defined in the applicable zoning ordinance.
(5) Satisfactory evidence of the suitability of each proposed land division for on-site sewage disposal and a potable on-site water supply is provided from the Mid-Michigan Health Department or State Department of Environmental Quality unless public water and sewer service is available to the site.
(D) Allowance for approval of other land divisions. 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 applicable zoning ordinance or this chapter may be approved in any of the following circumstances:
(1) Where the applicant executes and records an affidavit or deed restriction with the County Register of Deeds, in a form acceptable to the city, designating the parcel as not buildable. Any such parcel shall also be designated as not buildable in the city records and 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 be developed with any building or above ground structure exceeding four feet in height and shall not be used for human habitation;
(2) Where, in circumstances not covered by subsection (1) above, the Zoning Board of Appeals has, previous to this chapter, granted a variance from the lot, yard, depth to width ratio, frontage and/or area requirements with which the parcel failed to comply;
(3) Where the proposed land division involves only the minor adjustment of a common boundary line or involves a conveyance between adjoining properties which does not result in either parcel violating this chapter, any applicable zoning ordinance or the State Land Division Act.
(E) Consequences of noncompliance with land division approval requirement. Any parcel created in noncompliance with this chapter shall not be eligible for any building permits or zoning approvals, such as special land use approval or site plan approval, and shall not be recognized as a separate parcel on the assessment roll. In addition, violation of this chapter shall subject the violator to the penalties and enforcement actions set forth in § 154.99 and as may otherwise be provided by law.
(Ord. 509, passed 4-22-2002)