[HISTORY: Adopted by the Village Council of the Village of New Haven 4-19-2016 by Ord. No. 340. Amendments noted where applicable.]
This chapter shall be known and cited as the "Village of New Haven Land Division and Combination Ordinance."
This chapter shall apply to the division or combination of unplatted land not resulting in a subdivision as defined and regulated by Section 102 of the State of Michigan Subdivision Control Act of 1967, as amended, and the further division of platted land pursuant to Section 263 of said Act.
The requirements of this chapter shall not apply where there is a minor adjustment of a common boundary line to correct an existing problem and where such does not change the Sidwell numbering system.
After review and written recommendation from the Zoning Administrator to the Village Council, and upon approval, Council shall submit to the Lenox Township Assessor.
This chapter has been enacted to:
Implement a definite and orderly procedure for land division or combination.
Implement sound planning techniques and principles.
Minimize the number of variances sought from the Zoning Board of Appeals by innocent third parties who purchased substandard lots.
Ensure that newly created parcels are not landlocked and that parcels without the requisite frontage on a public road are given sufficient easement width and quality to ensure adequate access to a public road.
Protect innocent third parties from purchasing substandard lots (i.e., a building permit will not be issued).
Monitor the creation of new parcels of land.
Land in the Village shall not be divided or combined or attempted to be divided or combined without the prior approval of the Village Council of the Village of New Haven. No building permit shall be issued on parcels or lots which are not in compliance with this chapter or state law.
The division or combination of any parcel of land shall require the approval of the Village Council prior to the effective date of such division or combination. In the review of the application for the lot division or combination, the Village Council shall review the report and recommendation of the Village Planner and shall determine the conformity with the requirements of this chapter and the Village of New Haven Zoning Ordinances and shall not approve any land division or combination which is not in conformity with the same and other requirements of the Subdivision Control Act of 1967, as amended, MCLA § 560.101 et seq.
A proposed land division or combination shall be approved if the following criteria are met:
All parcels created by the proposed division(s) or combination(s) comply with the applicable lot (parcel), yard and area requirements of the 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, maximum lot (parcel) coverage and minimum setbacks for existing buildings/structures.
All parcels created and remaining have existing adequate accessibility, as defined in § 319-10 of this chapter, or an area available to provide such accessibility to a public road for public utilities and emergency and other vehicles not less than the requirements of the applicable Zoning Ordinance, master road 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 four or more parcels.
There is adequate storm drainage and public utilities to serve the parcels created by the division or combination, and suitable easements are provided to allow the extension of adequate storm drainage and public utilities in the future.
All taxes and special assessments on the properties sought to be divided or combined have been paid.
The ratio of depth to width of any parcel created by the division or combination does not exceed a four-to-one ratio. The permissible depth of a parcel created by a land division or combination shall be measured within the boundaries or 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 defined in the applicable Zoning Ordinance or, in the absence thereof, as specified in Subsection B(6)(a) and (b) of this section.
For corner lots or parcels, the depth of the property shall be measured along the longest front property line which is parallel to or is generally parallel to the public or private street right-of-way or easement. The width of the corner lot or parcel shall be that front property line which is parallel to or is generally parallel to the public or private street right-of-way or easement and is the shorter of the two front lot lines. Where such lines are of equal length, the Village Planner shall determine which property line to use for the purposes of determining width to depth for the purposes of this section.
The Planning Commission may permit the division or combination of a lot or parcel which does not comply with the above provisions, provided that the following findings are made:
The greater depth-to-width ratio is necessitated by conditions of the land which make compliance with this section impractical. Such conditions may include topography, road access, soil conditions, wetlands, floodplains, water bodies or other similar unique conditions;
The division or combination of land and use of such land will not conflict with other federal, state, county or village ordinances or regulations, unless an appropriate variance of approval is granted as required or permitted by such ordinances or regulations.
The proposed division or combination shall not cause any existing building or structure to become nonconforming.
If the parcel or lot which is the subject of the proposed land division or combination is located at the end of a stub street, the applicant agrees, as a condition of approval of the land division or combination, to design and install a cul-de-sac meeting the Village's standards which has been approved by the Village Engineer. Installation of the proposed cul-de-sac or street extension must be completed prior to the approval of the land division.
The proposed division or combination would not result in a parcel containing more than one zoning classification, unless the Village has determined that multiple zoning classifications on a resultant parcel promotes orderly and harmonious development between adjacent parcels, such as creating a desirable transition buffer between adjacent parcels of different zoning classifications.
The proposed division or combination complies with such additional written regulations, additional conditions and safeguards which have been established by the Village deemed to ensure compliance with the requirements of this chapter.
Any required roadways or streets shall be completed to the Village's specifications and accepted as public roads by the Village of New Haven.
No private road shall be created as a result of land division or combination.
No lot in a recorded plat shall be divided into more than four parts, and the resulting lots shall not be less area than permitted by the Zoning Ordinance of the Village. No building permit shall be issued nor building construction commenced until the division has been approved and the provisions of this chapter shall have been complied with by the proprietor.
Any owner of land within the Village of New Haven desiring to divide or combine the same shall present a written application thereof to the Village Clerk prior to any instrument being recorded purporting to divide said property.
The application so presented shall include the following:
Legal documents showing the ownership of all properties involved in the division or combination.
A survey or sketch showing the dimensions of the original or parent parcel, tract, lot or outlot to be divided or combined. The survey shall also show names of all existing and proposed streets and rights-of-way; all existing structures and physical features which would influence the layout and design of the proposed divisions or combination; and the location, width and purpose of easements.
A survey, prepared by a registered land surveyor in the State of Michigan, providing the following. The survey shall be prepared on durable white paper, to a scale not greater than 300 feet to one inch, and a sheet size of 8 1/2 inches by 11 inches or 8 1/2 inches by 14 inches.
The legal description of the individual parcels or lots to be created;
The map showing the size and dimensions of each parcel or lot to be created; all streets existing or proposed; location, size, width and purpose of any easements; the size and location of any existing buildings; and the dimensions to the proposed lot line;
The zoning classification of all proposed lots or parcels.
In the event that the proposed division or combination will result in parcels, tracts, lots or outlots being less than the minimum area or size required by the applicable provisions of the State Subdivision Control Act and/or the New Haven Zoning Ordinance, the proprietor shall also file with the Clerk a duly executed affidavit suitable in form for recording with the Macomb County Register of Deeds, signed by all persons having a legal or equitable interest in said parcels, tracts, lots or outlots acknowledging that they understand that said parcels, tracts, lots or outlots may not thereafter be developed for use separately, but only in conjunction with adjoining parcels, tracts, lots or outlots which, when together; shall satisfy the minimum area and size requirements of said Act and/or ordinance.
The Zoning Administrator shall examine the proposed divisions or combination as to whether they comply with the applicable provisions of this chapter, and that the resultant parcels, tracts, lots or outlots are of sufficient area and size so as to comply with applicable provisions of the Village of New Haven Zoning Ordinance. The Village Clerk may request the opinions of the Village Attorney, Engineer or Planner or seek the advice of state or county departments.
If it appears that there may be a violation of the Village of New Haven Zoning Ordinance or the State Subdivision Control Act, the Village shall return the documents to the applicant until such conflict is resolved.
The Village Planner shall make its review and then submit its recommendations to the Village Council.
The application, all pertinent documents and the review and recommendation of the Village Planner shall then be submitted to Village Council for its action.
If the Village Council approves the lot split or combination, a resolution of lot consolidation or lot division shall be drafted by the Village Attorney and adopted by Council. A copy of the resolution, the survey, and the legal description shall be submitted to the Macomb County Land File/Tax Mapping Division and the Lenox Township Assessor.
The Village Planning Commission may recommend to the Village Council a variance from the provisions of this chapter on a finding that undue hardship may result from strict compliance with specific provisions or requirements of the chapter, or that application of such provision or requirement is impractical. The Planning Commission shall only recommend variances that it deems necessary to, or desirable for, the public interest.
In making its findings, as required hereinbelow, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be recommended unless the Planning Commission finds, after a hearing, that:
There are such special circumstances or conditions affecting said property that the strict application of the provisions of this chapter would clearly be impractical or unreasonable. In such cases, the applicant shall first state its reasons, in writing, as to the specific provision or requirement involved and submit them to the Planning Commission.
The granting of specific variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated.
Such variance will not have the effect of nullifying the interest and purpose of this chapter, the Zoning Ordinance, and the Master Land Use Plan of this Village.
The Planning Commission shall include its findings and the specific reasons therefor in its report of recommendation to the Village Council and shall also record its reasons and actions in its minutes.
The Village Council, upon receipt of the recommendation of the Planning Commission, may grant a variance in accordance with the requirements of this section of the chapter.
Fees for lot division and combination within the Village of New Haven may be established by the Village Council and shall be in an amount sufficient to defray administrative, legal, engineering or planning expenses processing such applications.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSIBLE or ACCESSIBILITY
- Refers to a parcel that meets one or more of the applicable following requirements:
- (1) 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 Village, and the parcel has a width not less than the minimum for such a lot or parcel under the applicable section of the Zoning Ordinance;
- (2) If a one-family residential parcel, the parcel is located adjacent to the public right-of-way meeting the minimum standards of the Village Subdivision Regulations, within which a public street meeting the requirements of the codes, ordinances and engineering standards of the Village 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;
- (3) 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 Village, which access leads to an existing public street; or
- (4) 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 Village as a condition of approval of the parcel division.
- The New Haven Village Clerk or her duly authorized representative.
- 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 Village ordinances.
- The New Haven Village Council.
- DIVIDE, DIVISION or FURTHER DIVISION
- The partitioning or dividing of parcels or tract of land, or of a lot or outlot, by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale of lease of more than one year, or of building development.
A parcel or lot created in violation of this chapter is declared a "nuisance per se" and subject to abatement.