[HISTORY: Adopted by the Township Board of the Township of
Putnam 5-21-2008 (Ch. 34 of the 2004 Township Code); readopted at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Amendments noted
where applicable.]
This chapter shall be known and cited as the "Putnam Township
Land Division Ordinance."
The purpose of this chapter is to carry out the provisions of
the Land Division Act (1967 PA 288, as amended,[1] formerly known as the "Subdivision Control Act"), to prevent
the creation of parcels of property which do not comply with applicable
ordinances and said Act, to minimize potential boundary disputes,
to maintain orderly development of the community, and otherwise provide
for the health, safety and welfare of the residents and property owners
of the Township by establishing reasonable standards for prior review
and approval of land divisions within the Township.
[1]
Editor's Note: See MCLA § 560.101 et seq.
For purposes of this chapter, certain terms and words used herein
shall have the following meaning:
A natural person, firm, association, partnership, corporation,
or combination of any of them that holds an ownership interest in
land, whether recorded or not.
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 Sections 108 and 109 of the State
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.
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. For
a property transfer between two or more adjacent parcels, if the property
taken from one parcel is added to an adjacent parcel, any resulting
parcel shall not be considered a building site unless that parcel
conforms to the requirements of the Act and this chapter.
Either 40 acres, a quarter-quarter section containing not
less than 30 acres, or a government lot containing not less than 30
acres.
The Putnam Township Board.
A standing committee of the Township consisting of the Township
Supervisor, the Township Assessor, and one member of the Planning
Commission, appointed by majority vote of the members of the Planning
Commission.
Land in the Township shall not be divided without the prior
review and approval of the Township Assessor and the Land Division
Committee, in accordance with this chapter and the Land Division Act;
provided that the following shall be exempted from this requirement:
A.
The applicant shall submit an application requesting to divide property
including the information listed below. As a part of the application,
the applicant shall provide verification from the Township Assessor
that lot splits are available on the subject lot. The applicant shall
also provide verification from the Township Treasurer and any other
taxing agencies that all taxes have been paid on the lot or lots in
question.
B.
In addition, an applicant shall file all of the following with the
Zoning Administrator before making any division either by deed, land
contract, lease for more than one year, or for building development:
(1)
If access is along a public road, or if the division establishes
a private road that takes its access from a public road, the applicant
shall provide documentation stating the proposed lots and/or private
street access have adequate sight distance from the Livingston County
Road Commission and/or otherwise show compliance with the Land Division
Act.
(2)
A completed application form on such form as approved by the Township
Board.
(3)
Proof of fee ownership of the land proposed to be divided.
(4)
A tentative parcel map drawn to scale by a land surveyor registered
in the State of Michigan, including an accurate legal description
of each proposed division, and showing the boundary lines, dimensions,
setbacks of any existing structures that will remain after the division,
the zoning of the properties in question and the accessibility of
each division for automobile and public utilities.
(5)
Proof that all standards of the State Land Division Act and this
chapter have been met.
(6)
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.
(7)
The fee may from time to time be established by resolution of the
Putnam Township Board for review of land division application, the
administration of this chapter and the State Land Division Act.
A.
The Zoning Administrator, after determining the application is complete,
shall forward all information to the Land Division Committee. An application
is complete if it contains the information necessary to ascertain
whether the requirements of Section 108 and Section 109 of the Land
Division Act[1] are complied with.
[1]
Editor's Note: See MCLA §§ 560.108 and 560.109,
respectively.
B.
Upon receipt of a completed land division application, the Land Division
Committee, in accordance with this chapter and the Land Division Act,
shall act upon the proposed land division within 45 days after receipt
of the completed application and shall promptly notify the applicant
in writing of the decision and all reasons for any denial.
C.
A notice of approval of a proposed division resulting in any parcels
of less than one acre in size shall include the following statement:
"Putnam Township and its officers and employees are not liable if
a zoning compliance permit and/or building permit are not issued for
a resulting parcel because the parcel is less than one acre in size,
lacks either public water and sewers or health department approval
for on-site water supply and on-site sewage disposal, or otherwise
does not meet applicable codes or ordinances."
D.
A notice of approval of a proposed division shall include the following
language: "The approval of this division is not a determination that
the resulting parcel complies with the Putnam Township Zoning Ordinance
or other general Township ordinances or chapters. The Township and
its officials and employees shall not be liable for approving a land
division if a zoning compliance permit and/or building permit for
construction on a parcel are subsequently denied because of inadequate
water supply, sewage disposal facility, failure to meet Township zoning
ordinances and general ordinances, or otherwise, and any notice of
approval shall include a statement to this effect."
E.
The Township Assessor or his/her designee shall maintain an official
record of all approved and accomplished land divisions and/or transfers
along with records of all disapproved divisions.
A proposed land division shall be approved if the proposed land
division complies with all the requirements of the Land Division Act
and the criteria of this chapter as set forth below:
A.
All parcels to be created by the proposed land division shall fully comply with the minimum width and area requirements of Chapter 340, Zoning, for the district in which the land is located and/or variances granted by the Putnam Township Zoning Board of Appeals to the applicant for the land which is proposed to be divided. Lot width and area requirements shall be met exclusive of any road or right-of-way easements. Any structure or use remaining on any parcel after division shall conform to the setback regulations with respect to any new lot lines created as a result of the division.
B.
Each resulting parcel shall have a depth of not more than four times the width, unless the Planning Commission approves a variation to this requirement in accordance with § 340-16, Width-to-depth ratio. The depth-to-width ratio does not apply to the remainder of the parent parcel or tract retained by the proprietor.
C.
All parcels to be created by the proposed division and which meet
the definition of a developmental site shall have adequate easements
for public utilities from the parcel to existing public utilities
facilities.
A.
Any division of land in violation of any provision of this chapter
shall not be recognized as a land division on the Township tax rolls
and no construction thereon which requires the prior issuance of a
zoning compliance permit by the Township shall be allowed. The Township
shall further have the authority to issue a citation under the Township
municipal civil infraction ordinance, initiate injunctive relief,
and/or any other relief to prevent any violation or continuance of
any violation of this chapter.
B.
Any unlawful division or split shall be voidable at the option of
the purchasers pursuant to the Land Division Act and shall subject
the seller to the forfeiture of all considerations received or pledged
thereof, together with any damages sustained by the purchaser recoverable
in an action at law under the Land Division Act.
All previous land division ordinances affecting unplatted land
divisions in conflict with this chapter are hereby repealed; however,
this chapter shall not be construed to repeal any provision in any
applicable zoning ordinances, building codes, or other ordinances
or chapter of the Township that shall remain in full force and effect,
notwithstanding any land division approval hereunder.
A.
The provisions of this chapter are hereby declared to be immediately
necessary for the preservation of the public peace, health, safety,
and welfare of the people and are hereby ordered to become effective
seven days after publication of a Notice of Ordinance Adoption in
a newspaper circulating within Putnam Township. Publication shall
be preceded by approval of the Putnam Township Board.
B.
This Land Division Chapter shall become effective on the sixth day
of June 2008.
