City of Coldwater, MI
Branch County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 569, passed 5-11-1998]
The purpose of this chapter is to carry out the provisions of the State Land Division Act (1967 PA 288, 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 said Act, to minimize potential boundary disputes, to maintain orderly development of the community, and to 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 within the City.
[Ord. No. 569, passed 5-11-1998]
For purposes of this chapter, certain terms and words used herein shall have the following meaning:
(a) 
APPLICANT — Means a natural person, firm, association, partnership, corporation, or any combination of any of them, that holds an ownership interest in land, whether recorded or not.
(b) 
DIVIDE or DIVISION — Means 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 for 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" or "division" does not include a property transfer between two or more adjacent unplatted 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.
(c) 
EXEMPT SPLIT or EXEMPT DIVISION — Means 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.
(d) 
FORTY ACRES or THE EQUIVALENT — Means either 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres.
(e) 
GOVERNING BODY — Means the Coldwater City Council.
[Ord. No. 569, passed 5-11-1998]
Unplatted land in the City shall not be divided without the prior review and approval of the City Zoning Administrator or such other City 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 Chapter 1244 of these Codified Ordinances.
(b) 
A lot in a recorded plat proposed to be divided in accordance with the State Land Division Act, provided, however, that such a division must be in accordance with Chapter 1250 of these Codified Ordinances.
(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 Land Division Act.
[Ord. No. 569, passed 5-11-1998]
An applicant shall file all of the following with the City Zoning Administrator or such other City 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 approved by the City Zoning Administrator.
(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.
(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) 
A fee as determined from time to time by the governing body to cover the costs of review of the application and administration of this chapter and the State Land Division Act. This fee may be subsequently modified by resolution of the governing body.
[Ord. No. 569, passed 5-11-1998]
(a) 
The City Zoning Administrator or other official designated by the governing body shall approve or disapprove the land division applied for within 45 days after receipt of a complete application conforming to the requirements of this chapter and the State Land Division Act, and shall promptly notify the applicant of the decision, and if denied, the reasons for denial.
(b) 
Any person aggrieved by the decision of the Zoning Administrator or other official designated by the governing body may, within 30 days of such decision, appeal the decision to the City of Coldwater Planning Commission, by filing a written notice of appeal with the Zoning Administrator or other official designated by the governing body and with the payment of such appeal fee as shall be set by resolution of the governing body, which shall consider and resolve such appeal by a majority vote of the Planning Commission at its next regular meeting, affording sufficient time for 20 days written notice to the applicant (and the appellant, where other than the applicant) of the date and time of said meeting and appellate hearing.
(c) 
The City shall maintain an official record of all approved and accomplished land divisions or transfers.
(d) 
Approval of a division is not a determination that the resulting parcels comply with other ordinances or regulations.
(e) 
The City and its officers and employees shall not be liable for approving a land division if building or zoning permits for construction on the parcels are subsequently denied because of inadequate water supply, sewage disposal facilities or otherwise, and any notice of approval shall include a statement of this effect.
[Ord. No. 569, passed 5-11-1998]
A proposed land division reviewable by the City shall be approved if the following criteria are met:
(a) 
All parcels created by the proposed division or divisions have a minimum width of 100 feet as measured at the narrowest portion of the parcel unless otherwise provided for in the City Zoning Code.
(b) 
All such parcels shall contain a minimum area of 10,000 square feet unless otherwise provided for in the City Zoning Code.
(c) 
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 non-development sites. The 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.
(d) 
The proposed land division or divisions comply with all requirements of this chapter and the State Land Division Act.
(e) 
All parcels created and remaining have existing adequate accessibility, or an area available therefor, for public utilities and emergency and other vehicles.
[Ord. No. 569, passed 5-11-1998]
(a) 
Any division of land in violation of any provision of this chapter shall not be recognized as a land division on the City tax roll and no construction thereon which requires the prior issuance of a construction or building permit shall be allowed. The City shall further have the authority to initiate injunctive or other relief to prevent any violation or continuance of any violation of this chapter.
(b) 
An unlawful division or split shall also be voidable at the option of the purchaser and shall subject the seller to the forfeiture of all consideration received or pledged therefor, together with any damages sustained by the purchaser, recoverable in an action at law.