[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.
