Charter Township of Oakland, MI
Oakland 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
There shall be no division of land in the Township unless and until an application for a division has been submitted, reviewed and approved in accordance with this Part 3.
Six copies of an application for a land division shall be submitted on the form provided by the Township, and shall include all of the following:
A. 
Evidence that the application is submitted by or on behalf of the fee owner of the property to be divided.
B. 
Adequate and accurate legal description of each resulting parcel to be created by the division. For purposes of this Part 3, a legal description shall be deemed adequate if it is sufficient for purposes of all decisionmaking required under this section.
C. 
Each resulting parcel to be created by the division shall be included in a tentative parcel map, which shall be a scale drawing of the entire parent parcel of which the proposed resulting parcels are a part, showing:
(1) 
The area of the parent parcel to be divided.
(2) 
The area of each resulting parcel.
(3) 
All parcel lines, with dimensions with regard to the parent parcel and all resulting parcels, with separate designations for existing resulting parcels and proposed resulting parcels.
(4) 
Public utility easements.
(5) 
Accessibility, as defined in this Part 3.
(6) 
A record of the history and specifications of any previous divisions on the parent parcel.
(7) 
All other information and detail needed to ascertain compliance with the standards specified in Subsection C(1) through (6) of this section, and any other requirements of Section 109 of the Act (MCLA § 560.109).
D. 
Copies of all recorded documents showing the lawful existence and date of creation of the parent parcel and all existing divisions of the parent parcel, and any other documentation required for decisionmaking under Section 108 of the Act,[1] including, without limitation, documentation regarding the area and dimensions of all parcels.
[1]
Editor's Note: See MCLA § 560.108.
E. 
Written approval from the applicable road agency with regard to conformance with location standards for all means of accessibility.
F. 
The application shall be accompanied by the application fee in the amount required by resolution adopted by the Township Board.
An application for a land division shall be reviewed by the Township based upon the following standards:
A. 
Generally. The number of proposed divisions, together with any previous divisions of the same parent parcel or parent tract, shall result in a number of parcels not more than the sum permitted in Section 108 of the Act (MCLA § 560.108).
B. 
Area requirement. Each resulting parcel shall contain not less than the following area, exclusive of road rights-of-way, 1/2 of all wetlands on the parcel regulated by state law and/or Township ordinance (not including areas permitted to be used by the issuance of all required permits), areas designated as floodplain, areas below the high-water mark of watercourses, and 1/2 of any other areas required for actual construction purposes that, due to soils, would not support a foundation for conventional construction for uses permitted within the zoning district in which the property is situated. (Note that, in light of the forty-five-day time period for decisionmaking, and the restriction upon the information that may be required in the application, action by the Township in approving an application may not be relied upon with regard to the presence or absence of site features.)
(1) 
On parent parcels 10 acres or less in area, the minimum resulting parcel area shall be the larger of the following:
(a) 
One hundred fifty percent of the minimum parcel area required in the schedule of regulations in the Zoning Ordinance;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
The minimum parcel area required in order to achieve a parcel area which is compatible with the parcel areas in the surrounding area. For purposes of this provision, the term "compatible with the parcel areas in the surrounding area" shall mean an area which is as large or larger than 80% of the area of the largest parcel which has any part thereof situated within a distance of 1,320 feet of, and on the same right-of-way (either side) as, the parent parcel proposed to be divided; or
(c) 
In all events, the minimum resulting parcel area shall be not less than one acre and not more than five acres.
(2) 
On parent parcels more than 10 acres in area, regulations shall apply to provide the applicant with the option for determining minimum resulting parcel area by applying a conventional square-footage rule or by utilizing a cluster development formula, in either case taking into consideration the policy objective of promoting the preservation of open space on large parcels of property while concurrently recognizing the legitimate right of owners to make reasonable use of their land. The applicant shall elect treatment under Subsection B(2)(a) or (b) of this section.
(a) 
Conventional square-footage rule. The minimum area of each resulting parcel shall be 2 1/2 times the area of resulting parcels determined by applying the regulations of Subsection B(2)(a) of this section, as if the parent parcel were 10 acres or less, provided the minimum resulting parcel area shall not be larger than five acres; or
(b) 
Cluster Formula. The minimum area of resulting parcels shall be determined based upon the Cluster Formula set forth, below, but only if 1/2 of the gross area of the parent parcel shall be permanently reserved for open space purposes by an appropriate means approved by the Township Attorney as being lawfully binding. An area permanently reserved for open space shall not be deemed to be a parcel for purposes of determining the number of parcels that may be created from the parent parcel. If the Cluster Formula is proposed for use by the applicant; no part of any resulting parcel shall be situated closer than 100 feet from an existing public road classified on the Township or county right-of-way map as a major thoroughfare, i.e., all resulting parcels shall be set back 100 feet from major thoroughfares; no new individual driveway shall enter upon an existing public road from a resulting parcel; and, all drawings and calculations needed for determining resulting parcel area shall be included with the application. The formula for determining minimum parcel area under the cluster option is as follows: First, the parent parcel shall be drawn with the required open space set aside; then the regulations of Subsection B(2)(a) of this section shall be applied to the area not set aside for open space as if the parent parcel were 10 acres or less; the minimum parcel area so determined shall be the minimum area for resultant parcels for the division of the parent parcel.
C. 
Width requirement. Each resulting parcel shall have a width not less than that corresponding to the larger of the following:
(1) 
The minimum parcel/lot width required under the Zoning Ordinance for the district in which the property is situated;
(2) 
Three hundred fifty lineal feet if the resulting parcel is situated with any part on an existing public road; or
(3) 
The minimum width required in order to achieve the required depth-to-width ratio for resulting parcels.
D. 
Parcel depth. Each resulting parcel shall have a depth of not more than four times the width of the resulting parcel.
E. 
Accessibility. Each resulting parcel shall be accessible, as such term is defined in this Part 3, as confirmed by written approval of the road agency having jurisdiction.
F. 
Easements. Each resulting parcel that is a development site shall have adequate easements for public utilities from the resulting parcel to existing public utility facilities. For purposes of this provision, an easement shall be deemed to be adequate if it is in a location reasonably adapted and lawful for underground installation, and the instrument creating the easement is recorded as a condition to finalization of the division.
A. 
A decision on the application shall be made by the Township Supervisor, approving or disapproving the proposed division, within 45 days after the filing of a complete application for the proposed division with the Township Supervisor.
B. 
Upon receipt of an application, the Township Supervisor shall refer copies to the Township Planner, the Township Engineer, the Township Assessor and the Township Attorney for review and comment with respect to the preparation of a notice of decision.
A. 
A decision approving an application shall include the following:
(1) 
Taking into consideration the forty-five-day time limitation for decision, and further considering the limitation on the amount and type of information the Township may require for the review of a proposal for a division, the Township may not be able to make a full and meaningful decision on whether the proposal conforms with all laws, ordinances and regulations applicable for use of the property for building and other purposes. Accordingly, with a decision approving an application, the Township shall include, to the extent ascertained, a statement of the aspects of the resulting parcels which do not conform with applicable requirements for building and use of the such parcels, and a further statement that the approval does not represent that the Township has determined that any of the resulting parcels meet the requirements of law, ordinance or regulation for building or other use purposes, and that further application and approval shall be required as a condition to the issuance of a building permit and/or other required permits, certificates, and the like.
(2) 
A statement that the Township and its officers, employees and contractors shall not be liable if any or all of the resulting parcels may not be used for building and other purposes. This statement shall include, but shall not be limited to, the clarification that the Township and its officers, employees and contractors shall not be liable if a building permit is not issued for the resulting parcels if needed facilities to serve the parcels, such as public or on-site water or sanitary sewage disposal facilities are not available and/or are not approved on the parcel.
(3) 
A statement that all outstanding and due special assessment installments and taxes, including delinquent taxes, must be paid, and all other processing requirements of MCLA § 211.25a shall be met, as a condition to the issuance of new parcel identification numbers.
B. 
A decision disapproving an application shall include a statement of all the reasons for disapproval.
C. 
If the notice of decision approving an application specifies any particular aspects of the resulting parcels which do not conform with applicable requirements for building and use of the such parcels, or a statement that the approval does not represent that the Township has determined that any of the resulting parcels meet the requirements of law, ordinance or regulation for building or other use purposes, the notice of decision shall be recorded with the office of the Register of Deeds relative to the parcels identified in the notice.
An aggrieved party may appeal a disapproval of a land division application, and may appeal an approval of a land division application if such approval fails to permit an economically feasible use of the parent parcel. An appeal shall be taken by filing an application within 21 calendar days from the date of the notice of decision.
A. 
Application.
(1) 
An application for appeal shall include the name, address, and phone number of the owner of the property, as well as the applicant, a description of the property, a plan drawn to scale detailing the specific use and improvements proposed by the applicant, and a summary of the facts which support each of the following conclusions:
(a) 
It is not economically feasible to use the parent parcel under the ordinance and decision of the Township.
(b) 
The applicant's suggested use would not alter the essential character of the area.
(c) 
The applicant's problem has not been self-created.
(2) 
At the end of each statement [Subsection A(1)(a) through (c) of this section], the applicant shall identify all persons who will appear at the appeal hearing with respect to each of the facts, and, separately, identify all persons who will appear at the hearing relative to each respective conclusion (and if any person is to be offered as an expert witness, include with the application a resume which shows the education and experience of such person within the particular area of expertise).
B. 
Pre-hearing conference.
(1) 
Prior to the scheduling of a hearing, the applicant shall contact the Township Supervisor for the purpose of scheduling a pre-hearing conference.
(2) 
The purposes of the pre-hearing conference shall be to:
(a) 
Review the procedure for the hearing and identify all persons who will appear (directly or through affidavit) and the evidence to be offered on behalf of the applicant.
(b) 
Attempt to secure a statement of agreed-upon facts to be used to narrow the matters of dispute and shorten the hearing.
(c) 
Discuss the need, desirability, and the terms of providing a verbatim record of the hearing.
(3) 
The Township Supervisor shall determine who should be present at the pre-hearing conference based upon the application submitted, and taking into consideration the discussion with the applicant or the applicant's representative.
(4) 
The pre-hearing conference shall be scheduled and conducted on an expeditious basis so as to avoid unreasonable delay to the applicant. Sufficient time shall be taken, however, to achieve the purposes of the pre-hearing conference, stated above.
C. 
Hearing procedure.
(1) 
The applicant shall have the burden of proof. In order to be entitled to relief, the applicant must demonstrate each of the four factors set forth in Subsection A(1)(a) through (c) of this section.
(2) 
Manner of presentation at the Township Board:
(a) 
The Township Board shall conduct a public hearing, utilizing the procedures below.
(b) 
Township representatives shall present an overview of the regulations involved. This may include an indication of the objectives sought to be achieved in the ordinance, and any planning, engineering, financial, environmental or other considerations which are generally relevant on the property at issue. The applicant may present witnesses, including the applicant, or may submit affidavits, for the purpose of attempting to prove facts or conclusions. The applicant shall be provided with the opportunity to present all testimony and evidence proposed to be presented at the pre-hearing conference, either through witnesses or affidavits; however, the Chairperson of the Township Board may restrict testimony and evidence which would result in unreasonable duplication. In addition, by motion made on its own or at the request of a person at the hearing, the Township Board may require the presence of any witness who has offered either testimony by affidavit on a material question of fact or testimony of an expert nature, with the view of permitting members of the Township Board to ask questions of such witnesses.
(c) 
At the conclusion of the applicant's presentation, interested persons attending the hearing shall be provided with the opportunity to present testimony and evidence in the same manner and subject to requiring the presence and questioning of witnesses, as provided above for the applicant.
(d) 
When interested persons have completed their presentations, at the same meeting and/or at an adjourned meeting date, testimony and evidence may be presented on behalf of the Township in the same manner, and subject to requiring the presence and questioning of witnesses, as provided above for the applicant. The purpose of such presentation shall be to ensure that a full picture, including all relevant information, is before the Township Board for consideration as it relates to the specific application presented.
(e) 
If testimony or evidence has been offered by or on behalf of interested persons and/or the Township, the applicant shall have the opportunity to make a responsive presentation, restricted to answering the points raised by interested persons and Township representatives. The manner of presenting witnesses, and requirement of their presence and questioning, shall be the same as provided above for the applicant's principal presentation.
(f) 
At the hearing, the Township Board may determine to establish other rules of procedure, such as meeting hours on any given day, procedure for presentations by interested persons and/or on behalf of the Township, or other rules found to be necessary or appropriate by the Township Board. When questions of procedure arise during the hearing, the Chairperson of the Board may solicit the recommendation of the representatives of both the applicant and the Township.
(g) 
If a hearing is not completed at a given meeting within the time period allowed by the Township Board, the Township Board shall adjourn the hearing to a date certain for continuation.
D. 
Decision of the Township Board.
(1) 
The Township Board may deem it appropriate in any given case to provide an opportunity for anyone presenting testimony or evidence to submit proposed findings of fact and conclusions.
(2) 
At the conclusion of the hearing, the Township Board may make its decision at that meeting, or it may adjourn the hearing to a new date for the purpose of reviewing the testimony and evidence, and reviewing proposed findings and conclusions submitted by hearing participants, in preparation for making its decision.
(3) 
If the Township Board determines to grant appellate relief under this provision, it shall be the minimum relief required to allow reasonable use of the property, while maintaining the essential character of the area.
(4) 
If the Township Board adopts a motion to grant appellate relief under this provision, such motion may be made as a tentative grant of relief, subject to review and recommendation by the Planning Commission, planning director/consultant, engineer or other person or official with expertise, with a view of obtaining recommendations that may be relevant and authorized by law, and for the further purpose of ensuring that the grant of relief would not violate applicable law. If a motion authorizing such a tentative grant of relief is made, the Township Board, in the same motion, should request the completion of all reviews by other boards or persons by a specific date, so that relief may be expeditiously finalized.
(5) 
If the Township Board adopts a motion to grant appellate relief under this Part 3, the relief granted shall be in the form of a site-specific land division plan, subject to all specifications, terms and conditions included on the plan and in the decision.
E. 
Effect of approval.
(1) 
Approval of appellate relief under this provision shall apply only to the specific land division plan granted, and shall be subject to all specifications, terms and conditions included on the plan and in the decision granting the approval. A land division approval under this section shall not be final until such time as the applicant records an affidavit at the office of the Register of Deeds in connection with the property, providing notice of the land division plan approved. Such affidavit shall be in a form approved by the Township Attorney.
(2) 
An approval of appellate relief under this provision shall be effective for a period of one year, and shall thereafter be void unless actual structural improvements have been commenced on the property pursuant to building permit.
[Amended 5-11-1999 by Ord. No. 78A]
Upon petition filed by or on behalf of the owner of property, the Township Board shall be authorized, in its discretion, to grant a variance to the area and width requirements specified in § 250-72, subject to and in accordance with the following:
A. 
A variance may allow a resulting parcel with an area not less than 2.3 acres, and/or a width not less than 200 feet. The extent of the variance shall be based upon conformity with the character of the neighborhood in which the property is situated.
B. 
The land division shall result in not more than two resulting parcels, i.e., shall not result in the creation of more than one new parcel.
C. 
A new curb cut on an existing public road shall not be created. If access is to be provided to the newly created parcel by shared driveway, the division shall not be finalized until:
(1) 
An easement has been created for the driveway;
(2) 
An agreement for shared responsibility and expense of maintenance of the driveway has been established in a form, and with contents approved by the Township Attorney, applicable to present and future owners;
(3) 
These documents have been recorded with the County Register of Deeds.
D. 
A deed restriction in the form approved by the Township Attorney shall be established prohibiting any further divisions of either of the two parcels resulting from the land division, and prohibiting the establishment of a new curb cut onto the adjoining public road, with the Township as a beneficiary of such restriction. Such restriction shall be recorded with the County Register of Deeds.
E. 
A permit for an on-site septic tank and tile field shall be issued by the County Health Department, or the parcels shall have public sanitary sewer service available, for each of the two resulting parcels.
F. 
Underground electrical service shall be available and shall be utilized for each of the two resulting parcels.