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.
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:
(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:
(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.
(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.
