Charter Township of Oakland, MI
Oakland County
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Table of Contents
Table of Contents
It is recognized in the Land Division Act that approval of a division is not a determination that the resulting parcels comply with other ordinances or regulations [MCLA § 560.109(6), and also see MCLA §§ 560.109a and 560.109b]. Accordingly, no building permit or certificate of occupancy shall be issued for, and no building or other use may be made of, any parcel in the Township created by division unless and until an application has been submitted and reviewed, and a parcel use certificate approved in accordance with this Part 3, determining that such parcel conforms with all applicable laws, ordinances and regulations for the purpose to which the parcel is proposed to be used (subject to the issuance of building permits and other permits or certificates required by governmental entities having jurisdiction).
An application for a parcel use certificate shall include all of the following, and shall be submitted on the form provided by the Township:
A. 
Evidence that the application is submitted by or on behalf of the owner of the property to be divided.
B. 
Adequate and accurate legal description of each parcel proposed for use, meeting the requirements of Public Act No. 132 of 1970 (MCLA § 54.211 et seq.).
C. 
Each resulting parcel proposed for use shall be included on a scale drawing, prepared by and with the seal of a licensed surveyor or engineer, showing:
(1) 
Area of the parcel.
(2) 
Dimensions of the parcel.
(3) 
Location of existing buildings and structures.
(4) 
Location of all existing and proposed easements, including public utility easements, drainage easements, sidewalk easements and all other public and private easements.
(5) 
All setback lines required for building or other use, including yard setbacks and natural feature setbacks.
(6) 
Location of all existing and proposed buildings.
(7) 
Location of all watercourses, wetlands and other natural features, and all existing and proposed drainagecourses.
(8) 
Evidence of the payment of all due and payable taxes and special assessment installments on the parcel.
(9) 
Statement of the division rights on the parcel under the Land Division Act, including whether there is a right to further divide the parcel.
(10) 
Clarification of the adequacy of road frontage, and location of all existing and proposed means of vehicular ingress and egress.
(11) 
Statement of the proposed use of the parcel.
(12) 
All other information and detail needed to ascertain compliance with all applicable laws, ordinances and regulations relevant to the parcel use certificate.
(13) 
A stormwater management plan.
D. 
The application shall be accompanied by the application fee in the amount required by resolution adopted by the Township Board.
An application for a parcel use certificate shall be reviewed by the Township Supervisor based upon the following standards:
A. 
Accuracy of the legal description and of the scale drawing submitted as part of the application, and confirmation of parcel ownership.
B. 
Conformance with minimum parcel area, width, and depth-to-width ratio, as established in this Part 3 and all other applicable ordinances.
C. 
Adequacy of easements for public utilities from the 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 with the office of the County Register of Deeds.
D. 
Adequacy of road frontage, as established in the Zoning Ordinance. A parcel use certificate shall not be issued unless the parcel has frontage on a public road, or on a private road on which parcels of record existed on or before the effective date of the ordinance from which this Part 3 is derived. All newly established roads shall conform with all requirements of the County Road Commission and all Township ordinance regulations applicable to subdivision roads, including, without limitation, maximum cul-de-sac length.
E. 
Conformance with all yard and other setback requirements.
F. 
Confirmation of the payment of all due and payable taxes and special assessment installments on the parcel.
G. 
Confirmation that the parcel has adequate water supply and sanitary sewage disposal available to service the parcel for its intended use, as evidenced in approvals granted by governmental entities having jurisdiction.
H. 
Conformance with all other laws, ordinances and regulations applicable to the property and the proposed use of the property, including, without limitation, all laws and ordinances for the preservation of natural resources and natural features, and, generally, all regulations which would impact upon whether the parcel is buildable, e.g., whether any fact, land characteristic or feature would prohibit development and use of the parcel without the necessity of discretionary approvals under, and/or variances or deviations from applicable governmental regulations, and without the necessity of private legal transactions or proceedings.
I. 
The parcel area and width, and the proposed use and improvement of the parcel, shall not result in a change in the character of the neighborhood in which the parcel is situated. A determination on this standard shall require an examination of the impact of the creation, improvement and use of the proposed site in relation to the character and circumstances of lots and parcels in the neighborhood.
J. 
Confirmation that there is an adequate stormwater management plan consistent with standards applicable to subdivision development.
K. 
Confirmation that there are no culs-de-sac with a greater length than permitted for subdivision development.
L. 
If the parcel use certificate is sought for a parcel with vehicular access provided by an existing private road, the number of building sites shall not exceed 1/2 the density that would be permitted for subdivision development in the zoning district in which the property is situated (or the density permitted by applying the other provisions of this Part 3, whichever density is lower), and, moreover, the certificate shall not be granted until a review is conducted for the purpose of determining whether the additional vehicular and/or any other burden of the one or more new building sites was intended and otherwise permitted on the private road. Any determination made under this subsection shall be for Township administration purposes, and shall not constitute a legal determination binding upon other parties. For purposes of this subsection, the following procedure shall apply:
(1) 
The recorded documentation pursuant to which the private road was established shall be provided by the applicant and reviewed by the Township. If the documentation discloses an express statement of intent on whether the burden of the proposed new building site is permissible on the private road, such statement of intent shall govern, and no further review shall be required.
(2) 
If recorded documentation fails to disclose an express intent on whether the burden of the proposed new building site is permissible on the private road, the applicant shall be permitted to present additional facts and circumstances to demonstrate that there is no reasonable doubt that the burden of the proposed new building site was intended to be permitted.
(3) 
If a decision to approve the division has not been made under Subsection L(1) and (2) of this section, and the applicant desires to further pursue the division, the applicant may elect to proceed under Subsection L(4) and (5) of this section.
(4) 
The applicant may obtain the written consent of each and every owner of property abutting the private road for use of the private road by the newly created building site. Such consent shall be given in writing in recordable form.
(5) 
Alternatively, the applicant may request the Township Board to notice and conduct a public hearing on whether there is consent for the use of the private road by the newly created building site. If the applicant elects this alternative, then, at the applicant's sole expense, the name and address of each owner of property abutting the private road shall be determined; a notice specifying the nature of the hearing and the date, time and place of the public hearing shall be mailed to each of the owners abutting the private road; and the public hearing shall be conducted. If objection is made at the hearing, or before the hearing in the form of a signed writing addressed to the Township, to the effect that the burden of the proposed new building site was not intended, the Board shall find that a court determination shall be required in order to resolve the issue. If no objection is presented at the hearing, and all other requirements are met, it shall be determined that the additional use of the road may be made.
(6) 
If a decision to approve the additional use of the road has not been made under Subsection L(1) through (5) of this section, the parcel use certificate shall not be granted unless and until a court of competent jurisdiction enters judgment ordering and adjudging that the burden of the proposed new building site, is permissible on the private road.
(7) 
All costs and expenses to be incurred by the Township in connection with any aspect or review under this section shall be paid by the applicant, in advance, including, without limitation, the costs and expenses of legal review and research, title search, if necessary, ascertaining names and addresses, sending notices and conducting public hearings. For this purpose, an estimate of such costs and expenses shall be made by the Township, and such estimated amount shall be escrowed by the applicant. If needed, additional sums shall be escrowed, as required. Any and all monies not expended shall be returned to the applicant at the conclusion of the decisionmaking process.
A. 
Following receipt of a full and complete application, the Township Supervisor shall conduct a review, and, within a reasonable time, shall approve, approve with conditions or deny an application for a parcel use certificate. If the application is denied, the reasons for denial shall be stated.
B. 
As part of the review process, an application may be referred to the various departments and consultants of the Township.
C. 
In addition, if there is one or more watercourses, wetlands, natural features or slopes having a grade in excess of 20% on the parcel, the Township Supervisor may refer the application to the Planning Commission for recommendation.
A notice of the issuance of a parcel use certificate may be recorded with the office of the Register of Deeds in order to clarify any earlier recorded notice of decision with regard to a parcel division.
A. 
Any person or entity aggrieved by a determination on a parcel use certificate under this article may appeal to the Township Board, on the condition that a written and signed request for appeal is filed with the Township Clerk within 21 days of the decision on the application. A request for appeal shall contain a statement of the basis on which the person or entity feels aggrieved, and all grounds for appeal.
B. 
The Township Board shall review the decision on the application, and may reverse, affirm or modify the decision in whole or in part based upon the Board's interpretation of this Part 3 and/or the facts and circumstances presented.
C. 
If a timely appeal is not filed, the action on the application shall be deemed to be acceptable, and shall be final.