Township of Paw Paw, MI Subdivisions

For purposes of this chapter certain terms and words used herein shall have the following meaning:

ACCESSIBLE

In reference to a parcel, means that the parcel meets one or both of the following requirements:

Has an area where a driveway provides vehicular access to an existing road or street and meets all applicable location standards of the state transportation department or county road commission under Act No. 200 of the Public Acts of 1969, being §§ 247.321 to 247.329 of the Michigan Compiled Laws, and of the Township, or has an area where a driveway can provide vehicular access to an existing road or street and meet all such applicable location standards.

FORTY ACRES OR THE EQUIVALENT

Is served by an existing easement that provides vehicular access to an existing road or street and that meets all applicable location standards of the state transportation department or county road commission under Act No. 200 of the Public Acts of 1969 and of the Township, or can be served by a proposed easement that will provide vehicular access to an existing road or street and that will meet all such applicable location standards.

APPLICANT

A natural person, firm, association, partnership, corporation, or combination of any of them that holds an ownership interest in land whether recorded or not.

DIVIDED or DIVISION

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 of more than one year, or of building development that results in one or more parcels of her heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale or lease of 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 §§ 108 and 109 of the State Land Division Act. Division does not include a property transfer between two or more adjacent 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 Act or the requirements of an applicable local ordinance.

EXEMPT SPLIT

The partitioning or splitting of a parcel or tract of land by the proprietor thereof, or by his or her heirs, executors, administrators, legal or by his or her heirs, executors, administrators, representatives, successors or assigns, that does not result in one or more parcels of less than 40 acres or the equivalent; provided all resulting parcels are accessible for vehicular travel and utilities from existing public roads through existing adequate roads or easements, or through areas owned by the owner of the parcel that can provide such access.

Either 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres.

GOVERNING BODY

The legislative body of a Township Board of a Township.

PARCEL

A continuous area or acreage of land, which can be described as provided for in this act.

PARENT PARCEL or PARENT TRACT

A parcel or tract, respectively, lawfully in existence on March 31, 1997.

TRACT

Two or more parcels that share a common property line and are under the same ownership.

§ 34-4 Prior approval requirement for land division.

Land in Paw Paw Township shall not be divided without the prior review and approval of the Township zoning enforcement officer, or other official designated by the Paw Paw Township Board, in accordance with this chapter and the State Land Division Act provided that the following shall be exempted from this requirement:

A parcel proposed for subdivision through a recorded plat pursuant to the Township's subdivision control ordinance, if any, and the State Land Division Act.

A lot in a recorded plat proposed to be divided in accordance with the Township's subdivision control ordinance, if any, and the State Land Division Act.

An exempt split as defined in this chapter.

§ 34-5 Application for land division approval.

An applicant shall file all of the following with the Township supervisor or other official designated by the Paw Paw Township Board 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:

Completed application form on such form as may be provided by the Township.

Proof of fee ownership of the land proposed to be divided.

An adequate and accurate legal description of all the proposed divisions and a tentative parcel map showing area, parcel lines, public utility easements, accessibility, and other requirements of this section and § 108 of the State Land Division Act. The tentative parcel map shall be a scale drawing showing the approximate dimensions of the parcels.

(4)

Proof that all standards of the State Land Division Act and this chapter have been met.

(5)

The history and specifications of any previous divisions of land of which the proposed division was a part sufficient to establish the parcel to be divided was lawfully in existence as of March 31, 1997, the effective date of the State Land Division Act.

(6)

Proof that all due and payable taxes or installments of special assessments pertaining to the land proposed to be divided are paid in full.

(7)

If transfer of division rights is proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer.

(8)

Unless a division creates a parcel which is acknowledged and declared to be "not buildable" under § 34-8, all divisions shall result in "buildable" parcels containing sufficient "buildable area outside of unbuildable wetlands, flood plains and other areas where buildings are prohibited therefrom, and with sufficient area to comply with all required setback provisions, minimum floor areas, off-street parking spaces, on-site sewage disposal and water well locations (where public water and sewer service is not available), and maximum allowed area coverage of buildings and structures on the site.

(9)

The fee as may from time to time be established by resolution of the Paw Paw Township Board for land division reviews pursuant to this ordinance to cover the reasonable costs of providing for the review of the application and administration of this chapter and the State Land Division Act.

§ 34-6 Procedure for review of applications for land division approval.

Upon receipt of a land division application package, the Township supervisor or other official designated by the governing body shall forth with submit the same to the Township zoning enforcement officer or other designated official for decision. The Township zoning enforcement officer or other designee shall approve, approve with reasonable conditions to assure compliance with applicable ordinances and the protection of public health, safety and general welfare, or disapprove the land division applied for within 45 days after the receipt of a complete application package conforming to this chapter's requirements, and shall promptly notify the applicant, in writing of the decisions and the reasons for any denial. If the application package does not conform to this chapter's requirements and the State Land Division Act, the Township zoning enforcement officer or other designee shall return the same to the applicant for completion and refiling in accordance with this chapter and the State Land Division Act.

(b)

Any person or entity aggrieved by the decision of the Township zoning enforcement officer or other designee may within 30 days of said decision appeal the decision to the Paw Paw Township Board which shall consider and resolve such appeal by a majority vote of said board at its next regular meeting or session affording sufficient time for a twenty-day written notice to the applicant (and appellant where other than the applicant) of the time and date of said meeting and appellate hearing.

(c)

A decision approving a land division is effective for 90 days, after which it shall be considered revoked unless such a document is recorded with the county register of deeds office and filed with the Township supervisor or other designated official accomplishing the approved land division or transfer.

(d)

The Township zoning enforcement officer or designee shall maintain an official record of all approved and accomplished land divisions or transfers.

§ 34-7 Standards for approval of land divisions.

[Amended 6-10-1999 by Ord. No. 233]

A proposed land division shall be approved if the following criteria are met:

All the parcels to be created by the proposed land division(s) fully comply with the applicable lot (parcel) yard and area requirements of the Township zoning ordinance (Chapter 44 of this publication), including, but not limited to, minimum lot (parcel), frontage/width, minimum road frontage, minimum lot (parcel) area, minimum lot width to depth ratio, and maximum lot (parcel) coverage and minimum set-backs for existing buildings/structures.

The proposed land division(s) comply with all requirements of the State Land Division Act and this chapter.

All parcels created and remaining have existing adequate accessibility or an area available therefor, to a public road for public utilities and emergency and other vehicles not less than the requirements of the applicable zoning ordinance, major thoroughfare plan, road ordinance, or this chapter. In determining adequacy of accessibility any ordinance standards applicable to plats shall also apply a minimum standard whenever a parcel or tract is proposed to be divided to create four or more parcels.

(4)

The ratio of depth to width of any parcel 10 acres or less created by the division shall not exceed a four to one ratio exclusive of access roads, easements, or non-buildable parcels created under § 34-8 and parcels added to contiguous parcels that result in all involved parcels complying with said ratio.

(5)

All parcels created by a land division shall comply with the following minimum standards:

Where accessibility is to be provided by a proposed new dedicated public road, proof that the county road commission or Michigan Department of Transportation has approved the proposed layout and construction design of the road and of utility easements and drainage facilities connected therewith.

Where accessibility by vehicle traffic and for utilities is permitted through other than a dedicated and accepted public road or easement, such accessibility shall comply with Zoning Ordinance Section 42-9.15 Private Roads.

[Amended 1-31-2022 by Ord. No. 278]

§ 34-8 Allowance for approval of other land division.

Notwithstanding disqualification from approval pursuant to this chapter, a proposed land division which does not fully comply with the applicable lot, yard, accessibility and area requirements of the applicable zoning ordinance or this chapter may be approved in any of the following circumstances:

Where the applicant executes and records an affidavit or deed restriction with the county register of deeds, in a form acceptable to the Township designating the parcel as "not buildable." Any such parcel shall also be designated as "not buildable" in the Township records, and shall not thereafter be the subject of a request to the zoning board of appeals for variance relief from the applicable lot and/or area requirements, and shall not be developed with any building or above ground structure exceeding four feet in height.

Where, in circumstances not covered by Subsection (1) of this section, the zoning board of appeals has, previous to this chapter, granted a variance from the lot, yard, ratio, frontage and/or area requirements with which the parcel failed to comply.