[HISTORY: Adopted by the Township Board of the Charter Township
of Midland 5-13-1998 by Ord. No.
86. Amendments noted where applicable.]
This chapter shall be known and cited as the "Midland Township
Land Division Ordinance."
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),[1] 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 otherwise provide for the health, safety and welfare of the residents
and property owners of the Township by establishing reasonable standards
for prior review and approval of land divisions within the Township.
[1]
Editor's Note: See MCLA § 560.101 et seq.
For purposes of this chapter, certain terms and words used herein
shall have the meaning set forth herein. Additionally, where terms
and words are set forth in the State Land Division Act, those terms
and words shall have the definitions ascribed to them in the State
Land Division Act, except as set forth within this section.
The Township Assessor and Chair of Planning Commission.
A natural person, firm, association, partnership, corporation,
or combination of any of them that holds an ownership interest in
land, whether recorded or not.
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 less than 40 acres or the equivalent, and
that satisfies the requirements of Sections 108 and 109 of the State
Land Division Act.[1] "Divide" or "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 State Land Division Act.
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.
Either 40 acres, a quarter-quarter section containing not
less than 30 acres, or a government lot containing not less than 30
acres.
The Township Board of Midland Township, Midland County, Michigan.
The Township of Midland, Midland County, Michigan.
[1]
Editor's Note: See MCLA §§ 560.108 and 560.109,
respectively.
Land in the Township shall not be divided without the prior
review and approval of the Administrator, or other official designated
by the Township Board, in accordance with this chapter and the State
Land Division Act; provided that the following shall be exempted from
this requirement.
A.Â
A parcel proposed for subdivision through a recorded plat pursuant
to the State Land Division Act.
B.Â
A lot in a recorded plat proposed to be divided in accordance with
the State Land Division Act.
C.Â
An exempt split as defined in this chapter, or other partitioning
or splitting that only results in parcels of 20 acres or more where
each parcel is not accessible (as defined in the State Land Division
Act) and either the parcel was in existence on March 31, 1998, or
resulted from exempt splitting under the State Land Division Act.
An applicant shall file all of the following with the Administrator
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.Â
A completed application form on such form as may be provided by the
Township.
B.Â
Proof of fee ownership of the land proposed to be divided or written
consent to the application signed by the fee owner of the land.
C.Â
A tentative parcel map showing the parent parcel or parent tract
which is the subject of the application, and the area, parcel lines,
public utility easements, and the manner of proposed access for each
resulting parcel. A tentative parcel map shall include:
(1)Â
Proposed boundary lines and the dimensions of each parcel;
(2)Â
Accurate legal description of each resulting parcel;
(3)Â
The location, dimensions and nature of proposed ingress to and egress
from any existing public or private road;
(4)Â
The location of any public street, driveway or utility easement to
be located within any resulting parcel.
D.Â
Proof that all standards of the State Land Division Act and this
chapter have been met.
E.Â
If requested by the Administrator, 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, 1998, the effective date of the State
Land Division Act.
F.Â
If transfer of division rights is proposed in the land transfer,
detailed information about the terms and availability of the proposed
division rights transfer.
G.Â
The fee as may from time to time be established by resolution of
the Township Board for land division reviews pursuant to this chapter
to cover the costs of review of the application and administration
of this chapter and the State Land Division Act.
A.Â
Upon receipt of a land division package, the Administrator shall
approve, approve with reasonable conditions or disapprove the land
division applied for within 45 days after receipt of the application
package conforming to this chapter's requirements, and shall
promptly notify the applicant 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 Administrator shall
return the same to the applicant for completion and refiling in accordance
with this chapter and the State Land Division Act.
B.Â
Any person or entity aggrieved by the decision of the Administrator
or designee may, within 30 days of said decision, appeal the decision
to the 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 ten-day written notice to the applicant
of the time and date of said meeting. The Township Board may affirm,
modify or reverse the decision of the Administrator, and its decision
shall be final.
C.Â
A land division approval is effective for 90 days from its issuance,
after which it shall be revoked unless within such period there is
recorded with the County Register of Deeds office and filed with the
Administrator a conveyance of the approved land division or survey
evidencing the same.
D.Â
The Administrator shall maintain an official record of all approved
and accomplished land divisions or transfers.
A proposed land division shall be approved by the following
criteria when met:
A.Â
All parcels to be created by the proposed land division(s), including resulting parcels, fully comply with the applicable lot, dimension, width, yard, area, frontage and access requirements of Chapter 300, Zoning, and other applicable ordinances.
B.Â
The proposed land division, including resulting parcels, comply with
all requirements of the State Land Division Act and this chapter.
Approval of a land division is not a determination that the
created or resulting parcels comply with other laws, ordinances of
the Township or applicable regulations. The Township and its officers
and employees shall not be liable for approving a land division if
building 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
to that effect.
Any parcel created in noncompliance with this chapter shall not be eligible for any building permits or zoning approvals, such as special land use approval or site plan approval, and shall not be recognized as a separate parcel on the assessment roll. In addition, violation of this chapter shall subject the violator to the penalties and enforcement actions set forth in § 175-10 of this chapter, and as may otherwise be provided by law.
A.Â
Any person who violates any of the provisions of this chapter shall
be deemed guilty of a civil infraction and shall be punished by a
fine not more than $500.
B.Â
Any person who violates any of the provisions of this chapter shall
also be subject to civil action legal or equitable proceedings arising
from the violation.
