This chapter shall be known and cited as the "Township of Buchanan
Land Division Ordinance."
The purpose of this chapter is to carry out the provision of
PA 591 of 1996, the State Land Division Act, effective March 31, 1997
(which amends 1967 PA 288, formerly known as the Subdivision Control
Act), MCLA §§ 560.101 et seq., 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 municipality by establishing reasonable standards for prior
review and approval of land divisions within the Township.
For purposes of this chapter, certain terms and words used herein
shall have the following meaning:
APPLICANT
A natural person, firm, association, partnership, corporation
or combination of any of them that hold an ownership interest in land
whether recorded or not.
DIVIDE or DIVISION
The partitioning or splitting of a parcel of land 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, MCLA §§ 560.108 and 560.109.
"Divide" and "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, this chapter, and other applicable
ordinances.
EXEMPT SPLIT or EXEMPT 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, 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.
FORTY 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.
Land in the Township shall not be divided without the prior
review and approval of the Township Assessor, or other official designated
by the governing body, in accordance with this chapter and the State
Land Division Act; provided that the following shall be exempted from
this requirement:
A. A parcel proposed for subdivision through a recorded plat pursuant
to the State Land Division Act.
B. A lot in a recorded plat proposed to be divided in accordance with
the State Land Division Act.
C. An exempt split as defined in this chapter.
An applicant shall file all of the following with the Township
Assessor or other official designated by the governing body 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. A completed application form on such form as may be approved by the
Township Board.
B. Proof of fee ownership of the land proposed to be divided.
C. A tentative parcel map drawn to scale, including an accurate legal
description of each proposed division, and showing the boundary lines,
approximate dimensions, and the accessibility of each division from
existing or proposed public roads for automobile traffic and public
utilities.
D. Proof that all standards of the State Land Division Act and this
chapter have been met.
E. The history and specifications of the land proposed to be divided
sufficient to establish that the proposed division complies with Section
108 of the State Land Division Act, MCLA § 560.108.
F. If a transfer of division rights is proposed in the land transfer,
detailed information about the terms and availability of the proposed
division rights transfer.
G. Unless a division creates a parcel which is acknowledged and declared
to be "not a development site," all divisions shall result in "buildable"
parcels with sufficient area to comply with all required setback provisions,
minimum floor areas, off-street parking spaces, approved on-site sewage
disposal and water well locations (where public water and sewer service
is not available), access to existing public utilities and public
roads, and maximum allowed area coverage of buildings and structures
on the site. Declared agricultural land and land for forestry use
shall not be subject to the foregoing as "development sites" as provided
in the State Land Division Act at Section 102, MCLA § 560.102.
H. The fee as may from time to time be established by resolution of
the governing body of the Township 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 proposed land division shall be approved if the following
criteria are met:
A. All the parcels to be created by the proposed land division(s) fully
comply with the applicable lot (parcel), yard and area requirements
of pertinent Ordinances, including, but not limited to, minimum lot
(parcel) frontage/width, minimum road frontage, minimum lot (parcel)
area, and maximum lot (parcel) coverage and minimum setbacks for existing
buildings/structures or have received a variance from such requirement(s)
from the appropriate Zoning Board of Appeals.
B. The proposed land division(s) comply with all requirements of the
State Land Division Act and this chapter.
C. 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
all applicable ordinances.
D. The ratio of depth to width of any parcel created by the division
does not exceed a four-to-one ratio exclusive of access roads, easements,
or nondevelopment sites. The depth of a parcel created by a land division
shall be measured within the boundaries of each parcel from the abutting
road right-of-way to the most remote boundary line point of the parcel
from the point of commencement of the measurement. The width of a
parcel shall be measured at the abutting road right-of-way line, or
as otherwise provided in any applicable ordinances.
Any parcel created in noncompliance with this chapter shall not be eligible for any building permits, or zoning approvals, such as conditional 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 §Â
142-9 of this chapter, and as may otherwise be provided by law.
The provisions of this chapter are hereby declared to be severable
and if any clause, sentence, word, section or provision is declared
void and unenforceable for any reason by any court of competent jurisdiction,
it shall not affect any portion of this chapter other than said part
or portion thereof.
All ordinances or parts of ordinances in conflict with this chapter are hereby repealed, except that this chapter shall not be construed to repeal any provision of Chapter
300, Zoning, of the Code of the Township of Buchanan or applicable Building Codes.