Ordinance No. 49-B

TOWNSHIP OF SPRING ARBOR LAND DIVISION ORDINANCE
AN ORDINANCE TO REGULATE PARTITIONING OR DIVISION OF PARCELS OR TRACTS OF LAND, ENACTED PURSUANT BUT NOT LIMITED TO MICHIGAN PUBLIC ACT 288 OF 1967, AS AMENDED, AND ACT 246 OF 1945, AS AMENDED, BEING THE TOWNSHIP GENERAL ORDINANCE STATUTE; TO PROVIDE A PROCEDURE THEREFORE; TO REPEAL ANY ORDINANCE OR PROVISION THEREOF IN CONFLICT HEREWITH; AND TO PRESCRIBE PENALTIES AND ENFORCEMENT REMEDIES FOR THE VIOLATION OF THIS ORDINANCE.
ORDINANCE NO. 49-B

At a regular meeting of the Township Board held in the Township Hall on the l0 th day of November, 1997 at 7:35 p.m., the following Ordinance was heard and passed:

THE TOWNSHIP OF SPRING ARBOR ORDAINS:

Section 1. Title
This Ordinance shall be known and cited as the Township of Spring Arbor Land Division Ordinance.

Section 2. Purpose
The purpose of this Ordinance is to carry out the provisions of the State Land Division Act (1967 PA 288, as amended, formerly known as the Subdivision Control Act), 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.

Section 3. Definitions
For purposes of this Ordinance certain terms and words used herein shall have the following meaning:
A. "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.
B. "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 less than 40 acres or the equivalent, and that satisfies the requirements of Section 108 and 109 of the State Land Division Act.
C. "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 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.
D. "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.
E. "Governing body" - the Township Board for the Township of Spring Arbor.
Section 4. Prior Approval Requirement For Land Divisions
Land in the Township of Spring Arbor shall not be divided without the prior review and approval of the Township Assessor, or other official designated by the Township Board, in accordance with this Ordinance 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 Township's Subdivision Control Ordinance and the State Land Division Act.
B. A lot in a recorded plat proposed to be divided in accordance with the Township's Subdivision Control Ordinance and the State Land Division Act.
C. An exempt split as defined in this Ordinance.

Section 5. Application For Land Division Approval
An applicant shall file all of the following with the Township Assessor or other official designated by the 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.
A. A completed application form on such form as may be provided by the Township.
B. Proof of fee ownership of the land proposed to be divided.
C. A tentative parcel map showing the dimensions and legal descriptions of the parcels proposed to be created by the division(s), the location of all existing structures and other land improvements, accessibility of the parcels, the parcel lines, and public utility easements, and utilities from existing public roads.
D. Proof that all standards of the State Land Division Act and this Ordinance have been met. (See checklist accompanying this Ordinance).
E. 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.
F. If transfer of division rights are proposed in the land transfer, detailed
information about the terms and availability of the proposed division rights transfer.
G. A showing that each resulting parcel that is a development site has adequate easements for public utilities from the parcel to existing public utility facilities.
H. A fee as may from time to time be established by resolution of the Township Board for land division reviews pursuant to this Ordinance to cover the costs of review of the application and administration of this Ordinance and the State Land Division Act!

Section 6. Procedure For Review Of Applications For Land Division Approval
A. Upon receipt of a land division application package, the Township Assessor or other official designated by the Township Board shall forthwith submit the same to the Township Assessor or other designated official for decision. The Township Assessor 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 receipt of the application package conforming to this Ordinance's requirements, and shall promptly notify the applicant of the decisions and reasons for any denial. If the application package does not conform to this Ordinance's requirements and the State Land Division Act, the assessor or other designee shall return the same to the applicant for completion and re-filing in accordance with this Ordinance and the State Land Division Act.
B. Any person or entity aggrieved by the decision of the Assessor or designee may, within 30 days of said decision, appeal the decision to the Township Board or such other Board or person designated by the Township Board which shall consider and resolve such appeal by a majority vote of said Board or by the designee at its next regular meeting or session affording sufficient time for a 20 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. The Township Assessor or designee shall maintain an official record of all approved and accomplished land divisions or transfers.
D. Approval of a division is not a determination that the resulting parcels comply with the Zoning Ordinance, other Ordinances or other regulations.
E. 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 this effect.

Section 7. Standards For Approval Of Land Divisions
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 the applicable zoning ordinance, 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.
B. The proposed land division(s) comply with all requirements of the State Land Division Act and this Ordinance.
C. 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 parcels added to contiguous parcels that result in all involved parcels complying with said ratio. The parent parcel is not subject to the requirements of this Section.
The permissible 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 permissible minimum width shall be as defined in the applicable zoning ordinance.
D. That the requirements of Section 5 have been met.
E. In the absence of applicable zoning or other ordinances providing a different standard, all parcels created by a land division shall comply with the following minimum standards:

(1) 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.
(2) 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 the provisions of the Township
Zoning Ordinance.
(a) Any intersection between private and public roads shall contain a clear vision triangular area of not less than two feet along each right of way line as measured from the intersecting right of way lines.
(b) No private road or easement shall extend for more than 1,000 feet from a public road.

Section 8. Penalties And Enforcement
Any division of land in violation of any provision of this Ordinance shall not be recognized as a land division on the Township tax roll or assessment roll until the assessing officer refers the suspected violation or potential nonconformity to the County Prosecuting Attorney and gives written notice of such referral to the person requesting the division and the person suspected of the violation or potential nonconformity. In addition, the assessing officer shall give written notice of the suspected violation or potential nonconformity to the Department of Consumer and Industry Services. The Township shall further have the authority to initiate injunctive or other relief to prevent any violation or continuance of any violation of this Ordinance. Any division of land violation of this ordinance shall further not be eligible for any zoning or building permit for any construction or improvement thereto.
In addition, any person, firm or corporation who violates any of the provisions of this Ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statute, which shall be punishable by a civil fine of not more than Five Hundred ($500.00) Dollars, along with costs that may include all expenses, direct and indirect, that the Township has incurred less than Nine ($9.00) Dollars nor more than Five Hundred ($500.00) Dollars be ordered. A violator of this Ordinance shall also be subject to additional sanctions and judicial orders as authorized under Michigan law.
Pursuant to Section 267 of the Land Division Act (MCL 560.267), an unlawful division or split shall also be voidable at the option of the purchaser and shall subject the seller to the forfeiture of all consideration received or pledged therefore, together with any damages sustained by the purchased, recoverable in an action of law.

Section 9. Severability
The provisions of this Ordinance are hereby declared to be severable and if any clause, sentence, word, section or provision is declared void or unenforceable for any reason by any court of competent jurisdiction, it shall not affect any portion of this Ordinance other than said part or portion thereof.

Section 10. Repeal
All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed, except that this Ordinance shall not be construed to repeal any provision in the Township of Spring Arbor Zoning Ordinance, Township of Spring Arbor Subdivision Control Ordinance or the Township Building Code.

Section 11. Effective Date
This Ordinance shall take effect thirty (30) days following its publication.
MEMBERS PRESENT: Goldsmith, DeVries, Melchiori, Fortress, Canton, Videto
MEMBERS ABSENT: Short
AYES: Goldsmith, DeVries, Melchiori, Fortress, Canton, Videto
NAYS: None
Adopted: November 10, 1997
Effective: December 26, 1997