Ordinance No. 53

TOWNSHIP OF SPRING ARBOR LOT PARTITION ORDINANCE
AN ORDINANCE TO REGULATE AND CONTROL
THE PARTITIONING, DIVIDING OR SPLITTING
OF LOTS IN THE TOWNSHIP OF SPRING ARBOR

At a regular meeting of the Spring Arbor Township Board held on the 14th day of
December 1998, at 7:30 o'clock p.m., the following Ordinance was heard and
passed:

THE TOWNSHIP OF SPRING ARBOR ORDAINS:

Section 1. Purpose
The purpose of this Ordinance is to promote the orderly and consistent partitioning,
dividing, or splitting of lots in the Township of Spring Arbor to promote the public safety, health and general welfare of the community by providing for the orderly growth and harmonious development of the Township. The purpose is also to insure compliance with the Subdivision Control Act of the State of Michigan being PA 288 of 1967.

Section 2. Definitions
2.1 Lot - A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area; and to provide such yards and other open spaces as are required by the Spring Arbor Township Zoning Ordinance. A lot may consist of a single lot of record, a portion of a lot of record, or contiguous portions of lots of record. Provided further, that where a lot is made up of more than one lot, parcels or combinations of lots and parcels no portion of said lot shall thereafter be sold or conveyed or any interest created therein if the remaining parcel is of insufficient size to meet the minimum zoning requirements for use, coverage and area.
2.2 Lot Area - The square footage of the property within the drawn lines of a platted lot.
2.3 Lot of Record - A lot which is part of a subdivision and is shown on a map thereof which has been recorded and in the office of the Register of Deeds of Jackson County.
Section 3. Lot Partition, Division or Split in a Recorded Plat
The division, partitioning, or splitting of a lot in a recorded plat is prohibited unless approved following application to die Township Board. The application shall be filed with the Township Clerk and shall state the reason for the proposed division, partition or split. Notwithstanding any language to the contrary, no lot in a recorded plat shall be divided into more than four (4) resulting parcels, and the resulting lots shall be no less in area than permitted by the Zoning Ordinance of Spring Arbor Township. No building permits shall be issued, or construction commenced, until the division, partition or splitting of the lot has been approved by the Township Board. No lot shall be partitioned, divided, or split and offered for sale without the owner thereof having first obtained the permission of the Township Board. Notwithstanding any language to the contrary the division, partition or splitting of a lot resulting in a lot smaller in area or lesser in width than required by the Zoning Ordinance may be permitted if such division, partition or split increases or adds to the existing parcel or parcels.

Section 4. Recording
The County Register of Deeds shall not record a document involving the division of a lot in a recorded plat unless approved by the Township Board in compliance with the terms of this Ordinance.

Section 5. Application
The application to partition, divide or split a lot shall contain a drawing showing the dimensions and descriptions of the lot prior to the division, partition or split, and a drawing showing the dimensions and descriptions of each part of the lot as will exist after the division, partition or split.

Section 6. Approval
Approval of the division of a lot in a recorded plat shall be contingent on an
agreement in writing by the application that any sales contract, deed or other document
presented for recording at the office of die Register of Deeds shall be accompanied by a copy of the written approval of the Township and a copy of the drawing of the lot as approved for dividing.

Section 7. Violation and Penalties
Anyone violating the provisions of this Ordinance shall upon conviction thereof be subject to a fine of not more than Five Hundred ($500.00) Dollars and the cost of prosecution thereof, by imprisonment in the County jail for a period not to exceed ninety (90) days, or both. The imposition of any sentence shall not exempt the offender from compliance with requirements of this Ordinance. The penalties provided in this section are not exclusive, and the Township may pursue such civil and equitable remedies as it deems fit in the circumstances.

Section 8. Effective Date
This Ordinance shall take effect thirty (30) days after publication in a newspaper of general circulation in the Township.
MEMBERS PRESENT: Goldsmith, DeVries, Melchiori, Fortress, Ganton, Short, Videto MEMBERS ABSENT: None

AYES: Goldsmith, DeVries, Melchiori, Fortress, Ganton, Short, Videto NAYS: None
Adopted: December 14, 1998
Effective: January 22, 1999