ARTICLE III. LAND DIVISIONS

20-40 Title.

This article shall be known and cited as the charter township of Port Huron land division ordinance.

(Ord. No. 215, 3-16-2009)

20-41 Purpose.

The purpose of this article is to carry out the provisions of the State Land Division Act (1967 PA 488, 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 municipality by establishing reasonable standards for prior review and approval of land divisions within the township.

(Ord. No. 215, 3-16-2009)

20-42 Definitions.

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

(1)    Applicant means a natural person, firm, association, partnership, corporation, or combination of any of them that holds an ownership interest in land whether recorded or not.

(2)    Divide or division means 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 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. "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 article, and other applicable ordinances.

(3)    Exempt split or exempt division means 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.

(4)    Forty acres or the equivalent means either 40 acres, or quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres.

(5)    Governing body means the charter township of Port Huron board of trustees.

(Ord. No. 215, 3-16-2009)

20-43 Prior approval requirement for land division.

Land in the township shall not be divided or property lines changed without the prior review of the township assessor and planning commission with approval given by the governing body in accordance with this article and the State Land Division Act; provided, that the following shall be exempted from this requirement:

(1)    A parcel proposed for subdivision through a recorded plat pursuant to the State Land Division Act.

(Ord. No. 215, 3-16-2009)

20-44 Application for land division approval.

An applicant shall file all of the following with the township assessor for review of a proposed land division before making any division either by deed or land contract:

(1)    A completed application form on such form as may be approved by the township board.

(2)    Proof of fee ownership of the land proposed to be divided.

(3)    A survey map of the land proposed to be divided, prepared pursuant to the survey map requirements of 1970 Public Act 132, as amended (MCL 54-211) by a land surveyor licensed by the state of Michigan, and showing the dimensions and legal descriptions of the existing parcel and the parcels proposed to be created by the division(s), the location of all existing structures and other land improvements, and the accessibility of the parcels for vehicular traffic and utilities from existing public roads. The assessor or other official designated by the governing body may waive the survey map requirement where preliminary parcel is deemed to contain adequate information to approve a proposed land division considering the size, simple nature of the divisions, and the undeveloped character of the territory within which the proposed divisions are located. An accurate legal description of all the proposed divisions, however, shall at all times be required.

(4)    Proof that all standards of the State Land Division Act and this article have been met.

(5)    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.

(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 a 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 a development site" under section 20-47, all divisions shall result in "buildable" parcels with sufficient area to comply with all required setback provisions, minimum floor areas, off-street parking spaces, access to existing public utilities and public roads, 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 governing body of the township for land division reviews pursuant to this article to cover the costs of review of the application and administration of this article and the State Land Division Act.

(Ord. No. 215, 3-16-2009)

20-45 Procedure for review of applications for land division approval.

(a) The governing body 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 (unless waived under section 20-44(c)) after receipt of the application package conforming to this article’s requirements, and shall promptly notify the applicant of the decision and the reasons for any denial. If the application package does not conform to this article’s requirements and the State Land Division Act, the assessor or other designee shall return the same to the applicant for completion and refiling in accordance with this article and the State Land Division Act.

(b) Any person or entity aggrieved by a decision of the governing body may, within 30 days of said decision appeal the decision to the governing body of the township which shall consider and resolve such appeal by a majority vote of board 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 assessor shall maintain an official record of all approved and accomplished land divisions or transfers.

(Ord. No. 215, 3-16-2009)

20-46 Approval.

A proposed land division, or property line change, shall be approved if the following criteria are met:

(1)    All parcels to be created by the proposed land division(s) fully comply with applicable lot (parcel), yard and area requirements of the pertinent zoning ordinance, 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.

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

(3)    All parcels created and remaining have frontage on a public road.

(4)    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 nonbuildable parcels created under section 20-47. 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 the parcel shall be measured at the abutting road or right-of-way line, or as otherwise provided in any applicable ordinances.

(Ord. No. 215, 3-16-2009)

20-47 Allowance for approval of other land divisions.

Notwithstanding the provisions of section 20-46, a division which creates a parcel that satisfies all of the requirements of section 20-46 except that it does not satisfy one or more of the standards of sections 20-46(1) and (4), shall be approved if the applicant executes and records an affidavit or deed restriction with the County Register of Deeds clearly designating the parcel as "not a development site as defined under 1967 PA 288, as amended." Any parcel so designated shall not thereafter be used as a development site as defined under 1967 PA 288, as amended.

(Ord. No. 215, 3-16-2009)

20-48 Consequences of noncompliance with land division approval requirement.

Any parcel created in noncompliance with this article 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 article shall subject the violator to the penalties and enforcement actions set forth in section 20-49, and as may otherwise be provided by law.

(Ord. No. 215, 3-16-2009)

20-49 Penalties and enforcement.

Any person who violates any of the provisions of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $500.00 or by imprisonment in the county jail not to exceed 90 days or by both such fine and imprisonment.

Any person who violates any of the provisions of this article shall also be subject to a civil action seeking invalidation of the land division and appropriate injunctive or other relief.

(Ord. No. 215, 3-16-2009)