There is hereby established in and for the city, the planning commission of the City of Lake Angelus, to serve as a municipal planning commission as provided in Act 285 of the Public Acts of 1931, as amended. The planning commission shall be a public body and shall exercise its statutory powers and duties together with such other responsibilities as may be delegated to it by ordinance or by resolution of the city council.

(Ord. 69. Passed 3-9-93.)

The planning commission shall consist of seven members who reside in the City of Lake Angelus and who shall represent, insofar as is possible, different professions and occupations, one of whom shall be a member of the city council, to be selected by resolution of the city council to serve as a member ex officio with full voting rights, six and of whom shall be appointed by the mayor as provided in this section. An appointment by the mayor shall be subject to approval of the city council by majority vote. An appointed member shall not hold another municipal office, except that one appointed member may be a member of the zoning board of appeals. The term of the ex officio member shall be determined by the city council and shall be stated in the resolution selecting the ex officio member, but the term shall not exceed the member's term of office as a member of the city council. The term of each appointed member shall be three years or until his or her successor takes office, except that the respective terms of two of the members first appointed shall be for one year and two for two years. After a public hearing, a member other than the member selected by the city council may be removed by the mayor for inefficiency, neglect of duty or malfeasance in office. The city council may for like cause remove the member selected by the city council.

(Ord. 82. Passed 12-8-97.)

The planning commission shall, from its appointed members, elect a chairperson and vice-chairperson for one-year terms at the first meeting held in each calendar year. There is no limit on the number of successive terms for which a chairperson or vice-chairperson may serve. The chairperson shall designate a secretary, who need not be a voting member of the planning commission, to keep a record of all proceedings. Four members shall constitute a quorum for the transaction of business and the affirmative vote of four members shall be required to validate any action by the planning commission. The planning commission shall:

(a)

Adopt rules for the transaction of its business and establish a schedule for the holding of regular public meetings.

(b)

Provide for the calling of special meetings and the provision of notice to the public of such meetings.

(c)

Keep a complete record of its resolutions, transactions, findings and determinations, which shall be available to the city council and to the public upon request.

(d)

Assure compliance with the Open Meetings Act with regard to the conduct of its business.

(Ord. 69. Passed 3-9-93; Ord. 93. Passed 4-9-01.)

The planning commission may submit requests for professional services by consultants to the mayor and city council, but it may not expend funds or contract for services except as approved and authorized by the city council.

(Ord. 69. Passed 3-9-93.)

Adoption; contents; amendment. The planning commission shall make and adopt a Master Plan for the physical development of the city, including any areas outside of its boundaries which, in the commission's judgment, relate to the planning of the city. The Master Plan, with the accompanying maps, plats, charts and descriptive matter, shall show the planning commission's recommendations for the development of the city, including streets, waterways, flood plains, water fronts, recreation areas, open spaces, public buildings, public property and public utilities, as well as a zoning plan for the control of height, area, bulk, location and use of buildings and property, and other features of a Master Plan as described in Act 285 of the Public Acts of 1931, as amended. The planning commission from time to time may amend, extend or add to the Master Plan.

Standards and purposes. In the preparation of the Master Plan, the planning commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the city with due regard to its relation to the neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, adequate provision of public utilities, the preservation of the water quality of Lake Angelus, the preservation of natural resources and other public requirements and benefits.

Adoption procedure. The planning commission may adopt the Master Plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the Plan, with parts corresponding with major geographical areas or with functional subdivisions of the subject matter of the Plan, and may adopt any amendment or extension thereof or addition thereto. Before adoption of the plan or any part thereof, the planning commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given, not less than 15 days prior to such hearing, by one publication in a newspaper of general circulation in the municipality and in the official gazette, if any, of the city, and by registered United States mail to each public utility company owning or operating any public utility within the city. The adoption of the plan or any part thereof shall be by resolution of the planning commission carried by the affirmative votes of not less than six members of the commission. The resolution shall refer expressly to the maps and descriptive and other matter intended by the commission to form the whole or part of the plan and the action taken shall be recorded on the map and Plan and descriptive matter by the identifying signature of the chairperson or secretary of the planning commission. An attested copy of the plan or part thereof shall be certified to the city council and to the Oakland County Register of Deeds.

(Ord. 69. Passed 3-9-93.)

The planning commission shall exercise all statutory authority and carry out all statutory duties set forth in Act 285 of the Public Acts of 1931, as amended, including the review and approval of proposed public works and public improvements and the review and approval of proposed plats.

Ord. 69. Passed 3-9-93.)

The planning commission shall serve in an advisory capacity to the city council and shall review applications and proposals and provide recommendations to the city council and the zoning board of appeals and the building official in regard to all matters of land use, including, but not limited to, the following:

Requests for changes in the zoning map.

Requests for amendments to the Zoning Code.

Requests for zoning variances.

Requests for site plan approval.

Requests for special land use permits.

Requests for lot split approval.

Requests for wetlands and floodplain use permits.

Requests for building permits which involve matters of significance to development of the city.

Other land use matters referred to the planning commission by the city council.

Other land use matters on which the planning commission wishes to submit a recommendation to the city council.

(Ord. 69. Passed 3-9-93.)

This chapter shall be known and cited as the City of Lake Angelus Land Division Regulations.

(Ord. 125. Passed 4-9-13.)

The purpose of this chapter is to carry out the provisions of the Land Division Act (Public Act 591 of 1996, as amended), to prevent the creation of parcels of property which do not comply with applicable ordinances and the 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 City of Lake Angelus.

(Ord. 125. Passed 4-9-13.)

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

Adjoining lot means the lot or outlot adjoining a sublot.

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.

Buildable means having sufficient upland area outside of regulated wetlands, wetland/watercourse setbacks, floodplains and protected woodlands to meet minimum structure setbacks, floor area, parking, sewage disposal and accessory building and use requirements, unless, prior to submitting the land division request, the appropriate use permit is obtained allowing construction in the regulated wetland, wetland/watercourse setbacks, floodplains or protected woodlands. "Buildable" further means having sufficient area to meet minimum parcel size requirements under the city zoning ordinance.

Divide or division means the partitioning or splitting of a parcel or tract of land by the owner 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 Land Division Act, as amended. "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, provided all resulting parcels conform to the requirements of the Land Division Act, this section, and other applicable statutes and ordinances.

Divided lot means a lot or outlot in a recorded plat that is partitioned or divided.

Exempt split or exempt division means the partitioning or splitting of a parcel or tract of land by the owner, 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 means either 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres.

Governing body means city council of the City of Lake Angelus.

Lot means a lot or outlot in a recorded plat.

Owner means a natural person, firm, association, partnership, corporation or combination of any of them which may hold any ownership interest in land whether recorded or not.

Parcel means a continuous area or acreage of land including lot(s).

Parent parcel or parent tract means a parcel or tract, in existence on the effective date of the Land Division Act, Public Acts of 1996, as amended.

Subdivide or subdivision means the partitioning or splitting of a parcel or tract of land by the owner 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 is not exempted from the platting requirements of the Land Division Act. "Subdivide" or "subdivision" 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, provided all resulting parcels conform to the requirements of the Land Division Act or the requirements of this chapter.

Sublot means one part of a divided lot.

Sublots means two or more parts of a divided lot.

Tract means two or more parcels that share a common property line and are under the same ownership.

(Ord. 125. Passed 4-9-13.)

Land in the city shall not be divided without the prior review and approval of the city assessor and city building official in accordance with this chapter and the Land Division Act.

(Ord. 125. Passed 4-9-13.)

An applicant shall file all of the following with the city assessor and city building official 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 signed by all persons who have any legal or equitable interest in the parent parcel(s). In cases where a parcel is combined with an adjoining parcel, the application shall also be signed by all persons having an interest in such adjoining parcels. Requirements for division shall be detailed.

(b)

A fee as established by resolution of the governing body of the city for land division reviews pursuant to this chapter to cover the costs of review of the application and administration of this chapter and the Land Division Act.

(c)

Proof of fee ownership of the land to be divided.

(d)

A survey map of the land in the application.

(e)

In lieu of such survey map, and prior to application, the applicant may submit a tentative preliminary parcel map to be reviewed, for conceptual purposes, by the city assessor and city building official. The tentative preliminary parcel map shall be drawn to a scale specified by city building official, and shall include an accurate legal description for each proposed division, and shall show the boundary lines, dimensions and accessibility of each proposed division from existing or proposed public roads and public utilities. When submitting a tentative preliminary parcel map, the applicant shall waive the 45-day statutory requirement for a decision and shall include a fee that is set by resolution of the governing body. The city assessor and city building official's decision regarding the feasibility of the proposed land division(s) is not binding upon the applicant or the city.

(f)

The city may waive the survey map requirement where the foregoing tentative preliminary parcel map is deemed to contain adequate information to approve a proposed land division. However, an accurate legal description of all proposed divisions shall, at all times, be required.

(g)

Proof that all standards of the Land Division Act and this chapter have been met.

(h)

Sufficient history and specifications of the land proposed to be divided in order to establish that the proposed division complies with Section 108 of the Land Division Act. Specifically, the application shall state that the land proposed to be divided is a parent parcel, or if not a parent parcel, then it shall provide the history of the land proposed to be divided from the parent parcel to present, including all leases, land contracts and conveyances.

(i)

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.

(Ord. 125. Passed 4-9-13.)

(a)

To be approved, all the following criteria must be met:

(1)

The city assessor and city building official shall review the application for completeness and shall, when deemed necessary, refer the application to the various departments of the city for review and approval. If the application package does not conform to this chapter's requirements and the Land Division Act, and other applicable ordinances and statutes, the city shall return the application package to the applicant for completion and refiling in accordance with this chapter.

(2)

All the parcels to be created by the proposed land division(s) shall fully comply with the applicable lot, yard and area requirements of pertinent ordinances, including, but not limited to, minimum lot frontage/width, minimum road frontage, minimum lot area, maximum lot coverage, minimum setbacks for existing buildings/structures, and depth to width ratios, or have received a variance from such requirement(s) from the appropriate zoning board of appeals.

(3)

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.

(4)

The proposed land division(s) shall comply with all requirements of the Land Division Act and this chapter.

(b)

A proposed land division which does not fully comply with the applicable lot, yard, accessibility and area requirements of the city zoning ordinance may be approved if the zoning board of appeals has granted a variance from the lot, yard, depth to width ratio, frontage and/or area requirements with which the parcel failed to comply.

(Ord. 125. Passed 4-9-13.)

(a)

The city assessor and city building official shall approve or deny a land division application within 45 days after receipt of an application package that conforms to this chapter's requirements, and shall promptly notify the applicant of the decision and all of the reasons for denial.

(b)

Any person or entity aggrieved by the decision of the city assessor and city building official may, within 20 days of said decision, appeal the denial to the city council by contacting the city clerk and securing an appointment on the next available agenda. Notice of the date, time and location of the appointment shall be mailed to the persons adjacent to the property to be divided. The mailing shall be sent to the persons as they appear on the assessment roll.

(c)

The city council shall, whenever possible, resolve such appeal by a majority vote at its next regular meeting or session. The city council shall have jurisdiction over appeals and shall conduct a de novo review of the application and determine whether permission to divide or combine shall be granted.

(d)

The city assessor shall maintain an official record of all approved and accomplished land divisions, combinations or transfers.

(Ord. 125. Passed 4-9-13.)

Any parcel created by deed, land contract, lease for greater than one year, or other conveyance which has not been approved for land division shall be considered in noncompliance with this chapter, and 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 Section 1222.99 of this chapter, and as may otherwise be provided by law.

(Ord. 125. Passed 4-9-13.)

(a)

Any person who violates any of the provisions of this chapter shall be deemed responsible for a civil infraction and shall be subject to a fine, damages and expenses as provided in Section 202.99 (d) of these codified ordinances.

(b)

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

(Ord. 125. Passed 4-9-13.)