This ordinance shall be known and cited as the Porter Township Land Division Ordinance.

The purpose of this ordinance is to carry out the provisions of the State Land 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.

For purposes of the 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 forty (40) acres or the equivalent, and that satisfies the requirements of Sections 108 and 109 of the State Land Division Act.

C.

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 forty (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 forty (40) acres, a quarter-quarter section containing not less than thirty (30) acres, or a government lot containing less than thirty (30) acres.

Land in the township shall not be divided without the prior review and approval of the township assessor, building inspector and zoning enforcement officer, or other official designated by the governing body, 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 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 Subdivision Control Ordinance and the State Land Division Act.

C.

An exempt split as defined in this ordinance.

An applicant shall file all of the following with the township building inspector and zoning enforcement officer or other official designated by the township 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 survey map of the land proposed to be divided, prepared pursuant to the survey map requirements of 1970 PA 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. In lieu of such survey map, at the applicants(s option, the applicant may waive the thirty (30) day statutory requirement for a decision on the application until such survey map and legal description are filed with the township, and submit a tentative preliminary parcel map drawn to scale of not less than that provided for on the application form including an accurate legal description of each proposed division, and showing the boundary lines, dimensions, and the accessibility of each division from existing or proposed public roads for automobile traffic and public utilities, for preliminary review, approval, and/or denial by the locally designated official prior to a final application under Section 5. The township building inspector and zoning enforcement officer or other official designated by the township, may waive the survey map requirement where the foregoing tentative parcel map 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.

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.

Proof that all due and payable taxes or installments of special assessments pertaining to the land proposed to be divided are paid in full.

G.

If transfer of division rights are proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer.

H.

Unless a division creates a parcel which is acknowledged and declared to be not buildable under Section 8 of this ordinance, proof that all divisions shall result in buildable parcels containing sufficient build-able area outside of unbuildable wetlands, flood plains and other areas where buildings are prohibited therefrom, and with sufficient area to comply with all required setback provisions, minimum floor areas, off-street parking spaces, on-site sewage disposal and water well locations (where public water and sewer service is not available), and maximum allowed area coverage of buildings and structures on the site.

I.

The fee to cover the costs of review of the application and administration of this ordinance and the State Land Division Act may be established by resolution of the township.

A.

Upon receipt of a complete land division application package, the township assessor or other designee shall within thirty (30) days:

1.

Approve the application.

2.

Approve with reasonable conditions to assure compliance with applicable ordinances and the protection of public health, safety and general welfare.

3.

Disapprove the land division. The township shall promptly notify the applicant of the decisions and the reasons for any denial. If the application package does not conform to this and all other applicable ordinance 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 twenty eight (28) days of said decision appeal the decision to the township board or such other board or person designated by the governing body which shall consider and resolve such appeal by a majority vote or 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.

A decision approving a land division is effective for sixty (60) days, after which it shall be considered revoked unless within such period a document is recorded with the County Register of Deeds office and filed with the township assessor or other designated official accomplishing the approved land division or transfer.

D.

The township assessor or designee shall maintain an official record of all approved and accomplished land divisions or transfers.

E.

In the absence of applicable zoning or other ordinances providing a different standard, all parcels in agricultural zoned area, created by a land division shall comply with the following minimum standards:

1)

A minimum road frontage of 220 feet on a public road or municipally approved private road.

2)

A minimum lot (parcel) area of 87,120 square feet.

3)

No more than one (1) entrance to a county road for every 220 feet.

F.

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 following:

a)

Where such private road or easement extends for more than 660 feet from a dedicated public road, or is serving or intended to serve more than one separate parcel, unit or ownership, it shall be not less than sixty six (66) feet in right-of-way width, twenty four (24) feet in improved roadbed width with at least three feet of improved shoulder width on each side and adequate drainage ditches and necessary culverts on both sides to accumulate and contain surface waters from the road area. It shall further be improved with not less than six inches of a processed and stabilized gravel base over six inches of granular soil, have a grade of not more than seven percent, and if dead-ended, shall have a cul-de-sac with a radius of not less than fifty (50) feet of improved roadbed for the accommodation of emergency, commercial and other vehicles.

b)

Where the private road or easement is 660 feet or less in length, and is serving or intended to serve not more than four separate parcels, units or ownerships, it shall not be less than forty (40) feet in right-of-way width, twenty (20) feet in improved roadbed width with at least two (2) feet of improved shoulder width on each side, and adequate drainage ditches on both sides with necessary culverts to accommodate and contain surface waters from the road area. It shall further be improved with processed and stabilized gravel and granular soil, have a grade of not more than seven (7) percent, and a cul-de-sac where dead-ended as specified in subparagraph (5)(a) above. If said private road or easement is serving or intended to serve more than four (4) separate parcels, units or ownerships, the right-of-way and development standards set forth in (5)(a) above shall apply.

c)

If accessibility is by a private road or easement, a document acceptable to the municipality shall be recorded with the County Register of Deeds and filed with the assessor or designee specifying the method of private financing of all maintenance, improvements, and snow removal, the apportionment of these costs among those benefitted, and the right of the municipality to assess such costs against the properties benefitted, plus a 25-percent administrative fee and to perform such improvements in the event of a failure of those benefitted to privately perform these duties for the health, safety and general welfare of the area.

d)

Any intersection between private and public roads shall contain a clear vision triangular area of not less than two (2) feet along each right-of-way line as measured from the intersecting right-of-way lines.

e)

No private road or easement shall extend for more than 1,000 feet from a public road.

f)

No private road shall serve more than twenty five (25) separate parcels.

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.

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 the applicable zoning ordinance, major thoroughfare plan, road ordinance or this ordinance. In determining adequacy of accessibility, any ordinance standards applicable to plats shall also apply as a minimum standard whenever a parcel or tract is proposed to be divided to create four (4) or more parcels.

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 non-buildable parcels created under Section 8 of this ordinance and parcel added to contiguous parcels that result in all involved parcels complying with said ratio. The permissible depth of a parcel created by a land division shall be measured within the boundaries of each parcel from the center of the 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.

Notwithstanding disqualification from approval pursuant to this ordinance, a proposed land division which does not fully comply with the applicable lot, yard, accessibility and area requirements of the applicable zoning ordinance or this ordinance may be approved in any of the following circumstances:

A.

Where the applicant executes and records an affidavit or deed restriction with the county Register of Deeds, in a form acceptable to the township, designating the parcel as (not buildable). Any such parcel shall also be designated as not buildable in the township records, and shall not thereafter be the subject of a request to the zoning Board of Appeals for variance relief from the applicable lot and/or area requirements, and shall not be developed with any building or aboveground structure exceeding four feet in height.

B.

Where, in circumstances not covered by paragraph A. above, the Zoning Board of Appeals has, previous to this ordinance, granted a variance from the lot, yard, ratio, frontage and/or area requirements with which the parcel failed to comply.

C.

Where the proposed land division involves only the minor adjustment of a common boundary line or involves a conveyance between adjourning properties which does not result in either parcel violating this ordinance, any applicable zoning ordinance or the State Land Division Act.

Any parcel created in noncompliance with this ordinance shall not be eligible for any building permits, or zoning approvals, such as special 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 ordinance shall subject the violator to the penalties and enforcement action set forth in Section 10 of this ordinance, and as may otherwise be provided by law.

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Wherever the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person must file a written complaint, and such a complaint shall state fully the causes and basis thereof and shall be filed with the Zoning Administrator, who shall record properly such complaint, investigate and take action thereon as provided by this ordinance, and make an answer to the complaint.

Any violation of or any failure to comply with the provisions of this Ordinance shall be deemed a misdemeanor and shall be punishable by a fine not to exceed $500.00 or by imprisonment not to exceed 90 days or both. Each day that a violation of this Ordinance is continued or permitted to exist without compliance shall constitute a separate offense punishable upon conviction in the manner prescribed in this Section provided no person shall be imprisoned for a single but continuing violation of this Ordinance for a period of longer than 90 days.

In addition to the criminal sanctions herein provided, the Porter Township Board, after resolution duly adopted, shall have the authority to proceed in any Court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate civil proceedings to prevent, enjoin, abate, or remove any violation of this Ordinance.

In addition to any and all remedies set forth in Porter Township Ordinances, the Township may request the cost of prosecution, the cost of recovery, and the cost of removal shall become a special assessment on the property upon which is the subject matter of the action.

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or part thereof other than the part so declared to be unconstitutional or invalid.