The Village Council of Stockbridge has recognized and concluded that land divisions of un-platted land should be monitored and regulated by the village. It being recognized by the village council that land divisions of un-platted lands should not create unbuildable or illegal lots, that land divisions should not result in lots not meeting the requirements of the Village of Stockbridge Zoning Ordinance, that land divisions should not be "land locked," that land divisions should be served by roads that allow easy access for both the homeowner and emergency services. It further being recognized that subsequent purchasers should be protected from purchasing substandard lots.

Further, the council has recognized and concluded that a land division ordinance would facilitate the assessment of real property taxes would foster sound land use planning techniques and would further enhance an orderly and definite procedure for land division in the Village of Stockbridge. Accordingly, it is the intent and purpose of the village council to adopt reasonable regulations for land division in the Village of Stockbridge.

This section of the zoning code is not intended to regulate the division of previously platted subdivision lots. Instead, that process is covered by article VI.

(Ord. No. 2018.10-1, 10-1-2018)

This land division article shall apply to all land divisions of un-platted land in the Village of Stockbridge after the effective date of the land division article.

Application. The written document required in such form and shape as determined by resolution of the village council to indicate a request for a land division. The application shall at a minimum include a survey, which shall set forth the following:

(1)

Drawn to scale of not smaller than one-inch equals 100 feet and prepared, sealed, and signed by a registered land surveyor;

(2)

Survey to show all existing structures on the site and those located on abutting property within 50 feet of the lot line;

(3)

All buildings are to be dimensioned from the proposed boundary lines of any new parcel;

(4)

Boundaries of any water body or wetlands;

(5)

All proposed divisions with complete dimensions and area of each proposed resulting parcel;

(6)

Proposed easement locations with dimensions for utilities and other purposes; and

(7)

The survey shall indicate the current zoning district of the parcel proposed to be split and all contiguous parcels of property.

(Ord. No. 2018.10-1, 10-1-2018)

(a)

Clerk's action. Upon receipt of the completed application, the clerk shall:

(1)

Collect a fee as established by resolution of the village council;

(2)

Forward 13 copies of the application and survey to the village council;

(3)

Provide a copy of same to the zoning administrator, who shall review same for administrative completeness within seven days of receipt:

a.

If the application is administratively complete, the zoning administrator shall inform the clerk in writing, with a copy to the applicant. Thereafter, the clerk shall continue with the procedures set forth in this section.

b.

If the application is not administratively complete, the zoning administrator shall inform the clerk in writing, with a copy to the applicant. Thereafter, the clerk shall take no further action to complete the procedures in this section until a revised application is received by the applicant. If the applicant does not submit a revised application within 90 days of the date of the zoning administrator's written notice, then the application is deemed denied and the fee forfeited to the village, unless the time frame is extended in writing by the zoning administrator for good cause, as determined in the zoning administrator's sole discretion.

(4)

Forward a request to the village treasurer, township treasurer, and township assessor for a statement setting forth the amount, if any, of due and unpaid taxes and/or special assessments on the land;

(5)

Forward a request to all public safety departments that serve the village for comment, including, but not limited to, the village DPW, village police department, and the Stockbridge Township Fire Department. The request should indicate that any response the departments desire the village council to receive should be submitted within 45 days of receipt of the request; and

(6)

Within 45 days, of receipt of the application, the response of the village treasurer, township treasurer, and township assessor, and any response from public safety divisions, the application shall be on the next available agenda of the village council meeting.

(b)

Village council's action.

(1)

Within 60 days after the village council completes its review of the application and supporting documentation, it shall either table, approve or deny the proposed land division;

(2)

The village council may add conditions to its approval;

(3)

The village council shall specifically place in writing upon the record the reasons for its decision;

(4)

The village council shall specifically inform the applicant upon the record that:

a.

No tax identification numbers shall be issued for any approved land divisions unless and until registered survey(s) with appropriate legal description(s) are recorded with Ingham County Register of Deeds for the land divisions and true copies of same are provided to the clerk;

b.

No approved land division is effective unless and until tax identification numbers are issued for the land divisions;

c.

All land divisions are null and void unless tax identification numbers are obtained within six months from date of approval;

d.

No land use or building permits can be issued until the land division becomes final;

e.

The registered survey(s) and legal descriptions must conform to the land division as approved by the village council;

f.

All taxes and special assessments due and owing must be paid, in advance of final approval of the split(s);

g.

All fees and costs associated with this split approval process must be paid prior to any tax identification numbers being issued or splits finalized.

(Ord. No. 2018.10-1, 10-1-2018)

(a)

All resulting divisions shall meet the zoning requirements of the zoning district in which they are located.

(b)

All resulting divisions shall have such road frontage, in type and amount as required by the Village of Stockbridge Zoning Ordinance.

(c)

No resulting division shall exceed a width to depth ratio of four to one.

(d)

All existing structures shall meet, after all divisions, the minimum set back requirements for the zoning district in which they are located.

(e)

No division shall be allowed that results in a violation of the Michigan Subdivision Control Act, being MCL 560.101 et seq.

(f)

All requirements of this land division article have been met.

(g)

Legal proof of availability of the number of proposed splits from the parent parcel and deed restrictions and easements of record on the parent parcel.

(h)

The resulting lot splits shall provide utility easements across the proposed parcel(s), as required by the village engineer.

(Ord. No. 2018.10-1, 10-1-2018)

Prior to any division of land in the Village of Stockbridge, any due and unpaid taxes shall be paid.

(Ord. No. 2018.10-1, 10-1-2018)

Prior to any division of land in the Village of Stockbridge, the entire balance of any special assessments shall be paid in full.

(Ord. No. 2018.10-1, 10-1-2018)

The provisions of this land division article shall not apply to the following:

(1)

"Subdivisions," as that term is defined by the Michigan Subdivision Control Act, being MCL 560.101 et seq.;

(2)

"Planned unit developments (PUD)" as defined by MCL 125.216(c);

(3)

"Condominium project" as defined by the Michigan Condominium Act, being MCL 559.101 et seq.

(Ord. No. 2018.10-1, 10-1-2018)

The requirements of this land division article are in addition to any other state and county requirements regulating land division and/or land use in the Village of Stockbridge.

(Ord. No. 2018.10-1, 10-1-2018)

Penalties. Every person, corporation, or firm who violates, disobeys, omits, neglects, or refuses to comply with any provision of this land division article shall be guilty of a municipal civil infraction as set forth in section 1-6.

Remedies. The village council or the attorney of the Village of Stockbridge and any interested party, may institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, abate or remove any unlawful erection, alteration, maintenance, or use and to declare the split null and void. The rights and remedies herein provided are civil in nature and in addition to criminal remedies.

(Ord. No. 2018.10-1, 10-1-2018)