Summit Township City Zoning Code
CHAPTER 151
LAND DIVISION
§ 151.01 TITLE.
This chapter shall be known and cited as the “Township of Summit Land Division Ordinance.”
(Ord. 28.01, passed 11-11-1997)
§ 151.02 PURPOSE.
The purpose of this subchapter is to carry out the provisions of the State Land Division Act (Public Act 288 of 1967, being M.C.L.A. §§ 560.101 - 560.293, 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 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 township by establishing reasonable standards for prior review and approval of land divisions within the township.
(Ord. 28.01, passed 11-11-1997)
§ 151.03 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
DIVIDED or DIVISION. The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, personal representatives, administrators, legal representatives, successors or assigns, for the purpose of sale or lease of more than 1 year, or of building development that results in 1 or more parcels of less than 40 acres or the equivalent, and that satisfies the requirements of §§108 and 109 of the State Land Division Act, being M.C.L.A. §§ 560.108 and 560.109. Divide and division does not include a property transfer between 2 or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any adjacent parcel shall not be considered a building site unless the parcel conforms to the requirements of the Land Division Act and the requirements of this subchapter or other applicable ordinances.
EXEMPT SPLIT. The partitioning or splitting of a parcel or tract of land by the proprietor thereof, or by his or her heirs, personal representatives, administrators, legal representatives, successors, or assigns, that does not result in 1 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 the access.
FORTY ACRES OR THE EQUIVALENT. 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. The Township Board for the Township of Summit.
(Ord. 28.01, passed 11-11-1997; Ord. passed 3-25-2008)
§ 151.04 PRIOR APPROVAL REQUIREMENT FOR LAND DIVISIONS.
(A) Land in the township shall not be divided without the prior review and approval of the Township Assessor, or other official designated by the Township Board, in accordance with this chapter and the State Land Division Act, being M.C.L.A. §§ 560.101 et seq.
(B) The following shall be exempted from this requirement:
(1) A parcel proposed for subdivision through a recorded plat pursuant to the township’s subdivision control ordinance and the State Land Division Act, being M.C.L.A. §§ 560.101 et seq.;
(2) A lot in a recorded plat proposed to be divided in accordance with the township’s subdivision control ordinance and the State Land Division Act, being M.C.L.A. §§ 560.101 et seq.; and
(3)
An exempt split as defined in this subchapter.
(Ord. 28.01, passed 11-11-1997) Penalty, see § 151.99
§ 151.05 APPLICATION FOR LAND DIVISION APPROVAL.
An applicant shall file all of the following with the Township Assessor or other official designated by the Township Board for review and approval of a proposed land division before making any division either by deed, land contract, lease for more than 1 year, or for building development:
(A) A completed application form on the form as may be provided by the township;
(B) Proof of fee ownership of the land proposed to be divided;
(C) A tentative parcel map showing the dimensions and legal descriptions of the parcels proposed to be created by the division(s), the location of all existing structures and other land improvements, accessibility of the parcels, the parcel lines, and public utility easements, and utilities from existing public roads;
(D) Proof that all standards of the State Land Division Act, being M.C.L.A. §§ 560.101 et seq. and this subchapter have been met;
(E) The history and specifications of any previous divisions of land of which the proposed division was a part, sufficient to establish that the parcel to be divided is legally entitled to further divisions;
(F) If a transfer of division rights is proposed in the land transfer, detailed information about the terms and availability of the proposed transfer of division rights;
(G) A showing that each resulting parcel that is a development site has adequate easements for public utilities from the parcel to existing public utility facilities; and
(H) A fee as may from time to time be established by resolution of the Township Board for land division reviews pursuant to this subchapter to cover the costs of review of the application and administration of this subchapter and the State Land Division Act, being M.C.L.A. §§ 560.101 et seq.
(Ord. 28.01, passed 11-11-1997; Ord. passed 3-25-2008)
§ 151.06 PROCEDURE FOR REVIEW OF APPLICATIONS FOR LAND DIVISION APPROVAL.
(A) Upon receipt of a land division application package, the Township Assessor or other official designated by the Township Board shall forthwith submit the same to the Township Assessor or other designated official for decision. The Township Assessor or other designee 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 after receipt of the application package conforming to this subchapter’s requirements, and shall promptly notify the applicant of the decisions and the reasons for any denial. If the application package does not conform to the requirements of this subchapter and the State Land Division Act, being M.C.L.A. §§ 560.101 et seq., the Assessor or other designee shall return the same to the applicant for completion and refiling in accordance with this subchapter and the State Land Division Act.
(B) Any person or entity aggrieved by the decision of the Assessor or designee may, within 30 days of the decision, appeal the decision to the Township Board or the other Board or person designated by the Township Board which shall consider and resolve the appeal by a majority vote of the 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 the meeting and appellate hearing.
(C) The Township Assessor or designee shall maintain an official record of all approved and accomplished land divisions or transfers.
(D) Approval of a division is not a determination that the resulting parcels comply with Chapter 150, other ordinances or other regulations.
(E) The township and its officers and employees shall not be liable for approving a land division if building permits for construction on the parcels are subsequently denied because of inadequate water supply, sewage disposal facilities or otherwise, and any notice of approval shall include a statement to this effect.
(Ord. 28.01, passed 11-11-1997; Ord. passed 3-25-2008)
§ 151.07 STANDARDS FOR APPROVAL OF LAND DIVISIONS.
(A) Generally. A proposed land division shall be approved if the following criteria are met.
(B) Criteria.
(1) 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 setbacks for existing buildings/structures.
(2) The proposed land division(s) comply with all requirements of the State Land Division Act, being M.C.L.A. §§ 560.101 et seq. and this subchapter.
(3) The ratio of depth to width of any parcel created by the division does not exceed a 4:1 ratio exclusive of access roads, easements, or parcels added to contiguous parcels that result in all involved parcels complying with the ratio. The parent parcel is not subject to the requirements of this section.
(a) The permissible 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.
(b) The permissible minimum width shall be as defined in the applicable zoning ordinance.
(4) That the requirements of § 151.05 have been met.
(5) 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.
(a) 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.
(b) Where accessibility by vehicle traffic and for utilities is permitted through other than a dedicated and accepted public road or easement, the accessibility shall comply with the provisions of Chapter 150.
1. Any intersection between private and public roads shall contain a clear vision triangular area of not less than 2 feet along each right-of-way line as measured from the intersecting right-of-way lines.
2. No private road or easement shall extend for more than 1,000 feet from a public road.
(Ord. 28.01, passed 11-11-1997) Penalty, see § 151.99
§ 151.08 CONFLICTS.
All ordinances or parts of ordinances in conflict with this subchapter are hereby repealed, except that this chapter shall not be construed to repeal any provision in Chapter 150, Township of Summit subdivision control ordinance, or the township building code.
(Ord. 28.01, passed 11-11-1997)
§ 151.09 EFFECTIVE DATE.
This chapter shall take effect 30 days following its publication.
(Ord. 28.01, passed 11-11-1997)
§ 151.10 SEVERABILITY.
The provisions of this subchapter are hereby declared to be severable and if any clause, sentence, word, section, or provision is declared void or unenforceable for any reason by any court of competent jurisdiction, it shall not affect any portion of this chapter other than said part or portion thereof.
(Ord. passed 3-25-2008)
§ 151.20 TITLE.
This subchapter shall be known as "The Summit Township Lot Partition Ordinance."
(Ord. 28.01, passed 9-9-08)
§ 151.21 PURPOSE.
The purpose of this subchapter is to regulate and control the partitioning or dividing of lots, outlots, or other parcels of land in a recorded plat and the division of unplatted parcels in the township, in order to promote the safety, public health, and general welfare of the community by providing for orderly growth and harmonious development of the community and achieving individual property lots of maximum utility and livability.
(Ord. 28.01, passed 9-9-08)
§ 151.22 DEFINITIONS.
The following definitions shall apply in the interpretation and enforcement of this subchapter, unless otherwise specifically stated. The word SHALL is always mandatory and not merely directory.
LOT. A measured portion of a parcel or tract of land, which is described and fixed in a recorded plat.
OUTLOT. When included within the boundary of a recorded plat, means a lot set aside for purposes other than a building site, park, or other land dedicated to public use or reserved to private use.
PARCEL. A continuous area or acreage of land as defined in the Land Division Act (PA 288 of 1967, being M.C.L.A. §§ 560.101, et seq, as amended, formerly known as the Subdivision Control Act).
(Ord. 28.01, passed 9-9-08)
§ 151.23 LOT DIVISION IN RECORDED PLATS.
The division of a lot in a recorded plat is prohibited, unless approved following application to the Township Board. The application shall be filed with the Township Clerk and shall state the reasons for the proposed division. No lot in a recorded plat shall be divided into more than 4 parts, and the resulting lots shall be no less in area than permitted by the Zoning Ordinance of Summit Township. No building permit shall be issued, or any building construction commenced, until the division has been approved by the Township Board and the suitability of the land for building sites has been approved by the Jackson County Health Department. The division of a lot resulting in a small area or lesser width than prescribed by the Zoning Ordinance of Summit Township, or the Land Division Act (PA 288 of 1967, being M.C.L.A. §§ 560.101, et seq, as amended, formerly known as the Subdivision Control Act), may be permitted, but only for the purpose of adding to the existing site or sites. The application shall so state and shall be in affidavit form.
(Ord. 28.01, passed 9-9-08)
§ 151.99 PENALTY.
(A) Any division of land in violation of any provision of this chapter shall not be recognized as a land division on the township tax roll or assessment roll until the assessing officer refers the suspected violation or potential non-conformity to the county prosecuting attorney and gives written notice to the person requesting the division, and the person suspected of the violation or potential non-conformity of such referral to the prosecuting attorney. The township shall further have the authority to initiate injunctive or other relief to prevent any violation or continuance of any violation of this chapter. Any division of land in violation of this chapter shall further not be eligible for any zoning or building permit for any construction or improvement thereto.
(B) In addition, any person, firm, or corporation who violates any of the provisions of this chapter shall be deemed to be responsible for a municipal civil infraction as defined by Michigan statute which shall be punishable by a civil fine of not more than $500 along with costs which may include all expenses, direct and indirect, to which the township has been put in connection with the municipal civil infraction. In no case, however, shall costs of less than $10, nor more than $500, be ordered. A violator of this chapter shall also be subject to such additional sanctions and judicial orders as are authorized under Michigan law.
(C) Pursuant to Section 267 of the Land Division Act, being M.C.L.A. §§ 560.101 et seq. (M.C.L.A. § 560.267), an unlawful division or split shall also be voidable at the option of the purchaser and shall subject the seller to the forfeiture of all consideration received or pledged therefore, together with any damages sustained by the purchaser, recoverable in an action at law.
(Ord. passed 3-25-2008
; Am. Ord. 28.01, passed 9-9-08
)