This article is designed is assist those persons who desire to divide their land into smaller parcels.

The following definitions shall apply in this article:

1.

Division: Partitioning or splitting of a parcel or tract of land by the proprietor therefor or by his or her heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale, or lease of more than one (1) year, or of building development that results in one (1) or more parcels of less than forty (40) acres or the equivalent and that satisfies the requirements of Sections 108 and 109 of the Land Division Act. "Divided" or "division" does not include a property transfer between two (2) or more adjacent parcels, if the property taken from one (1) 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 or the requirements of other applicable local ordinances, including this ordinance.

2.

Exempt division or exempt split: The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrator, legal representatives, successors or assigns that does not result in one (1) or more parcels of less than forty (40) acres or the equivalent. For a property transfer between two (2) or more adjacent parcels, if the property taken from one (1) parcel is added to an adjacent parcel, any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the state Land Division Act or the requirements of other applicable local ordinances, including this ordinance.

3.

Lot: A measured portion of a parcel or tract of land which is described and fixed in a recorded plat and having frontage on a street or road either dedicated to the public or designated on a recorded subdivision.

4.

Parcel: A tract or continuous area or acreage of land which is occupied or intended to be occupied by a building, series of buildings, accessory building(s), condominium units, or by any other use or activity permitted under the zoning ordinance, and having its frontage on a public or private road or street.

5.

Parent parcel or parent tract: A parcel or tract, respectively, lawfully in existence on April 1, 1997.

6.

Property line adjustment: Adjustment of property line between two (2) or more adjacent parcels, if the property taken from one (1) parcel is added to an adjacent parcel, any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the state Land Division Act or the requirements of other applicable local ordinances, including this ordinance.

7.

Tract: Two (2) or more parcels that share a common property line and are under the same ownership.

8.

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

(Ord. No. 05-01-2018, § II, 5-1-2018)

A.

Each application for the division of a parcel of land shall include the following:

1.

The name, address and telephone number of the applicant.

2.

The name, address and telephone number of the property owner.

3.

A drawing, by a licensed surveyor, showing the:

a.

Property boundary lines and the size of the original parcel.

b.

Legal description of the parcel before its division.

c.

Parcel identification number.

d.

Section number.

e.

Location of all structures, including the distance to the property lines from the closest point of each structure.

f.

Location of all recorded easements across the property.

4.

A drawing of each proposed parcel, by a licensed surveyor, showing the:

a.

Dimensions and size of each proposed parcel.

b.

Legal description of each proposed parcel.

c.

Location of all structures, including the distance to the proposed property lines from the closest point of each structure.

d.

Location of all recorded easements on each parcel.

5.

A copy of all deed restrictions and covenants, either existing or proposed, which shall run with the land.

6.

The date of any previous applications for division of the property together with copies of the decisions rendered with respect to said applications.

7.

Completion of a form, required by the State of Michigan, stating who shall have the right, in the future, to make additional divisions of the parent parcel.

8.

Evidence that the applicant has secured a driveway permit or written authorization from the public entity with jurisdiction over the road with site ingress and egress.

9.

If a transfer of division rights is proposed, detailed information about the terms and availability of the proposed division rights transfer.

B.

The application shall be filed with the township assessor or other designee and shall include the necessary fee. The township assessor, after consultation with the township zoning administrator, shall review all land division and property line adjustment applications for compliance with the requirements of this ordinance and the state Land Division Act. The township assessor or other designee shall approve or disapprove the land division or property line adjustment within forty-five (45) days of receipt of a complete application conforming to the requirements of this ordinance and the state Land Division Act. The township assessor or other designee shall promptly notify the applicant in writing of the decision. If the application is denied, the township assessor or other designee shall state the reasons for denial in writing. The township assessor or other designee shall consult with the township zoning administrator in the course of reviewing and making a decision on a land division application or an application for a property line adjustment. No division of land or property line adjustment shall result in a buildable parcel until the township assessor has approved the proposed division or property line adjustment.

(Ord. No. 09-02-12, § I, 9-13-2012; Ord. No. 05-01-2018, § III, 5-1-2018)

The following standards shall apply to all land divisions within Yankee Springs Township:

1.

Except when joining a parcel to an adjacent parcel, no land division shall be granted which creates a parcel smaller than the minimum square footage required in Article XII, parcel size standards.

2.

The minimum road frontage for each proposed parcel shall not be less than the minimum road frontage required for each parcel's zoning district in Article XII, parcel size requirements.

3.

No parcel shall be created which has a depth that is more than four (4) times its width.

4.

All parcels created under the provisions of this article shall have direct frontage on a public or private road or street. No access shall be through easements or across other lands.

5.

All applications for zoning changes or variances shall be submitted at the same time as the request for a land division or property line adjustment and shall be approved before the township assessor or other designee approves the land division or the property line adjustment.

(Ord. No. 09-01-06, § IV, 9-1-2006; Ord. No. 05-01-2018, § IV, 5-1-2018)

A.

Definitions: For purposes of this section, the following words shall have the following meanings:

1.

Applicant: The person or entity holding an ownership interest in the lot proposed to be split.

2.

Split/splitting: To divide or partition an existing platted lot or otherwise modify the boundaries of such lot.

B.

Lot split authority and approval criteria: After a plat has been fully approved and recorded, the Yankee Springs Township Board may approve the partitioning or division of a lot therein in the following circumstances:

1.

No intent to create a separate buildable lot: When the application states that the sole purpose of the requested split is to add land to adjoining existing lots or parcels and not to create a new separate buildable lot, the township board may approve the application if the requested division will not cause any remaining portion of the original lot which is developed or intended for development to violate any provision of this ordinance, or the provisions of such zoning ordinance as may be in effect at the time of such application concerning minimum lot frontage, lot width, minimum lot area, and minimum setbacks.

2.

No platted lot shall be divided except to join it with the platted lot on each side of the subject lot.

3.

Variance/zoning board of appeals: No variance that may be granted by the Yankee Springs Township Zoning Board of Appeals pursuant to the township zoning ordinance, in association with a proposed lot split, such as a setback or lot width variance, shall be interpreted as an approval of a platted lot split application. In the event of a variance request to the zoning board of appeals regarding lot area, lot width, setback or other standard within the jurisdiction of the zoning board of appeals, the final decision to grant approval of a platted lot split application is reserved exclusively to the Yankee Springs Township Board.

C.

Platted lot split application procedures:

1.

A request for platted lot split approval shall be initiated by filing an application with the township zoning administrator setting forth the purpose of the proposed split. The application form shall be accompanied by a survey showing the original lot and all lots proposed to result from the requested split, including all dimensions thereof and the legal descriptions therefore, and a survey or other scaled drawing identifying property lines and existing buildings on all lots adjacent to the lot to be split including any lots and buildings on the opposite side of the road.

a.

In the event the applicant is not the sole owner of the subject lot, the application shall not be approved until all owners have concurred with the filing of said application by signing said application or otherwise giving evidence of their approval.

2.

Upon receiving an administratively complete application, the township zoning administrator shall submit copies to the township board, and to any other persons or bodies (including the planning commission, if appropriate) selected by the township board to review the application.

3.

The township board shall review the application and any comments received by the township board from persons selected by the township board to review the application, and grant application approval, denial, or approval with conditions. The township board's decision shall be based on the approval criteria in Section 14.5.D. The township board shall take action on the application as soon as practicable after receipt of a complete application, but in all cases within ninety (90) days.

D.

Prohibited actions:

1.

The following actions are prohibited:

a.

The splitting of a lot in a recorded plat without prior approval of the township board as required by this ordinance.

b.

The commencing of construction on, or the application for a building permit for such construction, on any portion of a lot in a plat that was split without prior approval of the township board as required by this ordinance.

c.

The submission of any document for recording involving the splitting of a lot in a recorded plat without prior approval of such splitting by the township board as required by this ordinance.

(Ord. No. 05-01-2018, § V, 5-1-2018)

The number of land divisions allowed shall depend on the size of the parcel to be divided and shall conform to the requirements of the State of Michigan Land Subdivision Control Act of 1967, as amended.

In each instance where a platted lot is to be joined to a neighboring lot, to create a larger lot, the resultant lot shall be treated as a zoning lot and shall be required to establish one (1) tax parcel number for the resultant lot, along with such other restrictions as the township board may require.

(Ord. No. 05-01-2018, § VI, 5-1-2018)

Upon the approval of a platted lot split by the township board of trustees, the township board shall order all action necessary to effectuate the approval.

(Ord. No. 05-01-2018, § VII, 5-1-2018)

No building permit shall be issued for any resultant parcel, property line adjustment or platted lot split until the land division and/or property line adjustment has been approved by the township assessor or other designee or until the platted lot split has been approved by the township board.

(Ord. No. 05-01-2018, § VIII, 5-1-2018)

Application fees, as established by resolution of the township board of trustees shall be paid by each applicant at the time of application.