CHAPTER 153:   LAND DIVISION

§ 153.01	TITLE; STATUTORY AUTHORIZATION.
	This chapter shall be known and may be cited as the city "Land Division 
	Ordinance." The regulations of this chapter are adopted pursuant to the 
	statutory authority of Public Act 288 of 1967, as amended, being M.C.L.A. 
	§§ 560.101 - 560.293, otherwise known as the Land Division Act.
(Ord. 167, passed 12-15-97)

§ 153.02	APPLICABILITY OF CHAPTER.
	This chapter shall apply to all land divisions governed by the provisions 
	of the Land Division Act, Public Act 288 of 1967, as amended, being 
	M.C.L.A. §§ 560.101 - 560.293.
(Ord. 167, passed 12-15-97)

§ 153.03	COMPLIANCE WITH ZONING AND OTHER REGULATIONS.
	Approval of a land division does not grant approval for the use of such 
	divided lot or parcel. Any lot or parcel proposed for division must 
	comply with the requirements of the Zoning Ordinance of the city or any 
	other applicable ordinances or regulations.
(Ord. 167, passed 12-15-97)

§ 153.04	DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply 
	unless the context clearly indicates or requires a different meaning.

	ASSESSOR.	The City Assessor.

	CLERK.		The City Clerk.

	LAND DIVISION ACT.	Public Act 288 of 1967, as amended, being 
				M.C.L.A. §§ 560.101 - 560.293. The definitions of 
				terms contained in the Land Division Act are 
				incorporated in this chapter.

	ZONING ADMINISTRATOR.	The Zoning Administrator of the city.

	ZONING ORDINANCE.	The Zoning Ordinance of the city.
(Ord. 167, passed 12-15-97)

LAND DIVISION APPROVAL

§ 153.15	APPROVAL REQUIRED.
	The approvals and requirements of this chapter shall be satisfied prior 
	to any land division within the city.
(Ord. 167, passed 12-15-97)  Penalty, see § 153.99

§ 153.16	APPLICATION REQUIREMENTS; FEE.
	(A)	An application for land division shall be submitted to the Clerk. 
		Each application shall be accompanied by the following, unless 
		deemed unnecessary by the Clerk:

		(1)	the payment of a fee as established by the City Council;

		(2)	a completed application form, as provided by the city;

		(3)	a complete and accurate legal description of each 
			proposed lot or parcel created by the land division;

		(4)	a graphic or written description of any previous land 
			divisions from the parent parcel including the size, 
			number, and date of such divisions;

		(5)	evidence of approvals from the County Health Department 
			for on-site water supply and sewage disposal, if public 
			water and/or sewer are not available;

		(6)	three copies of a complete tentative parcel map drawn to 
			scale, which shall be not less than 1 inch = 20 feet for 
			property totaling under three acres and at least 1 inch 
			= 100 feet for those totaling three acres or more, and 
			which shall meet the following requirements:

			(a)	The parcel map shall be prepared by a registered 
				engineer or land surveyor.

			(b)	The tentative parcel map shall include, at a 
				minimum:

				1.	the date, a North arrow, a scale, and the 
					name of the individual or firm 
					responsible for the completion of the 
					tentative parcel map;

				2.	proposed lot lines and their dimensions;

				3.	the location and nature of proposed 
					ingress and egress locations to any 
					existing public or private streets;

				4.	the location of any public or private
				 	street, driveway, or utility easements to 
					be located within any proposed parcel 
					(Copies of the instruments describing and 
					granting such easements shall be 
					submitted with the application.);

				5.	general topographical features including 
					contour intervals no greater than ten 
					feet;

				6.	the zoning designation of all proposed 
					lots or parcels;

				7.	the proposed method of providing storm 
					drainage;

				8.	the depth to width ratio of each parcel 
					resulting from the proposed land 
					division;

				9.	the location of each structure on each 
					proposed lot or parcel created by the 
					requested land division, including 
					dimensions in feet from each structure to 
					existing and proposed lot lines.

	(B)	Applications for land divisions shall not be accepted unless all 
		of the required materials are submitted and are complete.
(Ord. 167, passed 12-15-97)

§ 153.17	APPLICATION REVIEW; REQUIREMENTS FOR APPROVAL.
	Land division applications shall be considered by the Assessor and Zoning 
	Administrator. The Assessor and Zoning Administrator shall review the 
	application and such other information as may be available. The Assessor 
	and Zoning Administrator shall approve a proposed land division within 45 
	days after the filing of a complete application with the Clerk if, in 
	addition to the requirements of Section 108 of the Land Division Act, 
	being M.C.L.A. § 560.108, all of the following requirements are met:

	(A)	Each resulting parcel has an adequate and accurate legal 
		description and is included in a tentative parcel map showing 
		area, parcel lines, public utility easements, accessibility, and 
		other requirements of this chapter and section 108 of the Land 
		Division Act.

	(B)	Each resulting parcel has an area not less than that required by 
		the Zoning Ordinance.

	(C)	Each resulting parcel is accessible, meaning that it satisfies 
		one or both of the following requirements:

		(1)	It has an area where a driveway provides vehicular access 
			to an existing road or street and meets all applicable 
			location standards of the State Transportation Department 
			or the city, whichever has jurisdiction, or has an area 
			where a driveway can provide vehicular access to an 
			existing road or street and meet all such applicable 
			location standards.

		(2)	It is served by an existing easement that provides 
			vehicular access to an existing road or street and meets 
			all applicable location standards of the State 
			Transportation Department or the city, whichever has 
			jurisdiction, or can be served by a proposed easement 
			that will provide vehicular access to an existing road or 
			street and meet all such applicable location standards.

	(D)	The division meets all of the requirements of M.C.L.A. § 560.108.

	(E)	Each resulting parcel that is a development site has all of the 
		following:

		(1)	public water or health department approval for on-site 
			water supply under rules described in M.C.L.A. 			§ 560.105(g);

		(2)	public sewer or city, county, or district health 
			department approval for on-site sewage disposal under 
			rules described in M.C.L.A. § 560.105;

		(3)	adequate easements for public utilities from the parcel 
			to existing public utility facilities.

	(F)	(1)	Each resulting parcel satisfies the following rules 
			regarding depth to width ratio:

			(a)	No lot or parcel shall be created the depth of 
				which exceeds four times its width.

			(b)	The width to depth ratio requirements of this 
				section shall not apply to lots or parcels that 
				have more than one-half of their street frontage 
				on a cul-de-sac. The minimum lot width for a lot 
				on a cul-de-sac or other irregularly shaped lot 
				shall be measured at the front yard setback line 
				and shall not be diminished throughout the 
				remainder of the lot. Such lots shall have a 
				minimum lot width of 40 feet at the front 
				property line.

			(c)	For corner lots, the depth of the lot shall be 
				measured along the longest front lot line which 
				is parallel or generally parallel to the public 
				or private street right-of-way or easement. The 
				width of the corner lot shall be that front lot 
				line which is parallel or generally parallel to 
				the public or private street right-of-way or 
				easement and is the shorter of the two front lot 
				lines. Where such lot lines are of equal length, 
				the Zoning Administrator shall determine the 
				measurement of lot width to depth for purposes of 
				this section.

		(2)	The Assessor and Zoning Administrator may permit the 
			division of a lot or parcel which does not comply with 
			this provision provided that the following findings are 
			made:

			(a)	The greater width to depth ratio is necessitated 
				by conditions of the land which make compliance 
				with this section impractical. (Such conditions 
				may include topography, road access, soil 
				conditions, wetlands, floodplains, or water 
				bodies, or other similar condition.)

			(b)	The division and use of such lot or parcel will 
				not conflict with other federal, state, county, 
				or city ordinances or regulations, unless an 
				appropriate variance or approval is granted as 
				required or permitted by such ordinances or 
				regulations.
(Ord. 167, passed 12-15-97)

§ 153.99	PENALTY.
	(A)	A violation of any provision of this chapter is hereby declared 
		to be a nuisance per se. A violation of this chapter is a 
		municipal civil infraction, for which the fine shall be not less 
		than $100 nor more than $500 for the first offense and not less 
		than $500 nor more than $1,000 for subsequent offenses, in the 
		discretion of the court, and in addition to all other costs, 
		damages, and expenses provided by law.

	(B)	For purposes of this section, SUBSEQUENT OFFENSE means a 
		violation of the provisions of this chapter committed by the same 
		person within 12 months of a previous violation of the same 
		provision of this chapter for which said person admitted 
		responsibility or was adjudicated to be responsible; provided, 
		however, that offenses committed on subsequent days within a 
		period of one week following the issuance of a citation for a 
		first offense shall all be considered separate first offenses. 
		Each day during which any violation continues shall be deemed a 
		separate offense.

	(C)	The city may request injunctive or other equitable relief to 
		abate violations of this chapter.
(Ord. 167, passed 12-15-97)