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Ordinance 25-Land Division
Adopted: June 9, 1997, Effective: July 19, 1997

An ordinance to regulate partitioning or division of parcels or tracts of land, enacted pursuant but not limited to Michigan Public Act 46, 1945 of a procedures thereof; to repeal any ordinance or provision thereof in conflict herewith; and to prescribe penalties and enforcement remedies for the violation of the ordinance.

TOWNSHIP OF SPRINGPORT, JACKSON COUNTY, MICHIGAN, ORDAINS:
SECTION I
TITLE
This ordinance shall be know and cited at the Springport Township Land Division Ordinance.

SECTION II
PURPOSE The purpose of this ordinance is to carry out the provisions of the State Land Division 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 municipality by establishing reasonable standards for prior review and approval of land divisions within the Township.

SECTION III
DEFINITIONS

For purposes of this 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 as ownership interest in land whether recorded or not.
B. “Divide” 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 40 acres or the equivalent, and that satisfies the requirements of Section 108 and 109 of the State Land Division Act. “Divide” and “Division” does not include a property transfer between two or more adjacent parcels, if the property taken from one 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, this ordinance, and other applicable ordinances.
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 addigns, that does not result in one 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 such access.
D. “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.
E. “Governing body”-the Springport Township Board.

SECTION IV
PRIOR APPROVAL REQUIREMENTS FOR LAND DIVISION
Land in the Township shall not be divided without the prior review and approval of the Township assessor or other official designated by the governing body, in accordance 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 State Land Division Act.
B. A lot in a recorded plat proposed to be divided in accordance with the State Land Division Act.
C. An exempt split as defined in this Ordinance.

SECTION V
APPLICATION FOR LAND DIVISION APPROVAL
An applicant shall file all of the following with the Township assessor or other official designated by the governing body 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 approved by the Township Board.
B. Proof of fee ownership of the land proposed to be divided.
C. A tentative parcel map drawn to scale including an accurate legal description of each proposed division, and showing the boundary lines, approximate dimensions, and accessibility of each division for automobile traffic and public utilities.
D. Indication of approval or permit from Jackson County Health Department for onsite water and waste disposal.
E. Proof that all standards of the State Land Division Act and this Ordinance have been met.
F. If a transfer of division rights is proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer.
G. A fee of $100.00 for the first division and $50.00 for each division thereafter when requested on the same application to cover costs of review of the application and administration of this Ordinance and the State Land Division Act.

SECTION VI
PROCEDURE FOR REVIEW OF APPLICATIONS FOR LAND DIVISION APPROVAL
A. The township shall approve or disapprove the land division applied fro within 45 days after receipt of a complete application conforming to this Ordinance’s requirements and the State Land Division Act, and shall promptly notify the applicant of the decision, and if denied, the reasons for denial.
B. Any person or entity aggrieved by the decision of the assessor or designee may, within 30 days of said decision appeal the decision to the governing body of the Township or such other body or person designated by the governing body which shall consider and resolve such appeal by a majority vote of said Board or by the appellate 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 hearing.
C. The 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 other ordinances or 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.

SECTION VII
STANDARDS FOR APPROVAL OF LAND DIVISION
A proposed land division shall be approved if the following criteria are met:
A. All parcels created by the proposed division(s) have a minimum width of 200 feet as measured at the road frontage unless otherwise provided for in an applicable zoning ordinance.
B. All such parcels shall contain a minimum area of 1 acre unless otherwise provided for in an applicable zoning ordinance.
C. The ratio of depth to width of any parcel created by the division does not exceed a four to one ration by greater than 100 feet exclusive of access roads, easements, or non-developmental sites. The 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.
D. The proposed land division(s) comply with all requirements of this Ordinance and the State Land Division Act.
E. All parcels created and remaining have existing adequate accessibility, or an area available therefor, for public utilities and emergency and other vehicles.

SECTION VIII
CONSEQUENCES OF NONCOMPLIANCE WITH LAND DIVISION APPROVAL REQUIREMENTS
Any parcel created in noncompliance with this ordinance shall not be eligible for any building permits, or zoning approvals, such as conditional 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 actions set forth in Section IX of this ordinance, and as may otherwise be provided by law.

SECTION IX
PENALTIES AND ENFORCEMENT
Any person who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $500.00 or by imprisonment in the county jail for not to exceed 90 days or by both such fine and imprisonment.
Any person who violates any of the provisions of this ordinance shall also be subject to a civil action seeking invalidation of the land division and appropriate injunctive or other relief.

SECTION X
SEVERABILITY
The provisions of this ordinance 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 ordinance other than said part or portion thereof.

SECTION XI
REPEAL
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed, except that this Ordinance shall not be construed to repeal any provision in the applicable Zoning Ordinance or Building Codes.

SECTION XII
EFFECTIVE DATE
This ordinance shall take effect 30 days following its publication after adoption.