| 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:
This ordinance shall be know and cited at the Springport Township
Land Division Ordinance.
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.
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
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.
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.
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.
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.
STANDARDS FOR APPROVAL OF LAND DIVISION
A proposed land division shall be approved if the following criteria
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.
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
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.
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.
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
This ordinance shall take effect 30 days following its publication