Land Division
LAND DIVISION ORDINANCE
CHARTER TOWNSHIP OF CASCADE
KENT COUNTY, MICHIGAN
ORDINANCE NO. 8 of 2002
An ordinance to regulate the creation, partitioning and division of
parcels or tracts of land, enacted pursuant but not limited to
Michigan Public Act 288 of 1967, as amended, being the Michigan Land
Division Act, Act 359 of 1947, as amended, and Act 246 of 1945, as
amended, being the Township General Ordinance statute; to provide a
procedure therefore; to repeal any ordinance or provision thereof in
conflict herewith; and to prescribe penalties and enforcement remedies
for the violation of this Ordinance.
The Charter Township of Cascade ordains:
 SECTION 1 TITLE
This ordinance shall be known and cited as the "Cascade Charter
Township Land Division Ordinance."
SECTION 2 PURPOSE
AND SCOPE
A. The purpose of this Ordinance is to implement the provisions
of the Michigan Land Division Act (1967 PA 288, as amended, formerly
known as the Subdivision Control Act) ("Act"), to prevent the
creation of parcels of property and access easements which do not
comply with applicable ordinances, zoning regulations and said Act,
to minimize potential boundary disputes, to monitor the creation of
new parcels and easements, to prevent illegal land divisions and to
ensure that newly-created parcels are not landlocked, to prevent the
creation of unusable lots due to noncompliance with the Cascade
Charter Township Zoning Ordinance or other ordinances, to assure
orderly development of the community, and to otherwise provide for
the health, safety and welfare of the residents and property owners
of Cascade Charter Township by establishing reasonable standards for
prior review and approval of land divisions within Cascade Charter
Township (“Township”).
B. Approval of any land division pursuant to this Ordinance shall
not provide, constitute, infer or imply use or zoning approval of
any such division or resulting parcels or assure or imply
buildability. Such use of land must still comply with the Township
Zoning Ordinance and any other applicable ordinances, laws or
regulations, and it remains the responsibility of the property owner
to ensure such compliance.
C. It is not intended by this Ordinance to repeal, abrogate,
annul, or in any other way impair or interfere with provisions of
the Township Zoning Ordinance or of other laws or ordinances (except
as otherwise expressly stated in Section 12 hereof) or of any
private restrictions placed upon property by covenant, deed, or
other private agreement; provided, however, that where any provision
of this Ordinance imposes more stringent requirements, regulations,
restrictions, or limitations upon the division or use of land,
easements or buildings than are imposed or required by the
provisions of any restrictions or any other law or ordinance, or any
of said rules, regulations or permits, then the provisions of this
Ordinance shall govern.
SECTION 3
DEFINITIONS
For purposes of this Ordinance, certain terms and words used herein
shall have the following meaning:
A. "Act" - Public Act No.288 of 1967, as amended (including, but
not limited to, Public Act No.591 of 1996), being the Michigan Land
Division Act (MCLA 560.101 et seq.)
B. "Applicant" - a natural person, firm, association,
partnership, corporation, estate, entity, governmental unit, or
combination of any of them which holds an ownership interest in land
whether recorded or not.
C. "County" - Kent County, Michigan.
D. “Divided" or "Division" - the creation, partitioning or
splitting of a parcel or tract of land by the owner thereof or by
his or her heirs, executors, administrators, legal representatives,
successors or assigns, for the purpose of sale, transfer or lease of
more than one (1) year, or of building development that results in
one or more parcels. For purposes of this definition, "divided" or
"division" shall include, but not be limited to, the creation of one
or more access easements, parcels, lots or site condominium units
whether created by partition, deed, land contract, a lease over one
(1) year or other written agreement, whether or not recorded with
the county register of deeds records, "Divided' or "division" shall
also include the adjustment or reconfiguration of property lines.
E. "Governing body" - the Cascade Charter Township Board.
F. “Parent Tract” – means a parcel or tract respectively,
lawfully in existence on the effective date of this ordinance.
G. "Township" – Cascade Charter Township, Kent County, Michigan
H. Except as expressly otherwise stated in this Ordinance, the
definitions of the Act, as amended, are hereby incorporated by
reference and are made a part of this Ordinance.
I. For purposes of Sections 105(b) and 109(1)(d) of
the Act, the word "area" shall mean any size, width, frontage,
dimension, or space requirement of the Cascade Charter Township
Zoning Ordinance.
J. For purposes of Sections 105(b) and 109(1)(c) of the
Act, the word “width” shall mean the width and frontage requirements
of the Cascade Charter Township Zoning Ordinance.
K. For purposes of this Ordinance, "lot" or "parcel" shall be
used interchangeably.
SECTION 4 PRIOR
APPROVAL REQUIREMENT FOR LAND DIVISIONS
Land in the Township shall not be divided without the prior review
and approval of the Township Planning Director (or designee) in
accordance with this Ordinance and the Act, except that a parcel
proposed for subdivision through a recorded plat pursuant to the
Township's Land Subdivision Ordinance(s) and the Act shall be exempted
from this requirement. If a proposed land division
involves the division of one or more existing platted lots or the
reconfiguration or adjustment of a boundary line of an existing
platted lot, the Cascade Charter Township Subdivision Ordinance shall
be applicable.
SECTION 5
APPLICATION FOR LAND DIVISION APPROVAL
An applicant shall file all of the following with the Township
Planning Director (or designee) for review and approval of a proposed
land division before making any division:
A. A completed Township application form, together with all
required supporting materials.
B. Signature on the application by the fee title owner of the
property.
C. A survey map of the land proposed to be divided, showing the
dimensions and legal descriptions of the existing parcel, the
parcels proposed to be created by the division(s) (including
"remnant" parcels or those to be retained by the owner) and any
easements, the location of all existing structures and other land
improvements, including the location of any well or septic systems
on the lot, and the accessibility of the parcels for vehicular
traffic and utilities from existing public/private roads.
The Township may waive the survey requirement for good cause
shown if adequate and accurate legal descriptions are demonstrated
by the materials submitted by the applicant, and additionally, such
materials are sufficient to show that all of the requirements of the
Ordinance and the Act have been met.
D. Proof that all standards of the Act, this Ordinance and other
applicable ordinances and laws have been met.
E. The Township may require that the applicant provide a title
search from a title insurance company if it is reasonably necessary
to show that previous land divisions do not preclude the proposed
land division(s).
F. Proof that all due and payable property taxes or installments
of special assessments pertaining to the land proposed to be divided
are paid in full.
G. Unless a division creates a parcel which is acknowledged and
declared to be "not buildable" under Section 8 of this Ordinance,
all divisions shall result in "buildable" parcels containing
sufficient "buildable" area outside of non-developable land area, as
defined by the Cascade Township Subdivision Ordinance, and with
sufficient area to comply with all required setback provisions,
minimum floor areas, off-street parking spaces, on-site sewage
disposal and water well locations (where public water and sewer
service is not available), and maximum allowed area coverage of
buildings and structures on the site.
H. The full fee in an amount as may from time to time be
established by resolution of the Township Board for land division
reviews pursuant to this Ordinance to cover the costs of review of
the application and administration of this Ordinance.
SECTION 6
PROCEDURE FOR REVIEW OF APPLICATIONS FOR LAND DIVISION APPROVAL
A. Upon receipt of a complete land division application
package from an applicant, the Township Planning Director (or
designee) shall (i) approve, (ii) approve with reasonable conditions
to assure compliance with applicable ordinances and the protection
of public health, safety and welfare, or (iii) disapprove the land
division applied for within 45 days after receipt of the complete
application package conforming to this Ordinance's requirements
(including any and all required zoning and private street approvals)
and shall promptly notify the applicant in writing of the decision(s)
and the reasons for any denial.
If the application package does not conform to these Ordinance
requirements and the Act, the Township Planning Director or other
designee shall return the same to the applicant for completion in
accordance with this Ordinance and the Act.
B. Any person or entity aggrieved by the decision of the
Township Planning Director (or designee) may, within 30 days of said
decision, appeal the decision to the Township Planning Commission,
which shall consider and resolve such appeal by a majority vote at
its next regular meeting.
C. Land division approvals shall be valid only for a period
of sixty (60) days from the date of approval by the Township.
If the deeds or land contracts for such lots proposed by the land
division are not properly recorded and accepted by the County
Register of Deeds within this time period, the land division
approval shall be considered null and void and a new application
must thereafter be submitted. If an amendment to the Township Zoning
Ordinance or other Township ordinance becomes effective prior to the
land division being recorded and the amendment applies to any of the
resulting parcels in a way which would make the proposed lot or lots
violate the Township Zoning Ordinance or other Township ordinance,
the land division approval shall be null and void even if the 60-day
time limit has not expired.
D. The Township Planning Director (or designee) shall maintain an
official record of all land division applications, including denied,
approved, unrecorded and accomplished land divisions.
E. If the land division involves the use or creation of a private
street, approval of the private street must be obtained from the
Township in accordance with all applicable Township regulations
prior to the approval of the land division.
SECTION 7
STANDARDS FOR APPROVAL OF LAND DIVISIONS
A proposed land division shall be approved only if all of the
following criteria are met:
A. All of the parcels to be created by the proposed land
division(s) must fully comply with the applicable lot (parcel)
width, access, setback, and area requirements of the Township Zoning
Ordinance, Subdivision Ordinance, Private Street Ordinance, and
other applicable Township ordinances.
B. A proposed land division which will create twenty (20)
or more parcels in total from the parent tract or parent parcel
shall be required to go through the Township’s platting, site
condominium or planned unit development procedure.
C. The ratio of depth to width of any parcel created by a
land division (including a remnant parcel) shall not exceed 4:1
unless otherwise provided by the Township Zoning Ordinance.
D. If the land division involves the use of a new curb cut
to a public road, the applicant must submit evidence of review and
approval of the curb cut location by the Kent County Road Commission
or Michigan Department of Transportation.
E. The Township may require such additional conditions and
safeguards as are deemed necessary to ensure compliance with the
requirements of this Ordinance.
F. The Township Board may establish reasonable fees for
Township review and approval of land divisions. Additionally,
the Township may require the applicant to reimburse the Township for
fees and costs incurred by the Township Attorney and/or Township
Engineer in reviewing the proposed land division. No land division
approval or permit shall be effective until all such fees and
reimbursements have been paid to the Township in full.
G. No land division shall be approved until all ad valorem
property taxes due and owing on the original parcel have been paid
in full to the Township and/or County, and all special assessments
and charges in lieu of special assessments, due and owing against
the original parcel have been paid to the Township in full (unless
exempted by Cascade Charter Township). Additionally, no land
division shall be approved until all indebtedness of the owners of
the original parcel have been paid in full to the Township.
SECTION 8
ALLOWANCE FOR APPROVAL OF OTHER LAND DIVISIONS
Notwithstanding disqualification from approval pursuant to this
Ordinance, a proposed land division which does not fully comply with
the applicable lot, setback, accessibility and area requirements of
the Township Zoning Ordinance or this Ordinance may be approved where
the applicant executes and records a permanent deed restriction with
the Kent County Register of Deeds, in a form acceptable to the
Township, designating the parcel as "not buildable" and also not
usable for anything other than agricultural or passive uses, which
restrictions shall be enforceable by the Township.
Any such parcel shall also be designated as "not buildable" in the
Township records, and shall not thereafter be the subject of a request
to the Zoning Board of Appeals for variance relief from the applicable
lot and/or area requirements, and shall not be used except for
agricultural or passive uses.
SECTION 9
CONSEQUENCES OF NONCOMPLIANCE WITH THE LAND DIVISION APPROVAL
REQUIREMENT
Any parcel or easement created in violation of or noncompliance
with this Ordinance shall not be eligible for any building permit or
zoning approvals. Furthermore, no parcel, lot, site condominium
unit or easement created in violation of this Ordinance or the Act
shall be utilized for any purpose whatsoever, nor shall such land
division be recognized. In addition, a violation of this
Ordinance shall also subject the violator to the penalties and
enforcement actions set forth in Section 10 of this Ordinance, and as
may otherwise be provided by law.
SECTION 10
PENALTIES AND ENFORCEMENT
Any person, firm, corporation, trust, governmental unit,
partnership or other legal entity which violates or refuses to comply
with any provision of this Ordinance shall be responsible for a
municipal civil infraction and shall be punished by a civil fine of
fifty dollars ($50.00) for a first violation two hundred and fifty
($250.00) for a second violation and five hundred dollars ($500.00)
for a third or subsequent violation, as well as other applicable civil
infraction remedies.. Any person who violates any of the
provisions of this Ordinance shall also be subject to civil action
seeking invalidation of the land division and appropriate injunctive
or other relief.
SECTION 11
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 12
REPEAL
All other 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 Township Zoning Ordinance,
the Cascade Charter Township Subdivision Ordinance, or the Township's
building code.
SECTION 13
EFFECTIVE DATE
This Ordinance shall take effect 30 days following its publication
(or summary thereof) after adoption. The foregoing Ordinance was
offered by Board Member Carpenter, Supported by Board member Goodyke.
The roll call vote was as follows:
Yeas:
Timmons, Goodyke, Jones, Julien, Carpenter
Nays
Absent:
Kleinheksel, Parrish
________________________
Jean E Neve
Deputy Township Clerk
CERTIFICATION
I hereby certify the forgoing to be true copy of an Ordinance
adopted at a Regular Meeting of the Cascade Charter Township Board on
the 22nd Day of May, 2002.
__________________________
Jean E Neve
Deputy Township Clerk
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