ADOPTED DATE MAY 22, 2002

CASCADE CHARTER TOWNSHIP

LAND DIVISION ORDINANCE

(Ordinance #8 of 2002)

INDEX

TITLE PAGE

• Purpose and Scope 1

• Definitions 2

• Prior Approval Requirement for Land Divisions 2

• Application for Land Division Approval 2

• Procedure for Review of Applications

For Land Division Approval 3

• Standards for Approval of Land Divisions 4

• Allowance for Approval of Other Land Divisions 4

• Consequences of Noncompliance with the

Land Division Approval Requirement 4

• Penalties and Enforcement 5

• Severability 5

• Repeal 5

• Effective Date 5

Land Division Ordinance

Page 1

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.

Land Division Ordinance

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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

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

Land Division Ordinance

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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.

Land Division Ordinance

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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

Land Division Ordinance

Page 5

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

Land Division Ordinance

Page 6

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 22

Day of

May, 2002.

__________________________

Jean E Neve

Deputy Township Clerk