LOT DIVISION ORDINANCE
ORDINANCE # 1
Effective: June 26, 1970
An ordinance to establish procedures for the division of a lot in a recorded plat in Berrien Township in accordance with the provisions of Act 288 of the Public Acts of Michigan of 1967 and providing penalty for the violation thereof.
THE TOWNSHIP BOARD OF BERRIEN TOWNSHIP, BERRIEN COUNTY,
MICHIGAN, ORDAINS:
250.001 Title.
Sec. 1. This ordinance shall be known and cited as the Berrien Township Lot Division Ordinance.
(Ord. No.1, Eff. Jun. 26, 1970)
250.002 Number of parts; area.
Sec. 2. The division of a lot in a recorded plat in Berrien Township is prohibited, unless approved in accordance with this ordinance. No lot in a recorded plat shall be divided into more than four (4) parts and the resulting lots shall not be less in area than permitted by the Berrien Township Zoning Ordinance and the Michigan Subdivision Control Act of 1967. The division of a lot resulting in a smaller area than prescribed herein may be permitted but only for the purpose of adding to the existing building site or sites.
(Ord. No.1, Eff. Jun. 26, 1970)
250.003 Access to road, utilities.
Sec. 3. Approval for division of a lot in a recorded plat shall not be granted by the Township Board unless each resulting lot under the proposed division will adjoin an existing lot having access to a public roadway and utilities necessary or required to service such lot.
(Ord. No.1, Eff. Jun. 26, 1970)
250.004 Application for approval.
Sec. 4. Application for such approval by the Township Board shall first be submitted either to the building inspector or the Township Planning Commission. After due consideration of such application, the Township Planning Commission shall make a recommendation in writing to the Township Board, however, such recommendation shall not be binding on the Township Board. No public hearing shall be required on such application. The application shall be in affidavit form stating the reasons for the proposed lot division and shall contain a drawing showing the dimensions and descriptions of each resulting lot under the proposed division.
(Ord. No.1, Eff. Jun. 26, 1970)
250.005 Approval or disapproval of proposed division.
Sec 5. The Township Board shall state its reasons in writing for approving or disapproving a proposed lot division. In cases of approval for division of a lot in a recorded plat, the Township Board shall advise the applicant that such approval must accompany any sales contract, deed or other document presented for recording at the office of the County Register of Deeds.
(Ord. No.1, Eff. Jun. 26, 1970)
250.006 Penalty.
Sec 6. Any person or persons who shall violate any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not to exceed one hundred ($100.00) dollars, or by commitment to the County Jail for a period not to exceed ninety (90) days, or by both fine and commitment. Each and every day that such violation continues shall constitute a separate offense.
(Ord. No. 1, Eff. Jun. 26, 1970)
250.007 Effective date.
Sec 7. This ordinance shall be published in the Journal Era, Berrien Springs, Michigan within 10 days after its passage and shall take effect 31 days after such publication.
(Ord. No.1, Eff. Jun. 26, 1970)
250.008 Adoption; publication.
Sec. 8. This ordinance is hereby declared to have been adopted by the Township Board of the Township of Berrien, County of Berrien, State of Michigan, at a meeting thereof duly called and held on the 18th day of May, A.D. 1970, and ordered to be given publication in the manner prescribed by law.
(Ord. No.1, Eff. Jun. 26, 1970)