§ 16-28. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessible means a parcel is accessible if it meets one or both of the following requirements:

(1)

The parcel has an area where a driveway provides vehicular access to an existing road or street and meets all applicable location standards of the state department of transportation or the county road commission pursuant to Public Act No. 200 of 1969 (MCL 247.321 et seq.), or has an area where a driveway can provide vehicular access to an existing road or street and meet all such applicable location standards.

(2)

The parcel is served by an existing easement that provides vehicular access to an existing road or street and meets all applicable location standards of the state department of transportation or the county road commission pursuant to Public Act No. 200 of 1969 (MCL 247.321 et seq.) or can be served by a proposed easement that will provide vehicular access to an existing road or street and that will meet all such applicable location standards.

Acreage tract and acreage land mean land or real estate which is not located in or a part of a recorded plat.

Applicant means an individual, firm, association, partnership, corporation, or combination thereof who holds ownership interest in land and is seeking approval for a division or partition of land in accordance with this article.

Community development director means the person designated by the township board responsible for the processing of lot splits and advises the township administration, township board and planning commission on planning, zoning, housing, and other related planning and development issues.

Date of filing means the date on which an application for division of land is submitted to the township in a form that complies with all of the application requirements specified in this article.

Division means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his 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 sections 108 and 109 of the land division act (MCL 560.108). The term "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 land division act or the requirements of this chapter.

Divide and partition mean the splitting or separating of a parcel of land into parts by changing the boundaries and/or legal description, where such splitting or separating of land is not accomplished pursuant to platting procedures under the land division act or the condominium act, Public Act No. 59 of 1978 (MCL 559.101 et seq.).

Land means all land areas occupied by real property.

Land division act means Public Act No. 288 of 1967 (MCL 560.101 et seq.).

Lot, subdivision, means a piece of land, the dimensions and configurations of which are shown on a subdivision plat or condominium subdivision plan recorded in the offices of the county register of deeds.

Lot, zoning, means a single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership and control. A zoning lot shall satisfy this article with respect to area, size, dimensions, and frontage as required in the district in which the zoning lot is located unless the zoning lot is legally nonconforming or the zoning board of appeals has approved variances from applicable zoning requirements. When used in this article, the term "lot" shall generally refer to a "zoning lot", unless otherwise specified.

Parcel means a measured portion of land which is described by virtue of a request to divide or partition the parcel in accordance with the provisions of this article. A parcel may be a subdivision lot or an acreage tract or acreage land.

Parent parcel or parent tract means a parcel or tract lawfully in existence on March 31, 1997.

Planning consultant, township, means the township planning consultant is the person or firm hired by the township board to advise the township administration, township board, planning commission, and community development director on planning, zoning, land use, housing, and other related planning and development issues.

Plat means a map or chart of a subdivision of land which has been approved in accordance with the land division act.

Private road means a road which is for ingress and egress to and from land that does not abut a public road, which such road is not dedicated for use by the public.

Public road means a road that is dedicated for use of the public for travel and which is maintained by a public agency, such as the county road commission.

Subdivide and subdivision mean the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his 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 is not exempted from the platting requirements of sections 108 and 109 of the land division act (MCL 560.108, 560.109). The terms "subdivide" and "subdivision" do 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 land division act or the requirements this chapter.

Tract means two or more parcels that share a common property line and are under the same ownership.

Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term "wetlands" generally includes swamps, marshes, bogs, and similar areas.

(Ord. No. 111, Art. III, 12-30-1997)

Cross reference

Definitions generally, § 1-2.