§ 280.004. Approval of land divisions or property transfers required; establishment of exempt splits

Sec. 4. 

(a) The owner of a lot, parcel, or tract of land shall not divide or effect a property transfer involving, or cause any person to divide or effect a property transfer involving, that lot, parcel, or tract of land except as provided in this ordinance [part], unless the division or property transfer is approved as part of a subdivision plat at the time of plat approval under the Land Division Act of 1967, being Act 288 of the Public Acts of 1967, as amended, the division or property transfer is part of a condominium project developed under the Condominium Act, being Act 59 of the Public Acts of 1978, as amended, or the division or property transfer is done pursuant to an order of a court of competent jurisdiction.

(b) The owner of a lot, parcel, or tract of land claiming an exempt split as defined in Section 3 [280.003] (f) of this ordinance [part] shall submit to the Zoning Administrator either a survey map of the land claimed to be an exempt split prepared pursuant to the survey map requirements of Act 132 of the Public Acts of 1970, as amended, certified by a land surveyor licensed by the State of Michigan, or other clear evidence documenting that the proposed exempt split of a parcel or tract of land will not result in one or more parcels of less than 40 acres or the equivalent. In addition, the owner of a lot, parcel, or tract of land claiming an exempt split shall submit to the Zoning Administrator a permit or other documentation from the state transportation department or the Missaukee County Road Commission documenting that each new lot, parcel, or tract of land resulting from the proposed exempt split has or can have a driveway or easement that provides vehicular access to an existing road or street and meets all applicable location standards of the state transportation department or the Missaukee County Road Commission under Act 200 of the Public Acts of 1969, as amended. If the Zoning Administrator finds that the proposed division is an exempt split and that each new lot, parcel, or tract of land that will result from the division is accessible, then no further action under this ordinance [part] shall be required. If the Zoning Administrator finds that the proposed division is either not an exempt split or that each new lot, parcel, or tract of land that will result from the division is not accessible, then he or she shall give the owner written reasons for his or her decision. In that event the owner shall be required to proceed under Section 5 [280.005] of this ordinance [part] to obtain approval of the proposed division. If the owner disagrees with the Zoning Administrator's decision, the owner can submit revised information to the Zoning Administrator or appeal the Zoning Administrator's decision to the Zoning Board of Appeals pursuant to Section 8 [280.008] of this ordinance [part].

(c) In addition, an exempt split or other partitioning or splitting of a parcel or tract of land that only results in parcels of 20 acres or more in size is not subject to approval under this ordinance [part] if the parcel or tract of land being partitioned or split is not accessible and was in existence on March 31, 1997 or resulted from an exempt split or a partitioning or splitting under Section 109b of the Land Division Act, as amended.