THREE OAKS TOWNSHIP – BOUNDARY LINE ADJUSTMENT ORDINANCE NO. 52

THREE OAKS TOWNSHIP
BERRIEN COUNTY, MICHIGAN
ORDINANCE NO. 52

ADOPTED: December 10, 2018

EFFECTIVE: January 26, 2019

BOUNDARY LINE ADJUSTMENT ORDINANCE

An ordinance to permit the Township Assessor the authority to approve boundary line adjustments in the Township; to provide application and approval procedures; to repeal inconsistent ordinance provisions and to provide an effective date.

THE TOWNSHIP OF THREE OAKSBERRIEN COUNTY, MICHIGAN

ORDAINS: 

SECTION I
TITLE

This ordinance shall be known as the Three Oaks Township Boundary Line Adjustment Ordinance.

SECTION II
PURPOSE AND ENABLING AUTHORITY

The purpose of this ordinance is to promote the public safety, health and general welfare and the orderly processing of boundary line adjustments as identified in the Michigan Land Division Act (formerly Subdivision Control Act), Public Act 288 of 1967, as amended, (MCL 560.101, et seq.) created by the transfer of land between 2 or more adjacent parcels, when the property taken from 1 parcel is added to an adjacent parcel.

The Michigan Land Division Act allows a municipality to adopt an ordinance to carry out its provisions. The Township Board finds it necessary and appropriate to create an ordinance that will require submittal of boundary line adjustments to the Township’s Assessing Officer and to provide a methodology for review and approval thereof so that the assessing officer is notified of the boundary line adjustment and can reflect the adjustment in the Township’s assessing records.

SECTION III  DEFINITIONS

For the purposes of this ordinance, the following words shall have the following meanings:

1. Applicant: The person or entity holding an ownership interest in the land proposed to be transferred.
2. Boundary line adjustment. A property transfer between 2 or more adjacent parcels, if the property taken from 1 parcel is added to an adjacent parcel. Platted lots are not subject to this Ordinance. Platted Lots subject to potential division shall be processed in accordance with the Township’s Platted Lot Split Ordinance.
3. The person or entity that shall own the property subject to boundary line adjustment after the boundary line adjustment is made.

SECTION IV
PROPERTY LINE ADJUSTMENT APPLICATION AND APPROVAL
PROCEDURES AND RIGHTS CONFERRED

1. The applicant shall initiate property line transfer application by filing an

application for boundary line adjustment with the Township’s Land Division Official setting forth the parameters of the proposed boundary line adjustment, together with a survey and map showing the original parcel, that portion of the property subject to the boundary line adjustment and the measurements thereof. The property subject to transfer shall be legally described, either separately or as part of the recipient parcel. In the event the applicant is not the sole owner of the land proposed to be transferred, the application shall not be approved until all owners have concurred with the filing of said application by signing said application or otherwise giving evidence of their approval.

The Land Division Official shall review the application and shall act on the application within forty five (45) days of receipt of a complete application. The Land Division Official shall record his or her approval on the application, which shall authorize the applicant to record a deed establishing the boundary line adjustment. A copy of the recorded deed shall be transmitted to the Assessing Officer, who shall adjust the Township’s assessing records to provide for such property line adjustment. The Land Division Official shall not recognize any property line adjustment that has not been approved under this Ordinance.

1. The receipt of an approved boundary line transfer does not confer upon

the applicant or recipient of such property transferred approval for construction, new construction, addition, zoning or building code approval. Any such application for construction, new construction, addition, zoning or building code approval shall be made in accordance with the Township’s Ordinances for each as enumerated in this Code of Ordinances.

SECTION V
PROHIBITED ACTIONS

1. No property subject to a property line adjustment may be deeded or transferred without first complying with the application and approval provisions of this Ordinance shall be deemed to be a violation of this
2. Any resulting parcel (after boundary line transfer) shall not be considered a building site unless the parcel conforms to the requirements of this act or the requirements of an applicable local ordinance and the Township Zoning
3. The commencing of construction or the application for a building permit for such construction, on any portion of property subject to boundary line adjustment under this Ordinance without having received zoning and/or building code approval from the Township of Three Oaks shall be a violation of this Ordinance.
4. The submission of any document for recording involving a boundary line adjustment without prior approval of such boundary line adjustment in accordance with this Ordinance shall be deemed to be a violation of this .

SECTION VI
APPLICATION FEES

The fee for consideration of a property line transfer application pursuant to this Ordinance shall be established by motion by the Township Board and may from time to time be revised by the Township Board as deemed necessary and shall approximate the costs to the Township for the Land Division Officer’s review and approval.

SECTION VII

VIOLATIONS AND SANCTIONS

1. Violations as Municipal Civil Infractions: Violations of the provisions of this Ordinance or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with an approved application, shall constitute a municipal civil infraction. Any person, firm, association, partnership, corporation, or governmental entity that violates any of the provisions of this Ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statute which shall be punishable by civil fine determined in accordance with the following schedule:

	Minimum	Maximum
	Fine	Fine
1st Offense within 3-year period*	$          75.00	$                500.00
2nd Offense within 3-year period*	$          150.00	$                500.00
3rd Offense within 3-year period*	$          325.00	$                500.00
4th or More Offense	$          500.00	$                500.00
within 3-year period*

* Determined on the basis of the date of commission of the offense(s).

Additionally, the violator shall pay costs which may include all expenses, direct and indirect, to which the Township of Three Oaks has incurred in connection with the municipal civil infraction. In no case, however, shall costs of less than $9.00 and no more than $500.00 be ordered. In addition, the Township of Three Oaks shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this Ordinance. Each day that a violation of this Ordinance exists shall constitute a separate violation of this Ordinance.

1. Remedies: The Township Board may institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, abate or remove any violations of this Ordinance. The rights and remedies provided herein are both civil and criminal in nature. The imposition of any fine, or jail sentence or both shall not exempt the violator from compliance with the provisions of this Ordinance. A violator of this Ordinance shall also be subject to such additional sanctions and judicial orders as are authorized under Michigan law. Each day that a violation of this Ordinance continues to exist shall constitute a separate violation of this Ordinance. The Township Attorney may initiate prosecution proceedings. If the threat to public health and or safety necessitates immediate action, this procedure may be circumscribed and the Township Board may initiate injunctive action in Circuit Court or any such other remedy provided by Law.

1. Nothing herein shall prevent the Township Board or a private citizen from taking such additional lawful action as is necessary to restrain or prevent any violation of this Ordinance or the Michigan Land Division Act.

SECTION VIII
SEVERABILITY

Should any section, clause or provision of this Ordinance be declared unconstitutional, illegal or of no force and effect by a court of competent jurisdiction, then and in that event such portion thereof shall not be deemed to affect the validity of any other part or portion of this Ordinance.

SECTION IX
REPEAL

Conflicting ordinances and provisions of ordinances are hereby repealed; however the Township’s Land Division Ordinance and its Platted Lot Split Ordinance are deemed not to conflict herewith and are specifically retained.

SECTION X
EFFECTIVE DATE

This Ordinance shall take effect 30 days after publication of a summary thereof as required by law.

                                

Elizabeth Zabel, Clerk

Three Oaks Township